CONSTRUCTION CONTRACT
FOR
CONSTRUCTION OF
SEWER MANHOLE ADJUSTMENTS ON SOUTH COAST HIGHWAY
CITY OF LAGUNA BEACH
THIS Agreement, made and entered into this day of ,20___, by and between CITY OF LAGUNA BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY" and EBS UTILITIES ADJUSTING INC, Contractor's License No. 932798, hereinafter referred to as "CONTRACTOR,"
WITNESSETH:
That the CITY and the CONTRACTOR, for the consideration hereinafter stated, mutually agree as follows:
1. The complete Agreement includes all of the contract documents, which are incorporated herein by this reference, to wit: Notice Inviting Bids, Instructions to Bidders, Bid Form and Proposal to the City of Laguna Beach, Standard Provisions, General Provisions, Special Provisions, Drawings, Plans, Performance Bond, Labor and Material Bond, Certificate of Insurance, this Agreement and all modifications and amendments thereto. The Agreement documents are complementary, and that which is required by one shall be as binding as if required by all. In the event of any discrepancy among Agreement documents, precedence shall be determined as specified in Section 2-5.2 of the Standard Specifications for Public Works Construction.
2. In the performance of the services under the Agreement, CONTRACTOR shall be, and is, an independent contractor, and is not an agent or employee of the CITY. The CITY shall not in any way or for any purpose become, or be deemed to be, a partner of CONTRACTOR in its business or otherwise, or a joint venturer, or a member of any joint enterprise with CONTRACTOR. 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 the CITY. The CONTRACTOR has and shall retain the right to exercise full control and supervision of the services, and full control over the employment, direction, compensation and discharge of all persons assisting CONTRACTOR in the performance of required services. CONTRACTOR shall be solely responsible and hold the CITY harmless for all matters relating to the payment of CONTRACTOR’s employees, including compliance with Social Security, withholding and all other regulations governing such matters. Neither CONTRACTOR nor any of CONTRACTOR’s employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement or other fringe benefits from the CITY; and neither the CITY nor any of its employees shall be paid by the CITY at the rate of time and one-half for working in excess of forty hours in any one week or more than eight hours in any one day. Neither CONTRACTOR nor any of CONTRACTOR’s employees shall be included in the Attachment 2
4 competitive service, have any property right to any position, or any of the rights an employee may have in the event of termination of this Agreement.
3. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvements: SEWER MANHOLE ADJUSTMENTS ON SOUTH COAST HIGHWAY, all in accordance with bidders proposal dated July 31, 2025, and the Agreement documents.
4. CONTRACTOR agrees to perform all the said work and furnish all the said materials at its own cost and expense, such as are set forth in the specifications to be furnished by the CITY, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of the City Engineer of the CITY, the work hereinafter set forth in accordance with the plans and the specifications therefor adopted by the CITY and as prepared by the City.
In compliance with Public Contracts Code, Chapter 4, Section 12169 and Section 12213, CITY requires the CONTRACTOR to provide, prior to final payment by CITY, a certification in writing of the minimum, or the exact, percentage of recycled content in the products used in the performance of the work of improvement.
5. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for this work of improvement above agreed to be performed, the stipulated sum of ninety-two thousand seven hundred ninety Dollars ($92,790).
CITY agrees to make monthly payments and final payment in accordance with the method set forth in the specifications and other Agreement documents.
CONTRACTOR acknowledges and agrees that if this Agreement involves a project specified in Section 9203 of the California Public Contract Code with a Contract price that exceeds five thousand dollars ($5,000), City will withhold five percent (5%) of the Contract price until the Notice of Completion is issued and recorded.
6. CONTRACTOR agrees to commence construction of the work provided for herein within Thirty (30) working days after the date of Notice to Proceed, and to continue in a diligent and workmanlike manner without interruption, and to complete the construction thereof within Ten (10) consecutive working days from the date of Notice to Proceed.
