CITY OF PACIFICA
DEPARTMENT OF PUBLIC WORKS
CONTRACT
CONTRACT NO. __________________________
THIS AGREEMENT, made and concluded, in duplicate, March 14, 2022, between the City of Pacifica thereof, party of the first part, and
DRYCO Construction, Inc.
Contractor, party of the second part.
ARTICLE I.--WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the 2 bonds, bearing even date with these presents, and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City of Pacifica , the work described in the special provisions and the project plans described below, including any addenda thereto. and also in conformance with current California Department of Transportation Standard Plans, the Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, which said special provisions, project plans, Standard Plans, Standard Specifications, and Labor Surcharge and Equipment Rental Rates are hereby specially referred to and by such reference made a part hereof.
The special provisions for the work to be done are dated February 4, 2022 and are entitled:
CITY OF PACIFICA
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS AND SPECIAL PROVISIONS FOR
NORTH PACIFICA PEDESTRIAN IMPROVEMENT PROJECT
IN
PACIFICA, CALIFORNIA
The project plans for the work to be done were approved February 4, 2022 and are entitled:
CITY OF PACIFICA
DEPARTMENT OF PUBLIC WORKS
PROJECT PLANS FOR
NORTH PACIFICA PEDESTRIAN IMPROVEMENT PROJECT
IN
PACIFICA, CALIFORNIA
ATTACHMENT "A"
ARTICLE II.--The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE III.--The State general prevailing wage rates determined by the Director of Industrial Relations are hereby made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. When the project is subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay less than the higher rate. Federal wage rates can be found in Exhibit B.
ARTICLE IV.--By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in conformance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
ARTICLE V. --And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CITY OF PACIFICA, DEPARTMENT OF PUBLIC WORKS, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit:
ARTICLE VI. --The provisions of Form FHWA 1273 is hereby physically attached, unmodified as a part of this contract (Exhibit A). This provision applies to federal-aid contracts and all work performed by subcontracts and subsequent lower-tier subcontracts and required be physically included in each executed contract.
ARTICLE VII. -- The Minimum Federal Wage Rates Determination is hereby physically attached, in conformance with federal 10-day rule as a part of this contract (Exhibit B). This wage rate determination applies to federal-aid contracts and all work performed exceeding $2000 by subcontracts and subsequent lower-tier subcontracts and required be physically included in each executed contract.
BID ITEM LIST
ITEM ITEM DESCRIPTION UNIT QUANTITY UNIT
PRICE ITEM TOTAL
1 Mobilization and Demobilization LS 1 $18,500.00 $18,500.00 2 Clearing, Grubbing and
Environmental Protection LS 1 $15,000.00 $15,000.00
3 Traffic Control and Construction
Area Signs LS 1 $12,000.00 $12,000.00
4 Public Posting and Notification LS 1 $4,000.00 $4,000.00 5 Standard Curb and Gutter LF 323 $150.00 $48,450.00
6 PCC Curb Ramp EA 37 $4,550.00 $168,350.00
7 Additional Minor Concrete for PCC
Curb Ramps (Revocable Item) SF 1,400 $28.00 $39,200.00
TOTAL $305,500.00
IN WITNESS WHEREOF, The parties to these presents have here-unto set their hands the year and date first above written
CITY OF PACIFICA
By _______________________________________
Kevin Woodhouse, City Manager
Contractor: DRYCO Construction, Inc.
By _______________________________________
Licensed in accordance with
an act providing for the
registration of contractors,
License No. _______________________
Federal Employer Identification
Number __________________________
Approved and certified as being in conformance with the requirements of the State Contract Act. __________________________________________
Attorney, City of Pacifica
Approved Effective _______________________
CITY OF PACIFICA
DEPARTMENT OF PUBLIC WORKS
PAYMENT BOND
(Section 3247, Civil Code)
WHEREAS, The City of Pacifica, acting by and through the Department of Public Works, hereafter referred to as “Obligee”, has awarded to Contractor DRYCO Construction, Inc., hereafter designated as the “Principal”, a contract for the work described as follows:
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons as provided by law.
NOW, THEREFORE, we the undersigned Principal and Surety are bound unto the Obligee in the sum of ______________________________________________________________________ dollars ($ ___________________), for which payment, we bind ourselves, jointly and severally.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if said Principal or its subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board for the wages of employees of the Principal and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, that the surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the surety will pay a reasonable attorney’s fee to be fixed by the court.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.
Dated: ______________________________________, 20 ____
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
Principal
Surety (SEAL)
By : Attorney-in-Fact
NOTE: Signatures of those executing for the surety must be properly acknowledged.
CERTIFICATE OF ACKNOWLEDGEMENT
State of California
City / County of ________________________________________ SS On this _______ day of ___________________ in the year 20 ___ before me _________________________________, personally appeared
________________________________________________, personally known to me (or proved to me Attorney-in-fact
on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of ________________________________________________________ and acknowledged to me that he/she subscribed the name of the said company thereto as surety, and his/her own name as attorney-in-fact.
(SEAL) Notary Public
CITY OF PACIFICA
DEPARTMENT OF PUBLIC WORKS
PERFORMANCE BOND
(To Accompany Contract)
Bond No. _________________
WHEREAS, the City of Pacifica, acting by and through the Department of Public Works, has awarded to Contractor DRYCO Construction, Inc., hereafter designated as the “Contractor”, a contract for the work described as follows:
AND WHEREAS, the Contractor is required to furnish a bond in connection with said contract, guaranteeing the faithful performance thereof:
NOW, THEREFORE, we the undersigned Contractor and Surety are held firmly bound to the City of Pacifica in the sum of $ _________________________________________________ dollars ($ ___________________), to be paid to said City its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if the above bound Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall indemnify and save harmless the City of Pacifica, its officers and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, We have hereunto set our hands and seals on this ___________ day of ________________, 20___.
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
Contractor
Name of Surety (SEAL)
By: Attorney-in-Fact
NOTE: Signatures of those executing for the surety must be properly acknowledged.
CERTIFICATE OF ACKNOWLEDGEMENT
State of California, City / County of ________________________________________ SS On this _______ day of ___________________ in the year 20 ___ before me _________________________________, a notary public in and for the City / County of _____________________________________________, personally appeared ________________________________________________, known to me to be the person whose name is subscribed to this
Attorney-in-fact
instrument and known to me to be the attorney-in-fact of _______________________________________________ and acknowledged to me that he/she subscribed the name of the said company thereto as surety, and his/her own name as attorney-in-fact. (SEAL) NOTARY PUB