2013/06/18 Hillcrest Contracting, Inc. CIP13-015 McCall Blvd Sidewalk Improvements CONTRACT SERVICES AGREEMENT
FOR
McCall Boulevard Sidewalk Improvements
Project No. CIP 13-015
THIS AGREEMENT FOR CONTRACT SERVICES (herein" Agreement") is made
and entered into this 18th day of June, 2013 by and between the City of Menifee, a
general law municipal corporation ("City") and Hillcrest Contracting Inc., ("Consultant" or
"Contractor"). City and Contractor are sometimes hereinafter individually referred to as
"Party" and hereinafter collectively referred to as the "Parties").
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for
Bids, the performance of the services defined and described particularly in Section 1 of
this Agreement.
B. Contractor, following submission of a proposal or bid for the performance
of the services defined and described particularly in Section 1 of this Agreement, was
selected by the City to perform those services.
C. Pursuant to the City of Menifee's Municipal Code, City has authority to
enter into this Contract Services Agreement and the City Manager has authority to
execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance
of those services defined and described particularly in Section 1 of this Agreement and
desire that the terms of that performance be as particularly defined and described
herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants
made by the Parties and contained herein and other consideration, the value and
adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor
shall provide those services specified in the Contract Documents and Specifications,
attached hereto in "Exhibit B," for the McCall Boulevard Sidewalk Improvements Project
No. CIP 13-015 ("Specifications") and incorporated herein by this reference, which
services may be referred to herein as the "services" or "work" hereunder. As a material
inducement to the City entering into this Agreement, Contractor represents and
warrants that it has the qualifications, experience, and facilities necessary to properly
perform the services required under this Agreement in a thorough, competent, and
CONTRACT SERVICE AGREEMENT 20
professional manner, and is experienced in performing the work and services
contemplated herein. Contractor shall at all times faithfully, competently and to the best
of its ability, experience and talent, perform all services described herein. Contractor
covenants that it shall follow the highest professional standards in performing the work
and services required hereunder and that all materials will be of good quality, fit for the
purpose intended. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one or more first-class
firms performing similar work under similar circumstances.
1.2 Contractor's Proposal.
The Scope of Service shall include the Contractor's scope of work or bid which
shall be incorporated herein by this reference as though fully set forth herein. In the
event of any inconsistency between the terms of such proposal and this Agreement, the
terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services
hereunder in accordance with all ordinances, resolutions, statutes, rules, and
regulations of the City and any Federal, State or local governmental entity having
jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits. Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by
this Agreement. Contractor shall have the sole obligation to pay for any fees,
assessments and taxes, plus applicable penalties and interest, which may be imposed
by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City, its
officers, employees or agents of City, against any such fees, assessments, taxes
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with work.
By executing this Agreement, Contractor warrants that Contractor (i) has
thoroughly investigated and considered the scope of services to be performed, (ii) has
carefully considered how the services should be performed, and (iii) fully understands
the facilities, difficulties and restrictions attending performance of the services under this
Agreement. If the services involve work upon any site, Contractor warrants that
Contractor has or will investigate the site and is or will be fully acquainted with the
conditions there existing, prior to commencement of services hereunder. Should the
Contractor discover any latent or unknown conditions, which will materially affect the
performance of the services hereunder, Contractor shall immediately inform the City of
such fact and shall not proceed except at City's risk until written instructions are
received from the Contract Officer.
CONTRACT SERVICE AGREEMENT 21
1.6 Care of work.
The Contractor shall adopt reasonable methods during the life of the Agreement
to furnish continuous protection to the work, and the equipment, materials, papers,
documents, plans, studies and/or other components thereof to prevent losses or
damages, and shall be responsible for all such damages, to persons or property, until
acceptance of the work by City, except such losses or damages as may be caused by
City's own negligence.
1.7 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this
Section shall be deemed to include unauthorized work which has not been removed and
any non-conforming materials incorporated into the work) to be of good quality and free
from any defective or faulty material and workmanship. Contractor agrees that for a
period of one year (or the period of time specified elsewhere in the Agreement or in any
guarantee or warranty provided by any manufacturer or supplier of equipment or
materials incorporated into the work, whichever is later) after the date of final
acceptance, Contractor shall within ten (10) days after being notified in writing by the
City of any defect in the work or non-conformance of the work to the Agreement,
commence and prosecute with due diligence all work necessary to fulfill the terms of the
warranty at his sole cost and expense. Contractor shall act sooner as requested by the
City in response to an emergency. In addition, Contractor shall, at its sole cost and
expense, repair and replace any portions of the work (or work of other contractors)
damaged by its defective work or which becomes damaged in the course of repairing or
replacing defective work. For any work so corrected, Contractor's obligation hereunder
to correct defective work shall be reinstated for an additional one year period,
commencing with the date of acceptance of such corrected work. Contractor shall
perform such tests as the City may require to verify that any corrective actions,
including, without limitation, redesign, repairs, and replacements comply with the
requirements of the Agreement. All costs associated with such corrective actions and
testing, including the removal, replacement, and reinstitution of equipment and materials
necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers and manufacturers with respect
to any portion of the work, whether express or implied, are deemed to be obtained by
Contractor for the benefit of the City, regardless of whether or not such warranties and
guarantees have been transferred or assigned
g s gned to the City by separate agreement and
Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of
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the City. In the event that Contractor fails to perform its obligations under this Section,
or under any other warranty or guaranty under this Agreement, to the reasonable
satisfaction of the City, the City shall have the right to correct and replace any defective
or non-conforming work and any work damaged by such work or the replacement or
correction thereof at Contractor's sole expense. Contractor shall be obligated to fully
reimburse the City for any expenses incurred hereunder upon demand. This provision
may be waived in Exhibit "A" if the services hereunder do not include construction of
any improvements or the supplying of equipment or materials.
