HomeMy WebLinkAboutC-2353CONTRACT FOR THE
CITY OF ARCADIA
SANTA ANITA — ARCADIA ITS INTEGRATION
CCTV INSTALLATION
PARTIES AND DATE.
This Contract is made and entered into this �day of tL 2008, by and between
the CITY OF ARCADIA (hereinafter called the "Owner ") and REPUBLIC INTELLIGENT
TRANSPORTATION SERVICES, INC. (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 in February 2008, has
submitted a bid proposal for construction the SANTA ANITA — ARCADIA ITS INTEGRATION CCTV
INSTALLATION 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 April 2, 2008.
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 (under separate cover)
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Part "F" Performance Bond
Part "G" Payment Bond
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.
ctor, 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 for the construction of Bid
Category number(s) 8 items necessary to fully and adequately complete SANTA ANITA— ARCADIA
ITS INTEGRATION CCTV INSTALLATION, 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
sixty seven thousand seven hundred twenty five dollars and zero cents ($167,725.00), 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 forty -five (45) working
days, beginning ten (10) calendar days after the date on which the Notice to Proceed is sent by the
Owner to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any
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with any 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.
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 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 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 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:
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Contractor
Republic ITS
371 Be) Marin Keys Blvd., #200
Novato CA 94949
Attn: James Wagner
VP Engineering
Owner
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066 -6021
Attn: Rafael Fajardo
Assistant Engineer
Surety
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
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CITY OF ARCADIA
By: m% :� %V'm 4� g
Donald Penman, City Manager
Attest:
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Approved as to Form:
By:
Stephen P. Deitsch, City Attorney
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(PROJECT NO. )
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et sue. of the
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lift, Labor Code which require every employer to be insured against liability for Worker's
Compensation orto undertake self- insurance in accordance with the provisions of the Code. I
to and will comply with such provisions before commencing the Work governed by this
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Name of Contractor:
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Date
CONTRACT (EXHIBIT A) GB - SPATE d LOCAL (5051507/660) (7/24/00)