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CONTRACT FOR THE
CITY OF ARCADIA
WATER MAIN REPLACEMENT PROJECT
(PROJECT NO. 65720513)
�100-��,
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1. PARTIES AND DATE.
This Contract is made and entered into this day of rdLA , 203, by and
between the CITY OF ARCADIA (hereinafter called the "City ") and DOMINGUEZ GENERAL
ENGINEERING, INC. (hereinafter called the "Contractor ").
2. RECITALS.
2.1 The City 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 City on April 29, 2013, has
submitted a bid proposal for construction the Water Main Replacement Project described in the
Contract.
2.3 City 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 June 11, 2013.
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
RVPUB\DRD \570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00)
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Part "F" - Performance Bond
Part "G" - Payment Bond
ADDENDUM NO. 1 dated May 16, 2013.
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 City 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 City all labor,
materials, tools, equipment, services, and incidental and customary work for the construction of Bid
Category number(s) Items 1 - 12 necessary to fully and adequately complete Water Main
Replacement Project, including any alternates selected by the City, and all structures and facilities
described in the Contract (hereinafter the "Work "), for a total of THREE HUNDRED TWENTY -FOUR
THOUSAND, FIFTY -FIVE DOLLARS AND NO CENTS, ($324,055.00), 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.
RVPUB\DRD \570015 CONTRACT-2 GB - STATE & LOCAL (50515071660) (7124100)
(PROJECT NO. 65720513)
3.4 Period of Performance.
Contractor shall perform and complete all Work under this Contract within Sixty (60)
Calendar Days, beginning ten (10) Calendar Days after the date on which the Notice to Proceed is
sent by the City 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 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 City will suffer
damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed
and liquidated damages the sum of Five Hundred Dollars ($500.00) per day as provided by the
applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix.
3.5 City's Basic Obligation.
City 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 City 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 City.
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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
Dominguez General Engineering, Inc.
3606 Strang Avenue
Rosemead, CA 91770
Attn: Adolfo Dominguez, President
City
City of Arcadia
240 W. Huntington Drive
P.O. Box 60021
Arcadia, CA 91066 -6021
Attn: Tiffany Lee, P.E., Project Engineer
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.
CITY OF ARCADIA
By:
Dominic Lazzare
City Manager
ATTE T:
By: at
City lerk
Approved as to Form:
By: �o r
Steph . D
City Attorney
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DOMINGUEZ GENERAL ENGINEERING, INC.
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Title 11:7
By:
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Title
CONTRACT-4 GB - STATE & LOCAL (505/507/660) (7/24/00)
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(PROJECT NO. 65720513)
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
rsi ned Contractor, am aware of the provisions of Section 3700 et se . of
I, the unde g
abor Code which require every employer to be insured against liability for
the California L rovisions of
Worker's Compensation or to undertake self - insurance in accordance with the p
the Code. I agree to and will comply with such provisions before commencing the Work
governed by this Contract.
RVpUB\DRD\570015
CONTRACTOR:
Name of Contractor: Domin uez General En ineerin Inc.
By: _Z� a_
Signature
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Name
Title
(� tfriz °�3
Date
CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00)
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CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angels
June 18,2013 before me, N.Dominguez, Notary Public
On (Here insert name and title of the officer)
personally appeared Adolfo Dominguez
who roved to me on the basis of satisfactory evidence to be the persons} whose name( is subscribed to
p executed the same in is authorized
the within instrument and acknowledged to me that
acit , and that by is ' signature(s) on the instrument the person(, or the entity upon behalf of
cap y(��
which the person(o acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of Californ ia that the foregoing paragraph
I fy , 41111111
is true and correct. N. DOMINGUEZ
COMM. # 1857083 z
RY p1J6LIC -CALIFORNIA
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WITNES my and and official seal. ? LOS ANGELES CWNn
. Ex ices July 9120113
My Comm. P
/ (Notary Seal)
Signature of Notary
ADDITIONAL OPTIONAL INFORMATION TING TMS FORM
DESCRIPTION OF THE ATTACHED DOCUMENT
Title or description
(Title or description of attached document)
Title or description continued
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
• Partner(s)
• Attorney -in -Fact
❑ Trustee(s)
❑ Other
2008 Version CAPA v12.10.07 800 - 873 -9865 www- NolaryClasses-com
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