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HomeMy WebLinkAboutContracts & Agreements_134-2012_CCv0001.pdf AGREEMENT FOR MADEIRA WELL AND PULI ` N SERVICES This agreement for the�erfbnnance of a well and pump rehabilitabon services CAgreernent") is made and entered into this 2day of august. 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 -Par�y"and,together, as the"Parties,*- In consideration,of the mutual promises contained herein-City and Contractor agree as follows, A I -E�N _.RTICLE. GAG.EME'NT.'T0F CON TRACTOR Ll City hereby retains Contractor to perfon-n xvell and pump rehabilitation services on the City's M' Beira well (the "Semices") located at the north cast cortner of Madeira Avenue and Grafton Avenue in the City of Redlands, 1,2 Contractor and its subcontractors shall posseess all appropriate Sue contractors' licenses required for the performance of the Services, and shall not be debarred pursuant to Labor Code sections 1777-1 and 17773 ARTICLE 2-RESPOINSIBILITIES OF CONTRACTOR 11 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 writh all applicable federal, state and local laws and regulations in the perfonnance of the Services including, but not limited, to all applicable Labor Code and prevailing wage lays and non-discrination laws, and the Americans wuh 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 perform the Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. BGx 3o05).Redlands, Callfomia 92373. 2-3 Contractor ar-k-noViedges that if it violates the Labor Code provisions relating to prevailing wages that Cihy may enforce such provisions by withholding pay-ments to Contractor or its subcontractor-s-pursuant to Labor Code section 1771,6, 2A If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Cowractors hall comply with Labor Code sections- 1775 and 17773, and shall provide the subcontractor writh copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777,5, 1813 and 1815. Con-tractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour las and to pay prevailing wages may be enforced by City pursuant to or Code sections 1775 and 1813, 2,5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance,certifications, retention and inspection. 1-1:NlyT—)ocumcntx,,PR0J2ECMWaV3kM adcna,,R; Tzi C"4muty Pwnpk4a&iM%Tc11 Rehab agre ment From Dan-&-G ,6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810- 2,7 Contractor shall comply Mth the provisions of Labor Code section 1777.5 as to appy eniicx—eships, and Labor Code sections 1771, 1775, 1776, 11777.5, 1813 and 1815, 2,8 Contractor shall guarantee the Services against defective matenials or ws for a period of (1)year from the date of City's issuance of a Notice of Completion for the Services, except where longer warranty periods- are specifically provided by manufac-mer of equipment hsWled in connection with the provision of the Services, During the (1) one year warranty period, should Contractor fail to remedy defective rnaterial and/or Nvorkmairship, or to make replacements '%itffin five (5) 4,s after u-nitten notice by Clvvit is agreed that Citi, may a such repairs and replacement and the actual cost of the required labor and maten shall be chargeable to and pa able by Contractor or his surety, All -work which has been rejected by City, shall be remedied, or remved and replaced by the Contractor at its own expense. Any defective material or Nvorkmanship which mavy be discovered before,final acceptance of the Services or writhin(1)one year frorn the completion date specified in the Notice of Completion, shall be corrected immediately by Contractor at its o-.N,,n ex-pense notwithstanding tha such defeas may have bem overlooked in previous inspections and estimates. Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perfonn sound and reliable work- as herein descnbed. It is Contrar-tor's responsibility-to deliver a the time of final acceptance a completed pr that complies in all details with fts Agreement. City will endeavor to locate any errors or defective rn aterials or workmanship and call thern to the attention of Contrwtor prior to subsequent work being performed, However, CO is under no obligation to do so and shall not be held liable because errors or defective material or workmanship by Contractor are not discovered prior to subsequent work. Nothing in this section shaff be construed to 1i .t the rights of 0-4, to immediately Correct conditions x-duch may be unsafe or whipose a public hath tsance Should said conditions later be foLmd to be caused by defective matenial andior workmanship.Contractor and its suretv shall reimburse Cid for is reasonably incurred while attending the situation, 2-9 Contractor shall file a payment bond with City-, prior tooommencing the Services, in