HomeMy WebLinkAboutC-4054 (PROJECT NO. 33861017)
CONTRACT FOR THE C" L105 9-I
CITY OF ARCADIIA.
THIS CONTRACT is made this Zelday of 1.,1111e, , 2017, in the County of Los
Angeles, State of California, by and between the City of Arcadia, hereinafter called City, and MNR
Construction, Inc., hereinafter called Contractor. The City and the Contractor for the
considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated
the Contract and shall provide all labor, materials, equipment, tools, utility services, and
transportation to complete all of the Work required in strict compliance with the Contract Documents
as specified in Article 5 below for the following Project:
Huntington Drive Sewer Capacity Improvement Project— Phase 2; Project No: 33861017
The Contractor and its surety shall be liable to the City for any damages arising as a result of the
Contractor's failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
2.1 The Work shall be commenced on the date stated in the City's Notice to Proceed. The
Contractor shall complete all Work required by the Contract Documents within 90 calendar
days from the commencement date stated in the Notice to Proceed. By its signature
hereunder, Contractor agrees the time for completion set forth above is adequate and
reasonable to complete the Work.
2.2 Contractor shall coordinate the Work with the other work being performed on the Project, in
accordance with those schedules as may be issued from time to time during the
performance of the Work, and any other scheduling requirements listed in this Contract, so
as not to delay, impede, obstruct, hinder or interfere with the commencement, progress or
completion of the whole or any part of the Work or other work on the Project.
2.3 The Contractor shall participate and cooperate with the City in the development of schedules
and other efforts to achieve timely completion of the Work providing information for the
scheduling of the times and sequence of operations required for its Work ("Contractor
Schedule")to meet City's overall master project schedule requirements("Master Schedule").
The Contractor shall continuously monitor the Master Schedule so as to be fully familiar
with the timing, phasing and sequence of operations of the Work and of other work on the
Project, and shall execute the Work in accordance with the requirements of the Master
Schedule including any revisions thereto. The Contractor shall notify the Engineer within 48
hours of any slippage in the Contractor Schedule and shall submit a detailed recovery plan
to the Engineer for approval within five (5) calendar days of such notice.
2.4 Should the progress of the Work or of the Project be delayed disrupted, hindered,
obstructed, or interfered with by any fault or neglect or act or failure to act of the Contractor
or any of its officers, agents, servants, employees, subcontractors or suppliers so as to
cause any additional cost, expense, liability or damage to the City, the Engineer or any
consultants retained by the City for the Project, including legal fees and disbursements
incurred by the City, the Engineer, or the consultants retained by the City for the Project,
(whether incurred in defending claims arising from such delay or in seeking reimbursement
and indemnity from the Contractor and its surety hereunder or otherwise)or any damages or
additional costs or expenses for which the City, the Engineer or the consultants retained by
the City for the Project, may or shall become liable, the Contractor and its surety shall and
does hereby agree to compensate the City,the Engineer or the consultants retained by the
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ICity for the Project„for and indemnify them against all such costs,expenses,damages and
liability.
rected,
2.5 The City, in its sole discretion, may drect theC�ov dedrthat the Contractor is not into work overtime and, if so ldefault
the Contractor shall work said overtimeand,C
II under any of the terms or provisions of this Contract or of any of the other Contract
Documents, the City will pay the Contractor for such actual additional wages paid, if any, at
the prevailing wage rates plus taxes imposed by law on such additional wages, plus
workers' compensation insurance, liability insurance and levies on such additional wages if
111 required to be paid by the Contractor.
any
ult or
2.6 If, however, the progress of the
rof ther any of is officerrs,roject is delayed
agen sy servants, employees ,
11 act oor failure to act ofthe Contractor or
subcontractors or suppliers, then the Contractor shall, in addition to all of the other
obligations imposed by this Contract upon the Contractor in such case, and at its own cost
and expense, work such overtime as may be necessary to make up for all time lost in the
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completion of the Work and of the Project due to such delay. Should the Contractor fail to
t
make up for the time lost by reason alay, the Engineer or nd tot take whateverCotherity aa ton it deemll have the hs
to cause other contractors to work overtime
in necessary to avoid delay in the completion totherfthe Work and of the action shall be borne soleeyt, and the cost by the Cont actor.
expense of such overtime and/or
in
ion
ARTICLE 3. CONTRACT PRICE. The o any shall
addifions or deductionay to the s as provided nor as full t he Contract
Documents,
r
the performance of the Contract, subject
Documents, and including all applicable taxes RS AND NO CENTS ($274 051 00) PaEDmenEt shall be
Y-
FOUR THOUSAND, FIFTY-ONE DOLLA
ii 1made as set forth in the General Conditions.
