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HomeMy WebLinkAboutC-22241. . &* WiLL ORIGINAL. CITY OF ARCADIA SHORT -FORM CONSTRUCTION CONTRACT ST JOSEPH STREET ALLEY SEWER REPAIR PROJECT PARTIES AND DATE. This Contract is made and entered into this 2 Of "day of U u h e , 20 010 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 91066 -6021 ( "City ") and Perry C. Thomas Construction, Inc., a California Corporation with its principal place of business at 240 W. Duarte Rd. Monrovia, CA 91016 ( "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 City. 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 Removal and Replacement of a 27 feet long 8 inch PVC pipe services to public clients, that it and its employees or subcontractors have all necessary licenses 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 St Joseph Street Sewer Repair Project ( "Project ") as set forth in this Contract. 2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, Insurance Document and other certification 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: Insurance Document and other certification. 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 plans and specifications for the Work are further described in Exhibit "A" attached hereto and incorporated herein by this reference. Special conditions, if any, relating to the Work are described in Exhibit "B" 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 twenty-one 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, 2 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 thesafety 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 rContract 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 Thirteen "Thousand Three Hundred Eighty Dollars and No Cents ($13,380.00) ( "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. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total.Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall subrnit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated.. 3 Contractor may be required to famish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of theCalifomia Public ContracvCode. No progress payments will be made for Work not completed in accordance with this Contract. 3.8.3 Contract Retentions. From each approved progress estimate, ten percent (10 %) will be deducted and retained by the City, and the.remainder will be paid to Contractor. All Contract retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107. 3.8.4 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices .as, allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the .Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor,.(7) unauthorized deviations from the Contract; (8) failure ,of the Contractor to maintain or submit on a timely basis proper and sufficient documentation -as required by the Contract or by City during the prosecution of the Work; (9) erroneous-or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.8.5 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300; the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City. shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City. C! 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 reinspection 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 Citv's.Renresentative. The City hereby designates Director of Public Works Services, or his. or her 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 which 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. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City I and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. 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); (3) Workers' Compensation and Employers' Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance; and (4) Builders. %All Risk. Builders' /All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). 3.16.21 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 %All Risk: Completed value of the project. 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 1, •._ . • 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. The builders' /all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City. 3.16.5 SSe aration 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. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions, liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds 9 with respect to Work performed, and shall otherwise comply with all requirements of this Section. 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:VIII, licensed 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. 3.17.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit `B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 3.17.2 Performance Bond. If specifically requested by City in Exhibit `B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 3.17.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written 9 notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the Total Contract Price, as referred to above), extensions of time, or modifications of the tune, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate the Contract for cause. 3.17.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best's rating no less than ANIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 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 Spec ifications 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 10 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 to verify 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. 3.21 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. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval a detailed plan showing thedesign of shoring, bracing, sloping, or other provisions to be made for 11 worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 3.23 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, :and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 3.24 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities. 