HomeMy WebLinkAboutC-2900�ioo -q0
C L°►ov
CITY OF ARCADIA
SHORT -FORM CONSTRUCTION CONTRACT
Conference Room & DSD /Building Division
1. PARTIES AND DATE.
This Contract is made and entered into this day of ' 4 j! 2014 by
and between the CITY OF ARCADIA, a municipal organization organized under the laws of the
State of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91007 ( "City ") and VARGAS OLSON ENTERPRISES, INC., a California corporation,
with its principal place of business at 205 North Aspan Ave., #3, Azusa, CA. 91702
( "Contractor "). City and Contractor are sometimes individually referred to as "Party" and
collectively as "Parties." City and Contractor are sometimes individually referred to as "Party"
and collectively as "Parties" in this Contract.
2. RECITALS.
2.1 Cam. City is a municipal corporation organized under the laws of the State of
California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the
provision of certain construction services required by the City on the terms and conditions set
forth in this Contract. Contractor represents that it is experienced in providing cabinet
construction services to public clients, that it and its employees or subcontractors have all
necessary licenses (Class A- General Engineering) and permits to perform the Services in the
State of California, and that is familiar with the plans of City.
2.3 Project. City desires to engage Contractor to render such services for the
CONFERENCE ROOM & DSD /BUILDING DIVISION project ( "Project ") as set forth in this
Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, General Liability Insurance Certificate with an Additional Insured
Endorsement, Automobile Liability Insurance Certificate with an Additional Insured
Endorsement, Workers Compensation Insurance Certificate and Waiver of Subrogation as
required by the Contract.
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: Bid schedule items, technical
specifications and plan.
3.2 Contractor's Basic Obligation; Scope of Work. 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 necessary to fully and adequately complete the
Project, including all structures and facilities necessary for the Project or described in the
Contract (hereinafter sometimes referred to as the "Work "), for a Total Contract Price as
specified pursuant to this Contract. All Work shall be subject to, and performed in accordance
with the above referenced documents, as well as the exhibits attached hereto and incorporated
herein by reference. The Bid Schedule Items and technical specifications and plan for the Work
are further described in Exhibit "A" attached hereto and incorporated herein by this reference.
3.3 Change in Scope of Work. Any change in the scope of the Work, method of
performance, nature of materials or price thereof, or any other matter materially affecting the
performance or nature of the Work shall not be paid for or accepted unless such change,
addition or deletion is approved in advance and in writing by a valid change order executed by
the City.
3.4 Period of Performance and Liquidated Damages. Contractor shall perform and
complete all Work under this Contract within seven (7) calendar days, beginning the effective
date of the Notice to Proceed ( "Contract Time "). Contractor shall perform its Work in strict
accordance with any completion schedule, construction schedule or project milestones
developed by the City. Such schedules or milestones may be included as part of Exhibits "A" or
"B" attached hereto, or may be provided separately in writing to the Contractor. Contractor
agrees that if such Work is not completed within the aforementioned Contract Time and /or
pursuant to any such completion schedule, construction schedule or project milestones
developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed
that the City will suffer damage. Since it is impractical and infeasible to determine the amount of
actual damage, it is agreed that the Contractor shall pay to the City as fixed and liquidated
damages, and not as a penalty, the sum of two hundred fifty dollars ($250.00) per day for each
and every calendar day of delay beyond the Contract Time or beyond any completion schedule,
construction schedule or Project milestones established pursuant to the Contract.
3.5 Standard of Performance; Performance of Employees. 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 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, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Contract. As provided for in the indemnification
provisions of this Contract, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any work necessary to correct errors or omissions which are
caused by the Contractor's failure to comply with the standard of care provided for herein. Any
employee who is determined by the City to be uncooperative, incompetent, a threat to the safety
of persons or the Work, or any employee who fails or refuses to perform the Work in a manner
acceptable to the City, shall be promptly removed from the Project by the Contractor and shall
not be re- employed on the Work.
