HomeMy WebLinkAboutEZ Sunnyday Landscape-2009-16 AGREEMENT
WORK ORDER NO. 12 679
PROJECT(BID#GTB) _._ GTB-09-02 Orange Grove Parkway
This AGREEMENT,made and entered into this 28th day of April , 2009 by
and between the CITY OF GRAND TERRACE hereinafter called "CITY", and
EZ Sunnyday Landscape , hereinafter called"CONTRACTOR".
WITNESSETH,that the parties hereto do mutually agree as follows:
ARTICLE I
For and in consideration of the payments and agreements hereinafter mentioned to be made and performed
by said City,said Contractor agrees with said City to perform and complete in a workmanlike manner all
work required in accordance with the Specifications and Drawings therefor, to furnish at his own expense
all labor,materials,equipment,tools,and services necessary therefor,except such materials,equipment,and
services as may be stipulated in said Specifications to be furnished by said City, and to do everything
required by this Agreement and the said Specifications and Drawings.
ARTICLE II
For furnishing all said labor, materials, equipment,tools, and services,furnishing and removing all plant,
temporary structures,tools,and equipment, and doing everything required by this Agreement and the said
Specifications and Drawings;also for all loss and damage arising out of the nature of the work aforesaid,or
from the action of the elements,or from any unforeseen difficulties which may arise during the prosecution
of the work until its acceptance by said City,and for all risks of every description connected with the work;
also for all expenses resulting from the suspension or discontinuance of work; except as in the said
Specifications are expressly stipulated to be borne by said City;and for completing the work in accordance
with the requirements of said Specifications and drawings, said City will pay and said Contractor shall
receive, in full compensation therefor,the amount of$ 22,760.00
ARTICLE III
The City hereby employs said Contractor to perform the work according to the terms of this Agreement for
the above-mentioned amount,and agrees in the said Specifications;and the said parties for themselves,their
heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the
covenants herein contained.
ARTICLE IV
TheNotice Inviting Bids,Instructions to Bidders,Proposal,Information,Required of Bidder,Specifications,
Drawings,and all addenda issued by the City with respect to the foregoing prior to the opening of bids,are
hereby incorporated in an made part of this Agreement.
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ARTICLE V
In entering into a City Contract for a subcontract to supply goods,services or materials pursuant to a City
Contract,the Contractor or subcontractor offers and agrees to assign to the City all rights,title,and interest
in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C. Sec. 15)or under
the Cartwright Act(Chapter 2 commencing with Section 16700)of Part 2 of Division 7 of the Business and
Professions Code, arising from purchases of goods, services,or materials pursuant to the City Contract or
the subcontract. This assignment shall be made and become effective at the time the City tenders final
payment to the Contractor without further acknowledgment by the parties.
ARTICLE VI
The Contractor agrees to commence work pursuant to this Contract within ten calendar days from the
execution hereof,and to diligently prosecute the same to completion within the number of working days from
the date of commencement of work.
ARTICLE VII
The Contractor shall supply the City with aCertificate evidencing liability insurance policy or policies which
shall provide the coverage set forth under Division 6 of these Specifications.
ARTICLE VIII
Securities may be substituted by the Contractor for monies withheld as a retention by the City to insure the
performance of the work described herein. At the request and expense of the Contractor, securities
equivalent to the amount withheld shall be deposited with the City or with a State or Federally chartered bank
as the escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the
Contract.
Securities eligible for investment under this section shall include those listed in Section 16430 of the
Government Code or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial
owner of any securities substituted for money withheld and shall receive any interest thereon.
ARTICLE IX
Should the City bring any legal or equitable action for the purpose of protecting or enforcing its rights under
this Agreement,the City shall recover,in addition to all other relief, its reasonable attorney's fees and court
costs to be fixed by the Court.
ARTICLE X
The Contractor hereby agrees that he will not proceed with any Extra Work unless he has been authorized
in writing to do so by the Building Official prior to the commencement of said Extra Work.
ARTICLE XI
The parties do for themselves,their heirs,executors,administrators,successors,and assigns agree to the full
performance of all the provisions herein contained. The Contractor may not,either voluntarily or by action
of law,assign any obligation assumed by the Contractor hereunder without prior written consent of the City.
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ARTICLE XII
The Contractor shall indemnify and save harmless the City from all losses and all claims, demands,
payments, suits, actions, recoveries, and judgments of every nature and description brought or recovered
against them by reason of any act or omission of said Contractor and his agents or employees in the execution
of the work or in making or failing to make payments therefor, or in guarding the same.
IN WITNESS WHEREOF,the parties hereto have caused this Contract to be executed the day and year first
above written.
ATTEST: "CITY"
CITY OF GRAND TERRACE
A Municipal Corporation �,
By /u,///.zrL
City Clerk Mayor
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Approved as to form: Date: i77�
"CONTRACTOR"
Ja FZ Orin fer,i C �CC
City Attorney
By
(Title)
Date: .fin aQ—09
gt1g75-
Contractor's License No.
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