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HomeMy WebLinkAboutContract 1646-3 AGREEMENT THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation,herein referred to as"City,"and Petrochem Materials Innovation(PMI),LLC,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 to supply and install Type II Rubberized Emulsion Aggregate Slurry(REAS) delivered from an approved Central Plant for the Pavement Management Program of Phase IV programmed streets, including traffic control and striping, thermoplastic stop bars, legends and crosswalks in accordance with Attachments A thru H,in the City of Cathedral City,California. 2. Contractor shall comply with all Federal, State, County, and 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 execution of this agreement and purchase order and agrees to have all work completed within the specified 25 working days. 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 proposal, attached hereto, in the amount of One Million Two Hundred Thirty-Two Thousand Two Hundred Forty-Four Dollars and 01/100 ($1,232,244.01). All payments shall be subject to approval by the City Engineer. 6. The Contractor shall not knowingly pay less than the higher of the Federal minimum wage rate or 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. 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). 8. 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 on Attachment B. 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 City and shall name the City and the County of Riverside as 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. 9. 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. 10. 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. 11. This Contract shall not be assignable by Contractor without the written consent of City. 12. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 13. 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. 14. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 15. 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. 16. The Contractor shall maintain and preserve all such records for a period of at least four years after termination of the contract. 17. 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 Nor including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors,travel,lodging,meals and overhead. 18. The further terms, conditions, and covenants of the Contract are set forth in Attachments A thru H,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 Californi: municipal corporation 4/Acip Dated: 1CL•12 •2(_)14- Ch.r es P.McClendon,City Manager ATTEST: ai..(A !, (U G{� t�Dated: 1,0'12 ZU L1– ,Gary F.H ell,City Clerk APPROVED AS TO F l : Dated: to – I L – 7-( 7 Eric S.Vail,City Attorney "CONTRACTOR" Dated: /3 d9e- 17 By: /Leif/ Name: ichael V. Burris Title: Chief Executive Officer(CEO) Dated: /0 – Name: Frank--B7-Heffirtan id-4m 14o102-1 s Title: Ch .= Officer(ERR) "CONTRACTOR"