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Home My WebLink AboutD'Arcy & Harty Construction, Inc. • L 4 l(�_TL"�,'� AGREEMENT THIS AGREEMENT made this (l) day of Auggs E in the year 2000.by and between the Town of Los Altos Hills,a general law city,organized and existing in the County of Santa Clara,(TOWN),and D'Arcy & Harty CUnstruction, Inc. (CONTRACTOR). The TOWN and the CONTRACTOR,in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE I-THE WORK The CONTRACTOR shall complete the Work as specified or indicated under the Bid Schedule(s)of the TOWN's Contract Documents entitled: SANITARY SEWER REPAIR PROJECT The Work is generally described as follows: The application of thermoplastic and painted traffic stripes and pavement markings at various locations in the TOWN 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 Notice to Proceed. The TOWN and the CONTRACTOR recognize that am 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'Specifemans. They also recognize the tilays, 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, Workers Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications.Special Provisions,the Plans,Addenda numbers AI 4 to inclusive,and all Change Orders,and Work Change Directives which may be delivered or issued after the Effective Date o 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: Public Works Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills,CA 94022 FAX(650)941-3160 TO CONTRACTOR: Name D'Arcy & Harty Construction, Inc. Address 1300 Carroll Avenue FAX San Francisco, Calif. 94124 415-822-0747 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 he 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. TOWN OF LOS ALTOS HILLS,CALIFORNIA �Ie.p ❑ City Clerk City Manager APP ED AS TO F0174 APPROVED BY THE CITY COUNCIL: By am~ - �p^^ Resolution No. 57-00 Date 8/17/00 CI Attorney ar1�/y/�� CON •ACC' aR�] (4 tt//M.IA Public Works ger Mar ar Date tiBy 1_fir Title �]�/�//O��17 Date �/ /V AGREEMENT FORM AGREEMENT&BONDS-PAGE 2 RESOLUTION NO 57-00 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AWARDING A CONTRACT FO9R THE CONSTRUCTION OF THE SANITARY SEWER REPAIR PROJECT WHEREAS, the Public Works Manager of the Town of Los Altos Hills did duly examine and consider all bids submitted to it for the construction of the Sanitary Sewer Repair Project; and WHEREAS,the Public Works Manager of the Town of Los Altos Hills did duly examine and consider the proposals submitted by Wilsey Ham for the inspection service for the Sanitary Sewer Repair Project. WHEREAS, the Public Works Manager recommends that the contact for said project be awarded to the lowest responsible bidder, D'Arcy & Harty Construction, Inc., for the amount of $211,383.00 and the contracts for inspection service to Wilsey Ham for $9,000.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that the City Manager is hereby authorized and directed to execute the awarded contract to the above-named firm on behalf of the Town of Los Altos Hills. PASSED AND ADOPTED this 17thday i August ,2000 & ,- " ".4 7' Mayor Al rLST: City Clair-3 TOWN OF LOS ALTOS HILLS July 26, 2000 Staff Report to the City Council RE: Award of contract for Sanitary Sewer Repair Project FROM: Jim Rasp, Public Works Manager APPROVED FOR SUBMITTAL: Robert Quinlan, City Manager Rid; RECOMMENDACTION: That the City Council: � 1. Adopt the attached resolution awarding the contract for the Sanitary Sewer Repair Project to D'Arcy&Harty Construction, Inc., the low bidder, for an amount of $211,383.00; and 2. Authorize the City Manager to approve up to $9,000.00 for inspection service under the Town's existing contract with Wilsey Ham; and 3. Authorize the City Manager to approve up to $5,000.00 for change orders. DISCUSSION: In October 1998, the Town of Los Altos Hills and the City of Los Altos worked together on the specification and contracted to the Video Inspection Specialists, Inc. for the Sewer Cleaning &Television Inspection work. After reviewing the video, the Town Staff determined to repair the damaged sewer lines to prevent future sewer overflow problem and to cut down maintenance costs. There were three bids submitted, with the low bidder being D'Arcy and Harty Construction, Inc., at a bid price of$211,383.00 Staff is available to answer any questions that the City Council or citizens may have. Attachments: Bid Summary Resolution Proposals ii- . ) 7 [ } § U. w9 dcr- cr 0 1- CO 0W 0000 | ; ; § \ _ )° § [ \ § ! R / § � ® � ` CI la e ® - - - CTE Mia. 0000 05 )-10. 000 § _ ; \ J . LU ! 2 -13 al 0 03 § ! f } —_ & - "' kii \ cci \ \ \ / ) \ \ ) ( E » \ § \