111 ARTICLE 4. PAYMENTS
4.1 The City shall make monthly progress shall beayments lowing paid arsum 1pt of equal undisputed
ninety-five pec properly
III submitted payment requests. Contractor
(95%) of the value of Work performed up to the last day of the previous month, less the
aggregate of previous payments.
III it a final payment
4.2 The Contractor shall, after the full shalllbe subject to correct onof The Work, rrin the final est mate
application. All prior progress estimates
and payment.
IIII 4.3 Unless otherwise required by law, the final payment of five percent (5%) of the value of the
Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of
recordation of the Notice of Completion.
4.4 Acceptance by Contractor of the final payment shall constitute a waiver of all claims against
the City arising from this Contract.
e of
4.5 Payments to the Contractor shalfnot be construector of its obligationstbe an cundeathe Contract
ny defective
work or improper materials, or toel eve the Contra
Documents.
4.6 The Contractor shall submit with each payment request the Contractor's conditional waiver
of lien for the entire amount covered
Contractor andayment request, as all subcontractors and mat
l as a valid
unconditional waiver of lien from theter almen for
all work and materials included in any prior invoices. Waivers of lien shall be in the forms
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prescribed by California Civil Code sections 8132, 8134, 8136, and 8138. Prior to final
payment by the City, the Contractor shall submit a final waiver of lien for the Contractor's
111 work, together with releases of lien from any subcontractor or materialmen.
ARTICLE 5. PAYMENTS WITHHELD AND BACKCHARGES In addition to amounts which the
City may retain under other provisions of the Contract Documents the City may withhold payments
due to Contractor as may be necessary to cover:
a. Stop Notice Claims.
b. Defective work not remedied.
c. Failure of Contractor to make proper payments to its subcontractors or suppliers.
d. Completion of the Contract if there exists a reasonable doubt that the Work can be
completed for balance then unpaid.
e. Damage to another contractor or third party.
f. Amounts which may be due the City for claims against Contractor.
g. Failure of Contractor to keep the record ("as-built") drawings up to date.
h. Failure to provide updates on the construction schedule.
i. Site clean-up.
j. Failure of the Contractor to comply with requirements of the Contract Documents.
k. Liquated damages.
Legally permitted penalties.
Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs
charged to the Contractor, backcharges or payments withheld pursuant to the Contract Documents.
ARTICLE 6. CHANGES AND EXTRA WORK
6.1 The City, without invalidating the Contract, may order changes in the Work consisting of
additions, deletions or other revisions, the Contract amount and Contract time being
adjusted accordingly. All such changes in the Work shall be authorized by Change Order, in
the form attached hereto and incorporated herein as Exhibit "A," and shall be performed
under the applicable conditions of the Contract Documents. A Change Order signed by the
Contractor indicates the Contractor's agreement therewith, including any adjustment in the
Contract amount or the Contract time, and the full and final settlement of all costs (direct,
indirect and overhead) related to the Work authorized by the Change Order.
6.2 All claims for additional compensation to the Contractor shall be presented in writing before
the expense is incurred and will be adjusted as provided herein. No work shall be allowed
to lag pending such adjustment, but shall be promptly executed as directed, even if a
dispute arises. No claim will be considered after the work in question has been done unless
a written contract change order has been issued or a timely written notice of claim has been
made by Contractor. Contractor shall not be entitled to claim or bring suit for damages,
whether for loss of profits or otherwise, on account of any decrease or omission of any item
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or portion of Work to be done. Whenever any change is made as provided for herein, such
change shall be considered and treated as though originally included in the Contract, and
shall be subject to all terms, conditions and provisions of the original Contract.
6.3 Owner Initiated Change. The Contractor must submit a complete cost proposal, including
any change in the Contract time, within seven (7) Days after receipt of a scope of a
proposed change order, unless the City requests that proposals be submitted in less than
seven (7) Days.
6.4 Contractor Initiated Change. The Contractor must give written notice of a proposed change
order required for compliance with the Contract Documents within seven (7) Days of
discovery of the facts giving rise to the proposed change order.
6.5 Whenever possible, any changes to the Contract amount shall be in a lump sum mutually
agreed to by the Contractor and the City.
6.6 Price quotations from the Contractor shall be accompanied by sufficiently detailed
supporting documentation to permit verification by the City.
6.7 If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as
requested), the City has the right to order the Contractor in writing to commence the work
immediately on a force account basis and/or issue a lump sum change to the contract price
in accordance with the City's estimate of cost. If the change is issued based on the City
estimate, the Contractor will waive its right to dispute the action unless within fifteen (15)
Days following completion of the added/deleted work,the Contractor presents written proof
that the City's estimate was in error.
6.8 Estimates for lump sum quotations and accounting for cost-plus-percentage work shall be
limited to direct expenditures necessitated specifically by the subject extra work, and shall
be segregated as follows:
(a) Labor. The costs of labor will be the actual cost for wages prevailing locally
for each craft or type of worker at the time the extra work is done, plus
employer payments of payroll taxes and insurance, health and welfare,
pension, vacation, apprenticeship funds,and other direct costs resulting from
I Federal, State or local laws, as well as assessment or benefits required by
lawful collective bargaining agreements. The use of a labor classification
which would increase the extra work cost will not be permitted unless the
I contractor establishes the necessity for such additional costs. Labor costs
for equipment operators and helpers shall be reported only when such costs
are not included in the invoice for equipment rental.
I (b) Materials. The cost of materials reported shall be at invoice or lowest current
price at which such materials are locally available in the quantities involved,
plus sales tax, freight and delivery. Materials cost shall be based upon
supplier or manufacturer's invoice. If invoices or other satisfactory evidence
of cost are not furnished within fifteen (15) Days of delivery, then the
Engineer shall determine the materials cost, at its sole discretion.
(c) Tool and Equipment Use. No payment will be made for the use of small
tools,tools which have a replacement value of$1,000 or less. Regardless of
ownership, the rates to be used in determining equipment use costs shall not
exceed listed rates prevailing locally at equipment rental agencies, or
distributors, at the time the work is performed.
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.11 (d) Overhead, Profit and Other Charges. The mark-up for overhead (including
supervision) and profit on work added to the Contract shall be according to
the following:
i. "Net Cost" is defined as consisting of costs of labor, materials and tools and
equipment only excluding overhead and profit. The costs of applicable insurance
I and bond premium will be reimbursed to the Contractor and subcontractors at cost
only, without mark-up.
I ii. For Work performed by the Contractor's forces the added cost for overhead and
profit shall not exceed fifteen (15%) percent of the Net Cost of the Work.
I iii. For Work performed by a subcontractor,the added cost for overhead and profit shall
not exceed fifteen (15%) percent of the Net Cost of the Work to which the Contractor
may add five (5%) percent of the subcontractor's Net Cost.
I iv. For Work performed by a sub-subcontractor the added cost for overhead and profit
shall not exceed fifteen (15%) percent of the Net Cost for Work to which the
subcontractor and general contractor may each add an additional five (5%) percent
Iof the Net Cost of the lower tier subcontractor.
v. No additional mark up will be allowed for lower tier subcontractors, and in no case
I shall the added cost for overhead and profit payable by City exceed twenty-five
(25%) percent of the Net Cost as defined herein.
I 6.9 For added or deducted Work by subcontractors, the Contractor shall furnish to the
City the subcontractor's signed detailed estimate of the cost of labor, material and
equipment, including the subcontractor markup for overhead and profit. The same
requirement shall apply to sub-subcontractors.
I6.10 For added or deducted work furnished by a vendor or supplier, the Contractor shall
furnish to the City a detailed estimate or quotation of the cost to the Contractor,
Isigned by such vendor or supplier.
6.11 Any change in The Work involving both additions and deletions shall indicate a net
I total cost, including subcontracts and materials. Allowance for overhead and profit,
as specified herein, shall be applied if the net total cost is an extra; overhead and
profit allowances shall not be applied if the net total cost is a credit. The estimated
cost of deductions shall be based on labor and material prices on the date the
IContract was executed.
6.12 Contractor shall not reserve a right to assert impact costs, extended job site costs,
I extended overhead, constructive acceleration and/or actual acceleration beyond
what is stated in the change order for work. No claims shall be allowed for impact,
extended overhead costs, constructive acceleration and/or actual acceleration due to
I a multiplicity of changes and/or clarifications. The Contractor may not change or
modify the City's change order form in an attempt to reserve additional rights.
I 6.13 If the City disagrees with the proposal submitted by Contractor, it will notify the
Contractor and the City will provide its opinion of the appropriate price and/or time
extension. If the Contractor agrees with the City, a change order will be issued by
I the City. If no agreement can be reached, the City shall have the right to issue a
unilateral change order setting forth its determination of the reasonable additions or
savings in costs and time attributable to the extra or deleted work. Such
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(PROJECT NO. 33861017)
determination shall become final and binding if the Contractor fails to submit a claim
in writing to the City within fifteen (15) Days of the issuance of the unilateral change
order, disputing the terms of the unilateral change order.