3.25 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1770 et seq., which requires the payment of prevailing wage rates and the performance of other requirements on "public works contracts." If this is a "public works contract" pursuant to the California Labor Code and if the Total. Contract Price is $1,000 or more, Contractor agrees to pay such prevailing rates to each workman needed to execute the Work and further agrees to comply with the penalty provisions of Section 1775 of the California Labor Code in the event of its failure to pay prevailing rates. Copies of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract shall be made available to interested parties upon request, and shall be posted at the Project site. Contractor agrees to defend, indemnify and hold City, its officials, directors, officers, employees, agents and volunteers 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 these provisions of the California Labor Code. 3.26 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly. registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. 12 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: 13 GO Contractor City of Arcadia Perry C. Thomas Construction Inc. 240 West Huntington Drive 240 W. Duarte Road Arcadia, CA 91066 -6021 Monrovia, CA 91016 Attn: Jan Balanay Attn: Catherine Thomas 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 Governiniz 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, 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. 3.41 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. 14 L 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} 15 CITY OF ARCADIA Perr By: 6,0* By: William R. Kelly Date City Manager ATTEST: Ci Clerk APPROVED AS.TO FORM: Stephen P. Deitsch, City Attorney 16 9 Classification of Contractor's License r • EXHIBIT "A" PLANS AND SPECIFICATIONS • The following plans and specifications are incorporated'into this- Contract herein by this reference: • The provisions of the Standard Specifications for Public Works Construction (SSPWC), latest Edition, except as modified by the attached documents. • Supplementary General Conditions (Attached) • Special Provisions (Attached) • Drawing (Attached) nvruewas'ssreoi A_t e i -% • 9 CITY OF ARCADIA . ST. JOSEPH ST. ALLEY SEWER REPAIR PROJECT RVPUBTRD\570021 SUPPLEMENTARY GENERAL CONDITIONS SUPPLEMENTARY GENERAL CONDITIONS Standard Specifications. The. Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ( "Greenbook "), 2003 Edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as "Standard Specifications "), these General Conditions and the Specifications and Drawings identified in the Contract Documents. The Standard Specifications are referred to and by this reference made apart hereof as though set forth at length. In the case of conflict between the Standard Specifications and these General Conditions, these General Conditions shall take precedence over, and shall be used in lieu of, such conflicting provisions. The section headings in these General Conditions correspond to the section headings of the Standard Specifications. In the event a section heading contained in the Standard Specifications is not referenced in these General Conditions, that section shall read exactly as stated in the Standard Specifications. SECTION 2 SCOPE AND CONTROL OF WORK 2 -6 WORK TO BE DONE. Add the following: The work to be done by the Contractor shall be the repair of sewer main, soil backfill, and paving in accordance with the contract documents. SECTION 5 UTILITIES 5 -1 Location. Add the following: The Contractor's attention is directed to sections 4215 through 4217, of the Government Code of the State of California. This requires that Two (2) working days prior to commencing any excavation that "Underground Service Alert of Southern California" be notified by telephone, Toll Free: 1 (800)422 -4133 or 1 (800) 227 -2600, forthe assignment of an.lnquiry identification Number." The Contractor shall furnish the said Inquiry identification number to the Engineer. SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK. 6 -2 PROSECUTION OF WORK. Add the following: Contractor shall organize his operations and schedule such'that all concrete, asphalt, sprinkler repair, backfill, and replanting is completed within 14 calendar days of removal at each location of work. RVPUB%DRD\570021 SUPPLEMENTARY GC'S -1 GH- STATE & LOCAL (N /A)(7/24M) Contractor shall construct cross gutters by the half width method. 6-9 Liquidated Damages. Add the following: Liquidated Damages shall be $250 per calendar Day. SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR Business License: The contractor and his subcontractors shall obtain an Arcadia Business License from the City of Arcadia Development Services, "Building. Division at 240 W. Huntington Dr., Arcadia, California.. (626) 574 -5430 7-8.1 Clean up and dust control. Add the following: All removed, cleared, and waste material shall become the property of the Contractor and shall be disposed of by the Contractor outside the limits of work in accordance with the applicable ordinances and regulations of governmental agencies having jurisdiction. After completion of all other work required under the contract, the Contractor shall, at his own expense, clean up the work site and any and all properties used by the Contractor during construction'to'the satisfaction of the Engineer. The Contractor shall remove and dispose of all excess materials. The Contractor shall repair, replace, or restore, to the satisfaction 'of .the Engineer, all-property of any type or nature which has been moved; damaged or altered in anyway by Contractor's operations. :1 The Contractor shall return all roadway and adjoining surfaces to their originl condition and appearance: No separate payment will be made for Site Maintenance. All costs for furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. 7-9 Protection and Restoration of Existing improvements. Add the following to the Second paragraph: Contractor shall protect all adjacent concrete facilities. Any damage that is the result of contractor actions shall be repaired by saw cut, removal and replacement at the Contractors expense. Excavations shall be conducted in a manner that assures all permanent facilities and improvements, as well as temporary improvements which remain during the life of this contract, are not subject to vertical settlement or horizontal movement. The Contractor is required to work around all existing utility facilities. , RVPUB\DRD1570021 SUPPLEMENTARY GC'S - 2 Gs.srnrE& tocni.