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Tri-Star Contracting, Inc/Sewer Connections 03CITY OF LA QUINTA CONTRACT AGREEMENT FOR CONSTRUCTION SEWER HOOK-UP AND ABANDON OF EXISTING SEWAGE SYSTEM THIS AGREEMENT is made and entered into by and between the City of La Quinta, hereinafter called the "City", and, Tri-Star Contracting, Inca hereinafter called the "Contractor". RECITALS: A. The City desires to retain the services of the Contractor to provide services for the construction of certain sewer hook-ups and abandon existing disposal facilities within a special assessment district, Project 2003-03. B. The Contractor has represented to the City that it has the expertise, experience and qualifications to perform the services described in Paragraph A, above, and those services which are more fully described below. NOW THEREFORE, in consideration of the foregoing and the covenants and agreements set forth below, the City and the Contractor mutually agree as follows: Section 1 The Contract Documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to bidders, Proposal, the Bidder's Declaration, the Bid Bond, the Designation of Subcontractors, the Construction Project Reference, the Affidavit of Non -Collusion by Contractor, the Bidder's Assurance, the Certificate of Non - Discrimination by Contractors, the Faithful Performance Bond, the Payment Bond, the Worker's Compensation Insurance Certificate, the Instruction for Signing Bids, Bonds and Contracts, General Conditions, Standard Specifications, Special Provisions, and all referenced specifications, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion is an acceptable manner. All of the provisions of said Contract Documents are made a part hereof as though fully set forth herein. Section 2 The following is a general and abbreviated description of the works of improvement: "Sewer Hook -Up and Abandon of Existing Sewage System" CA-1 Section 3 For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above -stated project in good and workmanlike manner under the direction and to the satisfaction of the City and pursuant to and in strict accordance with the Contract Documents and Specifications. The Contractor agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder, with the following additions: 1. All contractors awarded contracts with the City of La Quinta pursuant to the California Public Contract Code provisions, who demonstrate by documentation satisfactory to the City Manager that supplies or equipment utilized for performance of the contract were purchased in the City of La Quinta, shall be paid an additional amount to the contract award equal to one percent of the purchase price of said supplies or equipment for so long as the City is entitled to one percent of the sales tax imposed at the time of purchase. 2. Contractors employing lower income project area residents in compliance with Resolution No. 93-12, Section 4 on page NIB-4, shall be eligible for a rebate credit. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Section 4 The City hereby promises and agrees to employ, and does hereby employ, the contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same. Section 5 The City hereby fixes the time for the commencement of said work to be within five (5) working days from the date of the Notice to Proceed. The Contractor will, within five (5) working days from the Notice to Proceed, complete the said work of improvements at each location and turn same over to the City ready for use and free CA-2 and discharged of all liens, claims and demands whatsoever. The total project shall be completed within sixty (60) days. The provisions of Title 1 (commencing with Section 4200), Chapter 3, Division 5 of the California Government Code, and further, the provisions of Title 15 (commencing with Section 3082), Part 4, Division 3 of the California Civil Code, are expressly made applicable to work done under this Contract. Section 6 The Contractor may, at Contractor's sole cost and expense, substitute securities equivalent to any monies withheld by the City to insure performance under the Contract. Such securities shall be deposited with the City, or a state or federally charted bank as escrow agent, who shall pay such monies to the contractor upon satisfactory completion of the contract. Such securities, if deposited, will be valued by the City, whose decision on valuation of the securities shall be final. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any accrued interest thereon. Securities eligible for investment shall include those listed in Government Code Section 16430 and Government Code Section 4590. No such substitution shall be accepted until the escrow agreement, letter of credit, form of security and any other document related to said substitution is reviewed and found acceptable by the City's attorney. Section 7 As required by Sections 1770 et. seg. of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file in the office of the City Clerk of La Quinta, which copies shall be made available to any interested party on request. The City shall also cause a copy of the determination of the Director of the prevailing rate of per diem wages to be posted at each job site. Section 8 None of the appointed or elected officials, officers, employees or agent, of the City shall be liable for any portion of the expense of work aforesaid, and such costs and expenses are limited obligation of the City, payable solely from the funds specifically described herein. Section 9 It is agreed by the parties to the Contract that time is of the essence; and that in the case all of the work is not completed before or upon the expiration of the time limit set forth, damages will be sustained by the City and it is, therefore, agreed that the Contractor will pay to the City as