CONTRACT
CITY OF MANHATTAN BEACH CONTRACT FOR
PIER RAILING REPLACEMENT PROJECT
THIS CONTRACT (Contract") is made and entered this _ 28th day ofOctober - 20_22
(Eve Date, bet CIT MANHATTAN BEACH, a California municipal corporation ("City") Applied Restoration Inc.
[Legal Form of Entity and state of formation, e.g., California corporation, limited partnership, limited liability companyl ("Contractor"). The Contractor's California State Contractor's license number is 1081367 In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bid documentation submitted before the Notice of Award), the Bonds, permits from regulator Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
2. Scope of Services. The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work in a good and workmanlike manner for the project identified as the Pier Railing Replacement Project ("Project), as described in the Contract Documents.
3. Compensation.
Contract Price and Basis for Payment. In consideration for the Contractor's full, complete, and timely performance of the Work required by the Contract Documents, the City shall pay the Contractor for the actual quantity of Work required under the Bid Items awarded by the City performed in accordance with the lump sum prices and unit prices for Bid Items, set forth in the Bidder's Proposal submitted with the Bid. The sum of the unit prices and lump sum prices for the Bid Items, awarded by the City is $2,340,590.00 _"Contract Price"). It is understood and agreed that the quantities set forth in the Bidder's Proposal for which unit prices are fixed are estimates only and that the City will pay and the Contractor will accept, as full payment for these items of work, the unit prices set forth in the Bidder's Proposal multiplied by the actual number of units performed, constructed, or completed as directed by the Engineer.
Payment Procedures. Based upon applications for payment submitted by the Contractor to the City, the City shall make payments to the Contractor in accordance with Section 7 of the Standard Specifications, as modified by Section 7 of the General Provisions.
4. Contract Time.
Initial Notice to Proceed. The City shall issue the "Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials." The date specified in the Notice to Proceed to Fulfill reconstruction Requirements and Order Materials constitutes the date of commencement of the Contract Time of 120 Working Days Days (number of working days may change if one or more of the Additive Bid Items are awarded). The Contract Time includes the time necessary to fulfill preconstruction requirements, place the order for materials, and to complete construction of the Project (except as adjusted by subsequent Change Orders). 12100-0001\2654178v1.doc C-1
City of MB Form
the Contractor must complete the preconstruction requirements within 20 Working Days after the The Notice to Proceed to Fulfill reconstruction Requirements shall further specify that date of commencement of the Contract Time; this duration is part of the Contract Time.
Preconstruction requirements include, but are not limited to, the following:
• Submitting and obtaining approval of Baseline Schedule • Submitting and obtaining approval of Traffic Control Plans • SIP Water Polition Control an the SPrate to Pian Prevention plan Demolition and Installation Plan
• Submitting and obtaining approval of critical required submittals listed in the Contract Documents and Technical Specifications (i.e., QA/QC test reports and certifications, shop drawings, product data sheets, calculations, shoring plans, safety plans, etc.) • Submitting all required samples and mock-ups for verification • Installation of the approved Project Identification Signs • Obtaining approved Permits from all applicable agencies • Obtaining a Temporary Use Permit for a construction yard, if applicable • Notifying all agencies, utilities, residents, etc., as outlined in the Contract Documents • Submitting and obtaining approval of a Project Staffing List with contact information and a Project Emergency Contact List.
anticipated for approximately two weeks after bid opening. The sample shall be a six-inch minimum length aluminum tube, finished to match project specifications and Seafoam Green color, and approved by the City Engineer and City Council.
Notice to Proceed with Order of Railings - Prior to ordering railing materials or starting fabrication, provide a mock-up of the railing system for approval by the Engineer. Mock- up sample for verification shall be fully assembled 6-foot-long railing made from full-size components, including top rail, posts, handrail, and infill. Show method of finishing members at intersections and welding quality. Mock-up shall be full size and finished to match project technical specifications and Seafoam Green color match. After the submittals and samples are determined suitable by the City, the City shall issue a "Notice to Proceed with Order of Railing Materials," at date of the "Notice to Proceed with Order of Railing Materials." The Contractor shall submit to the which time the Contractor shall place the order for the materials within ten working days of the City proof of the order and the manufacturer's tentative delivery schedule on the manufacturer's letterhead within ten working days of the date of placing the order. Mock-up Unit: If unit is approved by the Engineer, it shall remain on-site and be used as a standard of quality for remaining installations.
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City of MB Form
Fabrication of the work shall not commence until the on-site mock-up unit has been approved by the Engineer. Approved mock-ups shall not be incorporated into the finish work. met and materials have been ordered in accordance with the Notice to Proceed to Fulfill Notice to Proceed with Construction. After all preconstruction requirements are Preconstruction Requirements and Order Materials, the City shall issue the "Notice to Proceed with Construction," at which time the Contractor shall diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time.
5. Liquidated Damages for Delay and Control of Work.
Liquidated Damages. The Contractor and the City have agreed to liquidate damages pursuant to Section 6-9 of the General Provisions.
Early Completion.
6.1 Not Used
Contractor may schedule completion of all of the Work, or portions thereof, earlier than the City Not Liable for Contractor Failure to Achieve Early Completion. While the Contract Time, the City is exempt from liability for and the Contractor will not be entitled to an adjustment of the Contract Sum or to any additional costs, damages, including, but not limited to, management or administrative costs, or compensation whatsoever, for use of float time or for the claims for extended general conditions costs, home office overhead, jobsite overhead, and Contractor's inability to complete the Work earlier than the Contract Time for any reason whatsoever.
Work after Stop Work Notice. Any work completed by the Contractor after the issuance of a Stop Work Notice by the City shall be rejected and/or removed and replaced as specified in the applicable Section of the Special Provisions.
to the City all rights, title, and interest in and to all causes of action it may have under Section 4 Antitrust Claims. In entering into this Contract, the Contractor offers and agrees to assign of the Clayton Act (15 U.S.C. Sec.§ 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties.
Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply.
contractor will be required to secure the payment of compensation to its employees. in Workers' Compensation. Labor Code Sections 1860 and 3700 provide that every accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the hat ode, and w provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract." 12100-0001|2654178v1.doc C-3
City of MB Form
Titles. Thetitles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. represents that he or she has the authority to execute this Contract on behalf of the Contractor Authority. Any person executing this Contract on behalf of the Contractor warrants and and has the authority to bind the Contractor to the performance of its obligations hereunder. documents incorporated herein by specific reference, represents the entire and integrated Entire Agreement. This Contract, including the Contract Documents and any other negotiations, representations or agreements. This Contract may not be modified or amended, nor Contract between the City and the Contractor. This Contract supersedes all prior oral or written any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 12100-0001\2654178v1.doc
City of MB Form
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.
CITY: CONTRACTOR:
City of Manhattan Beach, [Contractor's Legal Name]
a California municipal corporation
By: Applied Restoration Inc.
Name: Oscar Bianchi
Title: CEO
By:
Name: Bruce Moe By: Oscar Bianchi
Title: City Manager Name: Oscar Bianchi
Title: CEO
ATTEST:
PROOF OF AUTHORITY
CONTRACTING PARTY REQUIRED BIND
By: See Attached
Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:
By:
Name: Steve S. Charelian
Title: Finance Director
APPROVED AS TO CONTENT:
By: _
Name: Erick Lee
Title: Public Works Director
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City of MB Form
Contractor Information
Legal Entity Name
Applied restoration, Inc
Legal Entity Type
Corporation
Status
Active
Registration Number
1000000100
Registration effective date
10/04/22
Registration expiration date
06/30/23
Mailing Address
1965 Gillespie Way,, Suite # 104 El Cajon 92020 CA United States of America Physical Address
1965 Gillespie Way, Suite # 104 El Cajon 92020 CA United States of America [email protected]
Trade Name/DBA
Applied Restoration, Inc. dba ARI
License Number (s)
CSLB:1081367
Legal Entity Information
Corporation Entity Number:
1000000100
Federal Employment Identification Number:
871429347
President Name:
Larry White
Vice President Name:
Treasurer Name:
Secretary Name:
CEO Name:
Oscar Bianchi
Agency for Service:
Agent of Service Name:
Mark Collingsworth
Agent of Service Mailing Address:
9665 Chesapeake Dr Ste 305 San Diego 92123 CA United States of America