3.6 Control and Payment of Subordinates; Contractual Relationship. City retains
Contractor on an independent contractor basis and Contractor is not an employee of City. Any
additional personnel performing the work governed by this Contract on behalf of Contractor shall
at all times be under Contractor's exclusive direction and control. Contractor shall pay all
wages, salaries, and other amounts due such personnel in connection with their performance
under this Contract and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.
3.7 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.
3.8 Compensation and Payment.
3.8.1 Amount of Compensation. As consideration for performance of the Work
required herein, City agrees to pay Contractor the Total Contract Price of Twenty one
thousand two hundred forty seven dollars and Zero Cents ($21,247.00) ( "Total Contract
Price ") provided that such amount shall be subject to adjustment pursuant to the applicable
terms of this Contract or written change orders approved and signed in advance by the City.
3.8.2 Payment of Compensation. City shall review and pay all progress
payment requests in accordance with the provisions set forth in Section 20104.50 of the
California Public Contract Code. No progress payments will be made for Work not completed in
accordance with this Contract.
3.8.3 Contract Retentions. [Intentionally Omitted]
3.8.4 Other Retentions. [Intentionally omitted]
3.8.5 Substitutions for Contract Retentions. [Intentionally omitted]
3.8.6 Payment to Subcontractors. Contractor shall pay all subcontractors for
and on account of work performed by such subcontractors in accordance with the terms of their
respective subcontracts and as provided for in Section 10262 of the California Public Contract
Code. Such payments to subcontractors shall be based on the measurements and estimates
made and progress payments provided to Contractor pursuant to this Contract.
3.8.7 Title to Work. As security for partial, progress, or other payments, title to
Work for which such payments are made shall pass to the City at the time of payment. To the
extent that title has not previously been vested in the City by reason of payments, full title shall
pass to the City at delivery of the Work at the destination and time specified in this Contract.
Such transferred title shall in each case be good, free and clear from any and all security
interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge,
hypothecate, or otherwise encumber the items in any manner that would result in any lien,
security interest, charge, or claim upon or against said items. Such transfer of title shall not
imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply
with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to
items.
3.9 Termination. This Contract may be terminated by City at any time by giving
Contractor three (3) days advance written notice. In the event of termination by City for any
reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to
that time as provided herein. In the event of breach of the Contract by Contractor, City may
terminate the Contract immediately without notice, may reduce payment to the Contractor in the
amount necessary to offset City's resulting damages, and may pursue any other available
recourse against Contractor. Contractor may not terminate this Contract except for cause.
In the event this Contract is terminated in whole or in part as provided, City may procure,
upon such terms and in such manner as it may determine appropriate, services similar to those
terminated. Further, if this Contract is terminated as provided, City may require Contractor to
provide all finished or unfinished documents, data, diagrams, drawings, materials or other
matter prepared or built by Contractor in connection with its performance of this Contract.
3.10 Completion of Work. When the Contractor determines that it has completed the
Work required herein, Contractor shall so notify City in writing and shall furnish all labor and
material releases required by this Contract. City shall thereupon inspect the Work. If the Work
is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions
or items of Work, which are unsatisfactory or incomplete. Once Contractor determines that it
has completed the incomplete or unsatisfactory Work, Contractor may request a re- inspection
by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract
Price remaining to be paid, less any amount, which City may be authorized or directed by law to
retain. Payment of retention proceeds due to Contractor shall be made in accordance with
Section 7107 of the California Public Contract Code.
3.11 City's Representative. The City hereby designates Jason Kruckeberg, Assistant
City Manager /Development Services Director, or his designee, to act as its representative for
the performance of this Contract ( "City's Representative "). City's Representative shall have the
power to act on behalf of the City for all purposes under this Contract. Contractor shall not
accept direction or orders from any person other than the City's Representative or his or here
designee.
3.12 Contractor's Representative. Before starting the Work, Contractor shall submit in
writing the name, qualifications and experience of its proposed representative who shall be
subject to the review and approval of the City ( "Contractor's Representative "). Following
approval by the City, the Contractor's Representative shall have full authority to represent and
act on behalf of the Contractor for all purposes under this Contract. The Contractor's
Representative shall supervise and direct the Work, using his best skill and attention, and shall
be responsible for all construction means, methods, techniques, sequences and procedures and
for the satisfactory coordination of all portions of the Work under this Contract. Contractor's
Representative shall devote full time to the Project and either he or his designee, who shall be
acceptable to the City, shall be present at the Work site at all times that any Work is in progress
and at any time that any employee or subcontractor of Contractor is present at the Work site.
