2600 Moraga Road Abatement & 2022 Form CONTRACT
Demolition Project Page 25
0501
Contract
This public works contract (“Contract”) is entered into by and between the City of San Pablo (“
City”) and Profesional Asbestos Removal Company DBA PARC Environmental of Fresno, CA (“Contractor”)
, for work on the 2600 Moraga Road Abatement & Demolition Project (“Project”).
The parties agree as follows:
1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid
Proposal to perform the Work to construct the Project. On July 31, 2023, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.
2. Contract Documents. The Contract Documents incorporate d into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.
2. 1 Notice Inviting Bids;
2.2 Instructions to Bidders;
2.3 Addenda, if any;
2.4 Bid Proposal and attachments thereto as may be mutually revised;
2.5 Contract;
2.6 Payment and Performance Bonds;
2.7 General Conditions;
2.8 Special Conditions;
2.9 Project Plans and Specifications;
2.10 Change Orders, if any;
2.11 Notice of Potential Award;
2.12 Notice to Proceed; and
2.13 Attachment A – Construction Waste Management Form
2.14 The following:
__________________________________________________________________ __________________________________________________________________
3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things
necessary and incidental for the timely performance and completion of the Work, includi
ng all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and
expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and in full compliance with Laws.
4. Payment.
As full and complete compensation for Contractor’s timely performance and completi
on of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $ 1,042,635.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with t he payment provisions in the General Conditions.
5. Time for Completion. Contractor will fully complete the Work for the Project within 50 working days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.
2600 Moraga Road Abatement & 2022 Form CONTRACT
Demolition Project Page 26
0501
6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $2,500 per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
7. Labor Code
Compliance.
7.1 Gen
eral. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.
7.2 Pr
evailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.
7.3 DIR
Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.
8. Workers
’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
9. Confl
icts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
10. Independ
ent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.
11. Noti
ce. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:
2600 Moraga Road Abatement & 2022 Form CONTRACT
Demolition Project Page 27
0501
City Contractor
Name City of San Pablo
Address 1000 Gateway Avenue
City/state/zip San Pablo, California 94806
Phone (510) 215-3060
Fax (510) 215-3013
Attn: City Clerk
Email [email protected]
Copy to: Matt Brown, Senior Civil Engineer
12. Gener
al Provisions.
12.1 Ass
ignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.
12.2 Third P
arty Beneficiaries. There are no intended third-party beneficiaries to this Contract.
12.3 Governi
ng Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Contra Costa County, and no other place.
Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.
12.4 Amen
dment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.
12.5 Inte
gration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.
12.6 Sever
ability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.
12.7 Iran C
ontracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.
12.8 Aut
horization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313.
SPACE INT
ENTIONALLY LEFT BLANK
PARC Environmental
2864 E. Dorothy Avenue
Fresno, California 93706
(559) 233-7156
(559) 233-4284
Daniel Sanchez- Project Manager
[email protected]
Daniel Sanchez- Project Manager
2600 Moraga Road Abatement & 2022 Form CONTRACT
Demolition Project Page 28
0501
The parties agree to this Contract as witnessed by the signatures below:
CITY:
Approved as to form:
City
of San Pablo
s/___
______________________
Teresa L. Stricker
City Attorney
Dat
e: ______________________
Seal:
s/_______________________________
Matt Rodriguez
City Manager
Date: ___________________________
Attest:
s/_______________________________
Dorothy Gantt
City Clerk
Date: ____________________________
CONTRACTOR: Professional Asbestos
Removal Company DBA
PARC Environmental__
s/_______________________________
Name/Title [print]
Date: ____________________________
Second Signature (See Section 12.8): s/
_______________________________
Name/Title [print]
Date: ____________________________
__501913___________________________
Contractor’s California License Number(s)
_11-30-2024___________
Expiration Date(s)
END OF CONTRACT