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HomeMy WebLinkAboutC-4011 I (PROJECT NO. 41854216&41856216) CONTRACT FOR THE CITY OF ARCADIA • DUARTE ROAD ARTERIAL REHABILITATION PROJECT No.41854216 ARTERIAL STREETS MISCELLANEOUS MINOR REPAIRS PROJECT No.41856216 1. PARTIES AND DATE. This Contract is made and entered into this � day of 201 by and between the CITY OF ARCADIA (hereinafter called the "Owner") and I SULLY MILLER CONTRACTING COMPANY (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 October 2016, has submitted a bid proposal for construction the Duarte Road Arterial Rehabilitation and Arterial. Streets Miscellaneous Minor Repairs projects 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 December 13, 2016. 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 RVPUB\ORD\570015 CONTRACT- 1 GB-STATS&LOCAL(505/507/660)(7/24/00) I (PROJECT NO. 41854216 &41856216) 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) f. ADDENDUM NO. 1 dated October 26, 2016. 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 I 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. I 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 necessary to fully and adequately complete Duarte Road Arterial Rehabilitation and Arterial Streets Miscellaneous Minor Repairs projects, including any alternates selected by the Owner, and all structures and facilities described in the Contract(hereinafter the'Work"),for a total of FIVE HUNDRED SIXTY THOUSAND TWENTY TWO DOLLARS AND ZERO CENTS ($560,022.00), 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,accor- dance with the applicable terms of this Contract. All Work shall be subject to, and performed in ` accordance with the above referenced documents. 1 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 I Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. RVPUB\ORD\570015 CONTRACT-2 GB-STATE&LOCAL(505/507/660)(7/24/00) (PROJECT NO. 41854216 &41856216) 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within 45 working 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 One Thousand Dollars ($1,000) 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) Ik • 1 (PROJECT NO.-41854216&41856216) • I _ 3.9 Notices. All notices hereunder and communications regarding interpretation of the terms of the 1 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 Surety Sully Miller Contracting Co. a 44 LIBERTY MUTUAL ROAD,STE 750E CINCINNATI,OH 45236 135 S. State College Blvd.#400 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Brea, CA. 92821 300 I P ERPACE PARKWAY,MORRIS CORP I,BUILDING B/C 07054 Attn: TRAVIS CLAUSEN Attn: KELLEY BROWN-LIBERTY MUTUAL INSURANCE COMPANY 1 OPERATIONS MANAGER PAUL M.McCARTHY-FIDELITY AND DEPOSIT COMPANY OF MARYLAND Owner , With Copies To: • • City of Arcadia 240 West Huntington Drive ' • Arcadia CA 91007 " Attn: Philip A. Wray Attn: City 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. CONTRACTOR CITY OF ARCADIA _ By By: Name Dominic Lazzar , City Manager DENNIS GANSEN VICE PRESIDENT �p JU() •, LI-) 2O» Title I ' Date By: ._ _ Attest: ; Nam- T r�n,, 1 I , i °° RAYMOND SANCHEZ,ASST.SECRETARY By: /' v/,/ I _;;I i1, Title City c Tax I.D. Number: Contractor's License: t• 33-0787630 Number 747612 Number Class A Approved as to Form: By: (�Y_• 6-6C414-4 1 Stephen P. Deitsch, City Attorney • I RVPUBIDRD\570015 CONTRACT-4 GB-STATE&LOCAL(505/507/660)(7/24/00) il • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 C d a t�t i a •.s�•..sg,..t.,_v._c>_c a.c am Y.a..a �c� A�•a s.-s i._c..n..-c n.._v t w...a i..-v._wL�L� •_w¢_s■e. ..a ...,....cam.cam.c., ....vo1_ rl A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. II State of California ) County of Orange ) (I On December 22.2016 before me, M. Sykes, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Dennis Gansen & Raymond Sanchez Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ' Try. M. SYKES Sci(itz.) ':'"\. Signature COMM#2164981 s w;`* .`ai NOTARY PUBLIC CALIFORNIA Signature otary Public a‘,4,- /)' ORANGE COUNTY = M.Sykes, Notary Publilc ;r,r:: My Commission Expires Oct.15,2020 Place Notary Seal Above , OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Contract Document Date: December 21,2016 Number of Pages: 1 Signer(s) Other Than Named Above: None t' Capacity(ies) Claimed by Signer(s) [, Signer's Name: Dennis Gansen Signer's Name: Raymond Sanchez X Corporate Officer — Title(s): Vice President ►:' Corporate Officer — Title(s): Asst.Secretary ❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: LI Other: Signer Is Representing: Sully-Miller Contracting Signer Is Representing: Sully-Miller Contracting Company Company -./.`.:�.-'e'�t/.�✓.ms's:'-,ate"-�'�✓.:\✓"�'T�5�6'✓ erg.'�1. .'+iy..'e�.�-✓.'-✓'��.'-'✓^'y'.Ytic%5VG'�.Ld.'�- �d-y.'y y'�y•-yA.�v ,✓6' ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 i I CERTIFICATE OF INCUMBENCY AND.RESOLUTION I, Anthony L. Martino, II, do hereby certify that I am the Secretary of Sully-Miller Contracting Company,a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. ii And I do hereby further certify that the following persons are duly elected officers of said t corporation. TITLE NAME I� Chairman Of The Board John Harrington President David Martinez Vice President, Chief Financial Officer and Treasurer Timothy P. Orchard Vice President of Operations . William Joseph Thomas Boyd Vice President Scott Bottomley Vice President Dennis Gansen Secretary Anthony L.Martino II f Assistant Secretary Jae Won Assistant Secretary f Raymond Sanchez 1 I I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on December 10, 2015, and that this i resolution has not been in any way rescinded, annulled, or revoked but the same is still in full i I force and effect: 1 I "BID TENDERS: GENERAL I RESOLVED, that any officer of the Corporation be and they hereby are authorized in the name and on behalf of the Corporation, under its corporate seal i or otherwise (i) to prepare proposals and bids for the supplying of construction i materials and the performance by itself or in joint venture, of work-of whatsoever nature in connection with the construction or paving of highways, roads and airports and in connection with earthworks and civil engineering projects of all kinds,together with all work incidental thereto, (ii)to execute and submit any and all such proposals and bids to any governmental authority, instrumentality, or I agency of the United States, its several states, territories and possessions, 1 including without limitation, any municipality or other political or corporate subdivision thereof, and to any corporation, partnership, sole proprietorship, or i other business entity, (iii).in connection with any such submission, to deliver bid deposits or bonds as may be required and (iv) to execute and deliver definitive agreements binding the Corporation to perform work in accordance with any proposals and bids authorized hereby." IN WITNESS WHEREOF,I have hereunto set my.hand and affixed the corporate seal this 18th 1 [ day of January 2016. 1 111 (SEAL) Anthony L. amino,II � Secretary III Sully-Miller Contracting Company 135 S. State College Blvd., Ste. 400 Ill Brea, CA 92821 1 b r (PROJECT NO.41854216&41856216) 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 ••l Worker's Compensation orto undertake self-insurance in accordance with the provisions of Ithe Code. I agree to and will comply with such provisions before commencing the Work governed by this Contract. CONTRACTOR: Name of Contractor: SULLY MILLER CONTRACTING COMPANY b By: Signature: • Name: DENNIS GANSEN Title: VICE PRESIDENT Date: DECEMBER 21.2016 • RVPUB\DRD\570015 CONTRACT(EXHIBIT A) GB-STATE&LOCAL(505/507/660)(7/24/00)