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HomeMy WebLinkAboutDJD Group, Inc.-2010-30 AGREEMENT CONTRACT NO. GTC 12 708 PROJECT(BID#GTB) CI T B 10-04 Grand Terrare Senior Center Commerrial Kitchen This AGREEMENT,made and entered into this 9th day of November , 2010 by and between the CITY OF GRAND TERRACE hereinafter called"CITY",and MD Group.Inc ,hereinafter called "CON TRACTOR". 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 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; 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 $ 174,901 ,in accordance with the above-mentioned Bidding Schedule in the amount of$117,681.00(see attachment"A")and additive extra in the amount of$7,220.00 (see attachment"B"). 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 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 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 the schedule shown on Exhibit"A", considered part of this Agreement. ARTICLE VII The Contractor shall supply the City with a Certificate evidencing liability insurance policy or policies which shall provide the coverage set forth in the Special Provisions. 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 , attorneys 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 Director of Building and Safety 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 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. Al IEST: "CITY" CITY OF GRAND TERRACE A Municipal Corporation (6"1'/722,- .-lYd-ear, - By City Clerk Mayor Approved as to form: Date: 9 "CONTRACTOR" City Attorney ,t By / i PB5 (Title) Date: /a— — �o 79077 ti Contractor's License No.