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Home My WebLink AboutC-1948(PROJECT NO. 5241033) CONTRACT FOR THE CITY OF ARCADIA CONSTRUCTION OF CONCRETE BUS PADS AT VARIOUS LOCATIONS 1. PARTIES AND DATE. t This Contract is made and entered into this day of r 2012 by and between the CITY OF ARCADIA (hereinafter called the Owner) and DA ON CONSTRUCTION CO. (hereinafter called the "Contractor "). 2. RECITALS. 2.1 The Owner is a charter City organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; �. 2.2 Contractor, in response to a Notice Inviting Bids issued by Owner on February 13, 2003, has submitted a bid proposal for the Construction of Concrete Bus Pads project described in the Contract. 2.3 Owner has duly opened and considered the Contractor's bid proposal, and duly awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid Documents, and has given written notice to Contractor on March 19, 2003. 2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract. 3. TERMS. 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: s a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix .. Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Special Provisions Part "D" - Specifications [Intentionally Omitted] Part "E" - Drawings Part "F" - Performance Bond Part "G" - Payment Bond Part "H" - Escrow Agreement for Security Deposits (optional) CONTRACT -2 (PROJECT NO. 5241033) ADDENDUM NO. dated The above documents, including the General Conditions, are an integral part of the Contract Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately below acknowledging that he or she has read, understood and agrees with all of the terms of the Contract Documents, including, but not limited to, provisions of the General Conditions relating to indemnification, insurance, standards of performance, termination, compensation and time of the essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any term or provision of the Contract Documents, and agrees to strictly abide by their meaning and intent. In the event that Contractor fails to initial below, the Owner shall have the right to declare the Contract unexecuted and to award the Contract to another contractor in accordance with state law. �. Contractor's Initials 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work forthe construction of Bid Category necessary to fully and adequately complete the Construction of Concrete Bus Pads, including any alternates selected by the Owner, and all structures and facilities described in the Contract (hereinafter the "Work "), for a total of One Hundred Thirty -Seven Thousand Nine Hundred Twenty -Eight DOLLARS and zero CENTS ($137,928.00), as specified in the Contract Bid Forms submitted by the Contractor in response to the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable terms of this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents. 3.3 Standard of Performance. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor further represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within twenty -eight (28) Calendar Days, beginning thirty (30) Calendar Days after the date on which the Letter of Award is sent by the Owner to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed CONTRACT -3 (PROJECT NO. 5241033) pursuant to provisions of the Contract, including but not limited the Project Schedule located in the Specifications. Contractor agrees that if such Work is not completed within the aforementioned period and /or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications, it is understood, acknowledged and agreed that the Owner will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated damages the sum of two hundred fifty dollars ($250) per day as provided by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix. 3.5 Owner's Basic Obligation. Owner agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Owner shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 3.6 Contractor's Labor Certification Contractor maintains that he is aware of the provisions of Section 3700 of the California Labor Code which require 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 agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be executed simultaneously with this Contract. 3.7 Attornevs' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. 3.8 Successors. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. Contractor may not either voluntarily or by action of law, assign any obligation assumed by Contractor hereunder without the prior written consent of the Owner. 3.9 Notices. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: CONTRACT -4 r (PROJECT NO. 5241033) Contractor rety Damon Construction Co. COGDILL BONDING 455 Carson Plaza Dr., Unit F 9333 GENESEE AVE., SUITE 200 Carson CA 90746 SAN DIEGO, CA 92121 Attn: Margaret Rullo Attn: LARRY COGDILL President Owner With Copies To: City of Arcadia Damon Construction Co. 240 West Huntington Drive 455 Carson Plaza Dr., Unit F Arcadia, CA 91007 Carson CA 90746 Attn: Philip A. Wray Attn: Margaret Rullo City Engineer President Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. CONTRACTOR DAMON CONST. CO. By: Name GARET ANN RULLO PRESIDENT Title Tax I. D. Number.' -95- 2679953 Number Contractor's License: A Class 280588 Number M CITY OF ARCADIA By: ung. Name Title Attest: By: QL.,— A� ne Alford City Clerk Approved As To Form: By: 0 /)-�w Stephen P. Deitsch City Attorney CONTRACT -5 (PROJECT NO. 5241033) EXHIBIT "A" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of the Code. I agree to and will comply with such provisions before commencing the Work governed by this Contract. M6]►111111C7_[Mt91-3 Name of Contractor: DAMON CONST. CO. By: Signal4e MARGARET ANN RULLO Name PRESIDENT Title MARCH 26, 2003 Date CONTRACT (EXHIBIT A) 71 1'40'3&C0 CERTIFICATE OF LIABILITY INSURANCE MOPONID V ACC DA CO DATE(MMIDD/YYYY) 03/26/03 PRODUCER The Wooditch Company Insurance Services, Inc. 1 Park Plaza, #400 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TYPE OF INSURANCE ' POLICY NUMBER P Irvine CA 92614 Phone:949- 553 -9800 Fax:949- 553 -0670 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: St. Paul Fire and Marine $ 5,000 P INSURER B: Eagle Insurance Group, Inc. CLAIMS MADE F_X] OCCUR M INSURER C: Damon Cons t . Co. Attn: Pauline McMaster 455 Carson Plaza Dr., Ste. F Carson CA 90746 -3216 INSURERD: $1,000,000 INSURER E: '1 77 we VV•Gr WLV THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. \ LTR N NSR T TYPE OF INSURANCE ' POLICY NUMBER P POLICY AE MM/DD/YY P POLICY DTE MN DDm L LIMITS ' PREMISES (Ea occurence) $ MED EXP (Any one person) $ $ 5,000 P CLAIMS MADE F_X] OCCUR M PERSONAL & ADV INJURY $ $1,000,000 GENERAL AGGREGATE s s2,000,000 G GEN'L AGGREGATE LIMIT APPLIES PER: P PRODUCTS - COMP /OP AGG $ $2,000,000 P Emp Ben. 1 1,000,000 POLICY X SCOT LOC E A X X X AUTOMOBILE L LIABILITY C ICCO6100045 0 03/01/03 0 03/01/04 COMBINED SINGLE LIMIT $1,000,000 X A BODILY INJURY $ $ ALL OWNED AUTOS B X H BODILY INJURY $ $ HIRED AUTOS B X N X C PROPERTY DAMAGE $ $ Comp ded $1,000 P ( X C Coll Ded $2,500 GARAGE LIABILITY A AUTO ONLY - EA ACCIDENT $ $ OTHER THAN EA ACC $ $ H ANY AUTO O $ EXCESS /UMBRELLA LIABILITY E EACH OCCURRENCE $ $ AGGREGATE $ $ OCCUR F-1 CLAIMS MADE A $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND X X TORY LIMITS I I ER E.L. EACH ACCIDENT $ $1,000,000 A B E EMPLOYERS' LIABILITY 1 150302450 0 01/01/03 0 01/01/04 E E.L. DISEASE - EA EMPLOYEE $ $1,000,000 I E.L. DISEASE - POLICY LIMIT $ $1,000,000 O If yes, describe under SPECIAL PROVISIONS below E OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Construction of Concrete Bus Pads at Various Locations; Project do CFRTIFICATP Flnl nFR City of Arcadia City Clerk's Office 240 West Huntington Drive P. O. Box 60021 Arcdia CA 91066 -6021 wrnon ee ,onn� inc� Wt CANCELLATION ARCAD01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL eN9eM*RJW MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, IMP66G NQ M '^ ^T'nu no i iwnn iTV nc euv KIND UPON TM= iNSURFR iTR AC CORPORATION 1988