HomeMy WebLinkAboutContracts & Agreements_89-2006_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This Agreement is made and entered into this 2"d day of May, 2006, by and between the City of
Redlands, a municipal corporation ("City"), and Layne Christensen Company ("Contractor"). City and
Contractor are individually sometimes referred to herein as a"Party," and together as the"Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE I - ENGAGEMENT OF CONTRACTO
1.1 City hereby retains Contractor to furnish and install the Internal Well Casing Liner for the
Maguet No. 2 Well in the City of Redlands(the"Project").
1,2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required
for the work to be performed in connection with the Project, and shall not be debarred pursuant
to Labor Code sections 1777.I and 1777.7.
ARTICLE 2 -RESPONSIBILITIES OF CONTPACTOR
11 The Project which Contractor shall perform is particularly described in Exhibit "A," which is
attached hereto and incorporated herein by this reference,
2,2 Contractor shall comply with all applicable Federal, State and local laws and regulations in the
performance of the Project including, but not limited,to all applicable Labor Code and prevailing
wage laws commencing at Labor Code section 1770 et seq. and non-discrimination laws,
including the Americans' with Disabilities Act. Pursuant to Labor Code section 1773,2, copies
of the prevailing rates of per them wages as determined by the Director of the California
Department of Industrial Relations for each craft, classification or type of worker needed to
undertake the Project are on file at City's Administrative Services Department, located at the
Civic Center, _3)5 Cajon Street, Suite 10(P,O, Box. 3005 mailing), Redlands, California 92373,
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wage, that City may enforce such provisions by withholding contract payments to Contractor or
its subcontractors pursuant to Labor Code section 1771.6.
2A Contractor agrees that if it executes an agreement with a subcontractor to perform work on the
Project that Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775,
1776, 1777.5, 1813 and 1915. Contractor acknowledges that the statutory provisions
establishing penalties for failure to comply with state wage and hour laws and to pay prevailing
wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
2,A; Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776
regarding payroll records maintenance, certifications, retention and inspection,
1Agree fAg I
R, stag et No 2 Well Lmer Project 5-24)6
2,6 Contractor acknowledgeslegal day's work pursuant to Labor
that eight (8) hours constitutes a C�
Code section 1810.
2-7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships,
and Labor Code sections 1771, 1775, 1776, 1777.5 1813 and 1815.
2.8 Contractor shall obtain, execute and deliver to City a Labor and Materials Payment Bond,
pursuant to Civil Code section 3247, in the form attached hereto as Exhibit "B."
ARTICLE.3 - PERIOD OF SERVICE
3.1 Contractor shall commence the Project upon City's delivery to Contractor of a written"Notice to
Proceed," and Contractor shall complete the Project in a prompt and diligent manner.
ARTICLE 4 -PAYMENT AND NOTICE
41 City shall pay Contractor the sum of Seventeen Thousand Three Hundred and Two Dollars
($17,302.00) as complete compensation for the work Contractor performs on the Project.
4,2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt and
approval of Contractor's invoice, by warrant payable to Contractor.
4.3 All notices shall be made in writing and shall be given by personal delivery or by mail. Notices
sent by mail shall be addressed as follows,
City:
Greg Gage
Capital Projects Manager
City of Redlands
PO Box 3005
Redlands, CA 92373
Contractor:
Layne Christensen Company
I 100 1 Etiwanda Avenue
Fontana, CA 92337
When so addressed-, such notices shall be deemed given upon deposit in the United States mail-,
in all other instances, notices, bills and payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the person to who notices, bills
and payments are to be given by giving notice pursuant to this section 4.3.
.
