HomeMy WebLinkAboutContract 1548 ORiGINAL
SECTION 1300
AGREEMENT
THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein
referred to as"City,and Westcon Construction Group,Inc.,herein referred to as, "Contractor."
WITNESSETH:
In consideration of their mutual covenants,the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for Bid No.
B12-146E, Project No. CIP 8945 SUNLINE TRANSIT STOP RELOCATION, in the City of Cathedral City,
California pursuant to the Invitation to Bid, dated September 25,2012, the project Specifications, and Contractor's
Bid,dated October 9,2012,all of which documents shall be considered a part hereof as though fully set herein.
Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids,
Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be
controlling, in that order of precedence. The time frames for construction work shall be in accordance with those
specified in the Contractor's Bid.
2. Contractor will comply with all Federal, State, County, and City of Cathedral City Municipal
Code,which are,as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the City Engineer.
4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to
have all work completed within 15 working days from the date of Notification to Proceed.
5. In consideration of said work,City agrees to pay Contractor such sums as shall be approved by the
City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration of Thirty Seven
Thousand, Nine Hundred Eighty Five dollars ($37,985.00). All payments shall be subject to approval by the City
Engineer and shall be in accordance with the terms,conditions,and procedures provided in the Specifications.
6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages,
as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid,
to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a
penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such
workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor
Code of California).
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety
satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by
Contractor.
8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are
false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each
member thereof, and its officers, employees, commission members and representatives, from any and all liability,
loss, suits, claims, damages, costs,judgments and expenses (including attorney's fees and costs of litigation) which
in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning
of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without
limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in
connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to,
personal injury(including death at any time) and damage to property (including, but without limitation, contract or
tort or patent, copyright,trade secret or trademark infringement) sustained by any person or persons(including, but
not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general
public.
9. Except as otherwise required, Contractor shall concurrently with the execution of this contract,
furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications.
This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums
Agreement 1300-1
thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days
unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish
evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the
statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation
laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the
duration of this Contract shall constitute a material breach of this Contract.
10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic
employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work
herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted
to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in
any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of
California.
11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny
the right of any individual to seek, obtain and hold employment without discrimination because of race, religious
creed,color,national origin, ancestry,physical handicap,medical condition,marital status, sex or age as provided in
the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a
finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this
Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to
City$500.00 liquidated damages for each such breach committed under this contract.
12. Contractor also agrees that for contracts in excess of$30,000 and more than 20 calendar days
duration, that apprentices will be employed without discrimination in an approved program in a ratio established in
the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California).
Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months
in addition to other penalties provided by law.
13. This Contract shall not be assignable by Contractor without the written consent of City.
14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed
completed.
15. In accepting this Contract,Contractor certifies that no member or officer of the firm or corporation
is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State Contractor's License and
authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to and the right to audit
and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all
money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly
entitled under the Contract or for other purposes relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least three years after
termination of the contract.
19. The Contractor shall maintain all such records in the City of Cathedral City. If not,the Contractor
shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs
incurred in conducting the audit at a location other than at City offices including,but not limited to, such additional
(out of the City)expenses for personnel, salaries,private auditors,travel,lodging,meals and overhead.
20. The further terms, conditions, and covenants of the Contract are set forth in the Contract
Documents,each of which is by this reference made a part hereof.
Agreement 1300-2
IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates stated below.
"CITY"
CITY OF CATHEDRAL CITY,
a California municipal corporation
By: Aa 5 �d�-G/_. Dated: /�/�J f 1
D E. BRA LEY,CI MANAGER
DONAL T�Y 11 A .T:
I ' 1/ Dated: %-l! t-
PAT HAMMERS,City Clerk
APPROVED AS TO FORM:
C- ' Dated: 6°//c1/ a-
City Attorney
"CONTRACTOR"
Dated: By:
Name:
Title:
(If corporation,affix seal)
Agreement 1300-3
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on
October 11, 20123 awarded to Westcon Construction Group, Inc., hereinafter designated as the Principal, a
Contract Bid No.B12-146E,Project No.CIP 8945 SUNLINE TRANSIT STOP RELOCATION, and
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful
performance of said Contract:
NOW, THEREFORE, we, the Principal, and , as Surety, are
held and firmly bound unto the City in the just and full amount of( )lawful money of the United States, for
the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and
successors,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors,
administrators, successors,or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully
perform the covenants,conditions,and agreements in the said contract and any alterations made as therein provided,
on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects
according to their true intent and meaning,and shall indemnify and save harmless,the City, its officers and agents as
therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and
virtue.
