HomeMy WebLinkAboutContracts & Agreements_3-2004_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This Agreement is made and entered into this 6th day of January 2004, by and
between the City of Redlands, a municipal corporation ("City") and Brithinee Electric
("Contractor").
In consideration of the mutual promises contained herein, City and Contractoragree
as follows:
ARTICLE 1 -ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor for the Zone 1300& 1520 Non-potable Water Systems
Project, Well No. 30a Electrical Equipment Installation (the "Services").
1.2 Contractor and its subcontractors shall possess the appropriate State Contractors
License required for the work to be performed as set forth in this Agreement and
shall not be debarred pursuant to California Labor Code sections 1777.1 and 1777.7.
ARTICLE 2 -RESPONSIBILITIES OF CONTRACTOR
2.1 The specific services,which Contractorshall perform,are more particularly described
in Exhibit "A," entitled "Scope of Work" which is attached hereto and incorporated
herein by this reference.
2.2 Contractor shall comply with all applicable Federal, State and local rules, laws and
regulations in the performance of this Agreement including but not limited to all
applicable Labor Code and prevailing wage laws commencing at California Labor
Code section 1770 et.sec. and non-discrimination laws including the American's with
Disabilities Act. Pursuant to California 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 execute this agreement are on file at the City of Redlands office of the
Municipal Utilities Department,Civic Center,35 Cajon Street, Suite 15A (P.O. Box
3005 mailing), Redlands California 92373.
2.3 Contractor further understands that if it violates the California Labor Code as it
relates to prevailing wage, that City shall enforce the California Labor Code by
Notice of the withholding of contract payments to the Contractor or Subcontractor
pursuant to Labor Code section 1771.6.
2.4 Contractor agrees that if it executes an agreement with a subcontractor to work on
this Project, that the Contractor shall comply with California Labor Code section
1775 and 1777.7 includingproviding the subcontractor with copies of the provisions
of Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code. Contractor
acknowledges that the statutory provisions for penalties for failure to comply with
state wage and hour laws and to pay prevailing wages will be enforced by the City
pursuant to labor Code sections 1775 and 1813.
2.5 Contractor and any of its Subcontractors shall comply with the provisions of
California Labor Code section 1776 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 Section 1771,1775, 1776,1777.5 1813 and 1815 of the California
Labor Code.
ARTICLE 3-PERIOD OF SERVICE
3.1 Contractor shall perform the Services in a prompt and diligent manner.
ARTICLE 4-PAYMENT AND NOTICE
4.1 For the performance of the Services,City will pay Contractor the sum of $20,555.47.
4.2 Payments by City to Contractor shall be made within 30 days after receipt and
approval of Contractor-s hereinabove invoice,by warrant payable to Contractor.
4.3 All notices,bilis and payments shall be made in writing and may be given by personal
delivery or by mail. Notices, bills and payments sent by mail should be addressed as
follows:
City: Lonny L. Young
City of Redlands
Municipal Utilities Department
PO Box 3005
Redlands, CA 92373
Contractor: Kevin MacDonald
Brithinee Electric
630 South Rancho Avenue
Colton, CA 92324
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, bills and payments are to be given by giving notice pursuant to this paragraph.
ARTICLE 5 -INSURANCE AND INDEMNIFICATION
5.1 Contractors Insurance to be Primary
All insurance required by this Agreement is to be maintained by Contractor for the
duration of this Projectand shall be primary with respect to City and non-
contributing to any insurance or self-insurance maintained by City. Contractorshall
provide City with Certificates of Insurance and endorsements evidencing such
insurance prior to commencement of work.
5.2 Workers' Compensation and Employer's Liability
A. Contractorshall secure and maintain Workers'Compensation and Employer's
Liability insurance for its employees throughout the duration of this
Agreement pursuant to California Labor Code sections 3700 and 1860 and in
an amount which meets the statutory requirement with an insurance carrier
acceptable to City as set forth in attached Exhibit `B". Such insurance shall
be primary and non-contributing to any insurance or self-insurance
maintained by City. The insurance policy shall include a provision
prohibiting cancellation of said policy except upon thirty (30) days prior
written notice to City. Certificates of Insurance shall be delivered to City
prior to commencement of work.
