HomeMy WebLinkAboutContracts & Agreements_201-2007_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This Agreement is made and entered into this 6 I day of November, 2007 ("Effective Date"), by
and between the City of Redlands, a municipal corporation ("City"), and SoCal Pump & Well Drilling,
Inc., a California corporation ("Contractor"). City and Contractor are sometimes individually 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 1 -ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor for the purchase and installation of a new replacement well motor
and head shaft for the City's Airport 2 well (the"Project").
1.2 Contractor and its subcontractors shall possess all appropriate State contractor's licenses required
for the work to be performed in connection with the Project, and shall not be debarred pursuant
to Labor Code sections 1777.1 and 1777.7.
ARTICLE 2- RESPONSIBILITIES OF CONTRACTOR
2.1 The Project which Contractor shall perform is more 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 diem 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, 35 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 1.771.6.
2.4 If Contractor executes an agreement with a subcontractor to perform work on the Project,
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 1815. 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.
DACAgreements\SoCal Pump&Well Public Work Improvement Agreement 1
Ili 1/07 7:41 a.m_
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776
regarding payroll records maintenance, certifications, retention and inspection.
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor
Code section 181.0.
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.
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 fully complete the Project within thirty (30) days of the Effective
Date of this Agreement.
ARTICLE 4- PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of Seventeen Thousand One Hundred Ninety-Two Dollars and
86/100 ($17,192.86) as total compensation for furnishing one U.S. Motor, 250 HP 1800 RPM,
VHS, WP-1 SRF 460 volt PWS 175%Thrust, Premium Efficient with 120 volt space heathers
20"BD and shall further pay Contractor the sum of Three Thousand Three Hundred Ninety-Five
Dollars($3,395.00) as total compensation for installation of 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 in writing and shall be given by personal delivery or by United States mail.
Notices sent by mail shall be addressed as follows:
City:
Chris Diggs
Municipal Utilities Department
City of Redlands
PO Box 3005
Redlands, CA 92373
Contractor:
Keith Collier
SoCal Pump & Well Drilling, Inc.
1510 Palmyrita Avenue
Riverside, CA 92507
DJM1,Agreements\SoCs1 Pump&Well Public Work Improvement Agreement 2
11/1/07 7:41 a.m.
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.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 Workers' Compensation and Employer's Liability
A. Contractor 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 1860 and 3700, in an amount which meets statutory requirements, with an
insurance carrier acceptable to City. Contractor shall execute and deliver to City a
Worker's Compensation Insurance Certification in the form attached hereto as Exhibit
"B"prior to commencement of the Project.
B. 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's obligation to indemnify, defend and hold City 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.
5.2 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. This Section 5.2 shall survive any termination or expiration of this
Agreement.
5.3 Assisnment. 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 required by
this Agreement 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.
DMAgreementstSoCal Pump&Well Public Work Improvement Agreement 3
Id1V07741 a.m.
5.4 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force
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
to City prior to commencement of the Project.
5.5 Business Auto Liability Insurance. Contractor shall secure and maintain business auto liability
coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined
single limit for bodily injury liability and property damage liability. Such coverage shall include
all Contractor 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 the insurance policy
shall include a provision prohibiting its modification or cancellation except upon thirty (30) days
prior written notice to the 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 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 the use of in-house counsel by a Party.
6.2 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.
6.3 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.
6.4 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion
and acceptance of the Project by City.
DS'tVAgreements SuC"al Pump&Well Public%N'Ork lulprc�veuient Agreement 4
1 iii O7 7:41 amen
6.5 Upon receipt of a termination notice, Contractor shall (I) 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 Exhibits incorporated hereinby reference,
tained herein
e any en
tire
agreement and understanding between the Parties as to the
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 WHEREOF, duly authorized representatives of the Parties have signed in confirmation of
this Agreement.
