HomeMy WebLinkAboutContracts & Agreements_163-2006_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This Agreement is made and entered into this 18th day of July, 2006, 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 1 - 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 2 - 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 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.
2.2 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 1.771, 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 181.3.
2.4 Contractor and its subcontractors shall comply with the provisions of.Labor Code section 1776
regarding payroll records maintenance, certifications, retention and inspection.
2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor
Code section 1810.
DJN1' gree.Jurgens_July 18,2006
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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 Fifty-Thousand Dollars ($ 50,000).
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:
Doug Headrick
City of Redlands
Municipal Utilities Department
PO Box 3005
Redlands, CA 92373
Contractor:
Tom Jurgens
31731 Highview Dr.
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 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 Contractor's Insurgrice, 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.
DJM\AgrLe,,Jurgens--July 18,22006
5.2 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 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 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 ($1,000,000) per occurrence
and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and
DJM"Agree'jurgens -July 18,2006
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 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 manner 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:
0) the making or any governmental decisions regarding approval of a rate, rule or
regulation, or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of pen-nits, licenses, applications,
certifications, approvals, orders or similar authorizations or entitlements;
(ill) 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.
B. Does not serve in a staff capacity with City and in that capacity participate in making a
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
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Conflict of Interest Code under Government Code section 87302.
DJM'\Agre&,Jurgcns—July 18,2006
6.3 In the event City officially determines that Contractor must disclose its financial interests by
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
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.
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.
DMAgree'Argens—July 18,2006
IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of
this Agreement.
CITE' OF REDLANDS ATTEST:
By
Jon H son, Ma nr City erk _
By 4LBate 7-/5 -61,6
Tom J gei
DJM\Agree'Jurgens—July 1&2006
EXHIBIT "A"
Scope of Services
• Assist with the installation of the new Mill Creek Reservoir generator.
• Install the third boost pump, motor controls and pump control valve at Dearborn Reservoir.
• Install a new control valve at the California St. Well hydropnuernatic tank.
• Launch the reservoir cathodic protection system repairs and upgrades.
• Direct the removal of the nonessential wiring and controls at HAWC to enlarge the control room.
• Assist with the construction of the pipeline connection of the Hinckley backwash water to plant
influent pipeline.
• Assist with the completion of the Tate standby generator to the automatic transfer switch.
• Give technical and functional advice on the Texas St. GAC system.
• Give technical and functional advice as necessary to complete the installation of the Aquastream
system at Mentone Acres Well.
• Give technical advice on the maintenance of the plants and systems chlorine delivery systems.
• Assist with necessary pump and well motor efficiency test with SCE
• Provide necessary training to maintenance personnel involving the electrical system at the City
airport, piping, electrical, motor control and SCADA systems of the Production Facilities.
• Give technical and functional advice as necessary to Water and Engineering staff.
DJM\Agree\Jurgens—July 18,2006
Exhibit 111111
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).
Date
Name of Contractor
By:
Signature of Authorized Agent
Signatory's Title
Contractor's License No.
Date
MWAgrce'Jurgens-July 18.-1006