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Mike's Custom Flooring A2013-19 413-/9 CITY OF CHINO HILLS AGREEMENT REPLACEMENT OF CARPETIN G AT CITY YARD OFFICES PROJECT This Contract is made and entered into on the 29th day of April 2013 by and between the City of Chino Hills, a California General Law Municipal Corporation ("City") and Mike's Custom Flooring ("Contractor"). City and Contractor do hereby agree as follows: I. The complete contract includes all of the Contract Documents, to wit: A. Notice Inviting Bids, dated March 12, 2013 B. Contractor's Bid C. Certificates of Insurance and Endorsements D. Notice of Award E. Contract Payment Bond F. Contract Performance Bonds G. Notice to Proceed H. Standard Specifications for Public Works Construction I. Standard Plans J. Reference Documents: K. Change Orders or Work Change Directives L. 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: $30,260.00 III. Contractor shall furnish a labor and material bond in an amount equal to one hundred percent (100%) of the contract price, and a faithful performance bond in an amount equal to one hundred percent (100%) of the contract price, said bonds to be secured from a surety company admitted and authorized to do business in California as such and satisfactory to the City Attorney. Iv. 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 aeneral 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 sinale 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 Retina: 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. 2 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. VII. 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. VIII. 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. IX. 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 termination of this contract by City. Contractor shall be liable for all City's costs to complete the work and this contract. X. 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. Xl. NOTICES. Notices shall be given pursuant to this Agreement by personal services on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Services addressed as follows: City. Attention: City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 4 Contractor. Attention: Mike Lunderenet Mike's Custom Flooring 1351 Park Avenue, Suite 102 Redlands, CA 92373 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. XII. 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. 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 MIKE'S CUSTOM FLOORING By: 1,71( Michael S./ Flead V Tf' Manager /410/1v1.1./ / ,, V (Typed/Printed Name) 5