38074.00001\40492712.1
City of Pleasant Hill
Taylor Boulevard Improvements Project
Civic Drive to Ruth Drive
Project No. 01‐23
‐1‐
00 52 13 – CONTRACT
This CONTRACT is made and entered into this __ __ day of __ _____, 2023, by and between City of Pleasant Hill, sometimes hereinafter called “City,” and Kerex Engineering, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Section (e), below, for the following Project:
TAYLOR BOULEVARD IMPROVEMENTS PROJECT
CIVIC DRIVE TO RUTH DRIVE, PROJECT NO. 01‐23
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 45 working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. c. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of __one million five hundred thirty‐four thousand seven hundred eighty‐six dollars and fifty cents ($__1,534,786.50__). Payment shall be made as set forth in the General Conditions.
d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. e. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
38074.00001\40492712.1
City of Pleasant Hill
Taylor Boulevard Improvements Project
Civic Drive to Ruth Drive
Project No. 01‐23
‐2‐ 00 52 13 – CONTRACT
Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non‐Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Maintenance Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Plans and Specifications of the State of California (Caltrans), latest edition and addendums
California Manual on Uniform Traffic Control Devices (CA MUTCD), latest edition and addendums Contra Costa County Public Works and Community Development Department Standard Plans, March 2014 edition, including latest revisions and addendums Stormwater Best Management Practice Handbook (Municipal), 2003 edition, California Stormwater Quality Association
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]