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Home My WebLink AboutC-2452Noo— 6 C- 2-gs (PROJECT NO. 33856609) CONTRACT FOR THE CITY OF ARCADIA SEWER STRUCTURAL DAMAGE REPAIR AND RELINING PROJECT 1. PARTIES AND DATE. This Contract is made and entered into this JAh , day of c JYLkl , 200q, by and between the CITY OF ARCADIA (hereinafter called the "Owner ") and REPIPE- CALIFORNIA, 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 April 13, 2009, has submitted a bid proposal for construction the Sewer Structural Damage Repair and Relining Project 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 June 3, 2009. 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 Part "F" - Performance Bond Part "G" - Payment Bond RVPUB\DRD \570015 CONTRACT -1 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. 33856609) f. ADDENDUM NO. 1 dated April 30, 2009. The above documents, including the General Conditions, hall are al integral part of immediately Documents. In addition to signing this Contract, Contractor s below acknowledging that he or she has read understood of agrees with all of the terms General Conditions relating to Contract Documents, including, but not limited , provisions indemnification, insurance, standards shall performance, am knowledge of the meaning and effect of any essence performance. Contractor shall not meaning and term or provision of the Contract Documents, anti a�gbelow� the Owne rshallthave the right to intent. In the event that Contractor fails to m declare the Contract unexecuted and to award the Contract to another contractor in accordance with state law. Contractor s Initials 3.2 Cont_ rac'^r'� Basic Obliaation. Contractor promises and agrees, at its own cost al and customary wok for the construction labor, materials, tools, equipment, services, and incidental of Bid Category number(s) I thru 9 necessary to fully Iternatestslelect d complete by the Owner, and all Damage Repair and Relining Project, including y structures and facilities described in the Contract (heOrDOLLARS AND NO CENTS ($74,672.00), as FOUR THOUSAND SIX HUNDRED SEVEN TY -TW specified in the Contract Bid Forms submitted by the o tustmoent n response to the above referenced accordance wi h the appl cable Notice Inviting Bids. Such amount shall be subject J 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, 'n the and consistent with the standards of California. Contractor represents and maintains that it is skilled in the same discipline in the State professional calling necessary to perform d experi tractor warrants tht ence perform the Woak all employees and to them. subcontractors shall have sufficient skill Finally, Contractor further rep resents thaWhatever,natuee that are egallyaretquired to perform the permits, qualifications and approvals of Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. RypU6\DRD \570015 CONTRACT-2 GB - STATE & LOCAL (50515071660) (7124100) (PROJECT NO. 33856609) 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within THIRTY (30) 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 suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated damages the sum of FIVE HUNDRED DOLLARS ($500.00) 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. RVPUB\DRD \570015 CONTRACT - 3 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. 33856609) 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 RePipe- California, Inc. 5525 E Gibralter Street Ontario, CA 91764 -5121 Attn: Mark Neumann Vice President Owner City of Arcadia P.O. Box 60021 Arcadia, CA 91066 -6021 Attn: Tiffany Lee Project 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. CITY OF ARCADIA By: Donald Penman City Manager 4CiClerk Approved as to Form: By: &tFAL . NzaX Stephen P. Deitsch City Attorney CONTRACTOR By: &I, Name Title