HomeMy WebLinkAboutContract 1583 h�u �, ��� e - tr3
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SECTION 1300
AGREEMENT
THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein
referred to as"City,"and ALMS UNDERGROUND CONSTRUCTION,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
DATE PALM DRIVE AND LOS GATOS DRIVE EMERGENCY DRAINAGE REPAIRS BID NO. B13-155E
CITY PROJECT NO. 1020, in the City of Cathedral City, California pursuant to Contractor's Proposal dated
January 27,2014,which document 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 frame for construction work shall be in accordance with that
specified in the Invitation to Bid.
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 issuance of a written Notice to Proceed and agrees to
have all work completed within the specified 90 working days completion time period.
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 TWENTY
SEVEN THOUSAND FIVE HUNDRED DOLLARS ($27,500.00). 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 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. 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,the County of
Riverside, its Board of Supervisors, 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.
Agreement 1300-1
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
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.
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 four years after
termination of the contract.
Agreement 1300-2
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.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Agreement 1300-3
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: 12V1AC 1 VV Z, 2.v14
Roderi k J.Wood,I' ri ity Ma :ger
ATTE T:
lw M1 _ Dated: 11 7'LlCt►� 12_, Z
. LAI4
ity Clerk
APPROVED AS TO FORM:
Dated:FC 7V A& ✓VI 12,2-b19
City Attorney
"CONTRACTOR" )�
Dated: -2_14 By: pei:pf
Name: b4-.1'a s k. /9/)-- g-
Title: pre de h�
Dated: By:
Name:
Title:
"CONTRACTOR"
(If corporation,affix seal)
Agreement 1300-4
v
•
ALMS UNDERGROUND CONST., INC. Proposal Proposal No. 5254
38703 Vista Drive•Cathedral City,CA 92234
Tel:(760)324-1911•Fax:(760)324-9541•Cell:(760)578-1510 Sheet No.
Email:almsunderground@gmail.com
Ca.Lit.482180 Date 7 fart. 201A(
Proposal Submitted To / Work To Be Performed At/ 1
Name '�7 of �r'f�.ere.� C47 % ScarV Qri/.kittreet. �Cehr. Pal$4 b r a� I-0 c 60.-f0s RA
Street / 17 City �—a'f��aro-[ C i'�� State C0
City
State
Tel: 7 O 0 3 Fax: Email: 4.AA.PC000)6 C R ncd2 G ,C
We hereby propose to furnish all the materials and perform all the labor necessary for the completion of t
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In the event of any action arising out of this agreement, the prevailing party will be entitlled to reasonable attorney's fees.
All material is guaranteed to be as specified,and the above work to be performed in accordance with the drawings and specifications
submitted for above work and completed in a substantial workmanlike manner for the sum of
Dollars($27 500 . ).
with payments to be d made as follows: ,}
110 ,f- 14670 ' Daic t . u.pe )b/. cc)r-ple+\GJ
Any alteration or deviation from above specifications involving extra costs,will be executed only upon written orders,and will become an
extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to
carry fire, tornado and other necessary insurance upon above work.Workmen's Compensation and Public Liability Insurance on above
work are in effect for Alms Underground Const.
"NOTICE TO OWNER”
(Section 7019—Contractors Ucense Law)
Under the Mechanics' Uen law, any contractor, subcontractor,
laborer. materialman or other person who helps to improve your
property and is not paid for his labor, services or material, has a Respectfully submitted AS7ject-,--/e •
right to enforce his claim against your property.
Under the law, you may such work or provet such an on by
filing, before commencing such work or improvement, an original Per
contract for the work of improvement or a modification thereof, in
the office of the county recorder of the county where the property
is situated and requiring that a contractor's payment bond be recorded
in such office. Said bond shall be in an amount not less than fifty State License No. 482180-C-42, C-21
percent (50%) of the contract price and shall, in addition to any
conditions for the performance of the contract, be conditioned for
the payment in full of the claims of all persons furnishing labor,serv• All bills not paid within 30 days of invoice date are
ices, equipment or materials for the work described in said contract. y
subject to 11/2%per month interest.
Note—This proposal may be withdrawn by us if not accepted within 3 0 days
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above.
Accepted Signature
Date Signature
Contractors are required by law to be licensed and regulated by the Contractor's State license
Board. Any questions concerning a contractor may be referred to the Registrar,Contractors State
License Board, [3132 Bradshaw Road,] Sacramento, California. [Mailing Address: P.O. Box
26000,Sacramento,California 95826.]