HomeMy WebLinkAboutContracts & Agreements_36-2012_CCv0001.pdf AGREEMENT FOR MADEIRA WELL
DYNAMIC WELL TESTING
This agreement for the performance of dynamic well testing ("Agreement") is made and entered
into this 13 day of March, 2012 ("Effective Date--), by and between the City of Redlands, a municipal
corporation ("City"), and Tri County Pump Company ("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, Citv and Contractor agree as follows:
ARTICLE I - ENGAGEMENT OF CONTRACTOR
El City hereby retains Contractor to perform dynamic well testing on the City's Madeira well (the
"Services") located at the north cast corner of Madeira Avenue and Crafton Avenue in the City
of Redlands (the"Project Sites").
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 -RESPONSIBiLTrIES OF CONTRACTOR
2.1 The specific Services which Contractor shall perform are 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 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 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 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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ng regardipayroll records maintenance, certifications, retention and inspection.
regarding I
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 The Contractor shall guarantee the Services against defective materials or workmanship for a period
of(1) year from the date of completion date specified in the Notice of Completion, except where
longer warranty periods are specifically stated.
A11 work which has been reiected, shall be remedied, or removed and replaced, by the Contractor at
his own expense. with work conforming to Exhibit "A" Scope of Services. 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 the
Contractor at his own expense notwithstanding that it may have been overlooked in previous
inspections and estimates. Failure to inspect work at any stage shall not relieve the Contractor from
any obligation to perform sound and reliable work as herein described. It is the Contractor's
ultimate responsibility to deliver at the time of final acceptance a complete project that complies in
all details with these Agreement documents. All items shall be ready to operate.
Any omission or failure on the part of the City to discover or notify the Contractor of or to condemn
defective work or material at the time of construction shall not be deemed an acceptance., and the
Contractor will be required to correct defective work or material prior to final acceptance.
City will endeavor to locate any errors or defective materials or workmanship and call them to the
attention of the Contractor prior to subsequent work being performed. However, City is under no
obligation to do so and shall not be held liable because errors or defective material or workmanship
by the Contractor are not discovered prior to subsequent work.
During the (1) one year warranty period, should the 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 the City may make such repairs and replacement and the actual cost of the required labor
and materials shall be chargeable to and payable by the Contractor or his surety.
Nothing in this section shall be construed to limit the rights of the City to immediately correct
Nothing
conditions -which may be unsafe or which may pose a public health nuisance. Should said
conditions later be -found to be caused by defective material and"Or workmanship, the Contractor
and his surety shall reimburse the City for costs reasonably incurred while attending the situation.
In the event it is necessary for City to file suit to enforce any liability of the Contractor pursuant to
this section 2.13, the City shall be entitled to recover from the Contractor, in addition to all other
amounts found due and owing, costs of suit and reasonable expenses and fees, including reasonable
attorneys' fees, incurred by City in successfully enforcing the Contractor's obligations, all to be
taxed as costs and included in any judgment rendered.
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The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or
other obligations otherwise imposed by the Agreement or by law. The remedies provided herein
shall not be exclusive and the City shall be entitled to any and all remedies provided by law.
ARTICLE 3 - PERIOD OF SERVICE
3.1 Contractor shall commence the Services upon City's delivery to Contractor of a written "Notice
to Proceed."
3.2 Contractor shall complete the Services within twenty (20) calendar days from and after the date of
the City's issuance to Contractor of the Notice to Proceed.
ARTICLE 4- PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of Sixteen Thousand One Hundred Thirty Two Dollars and
Fifty Cents($16,132.50) as complete compensation for the Services.
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: Contractor:
Chris Diggs Andy Bradbury
Municipal Utilities and Engineering Department Tri County Pump Company
City of Redlands 241 South Arrowhead
P.O. Box 3005 San Bernardino, CA 92408
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 AND INDEMNIFICATION
5.1 Contractor's Insurance to be Primary. All insurance required by this Agreement shall be
maintained by Contractor throughout Contractor's performance of the Services, and shall be
primary with respect to City and non-contributing to any insurance or self-insurance maintained
by City.
5.2 Workers' Compensation and Employer's Liability. Contractor shall secure and maintain
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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 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 negligent or intentionally wrongful act or omission of Contractor, and its
officers, employees and agents, in performing the Services,
5.4 Assignment. 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 Comprehensive General Liability Insurance. 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 Business Auto Liabilitv Insurance. 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 Liquidated Damages. The failure of Contractor to complete the work 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 $500 for each consecutive calendar day in excess of the specified time for
completion of the Services. Execution of this Agreement shall constitute agreement by City and
Contractor that$500 per day is the estimated damage to City caused by the failure of Contractor to
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complete the Services within the allowed time. Such sum represents liquidated damages and shall
not be construed as a penalty, and may be deducted from payments due the Contractor if such delay
occurs.
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 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 o£ 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.
6.5 City may terminate this Agreement for any reason, at any time at its sole discretion, upon five(5)
calendar day's 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.
t:) , 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
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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 TRI COUNTY PUMP COMAPNY
U
By
Tina Kundig Andy Bradbury
Finance Director/Treasurer
ATTEST
Sam Irwin, City Clerk
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EXHIBIT "A"
Scope of Services
Dynamic Well Testing on the Madeira well:
Remove pump and motor assembly and transport to contractor's shop for inspection.
Video log well, and supply 2 copies of video in DVD format.
Supply and install submersible test pump assembly.
Test pump well and conduct spinner log test.
Remove test pump assembly.
Supply spinner log report.
Project includes delivery, loading, unloading, travel time, inspections, materials and equipment, and
documentation.
EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Project: Dynamic well testing on the City's Madeira well located at the north east corner of
Madeira Avenue and CruftonAvenue iuthe City o[Redlands
Every cmoy|oyc/ except the State, sku|| secure the poYnneoi of conupcoau1ioo in one or more of the
[b||up/ioap/uyn:
bJ By being insured against liability to pay c000pcomu1iou in one or more insurer duly
authorized 10write compensation insurance iothis State.
(h) By securing from the Director of Industrial Relations, a certificate of consent to self-
insure. either as an individual employer or as one czoployt, in a group of employers,
which may be given UpVu furnishing proof satisfactory to the Director of Industrial
Relations ofability to self-insure and to pay any compensation that may become due |o
his orher employees.
| am ovvuro of the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against liability for YYorkom` Compensation or to undertake self-insurance in accordance with
the provisions o[that Code, and | will comply with such provisions before commencing the performance
o[the work ofthis Agreement. (Labor Code 8\86l)
Tri County Pump Company Date:
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