A ION
5,4 Contractors Insurance- to be_Primajy. All insurance required by this Agreement shall be
maintained by Contractor for the duration of the Project, and shall be primary with respect to
City and non-contributing to any insurance or self-insurance maintained by City:
5,2 Workers' Com -bbilit
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AContractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance for its employees throughout the duration of the Project pursuant to Labor
Code sections 3700 and 1860, in an amount which meets statutory requirements, with an
insurance carrier acceptable to City. The insurance policy shall include a provision
prohibiting the policy's modification or cancellation except upon thirty (30) days prior
written notice to City. Contractor shall execute and deliver to City a Worker's
Compensation Insurance Certification in the form attached hereto as Exhibit "C" prior to
commencement of the Project.
R Contractor expressly waives all rights to subrogation against City and its elected officials,
officers and employees, for losses arising from work performed by Contractor on the
Project by expressly waiving Contractor's immunity for injuries to Contractor's
employees. Contractor agrees that the obligation to indemnify, defend and hold harmless
provided for in this Agreement extends to any claim brought by, or on behalf of, any
employee of Contractor. This waiver is mutually negotiated by the Parties. This
subsection shall not apply to any damage resulting from the sole negligence of City, its
agents and employees. To the extent any of the damages referenced herein were caused
by or resulted from the concurrent negligence of City, its agents or employees, the
obligations provided herein to indemnify, defend and hold harmless are valid and
enforceable only to the extent of the negligence of Contractor, its officers, employees and
agents,
53 Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City
and its elected officials, employees and agents from and against any and all claims, losses and
liability, including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any act or omission of Contractor, and its officers, employees and agents, in
performing the Project,
5.4 &ai nirient. Contractor is expressly prohibited from assigning any of the work associated with
the Project without the express prior written consent of City. In the event of mutual agreement
by the Parties to assign a portion of the Project, Contractor shall add the assignee as an additional
insured to its insurance policies and provide City with the insurance endorsements prior to any
work being performed by the assignee. Assignment does not include printing or other customary
reimbursable expenses that may be provided in this Agreement.
5.5 CQm rehensive-Cron eral Liabilb Insu nc force
ra Contractor shall secure and maintain in
throughout the duration of the Project comprehensive general liability insurance, with carriers
acceptable to City, with minimum coverage of One Million Dollars ($1,000,000) per occurrence
and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and
personal injury- City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting its modification or cancellation except upon thirty(30) days prior
written notice to City. Such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City. Certificates,of insurance and endorsements shall be delivered
1),,-,9,1gree&.aguet No,2 WeR Liner Frcject
to City prior to commencement of the Project.
5,6 Business Auto-Liability Insurance. Contractor shall have business auto liability coverage, with
minimum limits of One Million Dollars ($1,(100,000) per occurrence, combined single limit for
bodily injury liability and property damage liability. This coverage shall include all consultant
owned vehicles used on the project, hired and non-owned vehicles, and employee non-ownership
vehicles. City shall be named as an additional insured and a certificate of Insurance shall be
delivered to City prior to commencement of the Project.
ARTICLE,6 -GENERAL CONSIDERATIONS
6.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of
this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to
recover its reasonable attorneys' fees, including fees for in-house counsel of the Parties at rates
prevailing in San Bernardino County, California.
6.22 All documents, records, drawings, electronic data files and data base, photographic prints and
negatives, designs and specifications, cost estimates, and other Project documents developed by
Contractor for the Project shall become the property of City and shall be delivered to City upon
completion of the Project,
63 Contractor and City agree that Contractor is, for all purposes under this Agreement, an
independent contractor with respect to the Project and not an employee of City. All personnel
employed by Contractor to perform the Project are for its account only, and in no event shall
Contractor or any personnel retained by it be deemed to have been employed by City or engaged
by City for the account of, or on behalf of;
City. Nothing in this Agreement shall be considered
to create the relationship of employer and employee between the parties-
6A Unless earlier terminated as provided for below, this Agreement shall terminate upon completion
and acceptance of the Project by City.