accordance with Civil Code Sec-fion 3247, The for of the payment bond shall be as set forth in Exhibit "B" attached hereto. ARTICLE'3-PERIOD OF SERVICE 3,1 Contractor shall commence the Semices upon City's delivery to Contractor of a written "Notice to Proceed-" 3,2 Conwactors hall complete the Seni-ces within twentv, (210)calendar days ftom and after the date of the ClWs issuance to Contractor of the Notice to Pr �- &' 11:Xli Cotmty Pump klakira,WeB Rehab a From r,)a-n,d&- 2 ARTICLE -PAYTMENT AND NOTICE ,1 City shall pay Contractor tifa swn of' hiMy Thoisand Two Hundred Thirty Four Dollars and Fifty is($30,234,53)as compl t compensation ford i . .2 Payments by City to Contractor shall be niade xvidiin thirty 3 days after City's receipt and approval of Cont e.t is invoice. by warrant payable to Contractor. 43 All notices shall be made in writing and shall be given by personal deliver or by mail. Notices sent by mail shall be addressed follows: Cit=: €ntr t r- .s Biggs -Andv Bradbury Nkfunicipal Utilities and Engineering Department Tri Cou = Pwnp Company City of Redlands 241 South ArroNvhead P.6- Box 3005 San Be ardin ,CA 92408 Redlands, CA 92373 When so addressed, such notices steal 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 madein the natnes and addresses ofth person to whomnotices s are to be given b giingti pure t t this section 43 ARTICLE s INSURANCE ANSI DE ,T1 ION 5.1 All insurance required by this Agreement shall be maintained by Contractor tl r ugh ut Contractor's performance of the Semi, d shall be prim4th respect to City and non- contributing to any insurance r self-insurance maintained by City. 5,2 Contractor sl secure and maintain Wor rs' Compensation and mplover-s Liability insurance for its employees throughout the performance f the Semices pursuant to Labor Cade sections 3700 and 1860, in mi amount which meets statutory reqtfireinents, -44th an insurance carrier acceptable to Citi. The insurance policy,shall include a provision prohibiting the lir`s modification f coveragge coverlintits or cancellation except upon thirty r•s prior written notice to City- Contractor shall execute and deliver t City a Worker's Compensation Insurance Certificauon in the form attached hereto as Exhibit"C"prior to commencement of the Services, 5.3 Contractor shall secure and maintain in force throughout ut its performance f the Senices comprehensive genteral liability insurance, Nkith carriers acceptable to City. gith coverage of One Million n Doll l$1,000,000 per occurrence and Two Millim- Dollars ($2,000-000) gatfor public iabi it . property age and personal injury. Cita shall b naxned as an additional insured and the insurance policy shall include a provision prohibiting modification of coverage limits or cmeellation of the policy except upon thirry 3 days prior ,,vfitten notice to Citi°, Aif cat f insurance and end'orse.ments shall be delivered to Cite PP.Mi fs' JEr J t �;`? {`g€ Pump Madeira Well Rehab agm=cnt Frm prior to commencement of the Services, Contractor shall secure and maintain in force throughout its performance of the Services business iness a for obile liability, coverage, with minirrium limits of One Million Doll ($1,000,000) per occurrence, combined single limit for bodily in ure liability and property damage liabilih, This coverage shall include all Contractor oNvned vehicles used for the Services, hired and non-oNvried vehicles. and employee r on- ership vehicles, :it-i shall be nam.ed as an additional insured and the insurance policy shall include a provision prohibiting modification tion of coverage firriits or cancellation of the policy, except upon thirty days prig written notice to City. A certificate of insurance and endorsement shall be delivered to City prior to Commencement of the Services- 5,5 C ervIces.5, ontr .tor shall indenmiAr, hold harmless d defend Cih, and its elected officials, employees d agenLs ftorn and against any and all clai-nis, losses and liability, including o °s' fees, arising from injury or death to persons or damage to property occasioned by any negligent or intentionally wrongfial act or omission of Contractor., and its officer=s, employees d agents. in performing the Services, 5,6 Contractor is expressly prohibited from assigning any of the work associatedwith the Services NNitho t the prig wnitten consent of Citi, In the event of agreement t 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 -%vith the insurance endorsements prig to any work being performed by- the ythe assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided for in this Agreement. ,1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the pre ailing Party shall, in addition to any cost and other relief be entitled to recover its reasonable atto eys' fees, Including fees for the use of in-house counsel by a Party. 