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JB\DRD\570015 GB - STATE & LOCAL (505/507/660) (7/24/00)
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PROJECT NO. 57337213
CONTRACT FOR THE
CITY OF ARCADIA
ABOVE GROUND TANK INSTALLATION AND FUEL PUMPS AQMD COMPLIANCE
PROJECT
1. PARTIES AND DATE.
This Contract is made and entered into this (>�lday of , 2003, by and
between the CITY OF ARCADIA (hereinafter called the "Owner ") and DenBoer Engineering and
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 request for time and material, not to exceed, issued by
Owner on August 1, 2003, has submitted a bid proposal for constructionof the ABOVE GROUND
TANK INSTALLATION AND FUEL PUMPS AQMD COMPLIANCE PROJECT described in the
Contract.
2.3 Owner has duly opened and considered the Contractor's bid proposal, and duly
awarded the proposal to Contractor in accordance with the Bid Documents, and has given written
notice to Contractor on August 20, 2003.
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
a
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 (N /A)
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)
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F�
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PROJECT NO. 57337213
Part "E" - Drawings (under separate cover)
Part "F" - Performance Bond
Part "G" - Payment Bond
f. ADDENDUM NO. dated
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 Owner shall have the right to
declare the Contract unexecuted and to award the Contract to another contractor in
accordance with state law.
Contractor s Initials
3.2 Contractor's Basic Obligation
Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all
labor, materials, tools, equipment, services, and incidental and customary work forthe construction
necessary to fully and adequately complete ABOVE GROUND TANK INSTALLATION AND FUEL
PUMPS AQMD COMPLIANCE PROJECT, including any alternates selected by the Owner, and all
structures and facilities described in the Contract (hereinafter the "Work "), for a total of THREE
HUNDRED EIGHTY FIVE THOUSAND DOLLARS AND NO CENTS ($385,000.00), as specified in
the Contract Bid Forms submitted by the Contractor in response to therequest by Owner. 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 al I 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.
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PROJECT NO. 57337213
3.4 Period of Performance
Contractor shall perform and complete all Work under this Contract within forty-five (45)
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 thatthe Ownerwill sufferdamage.
Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated
damages the sum of two hundred fifty dollars ($250.00) per day as provided by the applicable
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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.
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PROJECT NO. 57337213
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
DenBoer Engineering and Construction,
4575 East Camino Parocela
Palm Springs, CA 92264
Attn: Douglas G. DenBoer
Owner
City of Arcadia
11800 Goldring Road
Post Office Box 60021
Arcadia, Ca. 91066 -6021
Attn: Rafael Fajardo
S u rety
Inc. 5rO Aa (r- C,, y r2�TY N S v �214N�
40SO o46ZLIN&gZN AVC- G 77
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9 �s I0E f CA �tl s oy
Attn: Srcr-JZ-
With Conies To:
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
B ��...,•.,.
William R. Kelly
City Manager
President
Title
Tax I. D. Number
- 3-3—
Number
Contractor's License:
A - t+AZ-
Class
6 P> LE s'G
Number
ATTEST:(— A) 6 �� Q
By . A . ,1
J6 e D. Alford
City Clerk
Approved as to Form:
By: 4Aq� P
Stephen P. Deitsch
City Attorney
RVPUB\DRD \570015 CONTRACT-4 GB - STATE & LOCAL (505/507/660) (7/24/00)
PROJECT NO. 57337213
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of
the California Labor Code which require ever employer to be insure q y d 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:
In
n
De oer-Lngineerinq -and Constmction, Inc.
Signatur-f -71
(� ey C- D-CAJ �Bo�c2
Name
Title
8/xl --/03
Date
RVPUB\DRD\570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL 505/507/660 7 /24/00
Construction Proposal /Contract
This AGREEMENT is between:
DenBoer Engineering and Construction, Inc. PROJECT:
4575 E. Camino Parocela
Palm Springs, CA 92264
AND
City of Arcadia
240 West Huntington Blvd
Arcadia, CA 91007
Above Ground Tank Installation and Fuel
Pumps AQMD Compliance Project
A. CONSTRUCTION FUNDS: The name and address of the construction fund holder is:
City of Arcadia
B. DESCRIPTION OF WORK: Contractor will furnish all labor, equipment and materials to construct and
complete in a good, workmanlike and substantial manner the work detailed by the plans and specifications titled
Above Ground Tank Installation and Fuel Pumps AQMD Compliance Project, Project No. 57337213 with the
following exclusions:
Environmental Health, Fire, and Building and Safety permits for SB989 upgrade.