B. Contractor expressly waives all rights to subrogation against City, its elected
officials, officers and employees for losses arising from work performed by
Contractor for City by expressly waiving Contractor's immunity for injuries
to Contractor's employees and 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 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,
agents and employees.
C. Contractor shall sign the Worker-s Compensation Insurance Certification
attached as Exhibit "B" to this Agreement.
5.3 Hold Harmless and Indemnification Contractor shall indemnify, hold harmless and
defend City and its elected officials,agents, and employees from and against any and
all claims, losses or liability, including attorney's fees, arising from injury or death
to persons or damage to property occasioned by any act, omission or failure of
Contractor, its officer, agents and employees in performing the Services required by
this Agreement.
5.4 Assignment. Contractor is expressly prohibited from subletting or assigning any of
the Services described in this Agreement without the express written consent of City.
In the event of mutual agreement between parties to sublet a portion of the Services,
Contractor shall add the subcontractor as an additional insured and provide City with
the insurance endorsements prior to any work being performed by the subcontractor.
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 Agreement comprehensive general liability
insurance with carriers acceptable to City. 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 is required. City shall be named as an
additional insured and the insurance policy shall include a provision prohibiting
cancellation of said policy 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.
5.6 Business Auto Liability Insurance. Contractor shall have business auto liability
coverage,with minimum limits of one million ($1,000,000)per occurrence,combined
single limit for bodily injury liability and property damage liability. This coverage
shall include all consultant owned vehicles used on the project,hired and non-owned
vehicles, and employee non-ownership vehicles. City shall be named as an
additional insured and a certificate of insurance shall be delivered to City prior to
commencement of work.
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.
6.2 Contractor shall not sublet or assign any of the Services to be performed under this
Agreement, except with the prior written approval of City and in strict compliance
with the terms, provisions, and conditions of this Agreement.
6.3 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 pursuant to this Agreement and any copyright
interest in above described documents shall become the property of City and shall be
delivered to City upon completion of Services.
6.4 Contractor and City agree that Contractor is, for all purposes under this Agreement,
an independent contractor with respect to the Services provided pursuant to this
Agreement and not an employee of City. All qualified personnel provided by
Contractor pursuant to the provisions of this Agreement are to be employed by
Contractor 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.
6.5 Unless earlier terminated as stipulated below,this Agreement shall terminate upon
completion and acceptance by City of the Services.
6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all
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 required by this Agreement. Contractor shall be
compensated on a pro-rata basis for any work completed up until notice of
termination.
6.7 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 or oral agreements
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.
6.8 This Agreement shall be governed by and construed in accordancewith the laws of the
State of California.
IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS ATTEST:
By ✓/ .y..r 4,4
yor f Cit Clerk /
Date January 6, 2004
BRITHINEE ELECTRIC
By 9Date:
Don Brithinee, President
Exhibit "A"
Scope of Work
1. Install concrete housekeeping pad at well site for proposed starter equipment.
2. Install new 150 HP Solid State Soft Starter. (Supplied by others)
3. Install new conduits to existing motor terminal block from new starter control panel.
4. Install SCADA section mounted on side of new control panel.
5. Install Conductors and Pull Boxes from electric room to Well Site use existing conduits.
6. Provide all labor required for complete installation of electrical equipment
7. Relocate conduit entrance to Booster Station
8. Modify existing Motor Control Center to accommodate a New Square D 250 amp
Feeder Breaker
9, Disconnect and remove existing starter and conductors
10. Provide one day of start-up and training on electrical equipment.
11. Auto CAD2000 control drawings and panel layouts.
EXHIBIT"B"
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).
12,-f X07
Date
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Name of Contractor
By: &"Sj
Signature of Authorized Agent
Signatory's Title
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Contractor's License No.
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Date