HomeMy WebLinkAboutC-2207PROJECT NO. 105100
CONTRACT FOR THE
CITY OF ARCADIA
TRAFFIC SIGNAL INSTALLATION
AT FIRST AVENUE AND SANTA CLARA STREET
PARTIES AND DATE.
This Contract is made and entered into this i' t-l' day of M ercA 2006, by and
between the CITY OF ARCADIA (hereinafter called the "Owner") and OAK ENGINEERING, INC.
(hereinafter called the "Contractor").
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 November 22,
2005, has submitted a bid proposal for Traffic Signal Installation at First Avenue and Santa Clara
Street as 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 January 18, 2006.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance and
Payment Bonds and evidences of insurance coverage as required by the Contract.
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 (under separate cover)
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PROJECT NO. 105100
Part "F" Performance Bond
Part "G" Payment Bond
Part "H" Escrow Agreement for Security
Deposits (optional)
ADDENDUM NO. 1 dated November 21, 2005
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 terns of the
Contract Documents, including, but notlimited 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 declare thee a Contractor fails below,
Cont actunexecuted and to awardthe Contract to another co tractor 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 customarywork forthe construction
of Bid Category number(s) necessaryto fully and adequately complete Traffic Signal Installation at
First Avenue and Santa Clara Street, 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 Fifty Six Thousand Nine Hundred Seventy Five Dollars and Zero Cents
($156,975.00) as specified in the Contract Bid Forms submitted by the Contractor in response to the
referenced Notice Inviting Bids.
amount shall accordance
above
iththeapplcabletems oftisConta t. All Workshall be subject to,and performed in
accordance with the above referenced documents.
3.3 Standard of Performance.
Contactor shall perform all Work under this Contract in a skillful workmanlike main the
and consistent with the standards generally recognized as being employed by professionals
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
Contact.
3.4 Period of Performance.
Contractor shall perform and complete all Work underthis Contractwithin 90 Calendar Days,
beginnng thirty to the (Contractor. Moreover, Contractor hshall performctitshWo Work th
n strict acco dance with any
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PROJECT NO. 105100
completion schedule, construction schedule or project milestones developed 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 ($250.00) 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 bythe 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 liabilityfor 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 Attorneys' 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 attomeys' 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:
Contractor
OAk Engineering, Inc.
1305 West Second Street
Pomona CA 91766
Attn: Omar Abutaleb
President
Owner
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91002
Attn: Philip A. Wray
City Engineer
PROJECT NO. 105100
rety
Attn:
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 CITY OF ARCI 1AADIIAA
By: By: L 3j,l�Qb
Name William R. Kelly
City Manager
Pre s i 4,4.A, I-
Title _
Tax I.D. Number:
1t- 3733
Number
Contractor's License
Class
12)Syzg 1
Number
0
Vida Tolman
Deputy City Clerk
Approved as to form:
By: S / U'" ro\e
Stephen P. Deitsch
City Attorney
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