HomeMy WebLinkAboutContracts & Agreements_20-2014_CCv0001.pdf AGREEMENT FOR WATER DISTRIBUTION SYSTEM MAINTENANCE AND REPAIR
SERVICES
This agreement for water distribution system maintenance and repair services ("Agreement") is
made and entered into this 18th day of February, 2014 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City"), and TRYCO General Engineering ("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 I -ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor for the performance of water distribution system maintenance and
repair services (the "Services") at locations to be determined throughout City's water service
area on a project-by-project basis (each, a"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 performance of the well testing work, and
shall not be debarred pursuant to Labor Code sections 1777.1 and 1777.7.
ARTICLE 2 -RESPONSIBILITIES OF CONTRACTOR
2.1 The specific Services to be performed by Contractor will be more particularly described in the
written Notice to Proceed issued by City to Contractor for each individual Project.
2.2 Contractor shall comply with all applicable federal, state and local laws and regulations in the
performance of the Services including, but not limited, to all applicable Labor Code and
prevailing wage laws 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 Municipal
Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A
(Mailing: P.O.Box 3005), Redlands, California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wages that City may enforce such provisions by withholding payments to Contractor or its
subcontractors pursuant to Labor Code section 1771.6.
2.4 If Contractor executes an agreement with a subcontractor to perform any portion of the Services.
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.
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776
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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 Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.8 Contractor shall guarantee each Project against defective materials or workmanship for a period of
(1)year from the date of completion of the Project as specified in the Notice of Completion, except
where longer warranty periods are specifically stated.
All work which has been rejected by City shall be remedied, or removed and replaced by
Contractor, at Contractor's own expense, with such work conforming to the Notice to Proceed's
scope of services for each Project. Any defective material or workmanship which may be
discovered before final acceptance or within (1) one year from the completion date specified in the
Notice of Completion shall be corrected immediately by Contractor at its own expense
notwithstanding that defective material or workmanship may have been overlooked by City in
previous inspections. Failure to inspect work at any stage shall not relieve Contractor from any
obligation to perform sound and reliable work as described in the Notice to Proceed. Any omission
or failure on the part of the City to discover or notify Contractor of defective work or material at the
time of construction shall not be deemed an acceptance, and Contractor will be required to correct
defective work or material prior to final acceptance.
During the(1)one year warranty period for each Project, should Contractor fail to remedy defective
material and/or workmanship, or to make replacements within five (5) days after written notice by
City, it is agreed that City may make such repairs and replacement and the actual cost of the
required labor and materials shall be chargeable to and payable by Contractor.
Nothing in this section shall be construed to limit the rights of City to immediately correct
conditions which may be unsafe or which may adversely affect the public health, safety and
welfare. Should said conditions later be found to be caused by defective material and/or
-workmanship,Contractor shall reimburse the City for costs reasonably incurred by City.
ARTICLE 3 -PERIOD OF SERVICE
3.1 Contractor shall commence each Project upon City's delivery to Contractor of a written Notice to
Proceed for such Project.
3.2 Contractor shall complete the Services within the time allotted for each Project as described in the
Notice to Proceed.
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ARTICLE 4 -PAYMENT AND NOTICE
4.1 City shall pay Contractor based on a Project-by-Project basis, based upon Contractor's hourly
rates and charges as set forth in Exhibit"A," which is attached hereto and incorporated herein by
reference. The total compensation to be paid to Contractor pursuant to this Agreement shall not
exceed the sum of Nine Hundred Thousand Dollars ($900,000.00).
4.2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt and
approval of Contractor's invoice for a Project, 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: Contractor:
Chris Diggs Try Kirtley
Municipal Utilities and Engineering Department TRYCO General Engineering
City of Redlands P.O. Box 391
Post Office Box 3005 Rimforest, CA 92378
Redlands,CA 92373
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 are to
be given by giving notice pursuant to this section 4.3.
ARTICLE 5—INSURANCE INDEMNIFICATION AND BONDS
5.1 All insurance required by this Agreement shall be maintained by Contractor throughout
Contractor's performance of the Services, and, except for Workers' Compensation and
Employer's Liability insurance, shall be primary with respect to City and non-contributing to any
insurance or self-insurance maintained by City.
5.2 Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance for its employees throughout the performance of the Services 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 of coverage limits 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"B" prior to commencement of the Services.
5.3 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 negligent or
intentionally wrongful act or omission of Contractor, and its officers, employees and agents, in
performing the Services.
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5.4 Contractor is expressly prohibited from assigning any of the work associated with the Services
without the prior written consent of City. In the event of agreement by the Parties to assign a
portion of the Services, 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 for in this Agreement.