CONTRACT SERVICE AGREEMENT 22
1.8 Prevailing Wages.
Contractor is aware of the requirements of California Labor Code Section 1720,
et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "Public works" and "Maintenance"
projects. If the Services are being performed as part of an applicable "Public works" or
"Maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing
Wage Laws including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. A copy of the general prevailing
wage rate determination is on file in the Office of the City Clerk and is hereby
incorporated in this Agreement. Contractor shall make copies of the prevailing rates of
per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the
Contractor's principal place of business and at the project site. The statutory penalties
for failure to pay prevailing wage or to comply with State wage and hour laws will be
enforced. In accordance with the provisions of Labor Code Section 1810 et seq., eight
(8) hours is the legal working day. Contractor must forfeit to the City Twenty Five
Dollars ($25.00) a day for each worker who works in excess of the minimum working
hours when Contractor does not pay overtime. Contractor shall defend, indemnify and
hold the City, its elected officials, officers; employees and agents free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their
respective obligations under this Agreement. Both parties agree to act in good faith to
execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless hereafter
specified, neither party shall be responsible for the service of the other.
1.10 Additional Services.
City shall have the right at any time during the performance of the services,
without invalidating this Agreement, to order extra work beyond that specified in the
Scope of Services or make changes by altering, adding to or deducting from said work.
No such extra work may be undertaken unless a written change order is first given by
the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the
Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments
are subject to the written approval of the Contractor. Any increase in compensation of
up to five percent (5%) of the Contract Sum or $25,000, whichever is less; or in the time
to perform of up to one hundred eighty (180) days may be approved by the Contract
Officer. Any greater increases, taken either separately or cumulatively must be
approved by the City. It is expressly understood by Contractor that the provisions of this
Section shall not apply to services specifically set forth in the Scope of Services or
reasonably contemplated therein. Contractor hereby acknowledges that it accepts the
risk that the services to be provided pursuant to the Scope of Services may be more
CONTRACT SERVICE AGREEMENT 23
costly or time consuming than Contractor anticipates and that Contractor shall not be
entitled to additional compensation therefore.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part
hereof are set forth in the "Special Requirements" attached hereto as Exhibit "A" and
incorporated herein by this reference. In the event of a conflict between the provisions
of Exhibit "A" and any other provisions of this Agreement, the provisions of Exhibit "A"
shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay the
Contractor the amounts specified in the Specifications and incorporated herein by this
reference. The total compensation, including reimbursement for actual expenses, shall
not exceed 39140S.OD (the "Contract Sum"), unless additional
compensation is approved pursuant to Section 1.10. The contract sum shall be
determined per Exhibit 'C' attached hereto.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon
completion, (ii) payment in accordance with specified tasks or the percentage of
completion of the services, (iii) payment for time and materials based upon the
Contractor's rates as specified in the Schedule of Compensation, provided that time
estimates are provided for the performance of sub tasks, but not exceeding the Contract
Sum or(iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, telephone expenses, and travel expenses
approved by the Contract Officer in advance, or actual subcontractor expenses if an
approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of
Compensation. The Contract Sum shall include the attendance of Contractor at all
project meetings reasonably deemed necessary by the City. Coordination of the
performance of the work with City is a critical component of the services. If Contractor
is required to attend additional meetings to facilitate such coordination, Contractor shall
not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month in a form approved by
City's Director of Finance. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub-category), travel, materials,
CONTRACT SERVICE AGREEMENT 24
equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also
be detailed by such categories.
City shall independently review each invoice submitted by the Contractor to
determine whether the work performed and expenses incurred are in compliance with
the provisions of this Agreement. Except as to any charges for work performed or
expenses incurred by Contractor which are disputed by City, or as provided in Section
7.3. City will use its best efforts to cause Contractor to be paid within forty-five (45)
days of receipt of Contractor's correct and undisputed invoice. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to
Contractor for correction and resubmission.