(Nrn) (7124/00) Amend the last paragraph with the following paragraph: All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the various bid items and no additional compensation shall be allowed therefor. 7 -10 .PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add the following: It is the Contractor's responsibility to provide for the safety of traffic and the public during construction. Upon the end of each working day, Contractor shall provide vehicular access to all driveways where work is done. Businesses must have access to customers at all times. 7 -10.2 Storage of Equipment and Materials in Public Streets. Add the following: The Contractor shall maintain the construction site in a neat and orderly condition, free ;from trash and waste construction materials at all times. 'Unattended construction materials, equipment, and`trash shall be left-in a manner.to °not - constitute a fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature 7 -10.3 Street Closures, Detours, Barricades. Add the following to the second paragraph: It shall be the Contractor's responsibility to determine and notify those agencies requiring advance notification for inspection or other purposes before beginning construction in any jurisdictional area of any agency. A minimum of 48 hours advance notice shall be given to the various agencies before beginning construction in the area unless specific advance times and requirements are stated in these specifications or in permit conditions. The following is a list of agencies and utility companies, which are associated with this project and require notification as required in these Specifications. UTILITY COMPANY TELEPHONE ARCADIA POLICE DEPARTMENT (626) 574 -5156 ARCADIA FIRE DEPARTMENT 626 574 -5102 WASTE MANAGEMENT (626) 960 -7551 RVPUB\DRW70021 SUPPLEMENTARY GC'S -3 GB- STATE &LOCAL(N /A)(724100) • DIAL -A -RIDE ARCADIA UNIFIED SCHOOL (626) 445 -2211 (626) 447 -9223 POSTAL SERVICE (800) 275 -8777 SOUTHERN CALIFORNIA EDISON (800) 655 -4555 SOUTHERN CALIFORNIA GAS (800) 427 -2200 ADELPHIA CABLE (626) 574 -7171 SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT Add the following subsection: 9 -3.5 Final Pay Quantities. When an item of work is designated as (F) or (S -F) in the Engineer's Estimate and /or Bid Documents, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in .the amount represented ;by the <changes in the dimensions. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final-pay quantity will be revised in the amount represented by the eliminated portion of the ifem of work. The estimated quantity for each item of work designated as (F) or (S -F) in the Engineer's Estimate and /or Bid Documents shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity. No allowance will be made for additional quantity beyond the limits shown on the plans. In case of discrepancy between the quantity shown in the Engineer's Estimate and /or Bid Documents for a final pay item and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the Engineers Estimate and /or Bid Documents. RVPUBORDK70021 SUPPLEMENTARY GC'S -4 GB- STATE & LOCAL (N/A)(724/00) CITY OF ARCADIA ST. JOSEPH ST. ALLEY SEWER REPAIR PROJECT i � �-aG.� & nr � ,�� *�;,� +' ..�+•t .p� fh^v�'' �"vns'i'�s`4�" aw`�' irl:. ��N� PrECIA��P,�t�J�U1S #QNS� i'���w RVPUB\DRD\570022 SPECIAL PROVISIONS SECTION 300 - EARTHWORK 300 -1 CLEARING AND GRUBBING o 300.1.3.2 Requirements. (c)Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and alley Intersections. - Add the following to the end of the paragraph: Asphalt concrete pavement adjacent to removed concrete and asphalt concrete shall have neatly sawed edges made to a minimum of depth of 1 ''Y2 inches. Contractor shall protect work, including compaction, from damage caused by drainage. Adjacent concrete that is chipped or damaged as a result of Contractor's operations shall be removed and replaced to the nearest score mark in accordance with the contract documents at the Contractor's expense. Full compensation for clearing and grubbing, grading or earthwork, removal and disposal of, including adjacent asphalt slot paving, shall be considered as included in the unit prices paid for by the various contract bid items and no additional payment shall be made therefor. SECTION 302 - ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT. 302 -5.5 Distribution and spreading. Add the following: Asphalt Concrete used for the cap shall be C2 -AR -4000. Asphalt Concrete used for repair failed areas, for slot paving adjacent to curbs and gutters, and for trench paving shall be C2 -AR -4000 or B -AR -4000. Full compensation for furnishing and placing asphalt concrete slot paving shall be considered as included in the associated Contract Bid item prices and no separate payment shall be made therefor. Temporary cold mix material shall be removed immediately prior to paving. xvru"RM570022 SPECIAL PROVISIONS - 1 aa- STATE &LOCAL (NIA) (7/24M) 306 -1.5 Trench Resurfacing 306 -1.5.3 Permanent Resurfacing. Add the following: The provisions of Section 306 -1.5, Trench Resurfacing, shall apply. 306.1.6 Basis of Payment for Open Trench installation. Add the following: Full compensation for compacting subgrade, removing roots, Removing piping, placing piping, and furnishing, placing, and compacting asphalt concrete for Sewer repair as specified in the contract documents shall be paid for by lineal foot for Repair sewer. Payment for pavement due to trench installation of sewer work shall be include in the unit cost of piping and no other compensation shall be made for utility trench paving. RVPUB%DP.W70M SPECIAL PROVISIONS -2 GB•SiATE &LGCAL(WA)(7/24100) nvruewcs'557201 EXHIBIT "B" SPECIAL CONDITIONS "NOT APPLICABLE" B -1 EXHIBIT °`C" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et "e . 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. Perry C. Thomas Construction, Inc. M RVPUBWOS\557201