5.5 Contractor shall secure and maintain in force throughout its performance of the Services
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
modification of coverage limits or cancellation of the policy except upon thirty (30) days prior
written notice to City. A certificate of insurance and endorsements shall be delivered to City
prior to commencement of the Services.
5.6 Contractor shall secure and maintain in force throughout its performance of the Services business
automobile 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. This
coverage shall include all Contractor owned vehicles used for the Services, 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 modification of coverage limits or
cancellation of the policy except upon thirty (30) days prior written notice to City. A certificate
of insurance and endorsements shall be delivered to City prior to commencement of the Services.
5.7 The failure of Contractor to complete a Project within the time allowed will result in damages being
sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult
to determine. Contractor shall pay to City, or have withheld from monies due it, the sum of Five
Hundred Dollars ($500) for each consecutive calendar day in excess of the specified time for
completion of the Project. Execution of this Agreement shall constitute agreement by City and
Contractor that Five Hundred Dollars ($500)per day is the estimated damage to City caused by the
failure of Contractor to complete a Project within the allowed time. Such sum represents liquidated
damages and shall not be construed as a penalty, and may be deducted from payments due
Contractor if such delay occurs.
5.8 Prior to and as a condition of Contractor's performance of each Project, Contractor shall execute and
deliver to City a Payment Bond as required by Civil Code section 5990, in a form as set forth in
Exhibit "C." and a Performance Bond, in a form as set forth in Exhibit "D," which are attached
hereto and incorporated herein by reference.
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.
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6.2 All documents, records, drawings, electronic data files and data base, photographic prints and
negatives, designs and specifications, cost estimates, and other documents developed by
Contractor for the Services shall become the property of City and shall be delivered to City upon
completion of the Services.
6.3 Contractor is, for all purposes under this Agreement, an independent contractor with respect to
the performance of the Services and not an employee of City. All personnel employed by
Contractor to perform the Services 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 acceptance
by City of all Projects initiated prior to July 30, 2014.
6.5 City may terminate this Agreement for any reason, at any time at its sole discretion, upon two (2)
business days prior written notice to Contractor.
6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the 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. Contractor shall be compensated on a pro-rata basis for any work completed up until
notice of termination.
6.7 This Agreement, including the exhibits incorporated by reference, represents the entire
agreement and understanding between the Parties as to the matters contained herein and any
prior negotiations, proposals and agreements relating to the subject matter hereof are superseded
by this Agreement. Any amendment to this Agreement shall be in writing and approved by City
and Contractor.
6.8 This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
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IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of
this Agreement.
CITY OF REDLANDS TRYCO GENERAL ENGINEERING
By
Pete Aguilar,Mayor ry i ey , Pres'
ATTEST
Sam Irwin, ity Jerk
6
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R.
% t walet d«§§m»n K «m and dentin >n§ c23r w m} : 6 1' C Ry of
.rj •v , � � .� ,
GENERAL ENGINEERING
PO Rax 391, Rimforest, CA 92378 - Phone 909.337.3336
EXCAVATOR w/Operator 320 CL (47,000 LBS) 145.00/Hr.
BACKHOE w/Operator John Deere, 4X4, Bucket, Extendahoe 110.00/Hr.
W/Rock Breaker 45.00/Hr.
COMPACTORS Sheeps Foot Puff Compactor 188/Day
Wacker Compactor 117.00/Day
WATER EQUIPMENT 2500 Gal 2000 Freightliner Water Truck 86.00/Hr.
TRUCKING Dump Truck/Trailer 88.00/Hr.
Service Truck, Welder w/Tools 25.00/Hr.
COMPRESSOR Air Compressor(excludes labor) 190.00/Day
RoLLR _ Bomag 3-5 Ton Vibratory $35.00/Hr.
SWEEPER Sweeper $35.00/Hr
Labor Prevailing Wage Foreman 75.00/Hour
Equipment Operator 70.00/Hour
Labor 59.00/Hour
`4 hour minimum or $150.00 hauling fee applies
EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Project: Water distribution system maintenance and repair services in the City of Redlands'
Water Service Area
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to self-
insure, either as an individual employer or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due to
his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in accordance with
the provisions of that Code, and I will comply with such provisions before commencing the performance
of the work of this Agreement. (Labor Code §1861).
TRYCO GENERAL ENGINEERING Date:
By:
oz�3
Contractor's License No.
