12100-0001\2654178v1.doc
City of MB Form
C-1
CONTRACT
CITY OF MANHATTAN BEACH CONTRACT FOR
SLURRY SEAL PROJECT – NORTH AREA OF SAND SECTION
THIS CONTRACT (“Contract”) is made and entered this 17th day of January, 2023 (“Effective Date”), by and between the CITY OF MANHATTAN BEACH, a California municipal corporation (“City”) and Pavement Coatings Co., a California Co rporation (“Contractor”). The Contractor’s California State Contractor’s license number is 303609.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consi st of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including docum entation accompanying the Bid and any post- Bid documentation submitted before the Notice of Aw ard), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Spe cial Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental 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 complet e the Work in a good and workmanlike manner for the Slurry Seal Project – North Area of the Sand Section (“Project”), as described in the Contract identified as Documents.
3. Compensation.
3.1 Contract Price and Basis for Payment. In consid eration 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 pric es and unit prices for Bid Items, set forth in the Bidder’s Proposal submitted with the Bid. The s um of the unit prices and lump sum prices for the Bid Items, awarded by the City is $1,188,249 (“Contract Price”) for only the base bid, additive bid schedules A, D, and E. It is understood and agreed that the quantities s et forth in the Bidder’s Proposal for which unit prices are fix ed 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 numb er of units performed, constructed, or completed as directed by the Engineer.
3.2 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.
4.1 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 Preconstruction Requirements and Order M aterials constitutes the date of commencement of the Contract Time of 51 Working Days . 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
City of MB Form
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The Notice to Proceed to Fulfill Preconstruction Re quirements and Order Materials shall further specify that the Contractor must complete t he preconstruction requirements and order materials within 10 Working Days after the 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:
• Submit and obtain approval of Baseline Schedule
• Submit Construction and Demolition Waste Managemen t Plan
• Submit and obtain approval of Traffic Control Plan s
• Submit and obtain approval of the Water Pollution Control Plan (WPCP)
• Submit Monument Inventory List
• Install approved Changeable Message Signs
• Obtain approved Permits from all applicable agenci es
• Obtain rights to use a construction yard, if appli cable
• Notify all agencies, utilities, residents, etc., a s outlined in the Contract Documents
• Submit and obtain approval of a Project Staffing L ist with contact information, a Project Emergency Contact List, and Illness Prevention Program.
• Submit and obtain approval of critical required su bmittals listed in the Contract Documents and Special Provisions (i.e., asphalt and base materials, patch materials, crack sealant, slurry mix design, sealcoat, reflective pavement markers and adhesive, thermoplastic, decorative crosswalk or approved equal, paint, reflective glass beads, galvanized rebar spikes, rapid dry waterborne paint, parking wheel stop anchor, etc.)
4.2 Not Used
4.3 Not Used
4.4 Notice to Proceed with Construction. After all preconstruction requirements are met and materials have been ordered in accordance w ith the Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials, t he City shall issue the “Notice to Proceed with Construction,” at which time the Contractor sh all 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 .
5.1 Liquidated Damages. The Contractor and the City have agreed to liquidate damages pursuant to Section 6-9 of the General Provisions.
6. Early Completion.
6.1 Not Used
12100-0001\2654178v1.doc
City of MB Form
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6.2 City Not Liable for Contractor Failure to Achie ve Early Completion. While the Contractor may schedule completion of all of the Wo rk, or portions thereof, earlier than the Contract Time, the City is exempt from liability fo r 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, claims for extended general conditions costs, home office overhead, jobsite overhead, and management or administrative costs, or compensation whatsoever, for use of float time or for the Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever.
7. 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.
8. Antitrust Claims. In entering into this Contract , the Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.§ 15) or under th e Cartwright Act (Business and Professions Code Section 16700 et seq .) arising from purchases of goods, services, or ma terials pursuant to the Contract. This assignment shall be made and bec ome effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties.
9. Prevailing Wages. The City and the Contractor ac knowledge that the Project is a public work to which prevailing wages apply.
10. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment o f compensation to its employees. In accordance with the provisions of Labor Code Sectio n 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of th e Labor Code which require every employer to be insured against liabil ity for workers’ compensation or to undertake self-insurance in acco rdance with the provisions of that Code, and I will comply with suc h provisions before commencing the performance of the Work of this Contract.”
11. Titles. The titles used in this Contract are fo r convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
12. Authority. Any person executing this Contract o n behalf of the Contractor warrants and represents that he or she has the authority to exec ute this Contract on behalf of the Contractor and has the authority to bind the Contractor to the performance of its obligations hereunder.
13. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference , represents the entire and integrated Contract between the City and the Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
14. 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.
IN WITNESS WHEREOF, the parties hereto have execute d this Contract the day and year first above written.
12100-0001\2654178v1.doc
City of MB Form
C-4
CITY:
City of Manhattan Beach,
a California municipal corporation
By:
Name: Bruce Moe
Title: City Manager
ATTEST:
By:
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
CONTRACTOR:
[Pavement Coatings Co.]
By:
Name:
Title:
By:
Name:
Title:
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED