Loading...
Project 133 - Contract - Schuler 1994-08-18 PROJECT NPVE PUMP STATION MAINTENANCE PROJECT NO 112100-133 A G R E E M E N T , THIS AGREEMENT is made and entered into by and between the COSTA MESA SANI- TARY DISTRICT a district formed pursuant to the Sanitary District Act of 1923 hereinafter called 'DISTRICT' and SCHULER ENGINEERING 12155 Magnolia #9C hereinafter called 'CONTRACTOR' Riverside CA 92515-8517 RECITAL S. DISTRICT has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract On August 18 1994 after notice duly given, the DISTRICT BOARD awarded the contract for the construction of improvements hereinafter described to CONTRACTOR, which CONTRACTOR said BOARD found to be the lowest responsible bidder for construction of said improvements TERMS The parties hereto agree as folows 1 SCOPE OF WORK CONT'RAC'TOR shall perform the work described briefly as follows. Pump Station Maintenance in accordance with plans specifications and requirements set forth for Project No 112100-133 The aforesaid improvements are further described in the 'Contract Documents hereinafter referred to -1- 2 CONTRACT DOCUMENTS The complete contract consists of the following documents This Agreement Notice Inviting Sealed Proposals the Accepted Bid the complete plans profiles detailed drawings and spaifications Faithful Performance Bond Tatar and Material Bond and Guarantee Bond Insurance Documents and all addenda setting forth any modifications or interpretations of said documents All rights and obligations of DISTRICT and Ctt.TRAC OR are fully set forth and described in the Contract Documents. The terms of this Agreement shall prevail over all written specifications except as provided for in any Addendum' attached hereto. All of the above named documents are intended to cooperate so that any work called for in one and not mentioned in the other or vice versa is to be executed the same as if mentioned in all said documents. The documents comprising the carplete contract will hereinafter be referred to as the 'Contract Documents' 3 SCHEDULE All work shall be performed in accorance with the schedule approved by DISTRICT ENGINEER and under his direction. 4 EQUIPMENT - PERFORMANCE OF WORK CONTRACTOR shall furnish all tools equipment apparatus facilities labor and materials necessary to perform and complete in a good and workmanlike manner the work of general construction as called for and in the manner designated in and in strict conformity with, the plans and specifications for said work which said specifications are entitled. The equipment apparatus facilities labor and material shall be fur- nished and said work performed and completed as required in said plans and specifi- cations to the satisfaction of and subject to the acceptance of the DISTRICT ENGINEER or his designated assistant -2- 5 CONTRACT PRICE The contract price shall be One Hundred One Thousand One Hundred Dollars ($ 101 100 00 ) with adjustments up or dawn in accordance with bid unit prices finally calculated by CONTRACTOR and DISTRICT 6 TIME OF PERFORMANCE The time fixed for the camence rent of such work is within ten ( 10 ) days after the date of the contract and to complete, said work within forty-five ( 45 ) working days from the first day of commencement of such work. 7 TIME OF PERFORMANCE - EXTENSION If such work be not completed within such time the DISTRICT BOARD or its designee shall have the right to increase the number of working days in the amount it may determine will best serve the interests of DISTRICT and if it desires to increase said number of working days it shall have the further right to charge to CONTRACTOR and deduct fram the final payment for the work the actual cost of engineering construction review and other overhead expenses which are directly chargeable to CONTRACTOR and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges provided, however that no extension of time for the completion of such work shall ever be allowed unless at least twenty (20) days prior to the time herein fixed for the completion thereof or the time fixed by the DISTRICT BOARD or its designee for such completion as extended CONTRACTOR shall have filed application for extension thereof in writing with the DISTRICT MANAGER/ENGINEER addressed to the DISTRICT BOARD and its designee Said applica- tion shall be made pursuant to the requirements of Sections 20104 through 20104 8 Public Contracts Code In this conneuLion it is understood that the DISTRICT MANAGER/ENGINEER shall not transmit any such request to the DISTRICT BOARD if not filed within the time herein prescribed -3- 8 OPTION OF DISTRICT TO TERMINATE AGREEMENT IN EVENT OF FAILURE TO COMPLETE WORK If CONTRACTOR shall have refused or failed to prosecute the work or any severable part thereof with such diligence as will insure its completion within the time specified, or any extensions thereof or shall have failed to complete said work within such time or if CONTRACTOR should be adjudged a bankrupt or if CONTRACTOR should make a general assignment for the benefit of CONTRACTOR S credi- tors or if a receiver should be appointed in the event of CONTRACTOR s insolvency or if CONIRAC CR or any subcontractor should violate any of the provisions of this Agreement the DISTRICT MANAGER/ENGINEER or the DISTRICT BOARD may give writ- ten notice to CONTRACTOR and CONTRACTOR S sureties of the intention to terminate this Agreement and unless within five (5) days after the serving of such notice such violation shall cease and satisfactory arrangements for the correction thereof be made this Agreement may at the option of DISTRICT upon the expiration of said time cease and terminate 9 LIQUIDATED DAMAGES In the event CONTRACTOR, for any reason shall have failed to perform the work herein specified within the time herein required and to the satisfaction of DISTRICT ENGINEER, DISTRICT may in lieu of any other of its rights authorized by Paragraph 8 of this Agreement deduct from payments or credits due CONTRACTOR after such breach a sum equal to T o Hundred Fifty ($250 00) Dollars as liquidated damages for each day beyond the date herein provided for the cuvletion of such work This sum is established pursuant to Section 53069 85 of the Government Code and is deemed by the parties hereto to be a reasonable amount 10 PERFORMANCE OF SURETIES In the event of any termination as hereinabove provided the DISTRICT shall immediatell, give written notice thereof to CONTRACTOR and CONTRACTOR S sure- ties and the sureties shall have the right take over and perform the Agreement provided however that if the sureties within five (5) days after giving than said notice of termination do not give DISTRICT written notice of their intention -4- to take over the performance of the Agreerent and do not camnnce performance thereof within five (5) days after notice to the DISTRICT of such election DIS- TRICT may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of CONTRACTOR and the sureties shall be liable to DISTRICT for any excess cost or damages occasioned DISTRICT thereby and in such event DISTRICT may without' liability for so doing take possession of and utilize in completing the work, such materials appliances, plant and other property belonging to CONTRACTOR as' may be on the site of the work and necessary therefor 11 DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting the true value of the work done, of any work omitted, of any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract such dispute shall he decided pursuant to Section 20104 through 20104 8 Public Contracts Code as the same is now in force and as the same may be amended from time to time 12 PERMITS - COMPLIANCE WITH LAW CONTRACTOR shall at CONTRACTOR s expense obtain all necessary permits and licenses for the construction of each improvement give all necessary notices and pay all fees and taxes required by law 13 SUPERINTENDENCE BY CONTRACTOR CONTRACTOR shall give personal superintendence to the work on said im- provement or have a competent foreman or superintendent satisfactory to the DIS- TRICT ENGINEER on the work at all times during progress with authority to act for him. 14 INSPECTION BY DISTRICT CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by DISTRICT to all parts of the work and to the shops wherein the work is in preparation -5- 15 EXTRA AND/OR ADDITIONAL WORK OR CHANGES Should DISTRICT at any time during the progress of said cork request any alteratons deviations additions or emissions from said specifications or plans or other contract documents it shall be at lihorty to do so, and the same shall in no way affect or make void the Contract but will be added to, or deducted fran the amount of said contract price as the case may be by a fair and reasonable valua- tion. Request for such change must be made in writing signed by the DISTRICT ENGINEER, shall be accompanied by plans and specifications for such purpose and shall be accepted in writing by CONTRACTOR. 16 INSPELrION AND TESTING OF MATERIALS CONTRACTOR shall notify DISTRICT a sufficient time in advance of the manufacture or production of materials to be supplied by CONTRACTOR under this Contract in order that DISTRICT may arrange for mill or factory inspection and testing of same Any materials shipped by CCNPRACIOR from factory prior to having satis- factorily passed such testing and inspection by DISTRICT'S representative shall not be used on said improvement unless CONTRALIUR is previously notified by DISTRICT that such testing and inspection will not be required. CONTRACTOR shall also furnish DISTRICT in triplicate certified copies of all required factory and mill test reports 17 PERMITS AND CARE OF THE WORK CONTRACTOR has examined the site of the work and is familiar with its topography and condition location of property liens easements building lines and other physical factors and limitations affecting the performance of this Agreement CONTRACTOR at CCNTRACTOR S expense shall obtain any permission necessary for any operations conducted off the property owned or controlled by DISTRICT CONTRACTOR shall be responsible for the proper care and protection of all materials delivered and the work performed until completion and final inspection and acceptance -6- 18 OTHER CONTRACTS DISTRICT may award other contracts for additional work and CONTRACTOR shall fully cooperate with such other contractors and carefully fit CONTRACTOR S own work to that provided under other contracts as may be directed by DISTRICT MANAGER/ENGINEER. COMRACIOR shall not commit or permit any act which will inter- fere with the performance of work by any other contractor 19 PAYMENTS TO CONTRACTOR (A) On or before the 25th day of each and every month during the perfor- mance of the work CONTRACTOR shall submit to DISTRICT MANAttR/ENGINEER an itemized statement of quantities with unit prices of materials incorporated into the im- provement during the preceding month or if the contract price is a lump sum, an estimate of the percentage of the total work incorporated into the improvement during the preceding month and the portion of the contract sum applicable thereto On approval in writing of said statement by DISTRICT MANAGER/ENGINEER, it shall be submitted to the DISTRICT FINANCE OFFICER and then to the DISTRICT BOARD. It is understood and agreed between the parties that lead time for processing invoices for inclusion on the warrant list of the DISTRICT has been established by the DISTRICT FINANCE OFFICE and that invoices for payment will be processed and paid in accordance with any established rules and regulations of said DISTRICT FINANCE OFFICER. Payment shall be ninety-five (95%) percent of the amount invoiced the remaining five (5%) percent to be subject to the provisions of Paragraph (B) The payment as provided for herein [except for the retention provided for in Paragraph (B) ] shall be made the day following its approval by the DISTRICT BOARD at its next regular meeting following the subiuttal of the invoice to the BOARD by the DISTRICT MANANGER/El\EINEER. (B) DISTRICT reserves the right to retain five (5%) percent of the contract price for a period of thirty-five (35) days after the filing of the notice of completion of the Contract CONTRACTOR shall have the following options pursuant to Section 22300 Public Contracts Code -7- (a) To substitute securities for any money retained by DISTRICT• (b) To require DISTRICT to pay into an escrow created at the expense of CONTRACTOR. The substitute securities provided for herein may be held pursuant to Section 22300 and any escrow agreement entered into between the parties shall be in 1 t the statutory form set forth in Section 22300 20 CONTRACT SECURITY 4 Concurrently with the execution hereof CONTRACTOR shall furnish. (1) a surety bond in an amount equal to one hundred (100%) percent of the contract price as security for the Faithful Performance of this Contract (2) a separate surety bond in an amount equal to at least one hundred (100%) percent of the contract price as security for payment of all persons performing labor and furnishing mate- rials in connection with this Contract and (3) in addition to the 'Faithul Perfor- mance Bond and the 'labor and Material Bond' CONTRACTOR shall also furnish to DISTRICT a 'Guarantee Bond in the amount of Ten Thousand ($10 000) Dollars or ten (10%) percent of the contract price whichever is greater, as security for this guarantee to be retained by DISTRICT for a period of one (1) year after the date of written acceptance by DISTRICT of all work performed under this Contract s Sureties in each of said bonds and the form thereof shall be satisfactory to DIS- TRICT The bonds required hereunder shall be provided by a domestic carrier authorized to, and doing busines in the State of California and rated A+ by Best } Key Rating Guide--Property--Casualty and adnitted for coverage in the State of California Insurance Guarantee Fund 21 INDEMNIFICATION V1NIFICATION CONTRACTOR hereby agrees to protect defend indemnify and hold DISTRICT its elecive board officers agents and employees harmless from and against any and all attorneys fees costs expenses or damages of an' nature by reason of injury sustained b'. an• person including death at any time resulting therefrom, or by -8- reason of loss of loss of use of injury to or destruction of property including consequential damages of any nature resulting therefrom, arising out of performance of this Contract by or on behalf of CONTRACTOR, including damages occasioned by or allegedly occasioned by joint or contributory negligence or omission or affirmative acts in connection with supervision or direcLion of the work by DISTRICT its elective or appointed board officers agents or employees The provisions of the foregoing paragraph shall in no event apply to damages occasioned by the sole negligence of DISTRICT its elective board, officers agents or employees CONTRACTOR further agrees to protect defend, indemnify and hold DISTRICT free and harmless from and against any and all obligations and liabilities under any statutes laws or regulations pertaining to provisions of a safe place for the employment of workers (Safe Place Statutes) or any similar statutes laws or regulations with respect to injury sustained including death at any time resulting therefrom, by any employee of CIONTRACTCR, CONTRACTOR S subcontractors or others performing under this Contract on behalf of CONTRACTOR. DISTRICT does not and shall not waive any rights against CONTRACTOR which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by DISTRICT or the deposit with DISTRICT by CONTRACTOR of any of the insurance policies hereinafter described in Paragraph 22 hereof The aforesaid hold harmless agreements by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered or alleged to have been suffered including but not limited to attorneys fees by reason of the aforesaid operations of CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR, regardless of whether or not such insurance policies shall have been determined to be applicable to any of sucn damages or claims for damages 22 INSURANCE CONTRACTOR shall not commence cork under this Contract until he shall have obtained all insurance required under this section and such insurance shall -9- have been approved by DISTRICT as to form, amount and carrier nor shall CONTRACTOR allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved Failure of CCNTRACTOR to supply and failure of DISTRICT to secure and/or approve specified insurance shall not alter or invalidate the provisions of Section 21 of this Contract A. workers' Compensation Insurance CONTRACTOR shall take out and maintain during the life of this Con- tract workers compensation insurance and if any work is sublet CONTRACTOR shall require subcontractor similarly to provide workers compensation insurance CON- TRACTOR agrees to indemnify DISTRICT for any damage resulting to it from failure of either CONTR CTOR or any snhrontractor to take out or maintain such insurance. B Public Liability and Property Damage Insurance CONTRAI:TUR shall take out and maintain during the life of this Con- tract such public liability and property damage insurance as shall proteLL DISTRICT its elective and appointive board officers agents and employees CONTRACTOR and any subcontractors performing work covered by this Contract fran claims for damages for personal injury including death as well as from claims for property damage which may arise from CONTRACTOR S or any subcontractor s operations under this Contract whether such operations be by CONTRACTOR or by any subcontractor or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor and the amount of such insurance shall be as follows (1) Public Liability and Property Damage Insurance on account of bodily injuries including death resulting therefrom in the sum of not less than Five Million ($5 000 000) Dollars combined single limit resulting from any one accident which may arise fran the operations of CONTRACTOR in performing the work provided for herein -10- (2) Said Public Liability and Property Damage Insurance (including automobiles)shall be endorsed to name the COSTA MESA SANITARY DISTRICT its elec- tive board officers agents and employees as additional insureds with respect to all operations performed by or on behalf of CONIYRACIOR. Said policy shall be endorsed to provide that coverage shall not be reduced or cancelled unless and until thirty (30) days advance notice of such reduction and/or cancellation has been mailed to DISTRICT (3) Said Public Liability and Property Damage Insurance (including automobiles) shall include contractual liability insurance applying to liability assumed under this Contract (4) Said Public Liability and Property Damage Insurance shall be endorsed to stipulate that such insurance as is afforded to the COSTA MESA SANITARY DISTRICT its elective board officers agents and employees shall be primary insurance and not contributing with any other insurance maintained by DISTRICT 23 PROOF OF INSURANCE CONTRACTOR shall furnish DISTRICT through the DISTRICT MANAGER/ENGINEER, concurrently with the execution hereof with satisfactory proof of carriage of the insurance required and adequate legal assurance that each carrier will give DIS- TRICT at least thirty (30) days prior notice of the cancellation of any policy during the effective period of this Contract The insurance required to be provided herein shall be provided by a domestic carrier authorized to and doing business in, the State of California and rated A+ by Best Key Rating Guide--Property--Casualty and admitted for coverage in the State of California Insurance Guarantee Fund 24 LEGAL WORK DAY - PENALTIES FOR VIOLATION Eight (8) hours of labor snail constitute a legal day s cork CONTRACTOR shall not require more than eight (8) hours labor in a day from any person employed by CONTRACTVR in the performance of such pork. CONTRACTOR shall forfeit as a -11- penalty to DISTRICT the sum of One Hundred ($100 00) Dollars for each laborer workman or mechanic alloyed in the execution of this Contract by CONTRACTOR or by any subcontractor for each calendar day during which such laborer workman- or mechanic is required or permitted to labor more than eight (8) hours per day in violation of the provisions of Section 1815 of the Labor Code of the State of California 25 PREVAILING WAGE SCALE The minimum compensation to be paid for later upon all work performed under this Contract shall be the general prevailing wage scale established by Department of Industrial Safety for the State of California and as adopted by DISTRICT CONTRACTOR shall comply in all respects with Title 40 U S C Section 276a, also known as 'The Davis-Bacon Act where federal funds are involved and CONTRACTOR shall also comply in all respects with California Jatnr Cade SeLLions 1770 et seq if applirahle If CONTRACTOR is engaged in the construction, prosecution completion or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States CONTRACTOR shall furnish each week to the DISTRICT FINANCE OFFICER a statement with respect to the wages paid each of its employees during the preceding weekly payroll period. 26 EMERGENCY - ADDITIONAL TIME FOR PERFORMANCE - PROCUREMENT OF MATERIALS If because of war or other declared national emergency the Federal or State government restricts regulates or controls the procurement and allocation of labor or materials or both and if solely because of said restrictions regula- tions or controls CONTRACTOR is through no fault of CONTRACTOR, unable to perform this Agreement or the work is thereby suspended or delayed any of the following steps may be taken A. DISTRICT may pursuant to resolution of the BOARD grant CONTRACTOR additional time for the performance of this Agreement sufficient to compensate in time for said delay or suspension -12- To qualify for such extension of time CONTRACTOR , within three (3) days of CONTRACTOR s discovering such inability to perform, shall notify DIS- TRICT MANAGER/ENGINEER in writing thereof and give specific reasons therefor DISTRICT MANAGER/ENGINEER shall thereupon have sixty (60) days within which to procure such needed materials or labor as it is specified in this Agreement or permit substitution or provide for changes in the work in accordance with other provisions of this Agreement Substituted materials or changes in the work, or both, shall be ordered in writing by DISTRICT MANAGER/ENGINEER, and the concurrence of the DISTRICT BOARD shall not be necessary All reasonable expenses of such procurement incurred by the DISTRICT MANAGER/ENGINEER shall be defrayed by CON- TRACTOR, or B. If such necessary materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either party may upon thirty (30) days written notice to the other terminate this Agreement In such event CONTRACTOR shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed or upon a cost plus ten (10%) percent basis whichever is the lesser Materials on the ground in process of fabrication or en route upon the date of notice of termination specially ordered for the project and which cannot be utilized by CONTRACTOR, shall be com- pensated for by DISTRICT at a cost including freight provided that CONTRACTOR shall take all steps possible to minimize this obligation or C DISTRICT BOARD, by resolution, may suspend this Agreement until the cause of inability to perform is removed but for a period of not to exceed ninety (90) days If this Agreement is not cancelled and the inability of CONTRACTOR to perform continues without fault on CONTRACTOR S part beyond the time during which the Agreement may have been suspended as hereinabove provided DISTRICT BOARD may further suspend this Agreement or either party hereto may without insurring any liability elect to declare this Agreement terminated upon the ground of impossi- bility of performance In the event DISTRICT declares this Agreement terminated -13- such declaration shall be authorized by the DISTRICT BOARD by resolution and CONTRACTOR shall be notified in writing thereof within five (5) days after the adoption of such resolution Upon such termination CONTRACTOR shall be entitled to proportionate compensation at the agreement rate for such portion of the Agree- ment as may have been performed or D DISTRICT may terminate this Agreement in which case CONTRACTOR shall be entitled to proportionate compensation at the agreement rate for such portion of the Agreement as .may have been performed. Such termination shall be authorized by resolution of the DISTRICT 'BORAD Notice thereof shall be forthwith given in writing to DDNTRACIOR and this Agreement shall be terminated upon receipt by CONTRACTOR of such,notice 27 PROVISIONS CUMULATIVE The provisions of this Agreement are cumulative and in addition to, and not in limitation of any other rights or remedies available to DISTRICT 28 NOTIOPs It shall be the duty and responsibility of CONTRACTOR to notify suhron- tractors and materialmen of the following special notice provision namely all notices of intention to lien or stop notices shall be either personally delivered or transmitted by certified mail but in either event. said notices shall be di- tected to the DISTRICT All notices shall be in writing and delivered in person or transmitted by certified mail postage prepaid. Notices required to be given to DISTRICT shall be addressed as follows COSTA MESA SANITARY DISTRICT 77 Fair Drive Costa Mesa California 92626 Notices required to be given to CONTRACTOR shall be addressed as follows SCHULER ENGINEERING CORPORATION 12155 Magnolia. Avenue Suite 9-C Riverside California 92515-8517 Notices required to be given to CONTRACTOR' S sureties shall be addressed as follows Fidelity and Deposit Company of Maryland Dated this /t" - day of � g.- 199 { COSTA MESA SANITARY DISTRICT 41 A J S�A WINF) PRESIDENT ATTEST By SECRETARY APPROVED AS TO FORM By e? -# ATTO EY FOR RICT APPROVED AS TO CONTENT By �V111 DIST IC_ ENGINEER CONTRACTOR SCHULER ENGINEERING CORPORATION By : •U� A SCHULER PRESIDENT -15-