Arrangements for responsible supervision, acceptable to the City, shall be made for emergency
Work that may be required. Should Contractor desire to change its Contractor's Representative,
Contractor shall provide the information specified above and obtain the City's written approval.
3.13 Contract Interpretation. Should any question arise regarding the meaning or
import of any of the provisions of this Contract or written or oral instructions from City, the matter
shall be referred to City's Representative, whose decision shall be binding upon Contractor.
3.14 Loss and Damage. Contractor shall be responsible for all loss and damage
which may arise out of the nature of the Work agreed to herein, or from the action of the
elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Work until the same is fully completed and accepted by City. However,
Contractor shall be responsible for damage proximately caused by Acts of God, within the
meaning of Section 4150 of the California Government Code, only to the extent of five percent
(5 %) of the Total Contract Price as specified herein. In the event of damage proximately
caused by "Acts of God," the City may terminate this Contract upon three (3) days advanced
written notice.
3.15 Indemnification. To the fullest extent permitted by law, the Contractor shall
defend, indemnify and hold harmless the City, its respective officials, officers, agents,
employees, and representatives ( "Indemnitees ") from any and all claims, demands, causes of
action, costs, expenses, liabilities, losses, damages (including without limitation the payment of
all consequential damages and attorneys fees and other related costs and expenses) or injuries,
in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to
tangible property or persons (including wrongful death, accidents or injuries arising from the
alleged failure to inspect or to maintain traffic controllers or traffic signals, injuries or damages
occurring during the transport of products or in rendering services under the Contract
Documents, such as automobile accidents, trip /slip and fall accidents and third party assaults)
arising out of or resulting from the performance of the Work or this Contract (including claims
made by subcontractors for nonpayment), to the extent that the acts, omissions or willful
misconduct are attributable to the Contractor or anyone employed directly or indirectly by any of
them. Contractor shall defend, at Contractor's own cost, expense and risk, with legal counsel of
Indemnitee's choosing, any and all such aforesaid suits, actions or other legal proceedings of
every kind that may be brought or instituted against the City, its respective officials, officers,
agents, employees and representatives. To the extent of its liability, Contractor shall pay and
satisfy any judgment, award or decree that may be rendered against the City and its respective
officials, officers, agents, employees, and representatives, in any such suit, action or other legal
proceeding. Contractor shall reimburse the City and its respective officials, officers, agents,
employees, and representatives for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. The only limitations
on this provision shall be those imposed by Civil Code section 2782.
3.16 Insurance.
3.16.1 Time for Compliance. Contractor shall not commence Work under
this Contract until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Contractor shall not allow any subcontractor
to commence work on any subcontract until it has provided evidence satisfactory to the City that
the subcontractor has secured all insurance required under this section.
3.16.2 Minimum Requirements. Contractor shall, at its expense, procure
and maintain for the duration of the Contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the Work
hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same
insurance for the duration of the Contract. Such insurance shall meet at least the following
minimum levels of coverage:
3.16.2.1 Minimum Scope of Insurance. Coverage shall be
at least as broad as the latest version of the following: (1) General Liability: Insurance Services
Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile
Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1
(any auto); and (3) Workers' Compensation and Employers' Liability: Workers' Compensation
insurance as required by the State of California and Employer's Liability Insurance. (4)
Builders %All Risk. [Not applicable].
3.16.2.2 Minimum Limits of Insurance. Contractor shall
maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply separately
to this Contract/location or the general aggregate limit shall be twice the required occurrence
limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3)
Workers' Compensation and Employer's Liability: Workers' compensation limits as required by
the Labor Code of the State of California. Employers Liability limits of $1,000,000 per accident
for bodily injury or disease; and (4) Builders %AII Risk: [Not applicable].
