HomeMy WebLinkAboutRoquet Paving, Inc.-2009-17 Y
AGREEMENT
WORK ORDER NO. 12.660
PROJECT (BID #GTB) GTB-09-03 Mt. Vernon Ave. Street Improvements
This AGREEMENT, made and entered into this 14th day of July , 2009
by and between the CITY OF GRAND TERRACE hereinafter called "CITY", and
Roauet Paving 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 under the Bidding Schedule of said City's Specifications, in
accordance with the Specifications and Drawings therefore,to furnish at his own expense all labor,
materials, equipment,tools, and services necessary therefore, 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 therefore,the
amount of$ 94,898.00 ,in accordance with the above-mentioned Bidding Schedule.
ARTICLE Ill
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
The Notice 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.
ARTICLE V
In entering into a Public Works Contract for a subcontract to supply goods, services or materials
pursuant to a Public Works 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
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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 Public Works 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, in accordance with Section 3.17 page 3-8.
ARTICLE VII
The Contractor shall supply the City with a Certificate 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 Engineer 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.
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 therefore, or in
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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
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(24/04 a �eaz--- Bye!%� ' t,AiL
City Clerk May
Approved as to form: Date: - /- -O
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"CONTRACTOR"
Roo stet PAurNG Duct
City Attorney ����////
By ,.cr
PRESIDENT
(Title)
Date: 7-29-op
50,814
Contractors License No.
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COMPLETION SCHEDULE
Contractor shall complete all work within 60 days from the date of Notice to Proceed.
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