6.2 All documents, records. drawings, electronic data file and data base, photographic prim and gives, designs and specifications, cost estimaies, 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, 63 Contractor is, for all purposes under this Agreement, an independent contractor with respect to the perforinance of the Services _d not an errrployee of ih,,, All personnel employed b Cont for to perforin the Services are for its account only; and in no event shall Con-tractor o ani personnel retained b it be deemed to have been employed by City or engaged by Cite 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, 64 Unless earlier ten-nitrated as provided for below, this Agpeement shall terminate upon completion d acceptance of the Project by City- 6,5 C ity.6, ttv mav terminate this Agreement for any reason.. at any time at its sole discretion,upon ripe Como,P- Nladeira Well Rehab agre=wt Frm 4 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 calculatilons, drawings, specifications, reports, estimates, sum-manes, and such other -information and matenals a--- inzy have been accumulated by Contractor in perfbrnung the Services- Contractor shall be compensated on a pro-rata basis for any work completed up until notice of termination, 63 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 agyeem-ents relating to the subjea matter hereof are superseded by this Agreement, Any amendment to this Agreement shall be in �witing and approved by City and Contractor- 6,8 This Agreement shall he governed by and construed in accordance with the laws of the State of California, H:MY COw"Pump, Well Rehab agr=nent Fyom Dui 5 IN WITNESS REOF- dWy authorized r r t t v f the e havei signed in on ti o this Agreement. CITY OF REDLAiNDSTSI IISNINTY PUMP TY Al : . Enrique £ n , City,,,Manag4 Andv Bradbury tT Sam In,Ciity H:v 3 a `+ ii i ' 'i?� C rtv Pump Nladz ra k 11 Retia ag et From .' - EXMBIT "A" Scope of Services tadei Well and Pmp Replacement Project- * Remove turbine pump equipment and provide inspection report * Sonar-Jet well * Video log ivell, provide 2 DVD copies * Crain and crew to install pump and motor * Pe.-lbnn Start up Shop labor to repair tube and shaft,sandblast discharge head, paint * Goulds 12C .0-7 stage oil lube bowl assembly SOCIGPM 'e&,41 'TDD * 2-1/2"x 1-1/2" line shaft bearings * 1-1/2"x carbon steel line shaft couplings * 8"x 10'suction pipe w/galvanized cone strainer * Rebuild stretch assembly * 422°of 1/4" stainless steel airline buckles and bands * Ttrbine oil * Nut,bolt, gasket k-it * Electrical connection kit * Miscellaneous shop supplies * Contractor will comply with the City of Redlands prevailing wage policies and certificate of insurance requirements. Total bid WIII include mob, de-tnob, freight, special delivery/freight, bonds and all sales tax. PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE EXHIBIT "B" Bond No. SSB 396762 Premium: $354.00 LABOR AND MATERIAL BOND Whereas, the City of Redlands, State of California, and Tri County Pump CoiTipany_(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated July IS, 2012 and identified as Madeira Well and Pump Rehabilitation Project is hereby referred to and made a part hereof, and Whereas, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Redlands to secure the claims to which reference is made in Title 15 (commencing with Section 30822) of'Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are field firmly bound unto the City of Redlands and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Thirty Thousand Two Hundred i`hirty-Four Dollars and Fifty Three Cents ($30,234.53) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the sarne, in an amount not exceeding the amount hereinabove set forth, and also in case Suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees. incurred by the City of Redlands in successfully enforcing such obligation, to be awarded and fixed bv the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to life claims tinder Title 15 (commencing with Section 3082) of part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond,and it does hereby waive notice of any Such change, extension of time, alteration or addition. In witness -whereof, this instrument has been drily executed by the Principal and surety above teamed. on Fuust 2f}12. ist (SEAL) (SEAL; -TY-i Counry Pump CE- any R,1s i ins,"IT-ance Company at or) (Surety) BY: (Sibature) Dwialit Reilly (SignatUre Atr-orney-4T -Far'— Address: 1,4155: N83rd Ave. , #T-r- P e o Ir-i-a,, A-Z 8,5181 (Sea(and Notarial Acknowledgment Of SUrety) 'I elephone 623 ACKNOWLEDGMENT State of California County of_ Orange ) Cin August 1. 