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(PROJECT NO. 41852213)
CONTRACT FOR THE
CITY OF ARCADIA
MISCELLANEOUS TRAFFIC SIGNAL IMPROVEMENTS
1. PARTIES AND DATE.
This Contract is made and entered into this day of 2012, by and
between the CITY OF ARCADIA (hereinafter called the "Owner ") and P O TECH ENGINEERING
(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 September 2012,
has submitted a bid proposal for construction the MISCELLANEOUS TRAFFIC SIGNAL
IMPROVEMENTS 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 November 7, 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"
- Specifications
Part "E"
- Drawings (under separate cover)
Part "F"
- Performance Bond
Part "G"
- Payment Bond
Part "H"
- Escrow Agreement for Security
Deposits (optional)
RVPUB\DRD\57001 5 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. 41852213)
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
labor, materials, tools, equipment, services, and incidental and customary work forthe construction
necessary to fully and adequately complete MISCELLANEOUS TRAFFIC SIGNAL
IMPROVEMENTS PROJECT, including any alternates selected by the Owner, and all structures
and facilities described in the Contract (hereinafter the "Work "), for a total of FORTY SEVEN
THOUSAND EIGHT HUNDRED EIGHTY DOLLARS AND ZERO CENTS ($47,880), 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.
RVPUB\DRD \570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. 41852213)
3.4 Period of Performance.
Contractor shall perform and complete all Work under this Contract within 30 calendar 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
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 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
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.
RVPUB\DRD \570015 CONTRACT-3 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. 41852213)
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
Ro tee A 0-129- loarA
Attn:
Amir-
Owner
City of Arcadia
240 West Huntington Drive
Arcadia CA 91007
Attn: Philip A. Wray
City Engineer
Su
r�
�.5 nalcn.
Attn: Pat Lk0it^-
With Copies To:
Attn:
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: %ems
Name
i 01 WE
' -I I I=
Tax I. D. Number.
33 -
Number
Contractor's License:
Class
CITY OF ARCADIA
By:
Dominic Lazzaretto, City Manager
Date
Attest.
By:
City Clerk
Approved as to Form:
73/.35 By:
Number
RVPUB\DRD \570015 CONTRACT-4
Stephen P. Deitsch, City Attorney
GB - STATE & LOCAL (505/507/660) (7/24/00)
CONTRACTOR
By:
Narrje
Title
13y:
Name
Title
Tax L D. Number-
3,5
- 071070/y�
Number
Approved as to Form: %
By:
Stephen P. Deitsch, City Attorney
CITY OF ARCADIA
Dominic Lazza ,City Manager
Date
Attest:
./J. A.1jAA1J,. A: Lk
By:
ty irk �—
Contractor's License:
Number 733-4 5 4CD
Class if — //Q
(PROJECT NO. 41852213)
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. 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: PRO TECH ENGINEERING
Signature:
Name: ddl 11C M /C1U10TF.5
Title: J'ge -6., oe�L r/
Date:
'VPUB\DRD \570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00)
RECORDING REQUESTED BY
CITY OF ARCADIA
AND WHEN RECORDED MAIL TO
NAME Phil Wray, City Engineer
CITY OF ARCADIA
STREET 240 WEST HUNTINGTON DR
PO BOX 60021
CITY ARCADIA, CA 91066 -6021
STATE
ZIP
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is CITY OF ARCADIA.
3. The full address of the owner is 240 WEST HUNTINGTON DRIVE, ARCADIA CALIFORNIA 91007
4. The nature of the interest or estate of the owner is: In fee.
(if other than Fee, strike "In fee" an insert, for example, "purchaser under contract of purchase," or "Lessee ")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in
common are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent
to the commencement of the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on
Mi Rr`P11An PrN1R Traffic Slaa1 Improvements
Mav 7
.2013
The work done was:
8. The names of the contractor, if any, for such work of improvement was Pro
Tech Engineering
Corp.
(If no contractor for work of improvement as a whole, insert "None ") (Date of Contract) f AR
�,IJF'ORXI
9. The property on which said work of improvement was completed is in the City of ARCADIA. ^ ..
County of LOS ANGELES, State of CA, and is described as follows: Va=e�s? e6at=es
e
0m ry o, NoP
10. The street address of said property is
Dated May R 201 3
(If no street
officia
ed, insert 'None ",)
City of
Arcadia
Si nature of Owner or corporate icer of Owner named in paragraph 2, or his agent
Phi Wray, City En eer
VERIFICATION
I, the undersigned, say: I am the CITY OF ARCADIA City Engineer the declarant of the foregoing Notice of Completion;
(President of, Manager of, Partner of, Owner of, etc )
have read said Notice of Completion and know the contents thereof, the same is true to my knowledge, I declare under penalty of
perjury that the foregoing is true and correct.
Executed on May 8 201 3 at I CALIFO NIA.
V. _
is swearing that the contents of the Notice of Completion are true)
Phil Wray, City Engineer