2.5 Annual Appropriation of Funding.
In accord with Article 16 Section 18 of the California Constitution, payment of
compensation under this Agreement is contingent upon annual appropriation of funds
by the City for that purpose. Contractor acknowledges and agrees that to the extent
that the services provided under this Agreement extend beyond one fiscal year,
payment for such Services is expressly conditioned on the City's annual appropriation of
funds for such Services for each year. If no funds are appropriated then this Agreement
shall be terminated. City pledges and agrees to process such appropriation requests
annually and in good faith. Nothing in this Section shall be construed to limit the right of
either party to terminate this Agreement as provided herein.
2.6 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not
be deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt
of a written notice to proceed and shall perform all services within the time period(s)
established in the "Time Limits of Work" in the Specifications, and incorporated herein
by this reference. When requested by the Contractor, extensions to the time period(s)
specified in the Schedule of Performance may be approved in writing by the Contract
Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Maieure.
The time period(s) specified in the Schedule of Performance for performance of
the services rendered pursuant to this Agreement shall be extended
p because of any
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delays due to unforeseeable causes beyond the control and without the fault or
negligence of the Contractor, including, but not restricted to, acts of God or of the public
CONTRACT SERVICE AGREEMENT 25
enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine
restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any
governmental agency, including the City, if the Contractor shall within ten (10) days of
the commencement of such delay notify the Contract Officer in writing of the causes of
the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract
Officer's determination shall be final and conclusive upon the parties to this Agreement.
In no event shall Contractor be entitled to recover damages against the City for any
delay in the performance of this Agreement, however caused, Contractor's sole remedy
being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor's work under this
Agreement, either during performance or when completed. City shall reject or finally
accept Contractor's work within forth five (45) days after submitted to City. City shall
accept work by a timely written acceptance, otherwise work shall be deemed to have
been rejected. City's acceptance shall be conclusive as to such work except with
respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any work by City shall not constitute a waiver of any of the provisions of
this Agreement including, but not limited to, Article 5, pertaining to indemnification and
insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until final approval and acceptance of
the project by the Contract Officer.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (Principals) are hereby designated as
being the principals and representatives of Contractor authorized to act in its behalf with
respect to the work sp cified her in and ma all d isions in connection therewith:
me) ( itle
(Name) (Title)
Name Title
It is expressly understood that the experience, knowledge, capability and
reputation of the foregoing principals were a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing principals shall be responsible during the term
CONTRACT SERVICE AGREEMENT 26
of this Agreement for directing all activities of Contractor and devoting sufficient time to
personally supervise the services hereunder. All personnel of Contractor, and any
authorized agents, shall at all times be under the exclusive direction and control of the
Principals. For purposes of this Agreement, the foregoing Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without
the express written approval of City. Additionally, Contractor shall make every
reasonable effort to maintain the stability and continuity of Contractor's staff and
subcontractors, if any, assigned to perform the services required under this Agreement.
Contractor shall notify City of any changes in Contractor's staff and subcontractors, if
any, assigned to perform the services required under this Agreement, prior to and
during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind the City in any manner, or to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is
otherwise expressly conferred in writing by City. Contractor shall not at any time or in
any manner represent that Contractor or any of Contractor's officers, employees, or
agents are in any manner officials, officers, employees or agents of City. Neither
Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights
to retirement, health care or any other benefits which may otherwise accrue to City's
employees. Contractor expressly waives any claim Contractor may have to any such
rights.
4.3 Contract Officer.
The Contract Officer shall be such person as may be designated by the City
Manager of City. It shall be the Contractor's responsibility to assure that the Contract
Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer. The Contract Officer shall have authority, if
specified in writing by the City Manager, to sign all documents on behalf of the City
required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner,
mode or means by which Contractor, its agents or employees, perform the services
required herein, except as otherwise set forth herein. City shall have no voice in the
selection, discharge, supervision or control of Contractor's employees, servants,
representatives or agents, or in fixing their number, compensation or hours of service.
Contractor shall perform all services required herein as an independent contractor of
City and shall remain at all times as to City a wholly independent contractor with only
such obligations as are consistent with that role. Contractor shall not at any time or in
any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a
CONTRACT SERVICE AGREEMENT 27
partner of Contractor in its business or otherwise or a joint venturer or a member of any
joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for the City to enter into this Agreement.
Therefore, Contractor shall not contract with any other entity to perform in whole or in
part the services required hereunder without the express written approval of the City. In
addition, neither this Agreement nor any interest herein may be transferred, assigned,
conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for
the benefit of creditors or otherwise, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting
in concert of more than twenty five percent (25%) of the present ownership and/or
control of Contractor, taking all transfers into account on a cumulative basis. In the
event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Contractor or any
surety of Contractor of any liability hereunder without the express consent of City.