CITY OF REDLANDS ATTEST:
By — City Clerk
oft-Harris n,Mayor `��..>
SoCal Pump & Well
fr
Date
By
Keith Collier, Vice President
l)? ',Agreeanents`oCal pump&Well pul1lie W Irk irnpre)vement Agreement
i 1,113'7:41 a.in
m
EXHIBIT"A"
L J,\,I" grt�rtaesits Sc-C:aI t'uiup&Weh Public Work improvement.Agreement 6
1 l i l l(7?7:91 a-rn
'V! V1I LVV! iJ.LV JJtJ`11 JVJl
..xi vrx_ v • w rv`t�t_ ..rrur. V.7
a CI A
U � E L
� AILLII IACUNftod .
��.„ow
*
October 1, 2007
Highland Avenue Water Complex
ASS Parrkford Drive
Redlandt, CA 92373
Reference:Airport 42 Replacement Motor
Attention: Jerry Zysek
*Furnish only one:
US. Motor, 250 HP 1800 RPM,, VHS, WR-1 SRF 4150 volt P"
175% Thrust, Premium E,flclent with 120 volt space heathers 20"BD
Total A unt 517.19,1,86
These prices are firm for thirty days, after such time it may be subject to review anchor
possible change. This price does include applicable sales taxes.
If'you.should require further trtjormadon,please contact our of,j`ee, Thank you for
choosing SoCal Pump & Well Drilling, Inc., a full service pump, electrical,fabrication
and water well drilling company.
Sincerely.
'Keith Collier — —
Vice President
Design•IrwUltation•Sale•Servke•Repair-Msiriftwance-Complete EkwtdcW and Motor H*W
Corpmte Ofte 4 1510 Palmyrfte Ave.•Riverside.CA 92507*Bus. (951)341-5025•Fax(9.51)341-501
Las Vegas Office f 3111 South Valley View lane, Suite A112•Las V609, NV 89102*Bus. (702)220-9362*Fax (702)220-9746
Mailing 4 P.O. Sox 5488•Riverside, CA 92517*Toil Free All Locatiorts(800)701-6763
- �)U u(AL t'IN�R' 6 WILL
b!191!ZOU 7 Ztl LD1-�41-Oi7y1
S160 A L
it
El
DRILII16 , IIC -
u �
October 1, 2007
Highland avenue Water Complex
953 Parkford Drive
Redlands, CA 92.373
Reference: Airport 42 Replacement Motor
Attention: Jerry Zysek
*Per your request, drive out: remove discharge head and head shaft.
Machine new 10 foot long Stainless Steel head shaft and install.
$3.395.UO
Tytul,�mot�rlt
These prices are firm for thirty days, after such time it may be subject to review and/or
possible change. This price does include applicable sales taxes.
If ynu should require further information,please contact our office. Thank you.for
choosing,goCal Pump & `Yell Drilling, Inc., a full service pump, electrical,fabrication
and water well drilling company.
Sincerely, ,
i Keith Colli
Vice President
Design• Installation-Sales•Service-Repair•Maintenance•Complete Electrical and Motor Repair
Corporate Oft*4 1510 Palmyrit>a Ave. *Riverside,CA 92607-Bus.(951)341-5025-Fax (951)341-5031
Las Vegas Office 4 3111 South Valley View Lane, Suite A112-Las Vegas, NV 89102-Bus. (702)220-9382- Fax (702) 220-9741
Mailing 4 P.O. Box 5488•Riverside,CA 92517-Toll Free Ail Locations(S00)701-6763
Exhibit"B"
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 duty authorized to write
compensation insurance in this State.
given n u on furnishing
(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 beg P a
proof satisfactory to the Director of Industrial Relations of abilityto self-insure and to pay any
compensation that may become due to his or her employees.
yer to
I am aware of the provisions of Section 3700 of he Labor�n accoode hdancerequires
w. the provisions of hateCode,insured
and I will liability
ply
for Workers' Compensation or to undertake self-insurance
with such provisions before commencing the Performance of the work of this contract.(Labor Code§1861).
Date
Name of Contractor
By: � —
S�'g/fiateure of Authorized Agent
Signatory's Title
,�/0;�3(n
Contractor's License No.
Date
G
ti7
pMAgreememsLsocal Pump&Welt Public Work Improvement Agreement
I 1/1/017:41 am.
r