3.16.3 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Contractor shall provide endorsements on forms supplied or approved
by the City to add the following provisions to the insurance policies:
3.16.3.1 General Liability. (1) The City, its directors, officials,
officers, employees, agents and volunteers shall be covered as additional insureds with
respect to the Work or operations performed by or on behalf of the Contractor, including
materials, parts or equipment furnished in connection with such work; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Contractor's scheduled underlying coverage. Any insurance or self- insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall
be excess of the Contractor's insurance and shall not be called upon to contribute with it.
3.16.3.2 Automobile Liability. (1) The City, its directors, officials,
officers, employees, agents and volunteers shall be covered as additional insureds with
respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned,
leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2)
the insurance coverage shall be primary insurance as respects the City, its directors, officials,
officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of
coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self -
insurance maintained by the City, its directors, officials, officers, employees, agents and
volunteers shall be excess of the Contractor's insurance and shall not be called upon to
contribute with it in any way.
3.16.3.3 Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, employees, agents and volunteers for losses paid under the terms of the insurance
policy, which arise from work performed by the Contractor.
3.16.3.4 All Coverages. Each insurance policy required by this
Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (2) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers, employees, agents and volunteers.
3.16.4 Builders'/All Risk Policy Requirements. [Intentionally Omitted]
3.16.5 Separation of Insureds; No Special Limitations. All insurance
required by this Section shall contain standard separation of insureds provisions. In addition,
such insurance shall not contain any special limitations on the scope of protection afforded to
the City, its directors, officials, officers, employees, agents and volunteers.
3.16.6 Professional Liability Insurance. [Intentionally Omitted]
3.16.7 Deductibles and Self- Insurance Retentions. Any deductibles or
self- insured retentions must be declared to and approved by the City. Contractor shall
guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such
deductibles or self- insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.16.8 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating no less than A:VII, licensed or approved to do business in
California, and satisfactory to the City.
3.16.9 Verification of Coverage. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Contract on
forms satisfactory to the City. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on
forms supplied or approved by the City. All certificates and endorsements must be received and
approved by the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
3.16.10 Subcontractors. All subcontractors shall meet the requirements of this
Section before commencing Work. In addition, Contractor shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
3.17 Bond Requirements. [Intentionally Omitted]
3.18 Safety. Contractor shall execute and maintain its work so as to avoid injury or
damage to any person or property. Contractor shall comply with the requirements of the
specifications relating to safety measures applicable in particular operations or kinds of work. In
carrying out its Work, the Contractor shall at all times be in compliance with all applicable local,
state and federal laws, rules and regulations, and shall exercise all necessary precautions for
the safety of employees appropriate to the nature of the Work and the conditions under which
the Work is to be performed. Safety precautions as applicable shall include, but shall not be
limited to, adequate life protection and life saving equipment; adequate illumination for
underground and night operations; instructions in accident prevention for all employees, such as
machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space
procedures, trenching and shoring, fall protection and other safety devices, equipment and
wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and
adequate facilities for the proper inspection and maintenance of all safety measures.
Furthermore, Contractor shall prominently display the names and telephone numbers of at least
two medical doctors practicing in the vicinity of the Project, as well as the telephone number of
the local ambulance service, adjacent to all telephones at the Project site.
3.19 Warranty. Contractor warrants all Work under the Contract (which for purposes
of this Section shall be deemed to include unauthorized work which has not been removed and
any non - conforming materials incorporated into the Work) to be of good quality and free from
any defective or faulty material and workmanship. Contractor agrees that for a period of one
year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into the Work,
whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after
being notified in writing by the City of any defect in the Work or non - conformance of the Work to
the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms
of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the
City in response to an emergency. In addition, Contractor shall, at its sole cost and expense,
repair and replace any portions of the Work (or work of other contractors) damaged by its
defective Work or which becomes damaged in the course of repairing or replacing defective
Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work
shall be reinstated for an additional one -year period, commencing with the date of acceptance
of such corrected Work. Contractor shall perform such tests as the City may require verifying
that any corrective actions, including, without limitation, redesign, repairs, and replacements
comply with the requirements of the Contract. All costs associated with such corrective actions
and testing, including the removal, replacement, and reinstitution of equipment and materials
necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and
guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the
Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of
the City, regardless of whether or not such warranties and guarantees have been transferred or
assigned to the City by separate agreement and Contractor agrees to enforce such warranties
and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform
its obligations under this Section, or under any other warranty or guaranty under this Contract,
to the reasonable satisfaction of the City, the City shall have the right to correct and replace any
defective or non - conforming Work and any work damaged by such work or the replacement or
correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse
the City for any expenses incurred hereunder upon demand.
