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Home My WebLink AboutC-2469r PROJECT NO. 41857110 FEDERAL AID PROJECT: ESPL- 5131(016) CONTRACT FOR THE 1160 —8 0 CITY OF ARCADIA ROAD REHABILITATION OF SANTA ANNTA AVENUE FROM LONGDEN AVENUE TO LIVE OAK AVENUE PROJECT NO.: 41857110 FEDERAL AID PROJECT.: ESPL- 5131(016) 1. PARTIES AND DATE. This Contract is made and entered into this h day of 20 by and between the CITY OF ARCADIA (hereinafter called the City) and SILVIA 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 City on July 2009, has submitted a bid proposal for construction the Road Rehabilitation Of Santa Anita Avenue From Longden Avenue To Live Oak Avenue Project described in the Contract. 1 2.3 City 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 IDocuments, and has given written notice to Contractor on SEPTEMBER 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. i3. TERMS. 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, I 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. Federal Requirements f. Federal Wage Rate g. Contract Appendix Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Special Provisions Part "D" - Specifications RVPUBORD \570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00) PROJECT NO. 41857110 FEDERAL AID PROJECT: ESPL- 5131(016) Part "E" - Drawings Part "F" - Performance Bond Part "G" - Payment Bond The above documents, including the General Conditions, are an integral part of 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 fallsx i ' al belo City shall have the right to declare the Contract unexecuted and to away4 th Contr t to other contractor in accordance with state law. ' C 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work for the construction of Bid Category number(s) 1 through 16 and Bid Category number 1 of the Alternative Bid Schedule, necessary to fully and adequately complete Road Rehabilitation Of Santa Anita Avenue From Longden Avenue To Live Oak Avenue, including any alternates selected by the City, and all structures and facilities described in the Contract (hereinafter the "Work "), for a total of FIVE HUNDRED FOURTEEN THOUSAND, EIGHT HUNDRED SIXTY -ONE DOLLARS AND TEN CENTS, ($514,861.10), 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 with the applicable 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, 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 further represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. RVPUB\DRD1570015 CONTRACT - 2 GB - STATE & LOCAL (505/507/660) (7/24/00) PROJECT NO. 41857110 I FEDERAL AID PROJECT: ESPL- 5131(016) d of Performance. 3.4 Pe no i Contractor shall perform and complete all Work under this Contract within Forty -Five (45) to Calendar Days, beginning ten (10) Calendar Days after the date on which the Work Notice t ct acco dance sent by the City to the Contractor. Moreover, Contractor shall perform with any completion schedule construction schedule or project milestones developed pursuant to , provisions of the Contract, including but not limited the Project Schedule located m the Specifications. Contractor agrees that if such Work hedule construction chedule aforementioned or project milestones and /or pursuant to any such completion s developed pursuant to provisions of the Contract, acknowledged and agreed t nthatdthe City will suffer damage. I I Ij' located in the Specifications, it is understoo , Pursuant to Government Code Section 53069.85, Contractor shall pay to the City ($1000!00) PER DAY aas provided by the damages the sum of ONE THOUSAND applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix. II 3.5 rite's Basic Obligation. City agrees to engage and does hereby according engage Contractor as an to the terms and conditions dherefn contained furnish all materials and to perform all 9 ay to for the sum set forth above. Except as otherwise p the byCthetContractor lof the seservices Contractor, as full consideration for the satisfactory p erformance 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 the provisions against liability Section y for WorkOer'sf Compenlsation Labor Code which require every employer to be insured ply or to undertake self - insurance in accordance Wh of the WoakCA ode, and certificatiorn form to forthis with such provisions before commencing the performance 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 ° attorney fees) party and all other costls be entitled to have and recover from the losing party of such action. 