Exhibit t 47,
PAYMENT
%Wwrems,the My Ca m ii of We City o Re,aa,,ntl `=fne of AHMA, €alisd
(hereirtafier designatedas "Principal") have entered into
air an n' -Agwenwn J wh wby Principal agree` o ,i�,a.alt -sat d c,;at t lett certain €iesig ated p Ian v
�:
Bats, r;,'�c:Ic�.YteEti kpt€t'"Work"), 4vAt.f: said .t,,a,a t,.€ CaaY dated e�+ �,.+
.
Whereas, undler the tE.runs of$ e ,5 ..t.et..€s.nL f rirwi€t.>f is required c._aia'irnending the perforntiar"ice .,
the Wort, to €lle 1 go and ta-f .t f ,.. . t ss and ��K<_.=.,trt? b t.n '= 1vi €hu, � of a;�-dlan s In. secure theclai ns
4 � zC tt
, -- -t rel - -;ice is made in Tide 3 wrtnewing "it Searon 9550) of Pon (6, of Division 4 of the Civil We all'
.vhici re
orl
`%"`stherefore, 4.Izd Pri ,''p f indl e undasIncd as corporate 's..ue ..sa.e helld firmly bound stag, the
City mid all c���
.:#iiat,=o,s, sil',?£."on€.€ta,ioa.., lueb<<',s.=eg inaledall as.efa eSl€€.. t.€S€e. £l=..,st,4?s _i'Iaf!o 'ed in the b'.rs;,.nE,ut';ce of
be Ag eawnt and refetTed to t`, ah.c a'`fore zid (lodes o �z`Y Procedure in the urn t<.
ire Harr�f''a___, 'i_`?' ial,a <Sa.l.:. it..s.a„g.�:d ,n. labor11her o n €J4 any find, or fru.a amounts due a ndLr that.
_ta€, v ,i.w..= iaasLiCafEc_ Act t<.a.. respect lo :;tacf= vost tw Wbor, ?:€_.a said survy W pa,” the same in an =tnPt.ra,n_
ilNll C�CLMaig the sar€o int he .->€.<-,b`-._ _, sot e .nh. and <af:ai.? in eaa'ro« ...:.iSE is €IrOWW,€ 1 upon thfis ;onid, ME pav, in
f.'dtaaion to the face ananunt thereof, cms and Cu.a ft7. able expenses c? - I fecs, including reasonable attorneys' fee,:.,
>€vuFvt`>t by :is4- s.<{ai' fife aScc3..1 €u4E c.Y.E_.€C:a ty ro.d.z ,.,l ,.aasE,, to he w. €. ,...,_.l and Fixed by the ctii:ii, and to .,o
taxed tali cow and to be included hi Ow E< c,k% nt alarm€ain tendered.
It is hereby expnesMy stipw,a to d and agreed a:,at, I;ie:. bc-mid b,-mid .thadl insure to the benefit of any and +.. t
_€'.ns, cC;FaWarries and t orpro a.,< .s t nid- d as t,i ,iaiins under €idt 3 (conmnenucing wide Section 9M,,,of al.;'a
the 'u' r. s i anion as t a c,£ tgns In any ,-gun � a,.,,..:i upon,
., .} tea; .€tea. _€ > �..d �FtaE�...t.,Ls�, >� <_, ,.; �a .., �.. C`: � _., u� a,f.= _ �. a,s .t�.s _..,
,.r t_ea be conAkIn of ar€ds, bnj a Roy peoirnej t.na..n af... Mokohn shall become null and Md.,
Iiia,: surety he by mtfi$.ni=, es and ''_� €,.< - t'}c.. no m[_. ? . <�me-n,i n :ii' �.i.a, alteration or addition t a,
gg Be � ,
Prins a,t the .�`gree[c hi[or B �+, �+ v�<+ iS. r c.m z�e ing the ,vfm shAl .+, anyI _za.a3�:r flet is ob gwk:',_ on,
e<e,� a'l.'='s:a , ai'sCx'(a CSE;?S Iat'iL:�`v; *• �_.s ;. `s�,t�,t�E<. ...'a .1. :'auc w(F€i%aar,+.<, �..x._...€,.;:._n o finre, _.;t,--rallE?n or:addition,
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In .;ika e s whereof. p#.. ., _u a- i i has been dl v x .,caH t baa, the Principal ipa<, a.-nd sti;- is above namw& ._<
0!