6.14 No dispute, disagreement or failure of the parties to reach agreement on the terms of
the change order shall relieve the Contractor from the obligation to proceed with
performance of the work, including extra work, promptly and expeditiously.
6.15 Any alterations, extensions of time, extra work or any other changes may be made
without securing consent of the Contractor's surety or sureties.
ARTICLE 7. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85,
it is agreed that the Contractor will pay the City the sum of$500 for each and every calendar day of
delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated
Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the
City may deduct that amount from any money due or that may become due the Contractor under the
Contract. This Article does not exclude recovery of other damages specified in the Contract
Documents.
ARTICLE 8. COMPONENT PARTS OF THE CONTRACT. The"Contract Documents"include the
following:
Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor's Certificate Regarding Workers' Compensation
Bid Bond
Designation of Subcontractors
' Information Required of Bidders
Non-Collusion Declaration form
Iran Contracting Act Certification form
Public Works Contractor Registration Certification form
Contract
Performance Bond
Payment (Labor and Materials) Bond
' General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
' California Building Codes as defined in the General Conditions
Addenda
Plans and Contract Drawings
' Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
' All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. This Contract shall
supersede any prior agreement of the parties.
ARTICLE 9. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be
included in these Contract Documents shall be deemed to be included in these Contract
Documents. The Contractor shall comply with all requirements of applicable federal,state and local
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Ilaws, rules and regulations, including, but not limited to,the provisions of the California Labor Code
and California Public Contract Code which are applicable to this Project.
1 ARTICLE 10. INDEMNIFICATION.
10.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold
I 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
I 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
I 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
I 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,
I 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
I 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
I 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
Ithis provision shall be those imposed by Civil Code section 2782.
10.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to defend
as established by Section 2778 of the California Civil Code, and the duty to defend shall
I arise upon the making of any claim or demand against the City, its respective officials,
officers, agents, employees and representatives, notwithstanding that no adjudication of the
underlying facts has occurred, and whether or not Contractor has been named in the claim
Ior lawsuit.
10.3 Nothing contained in the preceding sections shall be deemed to obligate the Contractor to
I indemnify the City or any of the other Indemnitees, against liability for damages or any other
loss, damage or expense sustained, suffered or incurred on account of death or bodily injury
to active persons or injury to property caused by the sole negligence or willful misconduct of
I the City or any of the other Indemnitees set forth above. Therefore, if it is determined by
legal proceedings or agreement, that the Contractor has no direct contributory or incidental
negligence or other obligation to the City or the other Indemnitees, and the Contractor is in
I no way a proper party to a particular claim,then the Contractor shall not be obligated to hold
the City or any Indemnitees harmless with respect to said claim. However, until such
determination is made by legal proceedings or agreement, or if the Contractor is found to
have any degree of direct or contributory negligence or if it is determined that the Contractor
I
is in any way or to any degree a proper party to said claim,then the Contractor's obligations
under all of the terms and provisions of the preceding section shall remain in full force and
effect.
I10.4 Nothing in this provision, or elsewhere in the Contract Documents, shall be deemed to
relieve the Contractor of its duty to defend the City or any Indemnitee, as specified under
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(PROJECT NO. 33861017)
Ithis Article, pending a determination of the respective liabilities of the City or any Indemnitee,
by legal proceeding or agreement.
I 10.5 In furtherance to, but not in limitation of the indemnity provisions in this Contract, Contractor
hereby expressly and specifically agrees that its obligation to indemnify, defend and hold
I harmless as provided in this Contract shall not in any way be affected or diminished by any
statutory or constitutional immunity it enjoys from suits by its own employees or from
limitations of liability or recovery under workers' compensation laws.
I ARTICLE 11. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of
wages in accordance with the Labor Code which such rates shall be made available at the Public
Works Services Department or may be obtained online at http//www.dir.ca.gov/dlsr and which must
Ibe posted at the job site.
IN WITNESS WHEREOF,this Contract has been duly executed by the above-named parties, on the
I day and year above written. .
CITY OF ARCADIA MNR CONSTRUCTION, INC.
1 By: lei/ By: 4.1::$,42:
y (:w inic L aretto Signature
City Manager T ///_ igjf e tiT
Print Name and Title
IAttest:
. i I 0/4a1UAL
I By: Ali A . .11 Lr 1 ' By:
it le t Signature
IIi • v - ' , - . •0 - e,
Print Name an. tle
IApproved as to Form:
I a. leitiY:;a1
Stephen P. Deitsch
ICity Attorney
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I
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