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Home My WebLink AboutC-2189CONTRACT FOR THE CITY OF ARCADIA Orange Grove Booster Pump Station Project No. 6672095 PARTIES AND DATE. (PROJECT NO. 6672095) This Contract is made and entered into this day of /I "Wol I (,' 20 by and between the CITY OF ARCADIA (hereinafter called the "Owner") and DenBoer Engineering & Construction, 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 August 8, 2005, has submitted a bid proposal for construction the Orange Grove Booster Pump Station 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 October 17, 2005. 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 (under separate cover) Part "E" - Drawings (under separate cover) Part "F" - Performance Bond CONTRACT -1 GB- STATE & LOCAL (5051507/660) (7124/00) (PROJECT NO. 6672095) Part "G" Payment Bond #1 - 08/18/05 #2 - 08/26/05 f. ADDENDUM NO. 1 -N dated #3 - 08/P9/09 #4 - 08/31/05 The above documents, including the General Conditions, are an integral pa 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 falls 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 Oblioation. 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 Bid Category number(s) listed in Bid Schedule necessary to fully and adequately complete construction of the Orange Grove Booster Pump Station, including any alternates selected by the Owner, and all structures and facilities described in the Contract (hereinafter the "Work"), for a total of Three Million Two Hundred Eleven Thousand Six Hundred Seventy Five Dollars and Ninety Cents ($3,211,675.90), 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 n with once with applicable terms of referenced documents. tract. All Work shall be subject to, and 3.3 Standard of Performance. Contractor shall perform all Work under this Contract in a skillful and workmanlike man the and consistent with the standards generally recognized as being employed by professionals 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, are legally required permits, qualifications and approvals of e that throughout heo eermoof th s Work, and that such licenses and approvals shall be ma Contract. OE - STATE & LOCAL (505/507/660) (7/24/00) RVPi1E\ORD\570075 CONTRACT-2 m (PROJECT NO. 6672095) 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within 270 Calendar Days, beginning ten (10) Calendar Days after the date on which the Letter of Award 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 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 Ownerwill sufferdamage. 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 Attomevs' 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. aveueDRDs70015 CONTRACT -3 ca- STATE & LOCAL (5051507M60)(7aaroo) LL, I' (PROJECT NO. 6672095) 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 DenBoer Engineering & Construction, Inc. STCOJfr- 6L)ReVr 1 >6o?j4wc8 4575 E. Camino Parocela 11050 57-E616 Palm Springs, CA 92264 R y.6 510 'Gds 1aS0'-/ Attn: Doug DenBoer, President Attn: M I K e ST0K6* Owner City of Arcadia 11800 Goldring Rd. P. O. Box 60021 Arcadia, CA 91066 -6021 Attn: Ken Herman, P.E. Associate Civil Engineer With Copies To: AKM Consulting Engineers 553 Wald Irvine, CA 92618 Attn: Zeki Kayiran, P.E., Principal 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. Tax I.D. Number: 33- oj4( l 9 SL Number Contractors License: 6- $- tt�z -As3 Class 619 4563 Number CITY OF ARCADIA By: r 14.11AM William R. Kelly Date City Mpnager A to Approved as to Form: By: %k— f ", Stephen P. Deitsch City Attorney (PROJECT NO. 6672095) 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 orto 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: DENVER ENGINEERING & CONSTRUCTION, INC. Name of gO ffractor: --4575 E. CAMINO PAROCELA M Name a9Eg f rb'F-Aj -r Title 10 �Z�—�0 Dat (760) 327.2200