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HomeMy WebLinkAboutC-4352 &A-1352- 1100-Z0 - 351 CONTRACT FOR THE CITY OF ARCADIA This CONTRACT, No. Li S2_ is made and entered into this +-h day orvrieffI r, 2020, by and between City of Arcadia, sometimes hereinafter called "City," and Perry C.Thomas Construction, Inc., sometimes hereinafter called "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: A. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in 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: Live Oak Plant Improvement Project No. 72862720 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. B. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. 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 60 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. C. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Hundred Nine Thousand, One Hundred Sixty Dollars and No Cents, ($309,160.00). Payment shall be made as set forth in the General Conditions. D. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 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. E. COMPONENT PARTS OF THE CONTRACT. The"Contract Documents" include the following: Notice Inviting Bids Instructions to Bidders Bid Form Bid Bond Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor Registration Certification Performance Bond Payment (Labor and Materials) Bond General Conditions Contract- 1 Special Conditions Technical Specifications Addenda Plans and Drawings Standard Specifications for Public Works Construction "Greenbook", latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contractor 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. F. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. 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 laws, 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 Work. G. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. I H. 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 City's Administrative Office or may be obtained online at dir.ca.gov and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] I I I I 4 p Contract-2 I IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. I CITY OF ARCADIA PERRY C. T : • S; o ' - RUCTION, INC. By: By: grarAillAPriat. Dominic Lazzaretto Signalre City Manager 1.°%(\r'"J-- *tvvA Print Name and Title ATTEST: 14 gy: ASS i s ion+ By: 1`/111Nrain. City Clerk S:' ature ?e vm-sk PtEctAiir Print Nme and Title APPROVED AS TO FORM: P Stephen P. Deitsch City Attorney I I I i I I I I I Contract- 3 Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Wednesday, September 9, 2020 10:05 AM To: Rachelle Arellano Subject: RE: City Attorney review folder 9-8-20 Rachelle, I have reviewed and approve as to form the Construction Contract with Perry C. Thomas Construction, Inc. Mr. Thomas has signed twice, as "President." Normally I would question his signing in the capacity of the same office, but I note that the Board Resolutions and Bylaws submitted by the Corporation indicate he is the sole shareholder and holds all executive positions, not just President. Thus, in my opinion, we can accept his signing twice, and both times as President since he actually holds the other titles of Vice President, Secretary and Treasurer. You may use my stamped signature for this purpose. Steve Stephen Deitsch Partner stephen.deitsch@bbklaw.com T:(909)483-6642 C:(951)662-9343 www.BBKlaw.com C Stay at home and public health orders issued in multiple counties across the U.S. require our offices to be physically closed. Because all staff are working remotely, all documents(including correspondence, pleadings, and discovery) will be served via e-mail until further notice. Because we may not receive regular mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail or delivery. Send all e-served documents in your case to the e-mail addresses for any Best Best& Krieger LLP attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. From: Rachelle Arellano [mailto:rarellano@arcadiaca.gov] Sent: Tuesday, September 08, 2020 9:19 AM To: Stephen Deitsch Cc: Arcadia City Clerk Subject: City Attorney review folder 9-8-20 CAUTION - EXTERNAL SENDER. Hi Steve, Attached for your review is only one item from Public Works: • Live Oak Plant Improvement Project contract and Bylaws Thank you, 1