4.6 Utility Relocation.
City is responsible for removal, relocation, or protection of existing main or
trunkline utilities to the extent such utilities were not identified in the invitation for bids or
specifications. City shall reimburse Contractor for any costs incurred in locating,
repairing damage not caused by Contractor and removing or relocating such
unidentified utility facilities. Contractor shall not be assessed liquidated damages for
delay arising from the removal or relocation of such unidentified utility facilities.
4.7 Trenches or Excavations.
Pursuant to California Public Contract Code Section 7104, in the event the work
included in this Agreement requires excavations more than four (4) feet in depth, the
following shall apply.
(a) Contractor shall promptly, and before the following conditions are
disturbed, notify City, in writing, of any: (1) material that Contractor believes may be
material that is hazardous waste, as defined in Section 25117 of the Health and Safety
Code, that is required to be removed to a Class I, Class ll, or Class III disposal site in
accordance with provisions of existing law; (2) subsurface or latent physical conditions
at the site different from those indicated; or (3) unknown physical conditions at the site
of any unusual nature, different materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the
conditions do materially so differ, or do involve hazardous waste, and cause a decrease
or increase in Contractor's cost of, or the time required for, performance of any part of
the work shall issue a change order per Section 1.10 of this Agreement.
CONTRACT SERVICE AGREEMENT 28
(c) That, in the event that a dispute arises between City and Contractor
whether the conditions materially differ, or involve hazardous waste, or cause a
decrease or increase in Contractor's cost of, or time required for, performance of any
part of the work, Contractor shall not be excused from any scheduled completion date
provided for by the contract, but shall proceed with all work to be performed under the
Agreement. Contractor shall retain any and all rights provided either by contract or by
law, which pertain to the resolution of disputes and protests between the contracting
parties.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverage.
The Contractor shall procure and maintain, at its sole cost and expense, in a
form and content satisfactory to City, during the entire term of this Agreement including
any extension thereof, the following policies of insurance which shall cover all elected
and appointed officers, employees and agents of City:
(a) Comprehensive General Liability Insurance (Occurrence Form
C00001 or equivalent). A policy of comprehensive general liability insurance written on
a per occurrence basis for bodily injury, personal injury and property damage. Claims-
made, modified, limited or restricted occurrence forms are not acceptable without prior
written consent from City. The policy of insurance shall be in an amount not less than
$1,000,000 per occurrence, $2,000,000 in the general aggregate, and $2,000,000
products/completed operations aggregate. The general aggregate limit shall apply
separately to each project.
The policy definition of "insured contract" shall include assumptions of liability
arising out of both ongoing operations and products-completed operations hazard as set
forth in Y' definition in form CG 0001, or equivalent.
The policy must cover inter-insured suits and include a "Separation of Insureds"
or"severability" clause which treats each insured separately.
The insurance must be maintained for at least one year following the completion
of Contractor's services or termination of this Agreement.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in such amount as will fully comply with the laws of the State of
California and which shall indemnify, insure and provide legal defense for both the
Contractor, and the City against any loss, claim or damage arising from any injuries or
occupational diseases occurring to any worker employed by or any persons retained by
the Contractor in the course of carrying out the work or services contemplated in this
Agreement. The worker's compensation policy of insurance shall be in an amount not
less than $1,000,000 per accident, $1,000,000 disease per employee, and $1,000,000
per disease per policy.
CONTRACT SERVICE AGREEMENT 29
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any
auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile
liability insurance written on a per occurrence for bodily injury and property damage in
an amount not less than $1,000,000. Said policy shall include coverage for owned,
non-owned, leased and hired cars.
(d) Professional Liability. Professional liability insurance appropriate to
the Contractor's profession. This coverage may be written on a "claims made" basis,
and must include coverage for contractual liability. The professional liability insurance
required by this Agreement must be endorsed to be applicable to claims based upon,
arising out of or related to services performed under this Agreement. The insurance
must be maintained for at least 5 consecutive years following the completion of
Contractor's services or the termination of this Agreement. During this additional 5-year
period, Contractor shall annually and upon request of the City submit written evidence
of this continuous coverage.
(a) Pollution Liability. A policy of pollution liability insurance written on
a per occurrence for bodily injury, personal injury and property damage. The policy of
insurance shall be in an amount not less than $1,000,000 per pollution incident and
$1,000,000 in the general aggregate. The policy shall apply to any incidents at or from
any location on which the Contractor performs work under this Agreement.
The insurance must be maintained for at least one year following the
completion of Contractor's services or termination of this Agreement.
(f) _ Additional Insurance. Policies of such other insurance, as may be
required in the Special Requirements in Exhibit "A".
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name
the City, its elected and appointed officers, employees and agents as additional
insureds and any insurance maintained by City or its officers, employees or agents
shall apply in excess of, and not contribute with Contractor's insurance. The insurer is
deemed hereof to waive all rights of subrogation and contribution it may have against
the City, its officers, employees and agents and their respective insurers.
