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