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Home My WebLink AboutC-4265 C-42 s 100 - .0 (PROJECT NO. 41852417) CONTRACT FOR THE CITY OF ARCADIA SANTA ANITA AVENUE CORRIDOR TRAFFIC SIGNAL AND CROSSWALK IMPROVEMENTS 1. PARTIES AND DATE. This Contract is made and entered into this \2N. day ofMbcr,20 by and between the CITY OF ARCADIA (hereinafter called the "Owner') and CALIFORNIA PROFESSIONAL ENGINEERING INC. (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 8-1-19, has submitted a bid proposal for construction the Santa Anita Avenue Corridor Traffic Signal and Crosswalk Improvements 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 August 21, 2019. 2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract. 3. TERMS. 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: a. Notice Inviting Bids b. Instructions to Bidders c. Contract Bid Forms d. Contract • e. Contract Appendix • Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Special Provisions Part "D" - Specifications Part "E" - Drawings (under separate cover) Part "F" - Performance Bond Part "G" - Payment Bond CONTRACT- 1 GB-STATE&LOCAL(505/507/660)(7/24/00) r ' (PROJECT NO. 41852417) Part"H" _ Escrow Agreement for Security Deposits (optional) 1 09/11/2019 f. ADDENDUM NO. dated The above documents, including the General Conditions, are an integral part of the Contract Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately below acknowledging that he or she has read, understood and agrees with all of the terms of the Contract Documents, including, but not limited to, provisions of the General Conditions relating to indemnification, insurance, standards of performance, termination, compensation and time of the essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any term or provision of the Contract Documents, and agrees to strictly abide by their meaning and intent. In the event that Contractor fails to initial below,the Owner shall have the right to declare the Contract unexecuted and to award the Contract to another contractor in accordance with state law. \iN Contractor's Initials 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work for the construction as necessary to fully and adequately complete Santa Anita Avenue Corridor Traffic Signal and Crosswalk Improvements, including any alternates selected by the Owner, and all structures and facilities described in the Contract (hereinafter the 'Work"), for a total of SEVEN- Initials HUNDRED THIRTEEN THOUSAND SEVEN-HUNDRED NINETY-ONE DOLLARS AND ZERO \/N CENTS ($713,791.00), 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. Rv'umm.570015 CONTRACT-2 G8-STATE&LOCAL(505/507/660)(7/24/00) (PROJECT NO. 41852417) 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within 60 calendar days, beginning ten (10) calendar days after the date on which the Notice to Proceed is sent by the Owner to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications. Contractor agrees that if such Work is not completed within the aforementioned period and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications, it is understood, acknowledged and agreed that the Owner will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated damages the sum of 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. RVPUBORD\557o015 CONTRACT- 3 GB-STATE&LOCAL(505/507/660)(7/24/00) (PROJECT NO. 41852417) 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 Surety California Professional Engineering, Inc. :ot D !, :�, 929 Otterbein Ave., Unit E dH :F1"" eAVIChck fktie. ' 145 La Puente CA 91740 MISSIof\ V1EJ0 CA- 9a1P' Attn: Wik N ES u P�¢S►b �: yut4 rtuwck Owner With Copies To: City of Arcadia 240 West Huntington Drive Arcadia CA 91007 Attn: Phillip 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. CONTR•CT• - CITY OF ARCADIA By: -�I By: ' Name Dominic Lazza , ity Manager President Van N.a en - ,L., Li 19 Title Min Date • By: . � Attest: Name l t Van Nguyen S¢crek-ar 111114 Title City k Tax I.D. Number -14e3r(44 Contractor's License: Class: i C f Approved as to Form: ST/ StephenP. Deitsch, City Attorney "- `11VPUB\DRD\570015 CONTRACT-4 GB-STATE&LOCAL(505/507/660)(7/24/00) (PROJECT NO. 41852417) 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 Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code. I agree to and will comply with such provisions before commencing the Work governed by this Contract. CONTRACTOR: Name of Contractor: California Professional Engin:ering, Inc. By: Signature: Name: Van Nguyen President Title: Date: *t3 q UB\DRD\570015 CONTRACT(EXHIBIT A) GB-STATE&LOCAL(505/507/660)(7/24/00) MINUTES OF THE ANNUAL MEETING OF SHAREHOLDERS AND DIRECTORS CALIFORNIA PROFESSIONAL ENGINEERING, INC. The annual meeting of the shareholders of the above named California Corporation was duly held at the principal office of the corporation located at 929 Otterbein Avenue, Unit E, La Puente, CA, 91748, USA on January 21, 2019. The Director present was VAN TAN NGUYEN. President acting as Chairman, same being VAN TAN NGUYEN. The Chairman then presented and read to the meeting a Waiver of Notice of Meeting, subscribed by all of the Directors of the Corporation. Upon motion duly made, it was: Resolved,that the Chairman be requested to cause the same to be spread at length upon the minutes. Resolved, that the following persons were nominated and thereupon elected to the position opposite their names to serve until their successors are elected and qualified: VAN NGUYEN, PRESIDENT • VAN NGUYEN, SECRETARY PHUONG-THAO NGUYEN, CHIEF FINANCIAL OFFICER (CFO) Resolved, that the above persons elected may sign all binding,contractual documents on behalf of the Corporation. The President, Secretary, and Treasurer thereupon assumed their respective offices. The President then presented and read the minutes of the annual meeting of shareholders of this Corporation, and the same were,on motion duly made, seconded and unanimously carried, in all aspects ratified and adopted by this Board of Directors. There being no further business to come before the meeting, upon motion duly made, seconded and unanimously carried, the same was adjourned. The foregoin• minutes of Janua% 21,72019 are approved: jfl t t VAN NGU1 EN, President • (corporate seal) VAN NGU "_ ._...�1, Secretary Jf' OV ARO v� GPy1FOI '4 '' r ElIL1111.111 7 irk Aism ugust s,1903 00 0@4nity of N° City of Arcadia DATE: July 16, 2019 Development TO: PLANHOLDERS VIA EMAIL Services (PER ATTACHED LIST) Department SUBJECT: ADDENDUM NO. 1 SANTA ANITA AVENUE CORRIDOR TRAFFIC SIGNAL AND CROSSWALK IMPROVEMENTS Jason Kruckeberg PROJECT NO. 41852417 s' ant City Manager/ 9 •elopment Services prettor The following changes have been made to the project plans: 1 • Sheet 11 and 12 includes work to grind and overlay the in road- way lighting crosswalk area. Payment shall be included in Bid Item 3. • Attached are SCE power plans for Le Roy Avenue at Santa Anita F Avenue, and Alta Street at Santa Anita Avenue. Payment shall be included in Bid Item 2. T ; Please note that you are responsible for acknowledging the receipt of this addendum in your submitted bid letter. • Sincerely, • Jennifer Nishida Assistant Engineer Huntington Drive Box 60021 CA 91066-6021 '74.5415 7-71366 Fax 'aCA.gov