Prior written consent from the City is required if any of the said policies have a
deductible or self-insured retention in excess of$25,000.
All of said policies of insurance shall provide that said insurance may not be
amended or cancelled by the insurer or any party hereto without providing thirty (30)
days prior written notice by certified mail return receipt requested to the City. In the
event any of said policies of insurance are cancelled, the Contractor shall, prior to the
cancellation date, submit new evidence of insurance in conformance with Section 5.
1 to
the Contract Officer.
No work or services under this Agreement shall commence until the Contractor
has provided the City with original endorsements effecting coverage set forth in this
CONTRACT SERVICE AGREEMENT 30
Article 5. The endorsements are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The endorsement is to be on forms provided by or
approved by the City. As an alternative to City approved forms, Contractor may provide
complete certified copies of all required insurance policies, including endorsements
affecting the coverage. City reserves the right to inspect complete, certified copies of all
required insurance policies at any time. Any failure to comply with the reporting or other
provisions of the policies including breaches or warranties shall not affect coverage
provided to City.
All certificates shall name the City as additional insured (providing the
appropriate endorsement) and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY
SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO
CERTIFICATE HOLDER NAMED HEREIN.
(to be initialed]
InitialsContractor
City, its respective elected and appointed officers, directors, officials, employees,
agents and volunteers are to be covered, as additional insureds as respects: liability
arising out of activities Contractor performs; products and completed operations of
Contractor; premises owned, occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to City, and their respective elected and
appointed officers, officials, employees or volunteers. Contractor's insurance shall
apply separately to each insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by
City. At the option of City, either the insurer shall reduce or eliminate such deductibles
or self-insured retentions as respects City or its respective elected or appointed officers,
officials, employees and volunteers or the Contractor shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, defense expenses
and claims. The Contractor agrees that the requirement to provide insurance shall not
be construed as limiting in any way the extent to which the Contractor may be held
responsible for the payment of damages to any persons or property resulting from the
Contractor's activities or the activities of any person or persons for which the Contractor
is otherwise responsible nor shall it limit the Contractor's indemnification liabilities as
provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance
with Section 4.5 of this Agreement, the contract between the Contractor and such
subcontractor shall require the subcontractor to maintain the same policies of insurance
that the Contractor is required to maintain pursuant to Section 5.1, and such certificates
and endorsements shall be provided to City.
CONTRACT SERVICE AGREEMENT 31
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and
hold harmless the City, its officers, employees and agents ("Indemnified Parties")
against, and will hold and save them and each of them harmless from, any and all
actions, either judicial, administrative, arbitration or regulatory claims, damages to
persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities
whether actual or threatened (herein "claims or liabilities") that may be asserted or
claimed by any person, firm or entity arising out of or in connection with the negligent
performance of the work, operations or activities provided herein of Contractor, its
officers, employees, agents, subcontractors, or invitees, or any individual or entity for
which Contractor is legally liable ("indemnors"), or arising from Contractor's reckless or
willful misconduct, or arising from Contractor's indemnors' negligent performance of or
failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs
and attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations
or activities of Contractor hereunder; and Contractor agrees to save and hold the City,
its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such
damages or other claims arising out of or in connection with the negligent performance
of or failure to perform the work, operation or activities of Contractor hereunder,
Contractor agrees to pay to the City, its officers, agents or employees, any and all costs
and expenses incurred by the City, its officers, agents or employees in such action or
proceeding, including but not limited to, legal costs and attorneys' fees.
Contractor shall incorporate similar, indemnity agreements with its
subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify
City hereunder therefore, and failure of City to monitor compliance with these provisions
shall not be a waiver hereof. This indemnification includes claims or liabilities arising
from any negligent or wrongful act, error or omission, or reckless or willful misconduct of
Contractor in the performance of professional services hereunder. The provisions of
this Section do not apply to claims or liabilities occurring as a result of City's sole
negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall
apply to claims and liabilities resulting in part from City's negligence, except that design
professionals' indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Contractor and shall
survive termination of this Agreement.
CONTRACT SERVICE AGREEMENT 32
5.4 Payment and Performance Bond.
Concurrently with execution of this Agreement, Contractor shall deliver to City a
payment (labor and materials) bond and a performance bond, each in the sum of the
amount of this Agreement, in the forms provided by the City Clerk, which secures the
faithful performance of this Agreement. The bonds shall contain the original notarized
signature of an authorized officer of the surety and affixed thereto shall be a certified
and current copy of his power of attorney. The bonds shall be unconditional and remain
in force during the entire term of the Agreement and shall be null and void only if the
Contractor promptly and faithfully performs all terms and conditions of this Agreement.
5.5 Sufficiency of Insurer or Surety.
Insurance or bonds required by this Agreement shall be satisfactory only if issued
by companies qualified to do business in California, rated "A" or better in the most
recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register,
and only if they are of a financial category Class VII or better, unless such requirements
are waived by the Contract Officer of the City due to unique circumstances. If this
Agreement continues for more than 3 years duration, or in the event the Contract Officer
determines that the work or services to be performed under this Agreement creates an
increased or decreased risk of loss to the City, the Contractor agrees that the minimum
limits of the insurance policies and the performance bond required by Section 5.4 may
be changed accordingly upon receipt of written notice from the Contract Officer;
provided that the Contractor shall have the right to appeal a determination of increased
coverage by the Contract Officer to the City Council of City within 10 days of receipt of
notice from the Contract Officer.
5.6 Substitution of Securities.
Pursuant to Public Contracts Code Section 22300, substitution of eligible
equivalent securities for any moneys withheld to ensure performance under this
Agreement may be permitted at the request and expense of the Contractor.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers books of
accounts, invoices, vouchers, canceled checks, reports (including but not limited to
payroll reports), studies or other documents relating to the disbursements charged to
City and services performed hereunder (the "books and records"), as shall be necessary
to perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be
complete and detailed. The Contract Officer shall have full and free access to such
books and records at all times during normal business hours of City, including the right
to inspect, copy, audit and make records and transcripts from such records. Such
records shall be maintained for a period of 3 years following completion of the services
hereunder, and the City shall have access to such records in the event any audit is
CONTRACT SERVICE AGREEMENT 33
required. In the event of dissolution of Contractor's business, custody of the books and
records may be given to City, and access shall be provided by Contractor's successor in
interest.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require. Contractor hereby acknowledges that the City is greatly
concerned about the cost of work and services to be performed pursuant to this
Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any
facts, circumstances, techniques, or events that may or will materially increase or
decrease the cost of the work or services contemplated herein or, if Contractor is
providing design services, the cost of the project being designed, Contractor shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and
the estimated increased or decreased cost related thereto and, if Contractor is providing
design services, the estimated increased or decreased cost estimate for the project
being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data,
notes, computer files, reports, records, documents and other materials (the "documents
and materials") prepared by Contractor, its employees, subcontractors and agents in the
performance of this Agreement shall be the property of City and shall be delivered to
City upon request of the Contract Officer or upon the termination of this Agreement, and
Contractor shall have no claim for further employment or additional compensation as a
result of the exercise by City of its full rights of ownership use, reuse, or assignment of
the documents and materials hereunder. Any use, reuse or assignment of such
completed documents for other projects and/or use of uncompleted documents without
specific written authorization by the Contractor will be at the City's sole risk and without
liability to Contractor, and Contractor's guarantee and warranties shall not extend to
such use, revise or assignment. Contractor may retain copies of such documents for its
own use. Contractor shall have an unrestricted right to use the concepts embodied
therein. All subcontractors shall provide for assignment to City of any documents or
materials prepared by them, and in the event Contractor fails to secure such
assignment, Contractor shall indemnify City for all damages resulting therefrom.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such
information is in the public domain or already known to Contractor. Contractor shall not
release or disclose any such information or work product to persons or entities other
than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the Contract Officer or unless requested by
the City Attorney, voluntarily provide documents, declarations, letters of support,
CONTRACT SERVICE AGREEMENT 34
testimony at depositions, response to interrogatories or other information concerning the
work performed under this Agreement. Response to a subpoena or court order shall
not be considered "voluntary" provided Contractor gives City notice of such court order
orsubpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then
City shall have the right to reimbursement and indemnity from Contractor for any
damages, costs and fees, including attorneys fees, caused by or incurred as a result of
Contractor's conduct.
(d) Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions or other discovery request, court order or subpoena from any party
regarding this Agreement and the work performed there under. City retains the right,
but has no obligation, to represent Contractor or be present at any deposition, hearing
or similar proceeding. Contractor agrees to cooperate fully with City and to provide City
with the opportunity to review any response to discovery requests provided by
Contractor. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity
and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contractor covenants and
agrees to submit to the personal jurisdiction of such court in the event of such action. In
the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central
District of California, in Riverside.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the
City shall not have any obligation or duty to continue compensating Contractor for any
work performed after the date of default. Instead, the City may give notice to Contractor
of the default and the reasons for the default. The notice shall include the timeframe in
which Contractor may cure the default. This timeframe is presumptively thirty (30) days,
but may be extended, though not reduced, if circumstances warrant. During the period
of time that Contractor is in default, the City shall hold all invoices and shall, when the
default is cured, proceed with payment on the invoices. In the alternative, the City may,
in its sole discretion, elect to pay some or all of the outstanding invoices during the
period of default. If Contractor does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City
CONTRACT SERVICE AGREEMENT 35
to give notice of the Contractor's default shall not be deemed to result in a waiver of the
City's legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor not exceeding five percent (5%) of the Contract Sum (whether or not
arising out of this Agreement) as security for performance of this Agreement. The
retained funds shall be paid to Contractor within sixty (60) days after final acceptance of
the work by the City Council and after Contractor has furnished City with full release of
all undisputed payments under the Agreement. In the event there are any claims
specifically excluded by Contractor from the operation of the release, the City may
retain proceeds of up to 150% of the amount in dispute. The failure of City to exercise
such right to deduct or to withhold shall not, however, affect the obligations of the
Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this Agreement shall not
constitute a waiver of any other provision or a waiver of any subsequent breach or
violation of any provision of this Agreement. Acceptance by City of any work or services
by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
No delay or omission in the exercise of any right or remedy by a non-defaulting party on
any default shall impair such right or remedy or be construed as a waiver. Any waiver
by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the exercise
by either party of one or more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in
law or in equity, to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a
breach of this Agreement, the Contractor and its sureties shall be liable for and shall
pay to the City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages
CONTRACT SERVICE AGREEMENT 36
for each calendar day of delay in the performance of any service required hereunder, as
specified in the Schedule of Performance which is part of the bid documents. The City
may withhold from any monies payable on account of services performed by the
Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically
provided in the following Section for termination for cause. The City reserves the right
to terminate this Contract at any time, with or without cause, upon thirty (30) days'
written notice to Contractor, except that where termination is due to the fault of the
Contractor, the period of notice may be such shorter time as may be determined by the
Contract Officer. In addition, the Contractor reserves the right to terminate this Contract
at any time, with or without cause, upon sixty (60) days' written notice to City, except
that where termination is due to the fault of the City, the period of notice may be such
shorter time as the Contractor may determine. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as
may be specifically approved by the Contract Officer. Except where the Contractor has
initiated termination, the Contractor shall be entitled to compensation for all services
rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of
Compensation or such as may be approved by the Contract Officer, except as provided
in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall
be entitled to compensation only for the reasonable value of the work product actually
produced hereunder. In the event of termination without cause pursuant to this Section,
the terminating party need not provide the non-terminating party with the opportunity to
cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under
this Agreement, City may, after compliance with the provisions of Section 7.2, take over
the work and prosecute the same to completion by contract or otherwise, and the
Contractor shall be liable to the extent that the total cost for completion of the services
required hereunder exceeds the compensation herein stipulated (provided that the City
shall use reasonable efforts to mitigate such damages), and City may withhold any
payments to the Contractor for the purpose of set-off or partial payment of the amounts
owed the City as previously stated.
7.10 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party
to any action or proceeding in any way connected with this Agreement, the prevailing
party in such action or proceeding, in addition to any other relief which may be granted,
whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's
fees shall include attorney's fees on any appeal, and in addition a party entitled to
attorney's fees shall be entitled to all other reasonable costs for investigating such
action, taking depositions and discovery and all other necessary costs the court allows
which are incurred in such litigation. All such fees shall be deemed to have accrued on
CONTRACT SERVICE AGREEMENT 37
commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or
any successor in interest, in the event of any default or breach by the City or for any
amount which may become due to the Contractor or to its successor, or for breach of
any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with
the interests of City or which would in any way hinder Contractor's performance of
services under this Agreement. Contractor further covenants that in the performance of
this Agreement, no person having any such interest shall be employed by it as an
officer, employee, agent or subcontractor without the express written consent of the
Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the performance of
this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement which effects his financial interest or the financial interest of
any corporation, partnership or association in which he is, directly or indirectly,
interested, in violation of any State statute or regulation. The Contractor warrants that it
has not paid or given and will not pay or give any third party any money or other
consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all
persons claiming under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of race, color, creed,
religion, sex, marital status, national origin, or ancestry in the performance of this
Agreement. Contractor shall take affirmative action to insure that applicants are
employed and that employees are treated during employment without regard to their
race, color, creed,religion, sex, marital status, national origin, or ancestry.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et sec., as amended, and
in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Contractor so employ such unauthorized aliens for the performance of work
and/or services covered by this Agreement, and should the any liability or sanctions be
imposed against City for such use of unauthorized aliens, Contractor hereby agrees to
CONTRACT SERVICE AGREEMENT 38
and shall reimburse City for the cost of all such liabilities or sanctions imposed, together
with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be
in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer, CITY OF
MENIFEE, 29714 Haun Road, Menifee, CA 92586 and in the case of the Contractor, to
the person at the address designated on the execution page of this Agreement. Either
party may change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Unfair Business Practices Claims.
In entering into this Agreement, Contractor 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. § 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 related to this Agreement. This
assignment shall be made and become effective at the time the City renders final
payment to the Contractor without further acknowledgment of the Parties.
9.3 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by reason of
the authorship of this Agreement or any other rule of construction which might otherwise
apply.
9.4 Counterparts.
This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, and such counterparts shall constitute one and the same
instrument.
