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HomeMy WebLinkAboutContract 1594 e 5 SECTION 1300 AGREEMENT THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City," and SKANSKA USA CIVIL WEST CALIFORNIA DISTRICT, 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. B14-159E, PROJECT NO. 8890. VISTA CHINO — DATE PALM DRIVE INTERSECTION IMPROVEMENTS,in the City of Cathedral City,California pursuant to the Invitation to Bid,dated May 17,2014, and Contractor's Bid, dated June 3, 2014, 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 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 and Project Manager. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within the specified 5 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 and Project Manager at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration Eighty Six Thousand Dollars ($86,000.00). All payments shall be subject to approval by the City Engineer and Project Manager 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, its Board of Directors, 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 A 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 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 and Project Manager (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 expiration of the term of the agreement. Agreement 1300-2 a 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. 21. Contractor shall hold the City of Cathedral City, its officers, agents and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of principal,its officers,agents,employees or Sub-Contractors relating to or in any way connected with or arising from the accomplishment of the work,whether or not such acts or omissions were in furtherance of the work required by the Contract Documents and agrees to defend at his expense,including attorney fees,Owner,City of Cathedral City, its officers,agents,employees and Independent Architect in any legal action based on any alleged acts or omissions. 22. If at any time the Contractor is determined to be in material breach of the Contract,notice thereof in writing will be served upon the Contractor and its sureties,and should the Contractor neglect or refuse to provide means for a satisfactory compliance with the Contract, as directed by the City Engineer, and Project Manager, within the time specified in such notice,the City shall have the authority to terminate the operation of the Contract. Upon such termination, the Contractor shall discontinue the Work, or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City or its fully authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises and use the same for the purposes of completing the Work and hire such force and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the Work and for the completion thereof;or the City may employ other parties to carry the Contract to completion, employ the necessary workers, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City may annul and cancel the Contract and relet the Work or any part thereof. Any excess of cost arising therefrom over and above the Contract price will be charged against the Contractor and its sureties, who will be liable therefore. In the event of such termination,all monies due the Contractor or retained under the terms of this Contract shall be held by the City in an escrow account. However, such holdings shall not release the Contractor or its sureties from liability for failure to fulfill the Contract. Any excess cost over and above the Contract Amount incurred by the City arising from the termination of the operations of the Contract and the completion of the Work by the City as above provided shall be paid for by any available funds in the escrow account. The Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. THE REMAIDER 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 B L� C- --f --- Dated: Charles P.McClendon,City Manager ATTEST: Dated: 6- "If 1 Gary .Howell,City lerk APPROVED AS TO FORM: Dated: 6. - (C • I / City ttorney "CONTRACTOR" Dated: 6—14/ By: Name: Jeffrey Langevin, Vice President Title: Dated: By: Name: Title: "CONTRACTOR" (If corporation,affix seal) Agreement 1300-4