MEAL) (SEVAD
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FORMAN
Whereas, the City of edia>#mitts ("City"), S. t of California, and (hef ina ¥e
designated as "Principal") have r t emI into an ag.mereLnt dated 0� ("Agreement") whereby
e
knci a.? agrees to instal., Lind ctiliaplete t`tui~tak rmh1k im roeInent.
gg "Work"), w4iich sail
Whereas,as, s'uid [Citicipai is gUiC_a un&r Te C rns of Ve Agreen-jent to furnish 'a bond for the
Surety,
p' (,� iance of Me A gy} ff.:.{;i� , now,, .�c. �.f?;{moi::-, , p1i1C; ii:7.�`? [t.. £iC/�
��s Staret fir. a C.. held and fitri3>$' N-ju d unto the Cit � ir, the pe all ,urn o
t ,
`P
a €.-�.311;.?a"5 - 5 swiul rnoney of the _.i nitecl:
S is Or the payment i'',.i ,."'aaiich SLIM we bind OLM_.Clves, and our }"...,O, successors, e..- i,'°..'L ums and
is+.._i..i"ii:straa Tr,s,j ii='li' and e,.c rali€, rirn- y by these presents,
The condition of IQ pT hCJCsi,tnox& is .S Lwh that if irie above e _iLl(ided £:5=cipa Its S Us +_...
c Li ors, a i <. ..., or i r assigns, shall in all tiS'L g =a:m , and ac mile =}r and 4 la and
z.,.C.a °"iitts�i�CS, mP.�.._.s:�;t,.--x`� i� 4 $.., � ci." �'a`�`, e
t
i ""111 y keep and parkwni the L,a"#feria s, c..,ddh n s and 'rnwi,has in „w A_$.'c ent and an c.lna
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� e,1�.I. >i,i< t. as t.ieeei?� i�v!?otL t,g i�2s or 15 pun to be kept Iiii.x p'4i`t ,?>aiie`ci at the i9i3ie and in ai=e
m'...nne therein spe f icd, { n i g respects
xf-. i.i� to ayx8 s to fa d 1 i'9 and
s;�"Zal
m.. �� ��� I:� �Ia i� €`wyg_. ��.;�ax t �� iii €L L LI - iF`=aw3
conditions, und upon dcternninu1kon by Surety ca' the kzwcuresponsive and responsible
bidder, arrange for ucontract Mween mudh biddaand the (�ity, and oxubcavui|ub|e m
work progresses su[Ucieni funds to pay the cox( of completion of \be Wur� less |he
balance of the Agwoorneot pbce, but not exccedingy, including other cosia unddannagey for
which Surety may be Wehemundu. \heamount sell [omh ubove. Tbe tcnm "balance of
|he /kgrecnient yrOc.'^ us used in W paragraph` yb4|| me-an the total mmnmunt payable to
the principal by the City under the /\grcenucot and any mn0difiCudons thereto, less dhe
amount previously properly paid by (heCA, tmWe Mnoipui
Sorcty exyresx|y agrees {hu( the (7\(y rnuy reject any coo(ruotor or xuhcomaruchmr vvbich may be
pnoposcdbySurety inb/|fiUcnrnio[ its ob|igohonyinthe event 0fdcfuo\iby the principal-
Surety
rinciyaiSurety »huH not utilize the Prinoipu| in connp|e{ing thc Agce-enxenC nor obuM Socciy accept u bnd
[n}V\ the Wincipu| [orcornpk:hon of the Work if We Ci(y, when d-cc|uhng the Principzd in dc[uu/(`
no{inex Surety of dic <]ity`a obieaiom to the Princinu 'y [urhcr participation in (he completion of !be
Work,
No right of action sbu|| accrue on the bond to or [or the use of arty person occoryonahon other
(hun (he Chy named herein or the successors or umsInu o[ ihe City. Any suit under ibis bond rnuy( be
innii(uLedvvi\hiu the applicable mun o[\immiiudony yuiod.
The said Surety Or vu\Ve received, hereby QuIu1ca and ugnsea that n0change, ericnyion of
<iow` u|1cruKion oradditioM to the iunu of do Agmerncnt or to the vvork to be perDznned thereundleror
ihe Specifladoosaccomupunying the aurne uhuU in any any Wo[ its aNig,uboos on this bold, and it
does herchy waive rimice of any such Minge, extension of tinie, afteration or addition to the ternnix ,,nfthe
Ag/rcrnco\ or(othe work orto, ih. spcciOcuUony,
No final settlement between the Uy and (he Principal shall abridge [he 6ehi or any hemeDc\ury
hereunder whose Claim May IDC
uosuiis��d.
The Principal and Surety ugrn:e that i[ the City is ncquiuod to engage the mervices of any uKorn�y
in oonnmcbon with the enforcement of this bond, euob uhul! pay [he City's reasonable attorneys' [ee-,,
incurred, widhorwithout mui|, inud-idontodheabove sum,
/n mknnxwbecco[ \his inairunmen( has been duiyCxccub�d by the Principal and Su�lyubovc
name! un . 201_