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C-2089
PROJECT NO. 5117017 CONTRACT FOR THE CITY OF ARCADIA CITY SIGNAGE AND BANNER PROGRAM Phase 1 PARTIES AND DATE. This Contract is made and entered into this Z© day of 2004, by and between the CITY OF ARCADIA (hereinafter called the "Owner ") and US ENGINEERING (hereinafter called the "Contractor"). 2. RECITALS. 2.1 The Owner is a charter City organized underthe 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 July 2, 2004, has submitted a bid proposal for the construction of the City Signage and Banner Program described in the Contract. 2.3 Owner has duly opened and considered the Contractors 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 August 18, 2004. 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: 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 Part "E" - Drawings (attached and under separate cover) Part "F" - Performance Bond Part "G' - Payment Bond Part "H" - Escrow Agreement for Security Deposits (optional) CONTRACT -1 Ii. PROJECT NO. 5117017 f. 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 trfully n construction mplete C y S nage d Banner Program Phase 1 o Bid Items necessary to and adequately n 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 Seventy Five Thousand Thirty by Seven en Dollars n and Zero C response et tthe1above�eferenced Notce'Inviti Inviting Such amount shalldbe 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 ma n the and consistent with the standards generally recognized re being employed by professionals same discipline l calling necessary California. Cont Work. Contractor awarrantathat all emplolyees and Finally ,tContractorafurther represents that it, its employees o and subcontractors have nallll licenses, perform the Work to permits, qualifications and approvals of whatever tever nature that are legaro r required teemoof this s Work, and that such licenses and approvals Contract. 3.4 Period of Performance. Contractor shall have ten (10) calendar days from the date of notice of award to supply . red documents a certifications t correctly ea all the r all is e o notce o proceed. The cont actorsh owner with document and certifications the owner ltice within nt perform and complete all Work under this Contract. Procurerne s of the no of award)oer over, days of the notice to proceed (and within thirty (30) Y Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed pursuant to provision s of the Contract, including but not limited the Project Schedule located in the Specifications. CONTRACT -2 PROJECT NO. 5117017 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 ($250.00) per day as provided by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix. 3.5 Owners 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 forthe 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 iabiGt for Worker'sfCompenlsatoln Labor Code which require every employer to be insured against Y 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 Attorneys' es. 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. ications regarding interpretation of the terms of the All notices hereunder and commun Agreement or changes thereto shall be Pe al d and the ashfollowsy registered or certified mail, return receipt requested, postage P p CONTRACT -3 Contractor TDS Engineering 2899 Agoura Road, Suite 171 West Lake Village CA 91361 -3200 Attn: David Wuertz President Owner City of Arcadia 240 West Huntington Drive PO Box 60021 Arcadia CA 91066 -6021 PROJECT NO. 5117017 Sure Attm With Copies To: 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 TRACT — r___, By Name David R. Wuertz, President Title Tax i.D. Number.' 9S- 14 yo4-1�8 Number Contractor's License: Aa. C -/C Class Lo (-Ci X73 Number CITY OF ARCADIIA �,4 ���J 6 By: Y": � #40 Name w,.-I, wgll / Title Attest: By: �Y City Clerk CC Approved as to form: CONTRACT -4 Stephen P. Deitsch City Attorney PROJECT NO. 5117014 EXHIBIT "A" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et sect. 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. CONTRACTOR: Name of Contractor: TDS ENGINEERING By: Signature David R. Mertz, President Name Title Date CONTRACT (EXHIBIT A)