HomeMy WebLinkAboutContracts & Agreements_229-2003_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This Agreement is made and entered into this 2nd day of December, 2003, by and
between the City of Redlands, a municipal corporation ("City") and Stover Electric, Inc.
("Contractor").
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 installation of the Standby Power
Generating System for the Co-generation facility at the Wastewater Treatment
Plant, Redlands, California (the "Services").
1.2 Contractor and its subcontractors shall possess the appropriate State Contractors
License required for the work to be performed as set forth in this Agreement and
shall not be debarred pursuant to California Labor Code sections 1777.1 and
1777.7.
ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR
2.1 The specific services which Contractor shall perform are more particularly
described in Exhibit "A," entitled "Proposal/Contract" which is attached hereto and
incorporated herein by this reference.
2.2 Contractor shall comply with all applicable Federal, State and local rules, laws and
regulations in the performance of this Agreement including but not limited to all
applicable Labor Code and prevailing wage laws commencing at California Labor
Code section 1770 et. secl. and non-discrimination laws including the American's
with Disabilities Act. Pursuant to California 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 execute this agreement are on file at the City of Redlands office
of the Municipal Utilities Department, Civic Center, 35 Cajon Street, Suite 15A
(P.O. Box. 3005 mailing), Redlands California 92373.
2.3 Contractor further understands that if it violates the California Labor Code as it
relates to prevailing wage, that City shall enforce the California Labor Code by
Notice of the withholding of contract payments to the Contractor or Subcontractor
pursuant to Labor Code section 1771.6.
2.4 Contractor agrees that if it executes an agreement with a subcontractor to work on
this Project, that the Contractor shall comply with California Labor Code section
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1775 and 1777.7 including providing the subcontractor with copies of the provisions
of Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code. Contractor
acknowledges that the statutory provisions for penalties for failure to comply with
state wage and hour laws and to pay prevailing wages will be enforced by the City
pursuant to labor Code sections 1775 and 1813.
2.5 Contractor and any of its Subcontractors shall comply with the provisions of
California 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 1810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to
apprenticeships, and Section 1771, 1775, 1776, 1777.5 1813 and 1815 of the
California Labor Code.
ARTICLE 3 - PERIOD OF SERVICE
3.1 Contractor shall perform the Services in a prompt and diligent manner.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 For the performance of the Services, City will pay Contractor the sum of 517,080.00.
4.2 Payments by City to Contractor shall be made within 30 days after receipt and
approval of Contractor's hereinabove invoice, by warrant payable to Contractor.
4.3 All notices, bills and payments shall be made in writing and may be given by
personal delivery or by mail. Notices, bills and payments sent by mail should be
addressed as follows:
City: Mike Pool
City of Redlands
Municipal Utilities Department
PO Box 3005
Redlands, CA 92373
Contractor: Mark Stover
Stover Electric, Inc.
469 Grinnel Ct.
Simi Valley, CA 93065
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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 whom
notices, bills and payments are to be given by giving notice pursuant to this paragraph.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 Contractor's Insurance to be Primary
All insurance required by this Agreement is to be maintained by Contractor for the
duration of this Project and shall be primary with respect to City and non-
contributing to any insurance or self-insurance maintained by City. Contractor
shall provide City with Certificates of Insurance and endorsements evidencing such
insurance prior to commencement of work.
5.2 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
this Agreement pursuant to California Labor Code sections 3700 and 1860
and in an amount which meets the statutory requirement with an insurance
carrier acceptable to City as set forth in attached Exhibit "B" Such insurance
shall be primary and non-contributing to any insurance or self-insurance
maintained by City. The insurance policy shall include a provision
prohibiting cancellation of said policy except upon thirty (30) days prior
written notice to City. Certificates of Insurance shall be delivered to City
prior to commencement of work.
B. Contractor expressly waives all rights to subrogation against City, its elected
officials, officers and employees for losses arising from work performed by
Contractor for City by expressly waiving Contractor's immunity for injuries
to Contractor's employees and 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 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,
agents and employees.
C. Contractor shall sign the Worker's Compensation Insurance Certification
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attached as Exhibit "B" to this Agreement.
5.3 Hold Harmless and Indemnification Contractor shall indemnify, hold harmless
and defend City and its elected officials, agents, and employees from and against
any and all claims, losses or liability, including attorney's fees, arising from injury
or death to persons or damage to property occasioned by any act, omission or
failure of Contractor, its officer, agents and employees in performing the Services
required by this Agreement.
5.4 Assignment. Contractor is expressly prohibited from subletting or assigning any of
the Services described in this Agreement without the express written consent of
City. In the event of mutual agreement between parties to sublet a portion of the
Services, Contractor shall add the subcontractor as an additional insured and
provide City with the insurance endorsements prior to any work being performed
by the subcontractor. Assignment does not include printing or other customary
reimbursable expenses that may be provided in this Agreement.
5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain
in force throughout the duration of the Agreement comprehensive general liability
insurance with carriers acceptable to City. Minimum coverage of one million
dollars ($1,040,000) per occurrence and two million dollars ($2,000,004) aggregate
for public liability, property damage and personal injury is required. City shall be
named as an additional insured and the insurance policy shall include a provision
prohibiting cancellation of said policy 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 work.
5.6 Business Auto Liabilitv Insurance Contractor shall have business auto liability
coverage, with minimum limits of one million ($1,000,000) 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 work.
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.
6.2 Contractor shall not sublet or assign any of the Services to be performed under this
Agreement, except with the prior written approval of City and in strict compliance
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with the terms, provisions, and conditions of this Agreement.
6.3 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 pursuant to this Agreement and any copyright
interest in above described documents shall become the property of City and shall
be delivered to City upon completion of Services.
6.4 Contractor and City agree that Contractor is, for all purposes under this
Agreement, an independent contractor with respect to the Services provided
pursuant to this Agreement and not an employee of City. All qualified personnel
provided by Contractor pursuant to the provisions of this Agreement are to be
employed by Contractor 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.
6.5 Unless earlier terminated as stipulated below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all
services 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 Services required by this Agreement. Contractor shall be
compensated on a pro-rata basis for any work completed up until notice of
termination.
6.7 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 or oral agreements
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.
6.8 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.
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CITY OF REDLANDS ATTEST:
By
ayor City VIerk
Date December 2, 2003
STOVER ELECTRIC,, C.
DY Date_
Mark S ver, resident
EXHIBIT "A"
SCOPE OF WORK
Installation of Standbv Power Generating System for the Co-generation facility at
the Wastewater Treatment Plant, Redlands, California
The scope of work shall consist of the following:
I Run conduit and wiring from existing 400 amp breaker to generator
location.
2. Install all necessary grounding and bonding per NEC specifications.
3. Includes separate 120 volt power supply for battery charger.
4. Install new MCC board provided by others.
5. Replace wire to new coolant motor.
0,
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 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 with such provisions before
commencing the performance of the work of this contract. (Labor Code §1861).
T---A
Name of Con'tractor
By:
Signature of Author* e Author'
Signatory's Title
Contractor's License No.
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Date .1
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