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AR 100306 Bakersfield Well & Pump executed agreement
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10/03/2006 6:00 pm
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CONSENT CALENDAR
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Emergency Conditions at Well Plant No. 23
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AR 100306 Bakersfield Well & Pump executed agreement
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Last modified
2/23/2014 8:06:01 PM
Creation date
2/19/2014 10:28:16 PM
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Agenda Item
Item Number
15
Subject (2)
- Approve the Contract Award to Bakersfield Well & Pump in the Not to Exceed Amount of Forty Thousand Dollars ($40,000) for the Emergency Repair Work on Well Plant No. 23; and (2) Dispense with Competitive Bidding Procedures for the Emergency Repair Work on Well Plant No. 23, as provided in Chapter 3.08 of the Colton Municipal Code.
Submitted On
9/28/2006
Submitted By
Sabdi Espinoza
Item Title
AR 100306 Bakersfield Well & Pump executed agreement
ATRequest
1082
Status (2)
2
Department
City Clerk
Meeting Date
10/3/2006
Meeting Time
6:00:00 PM
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3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all <br />Services under this Agreement in a skillful and competent manner, consistent with the <br />standards generally recognized as being employed by professionals in the same discipline in <br />the State of California. Contractor represents and maintains that it is skilled in the professional <br />calling necessary to perform the Services. Contractor warrants that all employees and <br />subContractors shall have sufficient skill and experience to perform the Services assigned to <br />them. Finally, Contractor represents that it, its employees and subContractors have all licenses, <br />permits, qualifications and approvals of whatever nature that are legally required to perform the <br />Services, including a City Business License, and that such licenses and approvals shall be <br />maintained throughout the term of this Agreement. As provided for in the indemnification <br />provisions of this Agreement, Contractor shall perform, at its own cost and expense and without <br />reimbursement from the City, any services necessary to correct errors or omissions, which are <br />caused by the Contractor's failure to comply with the standard of care provided for herein. Any <br />employee of the Contractor or its sub -Contractors who is determined by the City to be <br />uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a <br />threat to the safety of persons or property, or any employee who fails or refuses to perform the <br />Services in a manner acceptable to the City, shall be promptly removed from the Project by the <br />Contractor and shall not be re-employed to perform any of the Services or to work on the <br />Project. <br />3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in <br />compliance with all local, state and federal laws, rules and regulations in any manner affecting <br />the performance of the Project or the Services, including all Cal/OSHA requirements, and shall <br />give all notices required by law. Contractor shall be liable for all violations of such laws and <br />regulations in connection with Services. If the Contractor performs any work knowing it to be <br />contrary to such laws, rules and regulations and without giving written notice to the City, <br />Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, <br />indemnify and hold City, its officials, directors, officers, employees and agents free and <br />harmless, pursuant to the indemnification provisions of this Agreement, from any claim or <br />liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. <br />3.2.9 Insurance. <br />3.2.9.1 Time for Compliance. Contractor shall not commence Work under this <br />Agreement until it has provided evidence satisfactory to the City that it has secured all insurance <br />required under this section. In addition, Contractor shall not allow any subContractor to <br />commence work on any subcontract until it has provided evidence satisfactory to the City that <br />the subContractor has secured all insurance required under this section. <br />3.2.9.2 Minimum Requirements. Contractor shall, at its expense, procure and <br />maintain for the duration of the Agreement insurance against claims for injuries to persons or <br />damages to property which may arise from or in connection with the performance of the <br />Agreement by the Contractor, its agents, representatives, employees or subContractors. <br />Contractor shall also require all of its subContractors to procure and maintain the same <br />insurance for the duration of the Agreement. Such insurance shall meet at least the following <br />minimum levels of coverage: <br />RV11U13\NGS\529338 <br />
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