HomeMy WebLinkAboutC-2367PROJECT NO. 33855408
CONTRACT FOR THE
CITY OF ARCADIA
SANTA ANITA AVENUE STREET REHABILITATION
1. PARTIES AND DATE.
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This Contract is made and entered into this day of -. , ' 2008, by and between
the CITY OF ARCADIA (hereinafter called the "Owner ") an� (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 April 2008, has
submitted a bid proposal for the Santa Anita Avenue Street Rehabilitation 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 May 21, 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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PROJECT NO. 33855408
Part "F" Performance Bond
Part "G" Payment Bond
ADDENDUM NO. 1 dated April 28, 2008
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 In
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
Project No. 5441036 necessary to fully and adequately complete Rehabilitation of W/B Huntington
Drive from Westerly City Limit to Baldwin Avenue and Sidewalk Gap Closure project including any
alternates selected by the Owner, and all structures and facilities described in the Contract
(hereinafterthe "Work "), fora total Six Hundred Twenty Eight Thousand Three Hundred Seventy
Dollars and Zero Cents ($628,370.00) as specified in the Contract Bid Forms submitted by the
Contractor in response to the above referenced Notice Inviting Bids. Such amount shall be subjectto
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 have ten (10) Calendar Days from the date of notice of award to supply owner
will all the required documents and certifications. Upon receipt of correctly executed documents and
certifications, the owner shall issue a Notice to Proceed. The contractor shall perform and complete
all Work under this contract. Work shall commence within ten (10) days of the Notice to Proceed and
be completed within 35 calendar days beginning ten (10) days after the date on which the Notice to
Proceed is sent by the owner. Moreover, Contractor shall perform its Work in strict accordance with
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PROJECT NO. 33855408
Work in strict accordance with any 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 SEVEN HUNDRED FIFTY DOLLARS AND ZERO CENTS ($750.00)
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 contractorto
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 parry 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.
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PROJECT NO. 33855408
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
Gentry Brothers, Inc.
384 East Live Oak Avenue
Irwindale CA 91706
Attn: Rod Gentry
President
Owner
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007
Attn: Philip A. Wray
City 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
By.
Name
Title
Tax I.D. Number
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Number
Contractor's License:
CITY OF ARCADIA
By: J.)
Name
Titles
Attest:
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Approved as to form:
Clash By: d"Aj& 0 /�vti:� ,
Stephen P. Deitsch
City Attorney
Number
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PROJECT NO. 33855408
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. 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: GENTRY BROTHERS, INC.
By: 1
Signature
Name
1AG 5 G( r-✓�
Title
2 -' - o ,,�
Date
CONTRACT (EXHIBIT A)