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Home My WebLink AboutC-2739(PROJECT NO. 17820412) CONTRACT FOR THE CITY OF ARCADIA CITY HALL INTERIOR RENOVATION 1. PARTIES AND DATE. This Contract is made and entered into this �P day of 2012, by and between the CITY OF ARCADIA (hereinafter called the "Owner ") d VARGAS OLSON ENTERPRISES, 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 June 2012, has submitted a bid proposal for construction the CITY HALL INTERIOR RENOVATION 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 July 18, 2012. 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 -1" - Abatement Specifications Part "D -2" - Construction Specifications Part "E" - Drawings (under separate cover) RVPUB\DRDW0015 CONTRACT-1 GB - STATE & LOCAL (5051507/660) (7124100) (PROJECT NO. 17820412) Part T" - Performance Bond Part "G" - Payment Bond Part "H" - Escrow Agreement for Security Deposits (optional) f. ADDENDUM NO. 1 dated June 28 2012 Contract The above documents, including the General Conditions, are al integral part of immediately Documents. In addition to signing this Contract, Contractor shall below acknowledging that he or she has read, understood of agrees with all of the General Conditions terms relating to Contract Documents, including, but not limit provisions indemnification, insurance, standards of performa la m know edge of the meaning and effect of any essence performance. Contractor shall not d term or provision of the Contract Documents, and agrees to strictly abide by their meaning and wner shall ht to intent. In the event that Contractor fails to inwardbthe Contract to an other cont a cor in declare the Contract unexecuted and accordance with state law. V Contractor, s Initials 3.2 Contractor's Basic Obliaation. 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 the Total Bid Amount necessary to fully and Owner, and all structures es Hall Interior ties described in Project including any alternates selected by th the Contract (hereinafter the "Work "), for a total of two ha n spec specified in the Contracts Bid Forms seventy three dollars and zero cents ($257,673-00), amount submitted by the Contractor in response to the above he sere terms this Contracts All Work shall be subject to adjustment in accordance w applicable 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 man er, and consistent with the stand rds g California. ralContract 'r eprresenits and maintains that it is skilled in the same discipline in the State professional calling necessary to perform and experience Contractor e t warrants th Woak assigned to them. subcontractors shall have sufficient s p Finally, Contractor further represen ts taw fahatever1nature that are legally subcontractors required to perform the permits, qualifications and approvals o Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. 3.4 —Pe- riod of Performance. ar Contractor shall perform and complete all ch this Contract within 2 Notice to Proceed 1s sentlby the days, beginning ten (10) calendar days after the on whi Owner to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any RVPUB\DRD \570015 CONTRACT - 2 GB - STATE & LOCAL (50515071660) (7124/00) (PROJECT NO. 17820412) 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 Ownerwill suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated damages the sum of FIVE HUNDRED DOLLARS ($500) 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 be otherwise, arising out ndorecoverr from the losing party reasonable attornleyspfe in such action and all other costs be entitled to have an 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. RVPUB\DRD \570015 CONTRACT-3 GB - STATE & LOCAL (505/507/660) (7/24/00) ra (PROJECT NO. 17820412) 3,9 Notes• interpretation of the terms of the regarding registered or certified provided by the mailing thereof by 9 All notices hereunereto and shall be p rncations re addressed as follows: ,greement or changes thereto prepaid and add jail, return receipt requested, p p Sure tt Conte Vargas Olson Enterprises, Inc. 904 So. Alta Vista Avenue Monrovia, CA. 91016 Attn: Patrick Vargas President Oar City of Arcadia ton Drive 240 West Hunting Arcadia CA 91007 Attn: Philip A. Wray ment Deputy Director of Develop Attn: With Copies To: Attn: Services /City Engineer days after the other party three (3) Y art at the above address. An notice so given shall be stagconsidered aid, addressed to the party Y postage prepaid, regardless of the deposit in the U.S. Mail, first cladequate notice on the date actual notice occurred, reg Actual notice shall be deemed method of service. CITY OF ARCADIA Title Tax I.D. Number: Number By. ' t Manager Dominic Lazzarett , Y _ 06. . �---- Date Attest: ity C er . Contractor's License: Approved as to Form: Class �' I By. S n P. Deitsch, City Attorney Number CONTRACT -4 GB -STATE &LOCAL (50515071660) (7124100 (PROJECT NO. 14820412) EXHIBIT "A" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et sea. 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: By: Signature: Name: Title: Date: Vargas Olson Enterprises, Inc. RVPUB\DRD \570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00)