The City will provide environmental Monitor for 1166 monitoring and soils sampling.
4000 - gallon tank will be provided by the City.
Fuel Master 3500 Passive Systems will be provided and installed by the City.
C. PAYMENT: Owner will pay contractor on a time and material basis per the requirements of the
Specifications and the Green Book up to a not to exceed amount of $385,000.00. Any changes es to the contract
g
documents will be in addition to the not to exceed amount. Monthly draws for completed work will be invoiced
by the 25th of each month. Payments are to be received by 15th of following month.
D. TERMS AND CONDITIONS: The tenors and conditions attached to this contract are expressly
incorporated into this contract.
DATE: August 5, 2003
Contractors License No. 684563
DenBoer Engineering and Conviction, hic. City of Arcadia
BVA
er
By: JVd► 0-yrelrl �
TERMS AND CONDITIONS
1. Plans, Specifications and Permits The project will be constructed according to plans and specifications, which have been
examined by the Owner. Any changes to the plans will require an adjustment to the contract prices. Owner will pay for all required
building permits, assessments and charges required by public agencies and utilities for financing or repaying the cost of sewer, storm
drains, water services, electrical services and other utilities, including sewer, storm drain and electrical, reimbursement charges,
revolving fund charges, hook up charges and the like. Contractor will pay for survey and soil testing. Owner will pay for any special
inspection required.
2. Labor and Material Contractor shall pay all valid charges for labor and material incurred by contractor and used in the
construction of the project, but is excused by Owner from this obligation for bills received in any period where the Owner is in arrears
in making progress payments to the contractor.
No waiver or release of mechanics lien given by contractor shall be binding until all payments due to contractor when the
release was executed have actually been made.
3. Contract, Plans and Specifications The contract, plans and specifications are intended to supplement each other. In case of
conflict, however, the plans shall control over the specifications, and the provisions of this contract shall control both.
4. Delay Contractor shall be excused for any delay in completion of the contract caused by acts of God, acts of Owner's
agent, stormy weather, labor trouble, acts of public utilities, public bodies or inspectors, extra work, failure of Owner to make progress
payments promptly, or other contingencies unforeseen by contractor and beyond the reasonable control of the contractor.
5. Completion and Occupancy Owner agrees to sign and record a Notice Of Completion within five days after the completion
of the project. If the project passes final inspection by the public body but Owner fails to record Notice of Completion, then Owner
hereby appoints contractor as Owners agent to sign and record a Notice of Completion on behalf of Owner. This agency is irrevocable
and is an agency coupled with an interest. Contractor may use such force as is necessary to deny occupancy of the project by Owner or
anyone else until contractor has received all payments, excluding the retention payment, due under this contract, and until Notice of
Completion has been recorded.
6. Right to Stop Work Contractor shall have the right to stop work if any payment shall not be made to contractor under this
agreement; contractor may keep the job idle until all payments are received.
7. Attorney Fees If either party becomes involved in litigation arising out of this contract or the performance thereof, the court
in such litigation, or in a separate suit, shall award reasonable costs and expenses, including attorney fees, to the party justly entitled
thereto. In awarding attorney fees, the court will not be bound by any court fee schedule; but shall if it is in the interest of justice to do
so, award the full amount of costs, expenses and attorney fees paid or incurred in good faith.
8. Bankruptcy If either party becomes bankrupt, or makes an assignment for the benefit of creditors, the other party has the
right to cancel this contract.
9. Arbitration Any controversy arising out of the construction of the project referred to in this contract or regarding the
interpretation of this contact or, any subcontract or sub - subcontract is subject to arbitration. Owner, contractor, and all sub-
contractors are bound, each to the other, by this arbitration clause, provided such party has signed this contract or has signed another
contract which incorporates this contract by reference, or signs any other agreement to be bound by this arbitration clause.
Arbitration shall be had in accordance with the applicable Rules of the American Arbitration Association, which are in effect
at the time the demand for arbitration is filed. Should any party refuse or neglect to appear or participate in arbitration proceedings, the
arbitrator is empowered to decide the controversy in accordance with whatever evidence is presented. The arbitrator is authorized to
award any party or parties such sums as he shall deem proper for the time, expense and trouble of arbitration.