It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond
remains in full force and effort.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications
accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the
specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Faithful Performance Bond 1310-1
IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their
seals this day of , 20 , the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone#of Surety
Contact Person For Surety
Faithful Performance Bond 1310-2
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on
October 11, 2012, awarded to Westcon Construction Group, Inc., hereinafter designated as the Principal, a
Contract for Bid No. B12-146E,Project No.CIP 8945 SUNLINE TRANSIT STOP RELOCATION,and
WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing
that if said Principal,or any of it or its subcontractors shall fail to pay for any materials,provisions,or other supplies
used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind,the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and , as Surety, are
held and firmly bound unto the City in the just and full amount of( ) , executors, administrators,
and successors,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors,
administrators, successors, or assigns, shall fail to pay for any materials,provisions, or other supplies used in, upon,
for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for
amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or
to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect
to such work or labor,then said surety will pay the same in or to an amount not exceeding the amount hereinabove
set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall
be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section
3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit
brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications
accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any
change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications.
Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Payment Bond 1320-1
IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their
seals this day of ,20 ,the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone#of Surety
Contact Person For Surety
Payment Bond 1320-2
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the
Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require 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."
Signature
Title
Date
Workers'Compensation Insurance 1330-1
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, City Council and each member thereof, and
every officer, employee and agent of City, from any claim, demand, damage, liability, loss,cost or expense
(including, without limitation, attorneys fees and costs) arising from any intentional, reckless, negligent, or
otherwise wrongful acts,errors or omissions of the Contractor, or any of the Contractor" employees, or any
of its subcontractors arising out of work under this Contract.
The City does not, and shall not, waive any rights that it may have against Contractor, any of the
Contractor's employees, or any of its subcontractors under this Section because of the acceptance by the
City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Contract.
The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of
whether or not said insurance policies are determined to be applicable to the claim, demand, damage,
liability, loss, cost or expense described herein. The City will not be liable for any accident, loss, or
damage to the work prior to its completion and acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
After award of Contract,the Contractor shall promptly obtain,at its own expense,all the insurance required
by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for
review and approval by the City upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not
commence work, until such insurance has been approved by the City. The Contractor shall not allow any
subcontractors to commence work on its subcontract until all similar insurance required of the
subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and
effect at all times during the prosecution of the Work and until the final completion and acceptance thereof
The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by
Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
2.2 Commercial General Liability Policy
The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability
Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000)
combined single limit for bodily injury and property damage for any one occurrence and a Two Million
Dollar($2,000,000)annual project aggregate,for all of the following:
a. Premises Operations, including Explosion,Collapse and Underground(X,C,and U)Coverage.
b. Completed Operations/Products,including X,C,and U Coverage.
c. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars($1,000).
Liability&Insurance Requirements 1340-1
2.3 Commercial Business Auto Policy
The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto
Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars($1,000,000)
combined single limit for bodily injury and property damage, providing at least all of the following
coverage:
a. Coverage shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in
pursuit of any of the activities associated with this Contract.
b. Any and all mobile equipment, including cranes, which is not covered under said Commercial
Business Auto Policy shall have said coverage provided for under the Commercial General
Liability Policy.
c. Deductible shall not exceed One Thousand Dollars($1,000).
2.4 Workers' Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and
Employers'Liability insurance providing coverage for any and all employees of Contractor:
a. The required policy shall provide coverage for Workers'Compensation(Coverage A).
b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability
(Coverage B).
2.5 Endorsements
All of the following endorsements are required to be made a part of the policies described in this Section
hereof:
a. "The City, City employees and officers,the City Engineer, its consultants,elected officials,agents,
and sub-consultants are hereby added as additional insured insofar as Work done under this
Contract is concerned."
b. "This policy shall be considered primary insurance as respects any other valid and collectible
insurance, including self-insured retention,the City may possess, and any other insurance the City
does possess shall be considered excess insurance only."
c. "This insurance shall act for each insured, and additional insured, as though a separate policy had
been written for each. This, however, will not act to increase the limit of liability of the insuring
company.
d. "Thirty(30) days prior written notice of cancellation shall be given to the City. Such notice shall
be sent to:
City Manager
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
2.6 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in terms and conditions
and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the
location identified in Paragraph 1340-2.6.d, Endorsements. The Contractor shall be obligated to pay any
extra premium for maintaining the insurance requirements specified herein.
Liability&Insurance Requirements 1340-2