HomeMy WebLinkAboutC27450 - Tree Rite Contract No. C27450
AGREEMENT
THIS AGREEMENT is made and entered into this 24th day of April
2008, by and between the City of Palm Desert, California, hereafter called "OWNER",
and Tree Rite, hereinafter called "Contractor."
WITNESSETH
RECITALS:
1. Contractor has submitted to OWNER its Contractor's Proposal for the
construction of OWNER'S Project, CITYWIDE TREE REMOVAL Program — Project No.
933-08, in strict accordance with the Contract Documents identified below 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.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Proposal; (e) The General Conditions; (f) The Special Provisions; (g) The
Standard Specifications as modified in other portions of the Contract Documents; (h)
Addenda Nos.-2-; (i) The Determination of Prevailing Wage Rates for Public Work; (j)
Any Change Orders issued; (k) Any additional or supplemental specifications, notices,
instructions and drawings issued in accordance with the provisions of the Contract
Documents. 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. I in accordance with the Contract Documents and will
complete said work as outlined in the Scheduling Section under Specific Terms and
Conditions of this contract.
Contract No. C27450
3. That the Contractor agrees to indemnify, defend, and hold harmless the
OWNER, its officers, agents and employees, and the Engineer, from any and all claims
and losses accruing or resulting to any and all contractors, subcontractors, material
men, 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. Attention is directed to the "Specific Terms and Conditions" section under
"Liquidated Damages" and is hereby amended to the substitute the City of Palm Desert
in place of the State of California. Liquidated damages shall be $500.00 dollars per
calendar day of delay.
5. 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 attorney's fees incurred in any such litigation relating to this Contract.
6. This Agreement shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns.
7. Contractor shall be paid in the manner set forth in the Contract Documents
the amount of its Proposal as accepted by OWNER, subject to such additions and
deductions as may be made pursuant to the Contact Documents and applicable law.
8. Execution of the Agreement by the parties constitutes their agreement to
abide by all applicable provisions of the California 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. "
Contract No. C27450
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.
CONTRACTOR:
By: Attest By:
Signature to be notarized
Title: Title:
OWNER:
By: Attest By:
Title: Mayor of Palm Desert, California Title: City Clerk of Palm Desert
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY