Cooper Doors A2015-02 A-15- OZ.
CITY OF CHINO HILLS AGREEMENT
This Contract is made and entered into on the 8th day of January, 2015 by and between
the City of Chino Hills, a California General Law Municipal Corporation ("City") and
Cooper Doors ("Contractor"). City and Contractor do hereby agree as follows:
The complete contract includes all of the Contract Documents, to wit:
A. Informal Bid, Dated December 15, 2014
B. Contractor's Bid (Bid Forms), Dated December 15, 2014
C. Certificates of Insurance and Endorsements
D. Notice of Award
E. Notice to Proceed
F. The Plans (Contract Drawings)
G. Standard Specifications for Public Works Construction
H. Standard Plans
I. Reference Documents:
J. Change Orders or Work Change Directives
K. Public Improvement Warranty
Each of such documents in their entirety is incorporated herein by this reference as is
set forth in full.
II.
The Contractor agrees to perform certain work set forth and particularly described in the
aforementioned documents, incorporated herein by reference in consideration of:
TOTAL BASE BID: 3,664.86
III.
The Contractor agrees to indemnify, protect, defend and hold harmless the City, and
their authorized agents, officers, volunteers, the engineer and employees against any
and all claims arising from Contractor's acts or omissions and for any costs or expenses
incurred by the City, or their authorized agents, officers, volunteers and employees, on
account of any claim therefore. In order to accomplish the indemnification herein
provided for, but without limiting the indemnification, the Contractor shall secure and
maintain throughout the term of the contract the following types of insurance with limits
as shown:
Workers' Compensation - A program of Workers' Compensation Insurance or a
State-approved Self-Insurance Program in an amount and form to meet all
applicable requirements of the Labor Code of the State of California, including
Employer's Liability with One Million Dollars ($1,000,000.00) limits, covering all
persons providing services on behalf of the Contractor and all risks to such
persons under this Agreement.
General Liability - Such general liability insurance shall be written with a limit of
liability of not less than One Million Dollars ($1.000.000.00) combined single
limits for damages arising out of bodily iniurv, including sickness and death, injury
to or destruction of property of others, arising directly or indirectly out of or in
connection with the performance of the Work under the Contract Documents
including explosion, collapse and underground exposure.
Vehicle Liability - Such vehicle liability insurance shall be written with a limit of
liability of not less than One Million Dollars ($1,000,000.00) combined single
limits for all bodily injury, including sickness and death or injury to or destruction
of property of others, arising directly or indirectly out of or in connection with the
performance of the Work under the Contract Documents including explosion,
collapse and underground exposure.
If the City determines to require the Contractor to procure such insurance, such
insurance shall cover as insured under all policies: the City, its officers,
employees, and agents, City's Representative, the Engineer and his/her
consultants, and each of their officers, employees, and agents, excepting
workers' compensation. The policy or policies for such insurance may provide for
a deductible amount not to exceed five percent (5%) of the Contract Price. As
provided in Section 7105 of the California Public Contract Code, the Contractor is
responsible for the cost of repairing or restoring work up to five (5%) percent of
the contract amount.
Insurance Rating: All insurance required herein shall be placed with insurers with a
current A.M. Best's rating of no less than A:VII, and which insurers are admitted and
authorized to do business in California as insurance carriers.
Contractor shall furnish certificates of insurance and endorsements to the City
evidencing the insurance coverage above required prior to the commencement of
performance of services hereunder, which certificates shall provide that such insurance
shall not be terminated or expire without thirty (30) days written notice to the City, and
shall maintain such insurance from the time Contractor commences performances of
services hereunder until the completion of such services. All policies, with respect to
the insurance coverage above required, except for the Workers' Compensation
Insurance coverage and professional liability coverage, if applicable, shall contain
additional endorsements covering the City and its employees, agents, volunteers and
officers as insured with respect to liabilities arising out of the performance of services
hereunder.
The Contractor shall require the carriers of the above required coverages to waive all
rights of subrogation against the City, its officers, volunteers, employees, contractors,
agents and subcontractors.
2
All policies required above are to be primary and non-contributing with any insurance or
self-insurance programs carried or administered by the City.
IV.
The City agrees to pay, and the Contractor agrees to accept in full, payment for the
work outlined in the Contract Documents, the sum of Three thousand, six hundred sixty-
four and 86/100 dollars ($3,664.86) subject to additions and deductions, if any, in
accordance with said documents. Payment shall not be made more often than once
each thirty (30) days, nor shall amount paid be in excess of ninety five percent (95%) of
the contract at time of completion. Final payment to be made forty-five (45) days after
acceptance by the City Manager.
V.
The Contractor shall commence the work required by this Contract within ten (10) days
of the date specified in the Notice to Proceed and shall complete contract work within
thirty (30) working days. City and Contractor have discussed the provisions of
Government Code, Section 53069.85 and the damages which may be incurred by City if
the Work is not completed within the time specified in this Agreement. The City and
Contractor hereby represent that at the time of signing this Agreement, it is
impracticable and extremely difficult to fix the actual damage which will be incurred by
City if the Work is not completed within the number of days allowed. Accordingly, City
and Contractor agree that the sum of Two Hundred Fifty dollars ($250.00) per
calendar day is a reasonable sum to assess as damages to City by reason of the
failure of Contractor to complete the Work within the time specified.
VI.
The Contractor hereby agrees to comply with the State Labor Code and acknowledges
that, in accordance with Section 3700 of the State Labor Code, he/she will be required
to secure the payment of compensation to his/her employees.
VII.
The Contractor acknowledges that, in accordance with Section 1777.5 of the State
Labor Code, he/she will be held responsible for compliance with the provisions of this
Section for all apprenticeable occupations.
VIII.
Contractor acknowledges and agrees that Contractor must have all appropriate
contractor's licenses. Contractor further warrants and represents that he/she/they
has/have the appropriate contractor's license to pursue the work hereunder.
Contractor's failure to have or maintain all appropriate licenses during the entire term of
this contract, or any period thereof, shall be cause for the immediate and summary
3
termination of this contract by City. Contractor shall be liable for all City's costs to
complete the work and this contract.
IX.
The person or persons executing this Agreement on behalf of contractor warrants and
represents he/she/they has/have the authority to execute this Agreement on behalf of
his/her/their corporation, partnership, or business entity and warrant and represents that
he/she/they has/have the authority to bind the contractor to the performance of its
obligations hereunder.
X
NOTICES: Notices shall be given pursuant to this Agreement by personnel services on
the party to be notified, or by written notice upon such party deposited in the custody of
the United States Postal Service addressed as follows:
City:
City of Chino Hills
Attn: City Clerk
14000 City Center Drive
Chino Hills, CA 91709-4868
Contractor:
Cooper Doors
Attn: Bryan Hoffhaus
4081 E. La Palma Avenue, Suite F
Anaheim, CA 92807
Xl.
This Agreement contains the completely final, entire, and exclusive agreement between
the parties with respect to the subject matter hereof, and no waiver, alteration, or
modification of any of the provisions hereof or rights to act hereunder shall be binding
unless in writing. Any attempted modification, amendment, or alteration in violation
hereof shall be void.
4
IN WITNESS WHEREOF, each of the parties hereto has caused the Agreement to be
executed in its name on its behalf by a duly authorized officer as of this day and year
first above written.
CITY OF CHINO HILLS COOPER DOORS
)r_-
BY: /
Nadeem Majaj'
Public Works Director
(Typed/ Printed Name)
(Title)
5