HomeMy WebLinkAboutSanta Clara Construction & Engineering, Inc.THIS AGREEMENT made this day of G�i�LdilE ��^ in the year 2006 by and between
the WQof Los Altos Hills, a general la city, organized and existing in the Cou ty of Santa Clara, (TOWN), and
(CONTRACTOR).
The TOWN and the CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - THE WORK
The CONTRACTOR shall complete the Work as specified or indicated under the Bid Schedule(s) of the TOWN's Contract Documents entitled:
ROBLEDA ROAD PATHWAY IMPROVEMENTS PROJECT
The Work is generally described as follows:
The Work consists of construction of pathway with retaining wall and safety rail, storm drain improvements, and all associated work.
ARTICLE 2 - COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the TOWN and the Work shall
be fully completed within the time specified in the contract document.
The TOWN and the CONTRACTOR recognize that time is of the essence of this Agreement and that the TOWN will suffer financial loss if the
Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with Article 8-1.07 of the
Standard Specifications. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the TOWN if the Work is not completed on time. Accordingly, instead of requiring any such proof, the TOWN and the
CONTRACTOR agree that as liquidated damages or delay (but not as a penalty) the CONTRACTOR shall pay the TOWN the sum of $500.00
for each and every calendar day that expires after the time specified in Article 2, herein.
ARTICLE 3 - CONTRACT PRICE
The TOWN shall pay the CONTRACTOR for the completion of the Work in accordance with the Contract Documents in current funds, subject
to additions and deductions by Change Order as provided in the Contract Documents, the Contract Price(s) named in the CONTRACTOR's
accepted Bid and Bid Schedule(s).
ARTICLE 4 - THE CONTRACT DOCUMENTS
The Contract Documents consist of: Notice Inviting Bids, the prevailing rate of per diem wages as determined by the Director of the California
Department of Industrial Relations (by reference), the accepted Bid and Bid Schedule, List of Subcontractors, Non -Collusion Affidavit, Bidder's
General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond,
Standard Specifications, Special Provisions, the Plans, and all Change Orders, and Work Change Directives which may be delivered or issued
after the Effective Date of the Agreement and are not attached hereto.
Any inconsistencies or conflicts between the provisions of this Agreement and any other provisions, in whole or in part of the other Contract
Documents, the provisions of this Agreement shall prevail.
ARTICLE 5 - PAYMENT PROCEDURES
The CONTRACTOR shall submit Applications for Payment in accordance with Section 9 of the Standard Specifications as amended by the
Special Provisions. Applications for Payment will be processed by the Engineer or the TOWN as provided in the Contract Documents.
ARTICLE 6 - NOTICES
Whenever any provision of the Contract Documents requires the giving of written notice, it shall be given in personal delivery, Federal Express,
or other reputable private courier service, by facsimile transmission with verification of receipt, or by U.S. Mail, postage prepaid, and shall be
AGREEMENT FORM
AGREEMENT & BONDS - PAGE 1
deemed communicated (i) if by personal delivery or by facsimile upon receipt, (ii) if by courier service one -day after properly sent, or (iii) by
U.S. Mail, three days after deposit with the U.S. Mail service. Notices shall be addressed as set forth below, but either party may change its
address by giving written notice thereof to the other in accordance with this Article.
TO TOWN: City Engineer/Public Works Director
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
FAX (650) 941-3160
TO CONTRACTOR: Name
Address
FAX
ARTICLE 7 - MISCELLANEOUS
Terms used in this Agreement which are defined in Section I of the Standard Specifications and the Special Provisions will have the meanings
indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without
limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of
this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will
release or discharge the assignor from any duty or responsibility under the Contract Documents.
The TOWN and the CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its
partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract
Documents.
IN WITNESS WHEREOF, the TOWN and the CONTRACTOR have caused this Agreement to be executed the day and year first above written.
By
City �Engineer/f ublic Works Director
Date /Z 111,5 b
qA
By !
City Manager
APPROVED BY THE CITY COUNCIL:
Resolution No. I2 062 Date/2 f 64
CONTRACTOR: r1AG._ CA"O_ Ca %� . `t
By
Title_MG..n,C3'_!
Date -�(p
AGREEMENT FORM
AGREEMENT & BONDS - PAGE 2
Project:
Robleda Rd Pathway
Description:
New pathway long ex. Road
Location:
Los Altos Hills,
CA
Time:
30 working days
Date:
11/14/2006
1 MOB
Extension
UNIT
1
$ 17,422.50
$17,422.50
2 CLEAR/GRUBB
Extension
UNIT
1
$ 15,295.77
$15,295.77
3 TRAFFIC CONT
Extension
UNIT
1
$ 2,875.00
$
2,875.00
4 PILE WALL
Extension
UNIT
105
$ 36,388.80
$
346.56
5 LS WALL
Extension
UNIT
100
$ 17,736.00
$
177.36
6 HDR WALL
Extension
UNIT
325
$ 8,804.25
$
27.09
7 IMPORT FILL
Extension
UNIT
1
$ 8,804.25
$
8,804.25
8 DG
Extension
UNIT
Install
4200
$ 13,692.00
$
3.26
9 2" AC BERM
Extension
UNIT
475
$ 4,370.00
$
9.20
10 6" AC BERM
Extension
UNIT
80
$ 1,104.00
$
13.80
11 STORM DRAIN
Extension
UNIT
1
$ 16,419.00
$16,419.00
12 MISC.
Extension
UNIT
$ 25,000
$
25,000
Total Cost: $ 167,911.57