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HomeMy WebLinkAboutC26030A - Contreras ConstructionAGREEMENT CONTRACT No. c26030A THIS AGREEMENT is made and entered into this day of , 20_, by and between City of Palm Desert, California, hereafter called "Owner", and Contreras Construction hereinafter called "Contractor". WITNESSETH RECITALS: 1. Contractor has submitted to Owner its Contractor's Proposal for the construction of Owner Project, Contract No. City of Palm Desert, WESTFIELD BUS BAY PROJECT in strict accordance with the Plans and Contract Documents provided by City and Owner has accepted said Proposal. 2. Contractor states that it has re-examined its Contractor's Proposal and found it to be correct, has ascertained that its subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. 3. STATEMENT OF WORK: The contractor hereby agrees to furnish all tools, equipment, service, apparatus, facilities, transportation, labor and materials for the Westfield Bus Bay Project for street improvements, curb and gutter, sidewalk, grading, demolition, utilities, bus turnout, bus pad, and any and all work associated with the project except the design and build of the bus shelter(s) and actual installation of landscaping materials, and relocation of trees. Work will be undertaken in accordance with the Modified Plans, Project Documents, and other information provided. Contractor shall coordinate all work with all other subcontractors, utilities, vendors, and parties involved with the project except as otherwise discussed with the City. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Contractor's Proposal; (c) The Performance Bond; (d) The Plans, (e) Insurance; and (f) all other documents required by California law. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 and agreed to by both parties and will complete said work within forty-five (45) calendar days from the Notice to Proceed date to the satisfaction of Frankie Riddle. Director of Special Programs. Contract No. C26030A 3. That the Contractor agrees to indemnify, defend, and hold harmless the City and Westfield Shopping Town, its officers, agents and employees, and the Architect, from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the Owner or the Contractor, should be entitled to a reasonable sum for attomey's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the amount of $283,000 as submitted in the proposal in the manner set forth in the Contract as accepted by Owner, subject to such additions and deductions as may be made pursuant to prior approval by the City and applicable law. 7. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the Califomia Labor Code; constitutes Contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes CONTRACTOR's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's 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." 8. CONTRACTOR and OWNER do hereby acknowledge that this project is partially or fully funded with Redevelopment funds and is thereby subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations. Any sub -tier Contracts resulting from its contract must contain the same contractual language as the original contract. DAVIS-BACON REQUIRMENTS: This is a federal -assisted project and Davis -Bacon and Fair Labor Standards Act will be enforced. If the project is subject to the State of California "Prevailing Wage Rates" the higher of the two (State or Federal) wage rates for the given wage classification prevails. The applicable Wage Determination for said project is the one published at time of contract award. Prior to being authorized to participate on the project, all contractors shall be verified for eligibility thorough current State of California or other list of Debarred, Suspended, or any Ineligible Participants and the general services administration's consolidated list of debarred, suspended, and ineligible contractors. Contract No. C26030A HOLD HARMLESS CLAUSE Contractor shall hold the City of Palm Desert and Westfield Shopping Town, its officers, employees and agents free and harmless from all claims, actions, damages and liabilities of whatsoever kind, nature of sort arising from wrongful death, personal injury, property damage or other cause asserted or based upon any negligent act or omission of Contractor, its employees, agents, invitees, or any subcontractor relating to or in any way connected with the accomplishments of the work or performance of services under this Agreement, whether or not such acts or omissions were in furtherance of the work required by the contract documents. As part hereto of the foregoing indemnity, Contractor agrees to protect and to defend at its own expense, including attomey's fees, City of Palm Desert, its officers, Agents and employees from any and all legal action based upon any negligent acts or omissions of the Contractor. ADDITIONALLY INSURED CLAUSE The Certificate of Insurance supplied to the City of Palm Desert shall name the City and Westfield, its officers, employees, agents, and independent contractors as "additional insured" and shall specify that the City of Palm Desert be given thirty days (30) prior written notice of any modification, decrease or termination of the Contractor's insurance coverage. Such insurance shall be subject to approval by the City of Palm Desert. IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CITY OF PALM DESERT "CONTRACTOR" By: By: Manor Title Attest: Attest: City Clerk Approved as to content: Title David J. Erwin, City Attomey