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HomeMy WebLinkAboutContracts & Agreements_106-2007_CCv0001.pdf I AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT This Agreement is made and entered into this 19th day of June, 2007, by and between the City of Redlands, a municipal corporation ("City"), and Tom Jurgens ("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.CONTRACTOR 1.1 City hereby retains Contractor to perform the work described in Exhibit "A." entitled "Scope of Services." which is attached hereto (the "Project"). 1.2 Contractor and its subcontractors shall possess all appropriate State certifications 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 - RESPONSIBILITIES OF CONTRACTOR 2.1 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 17731.2, 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, 35 Cajon Street. Suite 10 (P.O. Box, 3005 mailing), Redlands, California 92373. 2.2 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. 2.3 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, 1.813 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. 2A Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. 2 t:� �5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810. DJM'.Agrec\Jurgens---June 20,2007 2.6 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 complete the Project in a prompt and diligent manner. ARTICLE 4 - PAYMENT AND NOTICE 4.1 City shall pay Contractor on a time and materials basis at the rate of Seventy Dollars ($ 70.00) per hour as compensation for the work Contractor performs on the Project. The total compensation to be paid to Contractor shall not exceed Nine Thousand Eight Hundred Dollars ($ 9,800). 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: Chris Diggs City of Redlands Municipal Utilities Department PO Box 3005 Redlands, CA 92373 Contractor: Tom Jurgens 31731 Highview Dr. Redlands, CA 92')73 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 S.I Contractor's Insurance to be Primary. 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. DJMuee'Jur,Lyens—June 20,2007 Workers' Compensation and Employer's Liability A. (i) 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 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 priorvNritten 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 Project; or (ii) Contractor acknowledges that the business is a sole proprietorship, partnership, limited liability company or corporation that has no employees and that no individual owner, partner, limited liability company member or eligible corporate officer has elected to be covered under the Workers' Compensation Act. 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 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. 5.3 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 Assignment. 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 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 (51,000,000) per occurrence WNI'Agree'Jurgens—June 20.007 and Two Million Dollars ($'-),000,000) aggregate for public liability, property damage and personal injury. City shall be named as an additional insured and the insurance policy shall or cancellation except upon thirty (3:�O) days prior include a provision prohibiting its modification 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 on the Project. 5.6 Auto Liability Insurance. Contractor shall have personal 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. This coverage shall include all Contractor owned vehicles used on the project. City shall be named as an additional insured and a certificate of insurance shall be delivered to City prior to commencement of work on the Project. ARTICLE 6 - CONFLICTS OF INTEREST 6.1 Contractor covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the geographical area covered by this Agreement or any other source of income, interest in real property or investment which ' would be affected in any mariner or degree by the performance of Contractor s work. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any work under this Agreement. 6.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor: A. Does not make or participate in: (j) the making or any governmental decisions regarding approval of a rate, rule or Z-1 regulation, or the adoption or enforcement of laws,. (ii) the issuance, denial, suspension or revocation of permits, licenses, applications., certifications, approvals, orders or similar authorizations or entitlements; (iii) authorizing City to enter into, modify or renew a contract; (iv) granting City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) granting City approval to a plan, design, report, study or similar item; (vi) Adopting, or granting City approval of, policies, standards or guidelines for City or for any subdivision thereof in that capacity pa capacity with City and participate in making a B. Does not serve in a staff governmental decision or otherwise perform the same or substantially all the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87301 June 20.2007 WWAgree'Jurgens event City officially determines that Contractor must disclose Its financial interests by 6.3) In the completing and filing a Fair Political Practices Commission Form 700. Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's office pursuant to the written instructions provided by the office of the City Clerk. ARTICLE.7 - GENERAL CONSIDERATIONS 7.1 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. 7.2 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. 7.3 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 or engaged be deemed to have been employed by City ged Contractor or any personnel retained by it --ag 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. 7.4 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Project by City. 7.5 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. 7.6 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. 7.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California. t7i1b1\,Agree',,Jurgens—June 1-0,2007 r T duly authorized representatives of the Parties have signed in confirmation of I� WITNWHEREOF,HEREO , this Agreement. CITY OF REDLANDS ATTEST: By 9cittClerk Jon arrison,Mayor Date "13"07 By ---- Tom J ens DJM%'Apree'.Jurgens—June 20,2007 y FXVIIBIT L Scope of Services Assist with installation of fiber optic network and associated PLC hardware for Hinckley Water Treatment Plant. oving Provide services on upgrade to include pulling in fiber optic docntrol devices to newbterminals and PLC redundant wiring, connecting existing instrumentation and c enclosures. m and city staff to maintain minimal down time to water Consult with Beavens Electrical Syste treatment plant production during construction. . Assist city staff with ether tasks related to the installation and upgrade of Hinckley Water Treatment Plant SCADA system equipment. x DJM`.Agrec,Jurgens—Juni'(),200" 7 x Exhibit 'B" WORKERS' COMPENSATION INSURANCE CERTIFICATION Contract No._________ er except the State,shall secure the payment of compensation in one or more of the following ways: Every employ bein insured against liability to pay compensation in one or more insurer duly authorized to write (a) BY g compensation insurance in this State. be f-i n upon furnishing B securing from the Director of Industrial Relations, a certificateemployers, which consent self-insure, eit ea asap ro) Y or as one employer in a group of emp y individual employer roof satisfactory to the Director of Industrial he ie�Relations of ability to self-insure and top y p become due to his compensation that may s every yer to be ainst I am aware of the provisions of Section 3700 of the Labor Code which rgal with the provisions of that Code,eandgI will liability ply for Workers' Compensation or to undertake self-insurance in accordance such provisions before commencing the performance of the work of this contract.(Labor Code§1861) . with p Date 7 !>M4f J, r9!h f Name of Contractor By: Signature of Au Ize Agent CW. -nor Signatory's Title Ivo/c, Contractor's License No- 4 - 0-07 7 Date j } June 20,2407 DJM�Agree\Jurgens- ry w