3.8 Succ_ essors. The parties do for themselves, their heirs, nednn successors Contractor assigns agree to the full performance of all of the pro visions conta may not either voluntarily or by action of law, assign any obligation assumed by Contractor hereunder without the prior written consent of the City. RVPUB\DRD \570015 CONTRACT-3 GB - STATE & LOCAL (505/507/660) (7/24/00) PROJECT NO. 41857110 FEDERAL AID PROJECT: ESPL- 5131(016) 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 Silvia Construction, Inc. 9007 Center Avenue Rancho Cucamonga, CA 91730 -5311 Attention: Joseph W. Silvia, President City City of Arcadia P.O. Box 60021 Arcadia CA 91066 -6021 Attention: Mark Rynkiewicz, Project Manager 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 pa above address. Actual notice shall be deemed adequate notice on the date actual note occurr , regardless of the method of service. CITY OF ARCADIA By D Donald Penman City Manager Approved as to Form: ' By: n bl!A� Stephen P. Deitsch City Attorney SILVIA I;rONSTRYtTION, By: ,...... ..., .�...�� __., ... _ nnA1Tr1 A PST A ;AI,IFORNIA ALL- PURPOSE ACKNOWLEDGMENT DATE OF CALIFORNIA .O Z'Y OF SAN BERNARDINO Dn SEPTEMBER 10 2009 ,before me, PATRICIA BURL NOTARY PUBLIC evidence ' a eared JOSEPH W SILVIA who proved to me on the basis of satisfactory ers °Wally pp bed to the within instrument and acknowledged to me that he P instrument the person, to be the person whose name is subscribed executed the same in his authorized capacity, and that executed is the instrument, ore o exec person acted, or the entity upon behalf of which the p I certify under PENALTY OF P ERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PATRICIA BURKE Commission * 1796307 / s Notary PubIIC - California d d official seal. Ban Bernardino county WITNESS my CarYn Public e of Notary Place Notary Seal Above afor--- - - - - -- ------------------------------- -- OPTIONAL---------------- - - - - -- rove valuable to persons relying on the document and Though the information below is not required by law, it may p could prevent fraudulent removal and reattaclm►ent of this form to another documenDESCRIP'T'ION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT OF PAGES: _— DATE OF DOCUMENT: NUMBER Signer(s) Other Than Named Above: CAPACITY CLAIMED BY SIGNER JOSEPH W SILVIA RIGHT THUNWRINT of Signer's Name- SIGNER ❑ INDIVIDUAL ❑ PARTNER CORPORATE OFFICER PRESIDENT ATTORNEY IN FACT ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR Other resenting: SILVIA CONSTRUCTION INC. Signer is Rep NAME OF PERSONS) OR ENTITY(S) (PROJECT NO. ) EXHIBIT "A" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. of e California Labor Code which require every employer to be insured against liability for Porker's Compensation or to undertake self- insurance in accordance with the provisions of e Code. I agree to and will comply with such provisions before commencing the Work )verned by this Contract. CONTRACTOR- Name of C ritrac By: /JOSEPH W. SILVIA Name PRESIDENT LVIA/CONSTRUCTLn , INC. Title SEPTEMBER 10, 2009 Date VPUB\DRn\5570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00) CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT w;,n STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On SEPTEMBER 10, 2009 ,before me, PATRICIA BURKE NOTARY PUBLIC ce appeared JOSEPH W. SILVIA ,who proved to me on the basis owled acknowledged me that he personally pp to be the person whose name is subdscabad to the tha by his signature on the instrument the person, executed the same in his authorize p t3' or the entity upon behalf of which the person acted, executed the instrument. PENALTY OF PERJURY under the laws of the State of California that the I certify under foregoing paragraph is true and correct. PATRICIA SURKE Commission # 1798307 Official Seal. # si Notary Public - California WITNESS my hand son eernordino County (;ppm 26.2012 S1 lure of Notary Public Place Notary Seal Above --------------------------------- OPTIONAL-------------------------- - - - - -- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT ','NUMBER OF PAGES: DATE OF DOCUMENT: Signer(s) Other Than Named Above: CAPACITY CLAIMED BY SIGNER Signer's Name:- JOSEPH W. SILVIA RIGHT 17iUIvIDPRINT OF El INDIVIDUAL SIGNER i E] PARTNER ® CORPORATE OFFICER PRESIDENT TITLE ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other SILVIA CONSTRUCTION INC. Signer is Representing: NAME OF PERSON(S) OR ENTITY(S)