21012 before me, Karen L. Ritto, Notary Public (insert name and title of the officer) personally appeared Dwight Rein who proved to me can the basis of satisfactory evidence to be the person(t whose name(-*)is/ate , subscribed to the within instrument and acknowledged to me that het hey executed the same in his/braWktak authorized capacity(` ), and that by hislhiffltheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and officia seal. y KAREN L.RITZ`{} r v Notary Pubs€c-Cafifornia ORANGE COUNTY U ycamm.Expres Dec 30,2015K Signature (Seal) Karen L. Ritto Bond No. SSB 396762 RLP.o.Box 3967 1 Peoria,IL 61612-3967 POWER OF ATTORNEY Phone:(800)645-2402 1 Fax:(309)689-2036 RLI Insurance Company surety wwwAicorp.coin Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the approving officer if desired. That RLI Insurance Company,a(n)Illinois corporation,does hereby make,constitute and appoint: Ralph Eidem.Jr..Daniel Hug_kahu�.A=-Q Ayala, Dwi-,ht Reilly,Allison Ritto jointly or severa4 in the City of Oranae , State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred,to sign, execute, acknowledge and deliver for and on its behalf as Surety,the following described bond. Any and all bonds,undertakings,and recognizances in an amount not to exceed Ten Million Dollars($10,000,000)for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company,and now in force to-wit: .............__------ "Ali bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary., any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize.The President, any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."--- -_------------------------ IN WITNESS WHEREOF,the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 28th day of 2011 RLI Insurance Company z Roy C.DieVice President State of Illinois ( j SS County of Peoria I CERTUTICATE On this 28th day of ApjjI before me,a Notary Public, 1, the undersigned officer of RLI Insurance Company, a stock personally appeared Roy C—Die— who being by me duty sworn, corporation of the State of Illinois,do hereby certify that the attached acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and efibet and is irrevocable-, and officer of the RLI Insurance Company and acknowledged said instrument furthermore, that the Resolution of the Company as set forth in the to be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seat of the RLI Insurance Company this_Is_t day of August 2012 RLI Insurance Company Cherie L.Montgomer% Notary Public AA"'AAA'1AA"" AAAr `OFFICIAL SEAL Roy C.Die Vice President LSTAXHERrE L MONTGOMERY IE 0 LLHXMNWON EXPRE 0 0466102020212 _A0059411 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof On u j 70 tZ,, before me, -MP"r► v► NtC ate Here Insert Name and Title of t o Office, personally appeared --s�.�Jba-e� Name(�of Signer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the POE" COVA11111118111114 JBVM FAMBY instrument the person(s), or the entity upon behalf of 0 tsam which the person(s) acted, executed the instrument. ft"V Poft-lewands faR Como, as cow Lwm p„r t wit I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and off i i Ise Signatur dace Nutary Seal Above Signature of Notary�jN" OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: L.L, Ls Document Date: Number of Pages: , SignerX Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Individual Individual Corporate Officer---Title(s): «Corporate Officer—Title(s): Partner—_ Limited General _ Partner— Limited .: General Attorney in Fact • _..�Attorney in Fact _._ Trustee Top of thumb here Trustee T2o of thumb here Guardian or Conservator Guardian or Conservator Other: Other: Signer is Representing: Signer Is Representing: i ®2007 National Notary Assaaa&M•33150 De Soto Ave_PO.Box 2402-Chatsworth,CA 51313-2492•www.NatiooalNotaryorg Item#5907 Reorder Call Til-Free 1-800-876-8$27 EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Project:Well and purnp rehabilitation project on the Citys Madeira well located at the north -last comer of Madeira Avenue and Craflop Avenue in the Citv of Redlands Every employer except the State, shall secure the payment of compensation 'in one or more of the rollowing ways.- (a.) By being insured against liability to pay compensation in one or more insurer duly authorized to Nvrite 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 ernplover or as one emplover in a group of employers, which may be given upon fu fishing 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 as 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 ivith the provisions of that Code, and I will comply with such provisions before commencing the perform ance of the work of this Agreement (Labor Code §186"1 . Tri County Pump Company Date-, Bv- Andy Bradbury Contractor's License No.