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CITY OF ARCADIA
REHABILITATION OF SANTA ANITA AVENUE FROM CAMINO
REAL TO LONGDEN AVENUE, DUARTE ROAD TO CHRISTINA
STREET, AND FROM FOOTHILL BOULEVARD TO 210 FREEWAY
PROJECT NO.: 41854810
CONTRACT
BETWEEN
CITY OF ARCADIA
SILVIA CONSTRUCTION, INC.
RVPUB\DRD \570015 GB - STATE & LOCAL (505/507/660) (7/24/00)
e _2S
(PROJECT NO. 41854810)
CONTRACT FOR THE
CITY OF ARCADIA
Rehabilitation Of Santa Anita Avenue From Camino Real To
Longden Avenue, Duarte Road To Christina Street, And From
Foothill Boulevard To 210 Freeway Project,
Project No.: 41854810
PARTIES AND DATE.
This Contract is made and entered into this day of , 20_, by and
between the CITY OF ARCADIA (hereinafter called the "Owner ") 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 Owner on August 2010,
has submitted a bid proposal for construction the Rehabilitation of Santa Anita Avenue from
Camino Real to Longden Avenue, Duarte Road to Christina Street, and from Foothill
Boulevard to 210 Freeway 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 October 6, 2010.
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
RVPUB\DRD \570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. 41854810)
Part "C" - Special Provisions
Part "D" - Specifications
Part "E" - Drawings
Part "F" - Performance Bond
Part "G" - Payment Bond
ADDENDUM NO. 1 & 2 dated 9/8/10 & 9/9/2010
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. /,
v i
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 for the construction
of Bid Category number(s) 1 thru 40 necessary to fully and adequately complete Rehabilitation of
Santa Anita Avenue from Camino Real to Longden Avenue, Duarte Road to Christina Street,
and from Foothill Boulevard to 210 Freeway Project, including any alternates selected by the
Owner, and all structures and facilities described in the Contract (hereinafter the "Work "), for a total
of ONE MILLION THREE HUNDRED ONE THOUSAND AND NINETY -ONE DOLLARS AND
FORTY -EIGHT CENTS ($1,301,091.48), 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 tc 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\DRD \570015 CONTRACT-2 GB - STATE & LOCAL (50515071660) (7124100)
(PROJECT NO. 41854810)
3.4 Period of Performance.
Contractor shall perform and complete all Work under this Contract within sixty (60)
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 Owner will 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. 41854810)
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
Attn: Kurtis Akabori
Vice President
Owner
City of Arcadia
11800 Goldring Road
Arcadia, CA 91066 -6021
Attn: 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 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 CONTRACTOR : SILVIA CONSTRUCTION, INC.
By: By.
onald enman Name/KURTIS AKABORI
City Manager
Approved as to Form:
/�
By: �,J
Stephen P. Deitsch
City Attorney
VICE PRESIDENT
Title
RVPUB\DRD \570015 CONTRACT-4
GB - STATE & LOCAL (505/507/660) (7/24/00)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On OCTOBER 11, 2010 , before me, PATRICIA BURKE, NOTARY PUBLIC personally
appeared KURTIS AKABORI ,who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that he executed
the same in his authorized capacity, and that by his signature on the instrument the person, or the
w entity upon behalf of which the person acted, 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 han and official seal. PATRICIA BURKE
Commission #► 1798307
Notary Public - California
San Bernardino County •
C�� 26,2012
�S' ature of Notary Public
Place Notary Seal Above
--------------------------------- OPTIONAL-------------------------- - - - - --
s 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
Singer's Name: Kurtls Akaborl
❑ INDIVIDUAL
RIGHT THUMBPRINT GP
❑ SIGNER
PARTNER
f ® CORPORATE OFFICER VICE PRESIDENT
❑TITLE
ATTORNEY IN FACT
❑ TRUSTEE
❑ GUARDIAN OR CONSERVATOR
❑ Other
Signer is Representing: SILVIA CONSTRUCTION INC.
NAME 0 F PERSON(S) OR ENTITY(S)
(PROJECT NO. 41854810)
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
I, 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:
Name of Contractor:
RVPUB\DRD \570015
SILVIA CONSTRUCTION, INC.
Signature
KURTIS AKABORI
Name
VICE PRESIDENT
Title
OCTOBER 11, 2010
Date
CONTRACT (EXHIBIT A)
GB -STATE &LOCAL (505/507/660) (7/24/00)
5
On OCTOBER 11, 2010 , before me, PATRICIA BURKE, NOTARY PUBLIC personally
appeared KURTIS AKABORI , who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that he executed
the same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, 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.
ONA &V PATRICIA BURKEU
WITNESS my h d and official seal. ' Comminion # 179aso� [
s Notary Public - California
San Bernardino County
W Comm.= M 24 2012
S' ature 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
Singer's Name: Kurtis Akabori
I
INDIVIDUAL
PARTNER
CORPORATE OFFICER VICE PRESIDENT
TITLE
ATTORNEY IN FACT
TRUSTEE
GUARDIAN OR CONSERVATOR
Other
Signer is Representing: SILVIA CONSTRUCTION, INC.
NAME OF PERSON(S) OR ENTITY(S)
RIGHT THUMBPRINT OF
SIGNER