3.20 Laws and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Contract or the Work, including all Cal /OSHA requirements, and shall
give all notices required by law. Contractor shall be liable for all violations of such laws and
regulations in connection with Work. If the Contractor observes that the drawings or
specifications are at variance with any law, rule or regulation, it shall promptly notify the City in
writing. Any necessary changes shall be made by written change order. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, the Contractor shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with
such laws, rules or regulations.
3.20.1 Immigration Reform and Control Act. Contractor acknowledges that
Contractor, and all subcontractors hired by Contractor to perform services under this
Agreement, are aware of and understand the Immigration Reform and Control Act ( "IRCA ").
Contractor is and shall remain in compliance with the IRCA and shall ensure that any
subcontractors hired by Contractor to perform services under this Agreement are in compliance
with the IRCA. In addition, Contractor agrees to indemnify, defend and hold harmless the City,
its agents, officers and employees, from any liability, damages or causes of action arising out of
or relating to any claims that Contractor's employees, or the employees of any subcontractor
hired by Contractor, are not authorized to work in the United States for Contractor or its
subcontractor and /or any other claims based upon alleged IRCA violations committed by
Contractor or Contractor's subcontractor(s).
3.21 Permits and Licenses. Contractor shall be responsible for securing City permits
and licenses necessary to perform the Work described herein, including, but not limited to, a
City Business License. While Contractor will not be charged a fee for any City permits,
Contractor shall pay the City's applicable business license fee.
3.22 Trenching Work. [Intentionally Omitted]
3.23 Hazardous Materials and Differing Conditions. [Intentionally Omitted]
3.24 Underground Utility Facilities. [Intentionally Omitted]
3.25 Prevailing Wages. Not required.
3.26 Apprenticeable Crafts. [Intentionally Omitted]
3.27 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a
legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit
a penalty of $25.00 per worker for each day that each worker is permitted to work more than
eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except
when payment for overtime is made at not less than one and one -half (1 -1/2) times the basic
rate for that worker.
3.28 Payroll Records. In accordance with the requirements of California Labor Code
Section 1776, Contractor shall keep accurate payroll records which are either on forms provided
by the Division of Labor Standards Enforcement or which contain the same information required
by such forms. Responsibility for compliance with California Labor Code Section 1776 shall rest
solely with Contractor, and Contractor shall make all such records available for inspection at all
reasonable hours.
3.29 Contractor's Labor Certification. By its signature hereunder, Contractor certifies
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, which is attached to this Contract as Exhibit "C" and incorporated herein by reference,
shall be executed simultaneously with this Contract.
3.30 Labor and Material Releases. Contractor shall furnish City with labor and
material releases from all subcontractors performing work on, or furnishing materials for, the
work governed by this Contract prior to final payment by City.
3.31 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other
interests protected by the State or Federal Constitutions. Such non - discrimination shall include,
but not be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
3.32 Anti -Trust Claims. This provision shall be operative if this Contract is applicable
to California Public Contract Code Section 7103.5. In entering into this Contract to supply
goods, services or materials, the Contractor hereby offers and agrees to assign to the City all
rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section
16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of
goods, services, or materials pursuant to the Contract. This assignment shall be made and
become effective at the time the City tender final payment to the Contractor, without further
acknowledgment by the Parties.
3.33 Notices. All notices hereunder and communications regarding interpretation of
the terms of the Contract or changes thereto shall be provided by the mailing thereof by
registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
City
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066 -6021
Attn: Philip A. Wray
City Engineer
Contractor
Vargas Olson Enterprises Inc.