6.5 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Project and (2) deliver or otherwise make available to City, copies of any
data, design calculations, drawings, specifications, reports, estimates, summaries, and such other
information and materials as may have been accumulated by Contractor in performing the
Project. Contractor shall be compensated on a pro-rata basis for any work completed up until
notice of termination.
6.6 This Agreement, including the attachments incorporated herein by reference, represents the
entire agreement and understanding between the parties as to the matters contained herein and
any prior negotiations, proposals and verbal agreements relating to the subject matter hereof are
superseded by this Agreement. Any amendment to this Agreement shall be in writing and
approved by the City Council of City and signed by City and Contractor.
6.7 This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
IN WITNESS ESS WHEREOF, Moly authorized representatives of the Parties have si
Exhibit "A"
SCOPE OF SERVICES
Furnish and install a new 8.65" x 160' Roscoe Moss A606 HSLA casing liner and gravel pack into the
12" casing at the City-owned baguet No. 2 Well. The proposed tasks include:
1. Furnish and install 40 feet blank casing, including all labor, material, equipment and incidentals.
2. Furnish and install 120 feet louvered shutter screen, including all labor, material, equipment and
incidentals.
3. Furnish and install gravel pack, including all labor, material, equipment and incidentals.
4. Furnish and install 8.65 inch x 160 foot Roscoe Moss A606 high strength low alloy casing liner,
including all labor, material, equipment and incidentals,
Exhibit "U"
PAYMENTBOND
WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and LAMe
CIUisteAsCn_CgMV;my (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements,which by said agreement dated May 2, 2006,and identified as
Contract No. is hereby referred to and made a part hereof',and
WHEREAS,under the terms Of said agreement, Principal is required before entering upon the performance of the work, to
furnish a good and sufficient labor and materials payment bond with the City to secure the claims to which reference is made
in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California.
NOW,THEREFORE, said principal and the undersigned as corporate surety,are held and firmly bound unto the City and
all contractors, subcontractors, laborers, materialmen, and any other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Civil Code of the State of California in the sum of Seventeen Thousand Three
Hundred Two dollars (Ij ,�302.0�0 for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment insurance Act with respect to such work or labor. that said surety will pay the same in an amount not
exceeding the amount herein above set forth,and also in case suit is brought upon this bond,will pay, in addition to the face
amount thereof is and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in
successlotly enforcing such obligation,to be a-warded and fmcd by the court,and to be taxed as costs and to be included in
the judgment therein render
Itis hereby expressly stipulated and agreed that this bond shall more to the benefit of any and all persons, companies and
Corporations entitled to file claims under Title 15(cominencing with Section 3082)of Part 4 of Division 3 of the Civil Code,
so as to give a right of action to them or their assigns in any suit brought upon this bond,
Shouldthe condition of this bond be fully performed, then this obligation shall become null and void-, othernrise it shall be
and remain in full force and effect.
The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the ternis of the agreement
or to the work-to be performed thereunder or the specifications accompanying the same shall in agnosia affect its obligations
on this bond,and it does hereby waive notice of any sitch change.extension of time,alteration or addition to the terms of the
agreement or to the work or to the specifications.
M WITNESS WHEREOF,this instrument has been duly executed by the Principal and surety narna
on 12006. Bond No.
(,SEAL) (SEL)
Principal Surety
By: By:
Signature Signature
Address:
(Nowrial Acknowledgmcats of Principal and Sardy) Telephone:
DMAgree,Jague,No 2 lNell Liner Projoa 5-Z-06
Exhibit "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Contract No.-
Every employer except the State,shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly authorized to write
compensation insurance in this State.
(b) By securing from the Director of industrial Relations, a certificate of consent to self-insure, either as an
individual employer or as one employer in a group of employers, which may be given upon furnishing
proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any
compensation that may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability
for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code.and I will comply
,arith such provisions before commencing the performance of the work of this contract. (Labor Code§1861).
Date
Name of Contractor
By:
Signature of Authorized Agent
Signatory's Title
Contractor's License No,
Date