HomeMy WebLinkAboutContract 1495 • 6,-Nce
ORI&INAL
Ckdrt Ct
The Spirit of the Desert
AGREEMENT
THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein
referred to as "City", and BHElectric. Inc., herein referred to as, "Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnace all necessary labor, material, equipment, transportation and services
for BID NO. 05 -EECBG CATHEDRAL CITY PARKING STRUCTURE UGHTING PROJECT LOCATED AT
68-595 AVENIDA LALO GUERRERO WITHIN THE CITY OF CATHEDRAL CITY project Specifications,
and Contractor's Bid, dated Mav 11, 2011, all of which documents shall be considered a part
hereof as though fully set herein.
2. 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 work shall
be in accordance with those specified in the Contractor's Bid.
3. 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.
4. All work shall be done in a manner satisfactory to the Public Works Manager.
5. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to
have all work completed within 60 working days receipt of fixtures from the date of Notification
to Proceed.
6. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by
the Public Works Manager at lump sums and /or unit prices stated in the Contractor's Bid, the
base consideration of: One hundred seventy one thousand, eighty six dollars and fifty cents
($171.086.50). to lower associated energy. waste. maintenance and disposal costs by replacing
existing metal halide fixtures with LED fixtures or 3—Lamp T8HO fluorescent vapor tight twin
ballast fixtures at the City of Cathedral City Parking Structure. All payments shall be subject to
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approval by the Public Works Manager and shall be in accordance with the terms, conditions,
and procedures provided in the specifications.
7. 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)
8. 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.
9. Contractor agrees to indemnify, hold harmless, release and defend (even if 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 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).
10. 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 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 Clty 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 the Contract shall constitute a material
breach of this Contract.
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11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic
employed in the execution of this Contract by the 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.
12. 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 damaged for each such breach committed under this
contract.
13. 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.
14. This Contract shall not be assignable by Contractor without the written consent of City.
15. Contractor shall notify the Public Works Manager (in writing) forthwith when the Contract is
deemed completed.
16. 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.
17. Contractor certifies that it is the holder of any necessary California State Contractor's License
and authorized to undertake the above work.
18. 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.
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19. The Contractor shall maintain and preserve all such records for a period of at least three years
after termination of the contract.
20. 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 City) expenses for personnel,
salaries, private auditors, travel, lodging, meals and overhead.
21. 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.
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: Dated: 2 J/,I
Y d
Tami Scott, • . ministrative Services Director
"CONTRACTOR"
Dated: °54 f' . 20!/ By:
Name: f (k4
Title: ?NG /*+*"
(If corporation, affix seal)
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