7. Time is of the essence of this Agreement, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage, which the CITY will sustain by reason of any delay in the performance of this Agreement. It is, therefore, agreed that CONTRACTOR will pay as liquidated damages to the CITY the following sum: one thousand ($1,000.00) for each day's delay beyond the time herein prescribed for finishing work. If liquidated damages are not paid, as designated by the CITY, the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under this agreement in addition to any other remedy available to CITY. The CONTRACTOR shall 5 not be assessed liquidated damages for any delay caused by the failure of a public utility to relocate or remove an existing utility required for the performance of this Agreement so long as such failure is not caused by CONTRACTOR’S breach of its obligations hereunder.
8. CONTRACTOR shall pay, and will require all of its subcontractors to pay, all employees on said work a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the Public Works office. Travel and subsistence pay shall be paid in accordance with Labor Code Section 1773.8. Pursuant to Labor Code section 1771.1, no subcontractor may be listed on a bid proposal for any work related to the Project unless registered with the California Department of Industrial Relations (“DIR”). Furthermore, Contractor is hereby notified that no subcontractor may be awarded a contract for any work related to the Project unless registered with the DIR. Pursuant to Labor Code section 1771.4, Contractor is hereby notified that the Project is subject to compliance monitoring and enforcement by the DIR. Contractor will maintain and will require all subcontractors to maintain valid and current DIR Public Works Contractor registration during the term of this Construction Services Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed.
9. CONTRACTOR will forfeit to the CITY, as a penalty, Two Hundred Dollars ($200) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the work provided for in this Agreement, all in accordance with Section 1775 of the Labor Code of the State of California.
10. In the performance of this Agreement, not more than eight (8) hours shall constitute a day's work and not more than forty (40) hours constitute any one calendar week, and the CONTRACTOR will not require more than eight (8) hours of labor in a day or more than forty (40) hours of labor in a week from any person employed by CONTRACTOR hereunder, except as provided in the Labor Code of the State of California. CONTRACTOR will conform to Article 3, Chapter 1, Part 7 (Sections 1810, et. seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR will forfeit to the CITY as a penalty the sum of Two Hundred Dollars ($200) for each worker employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day or calendar week during which any worker is required or permitted to labor more than eight (8) and forty (40) hours, respectively, in violation of said article.
11. CONTRACTOR, by executing this Agreement, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ 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 the work of this AGREEMENT."
CONTRACTOR further agrees to require all subcontractors to carry Workers’ Compensation Insurance as required by the Labor Code of the State of California. 6 12. CONTRACTOR will, prior to the execution of this Agreement, furnish two bonds approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work, and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Agreement shall not become effective until such bonds are supplied to and approved by the CITY.
13. If any action or arbitration is filed by either party to enforce or determine rights under this Agreement or any other Agreement document, the prevailing party shall be entitled to recover its reasonable attorneys' fees in addition to any other relief stated by the Court or arbitrator.
14. CONTRACTOR certifies that each and every one of its employees, and every employee of its subcontractors, is not “ineligible” as the term is defined in Labor Code section 1777.1.
15. In entering into this Agreement, the Contractor or subcontractor to supply goods, services or materials pursuant to this Agreement offers and agrees to assign to the City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, services or materials pursuant to the Contract or subcontracts. This assignment shall be made and become effective at the time CITY tenders final payment to CONTRACTOR, without further acknowledgment by the parties.
16. CONTRACTOR acknowledges and agrees that if this Agreement involves a dollar amount greater than or a number of working days greater than that specified in Labor Code Section 1777.5, then the provisions of Labor Code Section 1777.5 govern this Agreement. It shall be CONTRACTOR’S responsibility to become fully acquainted and ensure compliance with Labor Code Section 1777.5 for all apprenticeable occupations.
17. CONTRACTOR acknowledges the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including but not limited to disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code. CONTRACTOR further acknowledges that, to the best of its knowledge, it has fully complied with the earnings assignment order of all employees and has provided the names of all new employees to the New Hire Registry maintained by the Employment Development Department.
IN WITNESS WHEREOF, the said Contractor, the City Manager and City Clerk of the City have executed this AGREEMENT pursuant to the City Council action of the day and year first above written.
Signature:
Name:
7 Title:
Company:
ATTEST:
_________________________
Ann Marie McKay, City Clerk CITY OF LAGUNA BEACH
A Municipal Corporation
Dave Kiff, City Manager
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