205 N. Aspan Ave., #3
Azusa, CA. 91702
Attn: Patrick Vargas
President
Any notice so given shall be considered received by the other Party three (3) days after deposit
in the U.S. Mail as stated above and 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.
3.34 Entire Contract; Modification. This Contract contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Contract may only be modified by a writing signed by both
Parties.
3.35 Time of Essence. Time is of the essence in the performance of this Contract.
3.36 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law,
assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor
herein without the prior written consent of City. If Contractor attempts an assignment or transfer
of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate
and revoke the Contract and shall thereupon be relieved from any and all obligations to
Contractor or its assignee or transferee.
3.37 Governing Law. This Contract shall be governed by the laws of the State of
California. Venue shall be in Los Angeles County.
3.38 Counterparts. This Contract may be executed in counterparts, each of which
shall constitute an original.
3.39 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.
3.40 Attorneys' Fees. If either Party commences an action against the other Party,
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.
3.41 Claims of $375,000 or Less. Notwithstanding any other provision herein, claims
of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures
set forth in California Public Contract Code §§ 20104, et seq.
3.42 Prohibited Interests.
3.42.1 Solicitation. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Contract. For
breach or violation of this warranty, City shall have the right to terminate this Contract without
liability.
3.42.2 Conflict of Interest. For the term of this Contract, no member, officer or
employee of City, during the term of his or her service with City, shall have any direct interest in
this Contract, or obtain any present or anticipated material benefit arising therefrom.
3.43 Certification of License. Contractor certifies that as of the date of execution of
this Contract, Contractor has a current contractor's license of the classification indicated below
under Contractor's signature.
IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed
on the day and year first above written.
[SIGNATURES ON NEXT PAGE]
VARGAS OLSO ENTERPRISES, INC.
By:
Name
V4,
,Sec -
Title
By:
Name \ pp
Title
Tax I. D. Number:
a5 -bleb �3t14gS
Number
Approved as to Form:
By.
Steph n P. Deitsch, City Attorney
CITY OF ARCADIA
By: '
Dominic azzarett i y Manager
Date
Attest:3
f !
By. haldv,I
City Plerk lc�4
Contractor's License:
Number
Class
EXHIBIT "A"
SCOPE OF SERVICES
CONFERENCE ROOM CONVERSION TO OPEN WORK STATION AREA:
1. Demo and dispose of 330 square feet of metal stud and drywall, sound wall
pangels, 288 square feet of act grid and tile (salvage tile for reuse).
2. Safe off electrical, FS and low voltage.
3. Salvage all equipment for reuse.
4. Rework electrical to relocate existing light switches, new locations to be
determined. Work to include three (3) each quad outlets and voltage boxes and
sleeves.
5. Rework fire sprinklers to raise, lower and /or align affected drops.
6. Rework /realign existing HVAC supply and return ducting.
7. Supply and install 288 square feet of new ceiling grid and tile to match closely
with existing.
8. Supply and install miscellaneous wood base.
9. Patch, prime, and paint affected walls.
10. Repair owner suppluied carpet tiles.
OLD CITY ATTORNEY OFFICE / NEW CONFERENCE ROOM:
1. Demo existing book shelves and haul away.
2. Patch, prime and paint affected walls to match closely with existing.
3. Provide miscellaneous carpentry at window sill and base.
4. Relocate DSD signage.
5. Repair carpet using owner's supplied attick stock.
BUILDING DIVISION BOOKSHELF AND BASE CABINET:
1. Construct, stain and install one 30" H X 64" W X 24" H base cabinet and one 66"
H X 64" W X 16" D upper cabinet.
RVPUBWGS \557201
EXHIBIT "B"
SPECIAL CONDITIONS
None
RVPUB\NGS \557201
B-1
EXHIBIT "C"
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, and I, the undersigned Contractor, agree to and will comply with
such provisions before commencing the performance of the Work on this Contract.
VARGAS OLSON ENTERPRISES, INC_
By: qa_�
NAME
y . P, � SR-�
TITLE
RVPUB\NGS \557201
C-1