9.5 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and
exclusive expression of the understanding of the parties. It is understood that there are
no oral agreements between the parties hereto affecting this Agreement and this
Agreement supersedes and cancels any and all previous negotiations, arrangements,
agreements and understandings, if any, between the parties, and none shall be used to
interpret this Agreement. No amendment to or modification of this Agreement shall be
valid unless made in writing and approved by the Contractor and by the City Council.
CONTRACT SERVICE AGREEMENT 39
The parties agree that this requirement for written modifications cannot be waived and
that any attempted waiver shall be void.
9.6 Severability.
In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining phrases, sentences,
clauses, paragraphs, or sections of this Agreement which are hereby declared as
severable and shall be interpreted to carry out the intent of the parties hereunder unless
the invalid provision is so material that its invalidity deprives either party of the basic
benefit of their bargain or renders this Agreement meaningless.
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant
that (i) such party is duly organized and existing, (ii) they are duly authorized to execute
and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the entering
into this Agreement does not violate any provision of any other Agreement to which said
party is bound. This Agreement shall be binding upon the heirs, executors,
administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
I
CONTRACT SERVICE AGREEMENT 40
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first-above written.
CITY:
CITY OF IF unicipal corporation
Scott A. Man , ay r
ATTEST:
K Bennett, City Clerk
APPROVED AS TO FORM:
r
Julie W Biggs, City Attornbj
CONTRACTOR:
By: !4
Name: 61,4 J. S. is 601
Title: I?r s-dc�1—
By:�
Name: £;�cr L��Jlwtsn
Title: Vi,,e Presider-
Address: 14C} 0cr it C; ri D(-
I CA
42 8�9
Two signatures are required if a corporation.
CONTRACT SERVICE AGREEMENT 41
Worker's Compensation Insurance Certificate
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public
works contract has been awarded shall sign the following certificate and shall submit
same to the City prior to performing any work on the contract:
"I am aware of the provisions of Section 3700 of the 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 work of this
contract."
HUCREST CANTPACT(NG, 11UJ.
(Contractor)
By:
Glenn J. Salsbury-President
(Print Name)
v
(Signature)
(Title)
b�2b�13
(Date)
Section 3700 of the State Labor Code reads in pertinent part as follows:
"Every employer except the state shall secure the payment of compensation in
one or more of the following ways:
(a) By being insured against liability to pay compensation by one
or more insurers duly authorized to write compensation
insurance in this state.
(b) By securing from the Director of Industrial Relations a
certificate of consent to self-insure either as an individual
employers, or as one employer in a group of employers, which
may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any
compensation that may become due to his or her employees."
CONTRACT SERVICES AGREEMENT 55
EXHIBIT "B"
CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
San Diego Area Regional Standard Drawings
Standard Specifications for Public Works Construction
State Standard Specifications
State Standard Plans
City of Menifee Ordinances & Standards
Eastern Municipal Water District Standard Specifications for Construction of Sewer and
Water Facilities
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards
CONTRACT SERVICE AGREEMENT 24
EXHIBIT "C"
CONTRACT SUM
[NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS]
The Contract Price for performing all Work described in the Contract Documents,
including labor, materials, services and equipment is the total amount of all lump sum
items and of all unit price sums, determined by multiplying the unit price for each item
times the actual quantity of each such item, as determined by the City of Menifee.
CONTRACT SERVICE AGREEMENT 25
Bid Schedule
Schedule of Prices for the Construction of
McCall Boulevard Sidewalk Improvements
Project No. CIP 13-016
Item Item Description Estimated Unit Unit Price Extended
No. Quantity Amount
1 Mobilization 1 LS 1' 00 I1 000,
2 Traffic Control 1 L5 Acra.- 2 boo.,
3 Implement BMPs 1 LS0; O. O
install 4" PCC Sidewalk including
4 all labor, materials, grade 300 SF b. °O
preparation and any rework 3, $ 3ZS,
ne essary to complete in place..
Install 4' Chain Link Fence.
6 including all labor, materials„ grade no LF 2 0, 0 1 D.
preparation and any rework
neeessa to complete in lace,
Allowance only based on estimate, final payment will be based on actual
quantity encountered.
TOTAL B1ASE BII'.i 11VR+lT'TEN IN WARDS
_ IirT�/ iwtkw5wn� purrtvn�fc� 1+�� i)QIIaSS
And
macro Gents
TOTAL AMOUNT'$ &0 8 . +b
Bidder's Name: JhllcTest Contxacting, Inc.
1467 CIRCLE CITY DRIVE
Bidder's Address: CORONA CA
Bid Submitted By: IL1 OY) ,�t)p`�6 •Q���'t111 C i)('
Date Bid Submitted':
*NONE. The quantity Indicated for Sid Schedule Items is an approximate
quantity only. The contractor will be compensated only for the actual material
installed. This note does not apply to lump sum items:
Contractor game 1- illcrest Contracting, 111C,
PART I 010DIND AND CONTRACTUAL
DOCUMENTS. 11