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CITY OF ARCADIA
INSTALLATION OF VEHICLE EXHAUST EXTRACTION SYSTEM
FOR THE FLEET SERVICES FACILITY
PROJECT #33820609
CONTRACT
BETWEEN
CITY OF ARCADIA
AND
D & J FOOTHILL ELECTRICAL CONTRACTORS, INC.
RVPUB\DRD \570015 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. 33820609)
CONTRACT FOR THE
CITY OF ARCADIA
INSTALLATION OF VEHICLE EXHAUST EXTRACTION SYSTEM
FOR THE FLEET SERVICES FACILITY PROJECT #33820609
1. PARTIES AND DATE.
This Contract is made and entered into this 41A day of eCfln e , 200q, by and
between the CITY OF ARCADIA (hereinafter called the "City ") and D & J FOOTHILL ELECTRICAL
CONTRACTORS, INC. (hereinafter called the "Contractor ").
2. RECITALS.
2.1 The City 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 September 28
and October 5, 2009, has submitted a bid proposal for the Installation of Vehicle Exhaust
Extraction System for the Fleet Services Facility Project #33820609 described in the Contract.
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
Documents, and has given written notice to Contractor on November 19, 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 (under separate cover)
Part "E" -
Drawings (under separate cover)
RVPUB\DRD \570015
CONTRACT -1 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. 33820609)
Part "F" - Performance Bond
Part "G" - Payment Bond
Part "H" - Escrow Agreement
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 fails to initial below, the City shall have the right to declare
the Contract unexecuted and to award the Contract to another contractor in accordance with
state law. N r,.
Contractor, s Initials
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 necessary to fully and adequately complete Installation of Vehicle Exhaust
Extraction System for the Fleet Services Facility Project #33820609, including any alternates
selected by the City, and all structures and facilities described in the Contract (hereinafter the
"Work "), for a total of ONE HUNDRED ONE THOUSAND, ONE HUNDRED FIFTY DOLLARS AND
NO CENTS, ($101,150.00), 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.
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 City 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.
RVPUB\DRD \570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. 33820609)
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 City will suffer
damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed
and liquidated damages the sum of ONE HUNDRED DOLLARS ($100.00) PER DAY as provided by
the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix.
3.5 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.
3.6 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 City.
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:
RVPUB\DRD \570015 CONTRACT-3 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. 33820609)
Contractor
D & J Foothill Electrical Contractors, Inc.
2451 First Street
La Verne, CA 91750
Attn: David Lammens, President
city
City of Arcadia
Public Works Services Department
11800 Goldring Road
P.O. Box 60021
Arcadia, CA 91066 -6021
Attn: Dave McVey, General Services Superintendent
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
ATTEST:
IAAtx h,
ty I r
Approved as to Form:
By.: P
Steph n P. Deitsch
City Attorney
D & J FOOTHILL ELECTRICAL
CONTRACT S, INC. ,
By: ll��i
David Lammens
President
RVPUB\DRD \570015 CONTRACT - 4
GB -STATE &LOCAL (505/507/660) (7/24/00)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of 0 Sq �h3
On 11130101 before me, ic44le-icy y y /Jai tj
Date Here Insert Name and Tit a of the Officer
personally appeared _U� t,'i /� �Ct irI /rT -e n.% S
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the persono whose nam,(46 /are
subscribed to the within instrument and acknowledged
to me that (CeMe /they executed the same in
er /their authorized capacity(iK, and that by
i er /their signature,kW on the instrument the
PAMELA VEHAWN person(, or the entity upon behalf of which the
Commission s 1855103 personp, acted, executed the instrument.
Notary Public - California
Los Anpeles County
MY Comm. Expires Jul 21, 201 1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official se I.
Signature:
Place Notary Seal and/or Stamp Above Signature of Notary Public
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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signet's Name: / Signer's Name:
orporate Officer — Title(s): f k eS r d e v r ❑ Corporate Officer — Title(s):
❑ Individual M. ❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ,`. ❑Guardian or Conservator
❑ Other: t4 ❑ Other:
Signer Is Representing: Signer Is Representing:
Wewn Naaonai Notary Association- 9350 ue Soto Ave., P.O. Box 2402 - Chatsworth, CA 91 31 3 -2402 - www.NationalNotary.org Item #5907 Reorder. Call Toll -Free 1 -800- 876 -6827
I
(PROJECT NO. 33820609)
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
1, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. 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. I agree to and will comply with such provisions before commencing the Work
governed by this Contract.
CONTRACTOR:
V,
Name of Contractor:
By:
Signature
David Lamens
Name
President
Title
11-30-09
Date
RVPUB\DRD\570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of D S I+A)q e— &—s
'� lLL c,U ti
On 11130 v before me,
Date ., Here Insert Name and Title of the Officer
personally appeared �fi6-u1-)
PAMELA VEHAWN
Commission # 1955003
Notary Public ' California
Los Angeles County
M Comm. Ex fires Jul 21, 2013
Place Notary Seal and/or Stamp Above
S
who proved to me on the basis of satisfactory
evidence to be the personP6 whose nam e,(,e66/are
subscribed to the within instrument and acknowledged
to me that ietshe /they executed the same in
ter/their er /their authorized capacity(ies), and that by
signature'" on the instrument the
personj4, or the entity upon behalf of which the
personpKacted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official se I.
Signature:
Signature of Notary Public
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:
Document Date:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Number of Pages:
Signer's Name: / Signer's Name:
orporate Officer— Title(s): R-f e-sr dean r ❑ Corporate Officer — Title(s):
❑ Individual
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.NationalNotary.org Item #5907 Reorder. Call Toll -Free 1. 800 - 876.6827
❑ Partner — ❑ Limited ❑ General
Top of thumb here
• Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
�� s
Signer Is Representing:
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.NationalNotary.org Item #5907 Reorder. Call Toll -Free 1. 800 - 876.6827