damages the amount of the actual damage, as determined, due to the failure to complete the work in the time agreed upon. In CA-3 addition, the City shall have the right to charge to the Contractor and to deduct from payments for the work the actual cost to the City of inspection, superintendence, and other overhead expenses, which are directly chargeable to the Contract and which accrue during the period of such delay, except that the cost of final inspection and preparation of the final estimate shall not be included in such charges. The expenses and damages described above shall be deducted from any money due the Contractor under this Contract; the Contractor and his sureties shall be liable for any such excess cost. Section 10 The Contractor acknowledges the provisions of the California Labor Code requiring 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 certifies compliance with such provisions. Limits shall be not less that those specified in the insurance requirements contained in the General Conditions of the Contract Documents. Section 11 With respect to performance of work under this Contract, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as required in the General Conditions of the Contract Documents. Section 12 The Contractor shall comply with the indemnification requirements of the General Conditions of the Contract Documents. Section 13 This Contract is not assignable nor is the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights or obligations of either party without the prior written consent of the other shall be void and of no force and effect. Section 14 In any action brought to declare the rights granted herein or to enforce any of the terms of this Contract, the prevailing party shall be entitled to an award of reasonable attorney's fees in an amount determined by the court. CA-4 Section 15 The Contractor shall not discriminate in the hiring of employees or in the employment of subcontractors on any basis prohibited by law. Section 16 The Contractor is and shall at all times remain as to the City, a wholly independent contractor. Neither the city nor any of its agents shall have control of the conduct of the Contractor or any of the Contractor's employees, except as herein set forth. The Contractor shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. Section 17 All notices and communications shall be sent to the parties at the following addresses: CITY: Building and Safety Department CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Section 18 CONTRACTOR: Mr. Larry Owens, President Tri-Star Contracting, Inc. 15-501 Little Morongo Road Desert Hot Springs, CA 92240 The Contractor affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Section 19 This Contract supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the works of improvement described in paragraph A of the Recitals hereinabove. Each party to this Contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this Contract shall not be valid or binding. Any modification of this Contract will be effective only if signed by the party to be charged. CA-5 IN WITNESS WHEREOF the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: PROVED AS TO FORM: ,jJRM. K THERINE ENSON, City Attorney Dated: CITY OF LA QUINTA a California Municipal Corporation By: ZL DON ACYOLPH, Mayor CONTRACTOR: Signature zAf,Rg,.1 �- O cVe-ti -S Printed N me f9x Q f Title (If a corporation, affix seal) CA-6 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: June Greek P. O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 DOC # 2003-836413 10/23/2003 08:00A Fee:NC Page 1 of 3 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk 8 Recorder 1111111111111111111111111111111111111111111111111111111 M S U PAGE SIZE DA PCOR NOCOR SMF MISC. I A I R I L 11 COPY I LONG REFUND I NCHG I EXAM NOTICE OF COMPLETION SEWER HOOK-UP SUBSIDY PROGRAM Project No. 2003-03 Title of Document THI AREA FOR RECORDER'FS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) C:\MYDATA\WPDOCS\FORMS\Recorder.wpd J M, MA PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: June Greek P. 0. Box 1504 La Quinta, CA 92253 I SPACE ABOVE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by: The City of La Quinta, California, a Municipal Corporation, organized and incorporated pursuant to the laws of the State of California 2. The City Clerk of the City of La Quinta is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. 3. That the nature of the life of the stated owner, or if more, than one owner, then of the stated owner and co -owners is: In Fee. 4. That on the 19T" day of August, 2003, a work of improvement on the real property herein described was completed. 5. The public work improvement is described as follows: Assessment/Sewer Hook-up Subsidy Program - Pro-ject No. 2003-03 6. The name of the contractor for said work of improvement was: TRI STAR CONTRACTING, INC. 7. The property on which said public work of improvement was completed is in the City of La Quinta, County of Riverside, State of California, and is described as follows: VARIOUS LOCATIONS IN THE CITY OF LA QUINTA - (SEE EXHIBIT AI DATED: October 17, 2003 CITY OF LA QUINTA, CALIFORNIA BY TITL City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) I hereby certify that I am the City Clerk of the governing board of the City Council of the City of La Quinta, the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct. Executed at La Quinta, California on October 17, 2003 J S. GREEK, CMC, ity Clerk City of La Quinta, California 2803-336413 10/23/2003 08:00R 2of3 EXHIBIT "A" DIAZ, AVENIDA 52-615 HERRERA, AVENIDA 51-030 HERRERA, AVENIDA 52-071 MARTINEZ, AVENIDA 52-090 MENDOZA, AVENIDA 52-125 RAMIREZ, AVENIDA 52-500 RUBIO, AVENIDA 53-320 VELASCO, AVENIDA 51-286 VELASCO, AVENIDA 54-025 VILLA, AVENIDA 51-910 ,a20@3�aa=