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Home My WebLink AboutC-2633(PROJECT NO. 43855511) CONTRACT FOR THE CITY OF ARCADIA SIDEWALK ACCESSIBILITY / HANDICAP RAMP ALICE & LUCILE STREETS 1. PARTIES AND DATE. Sk a S�h� This Contract is made and entered into this day of 2011, by and between the CITY OF ARCADIA (hereinafter called the "Owner ") and MARTINEZ CONCRETE, INC. (hereinafter called the "Contractor "). 2. RECITALS. 2.1 The Owner is a charter City organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; 2.2 Contractor, in response to a Notice Inviting Bids issued by Owner May 2011, has submitted a bid proposal for construction the SIDEWALK ACCESSIBILITY / HANDICAP RAMP — ALICE & LUCILE STREETS PROJECT described in the Contract. 2.3 Owner has duly opened and considered the Contractor's bid proposal, and duly awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid Documents, and has given written notice to Contractor on May 18, 2011. 2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract. 3. TERMS. 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix Part "A" - General Conditions Part "B" - Federal Requirements Part "C" - Special Provisions Part "D" - Specifications Part "E" - Drawings RVPUB\DRD \570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. 43855511) Part "F" - Performance Bond Part "G" - Payment Bond Part "H" - Escrow Agreement (optional) ADDENDUM - Addendum No-1 Federal Requirements The above documents, including the General Conditions, shall are 'tial this integral p aa9a ph immediately Contractor Documents. In addition to he o'r shel has read, tunderstood and agrees with all of the terms of the below acknowledging provisions of the General Conditions relating to Contract Documents, including, but not limited to, indemnific ation insurance, standards of performance, termination, d f the meaning and effect of any essence performance. Contractor shall not disclaim knowledge their meaning and fails to initial below, the Owner shall have the right to term or provision of the Contract Doc fa ents, and agrees to strictly abide y tractor in intent. In the event that Contractor declare the Contract unexecuted and to award the Contract to another con accordance with state law. Contractor, s Initials 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at its own cost and expense custom work for the hconstruction l labor, materials, tools, equipment, services, and incidental and cus 43855511 necessary to fully and adequately complete Hates Sidewalk elected by the Owner! of Project No. "Work"), for a total of Sixty Handicap Ramp —Alice and Lucile Streets Project, including any specified in the and all structures and facilities described in Dollars Contract (hereinafter the Zero Cents ($69,636.00) as sp Invitin Nine Thousand Six Hundred Thirty Six D in accordance with the applicable terms of this Contract Bid Forms submitted by the Contractor in esponse to the above referenced Notice d Bids. Such amount shall be subject to adjustment Contract. All Work shall be subject to, and performed in accordance with the above reference documents. 3.3 Standard of Performance. recognized as being employed by professionals in the Contractor shall perform all Work under this Con tract in a skillful and workmanlike manner, and consistent with the standards generally Contractor to ees and ' line in the State of California. Contractor repre and ma is that it is in the same discipline to perform the Work. Contractor professional calling necessary p erform the Work assigned to them. subcontractors shall have sufficient skill and experience top perform the Contractor further represents that it, its employees e that aSe legally equired to all licenses, Finally, approvals of whatever nature permits, qualifications and app s and app rovals shall be maintained throughout the term of this Work, and that such license Contract. 3.4 Period of Performance. working days, Contractor shall perform and complete all Work under Notice tto P Proceed is sent by the Owner beginning ten (10) calendar days after the date on which t 505/507/660) (7/24/00) GB -STATE &LOCAL ( RVPUB\DRD \570015 CONTRACT-2 (PROJECT NO. 43855511) to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications. Contractor agrees that if such Work is not completed within the aforementioned period and /or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications, it is understood, acknowledged and agreed that the Owner will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated damages the sum of Two Hundred Fifty Dollars and Zero Cents ($250.00) PER DAY as provided by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix. 3.5 Owner's Basic Obligation. Owner agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Owner shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 3.6 Contractor's Labor Certification. Contractor maintains that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose is attached hereto and incorporated herein by reference, and shall be executed simultaneously with Contractor's Bid Form. 3.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. 3.8 Successors. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. Contractor may not either voluntarily or by action of law, assign any obligation assumed by Contractor hereunder without the prior written consent of the Owner. I- I RVPUB\DRD \570015 CONTRACT - 3 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. 43855511) 3.9 Notices. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Contractor Surety Martinez Concrete, Inc. 920 West Foothill Blvd. Azusa, CA. 91702 Attn: Robert Martinez Attn: Secretary/Treasurer Owner City of Arcadia 240 West Huntington Drive Arcadia CA 91007 Attn: Philip A. Wray, Deputy Director of Dev Svcs /City Engineer With Copies To: Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. CONTRACTOR CITY OF ARCADIA 3� By: BY: Name RoGEvz -,� Donald Penman, City Manager �t c. rte q5. Ij 1 l it Title Date Tax I. D. Number.' Attest: GS- 3zoo11? - "L By: (� Number Ci y C k Contractor's License: A/c -s Approved as to Form: Class ' p LIl 71 By: gz�� U ", 4tza- Number Stephen P. Deitsch, City Attorney RVPUB\DRD \570015 CONTRACT-4 GB - STATE & LOCAL (505/507/660) (7 /24/00) (PROJECT NO. 43855511) EXHIBIT "A" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of the Code. I agree to and will comply with such provisions before commencing the Work governed by this Contract. CONTRACTOR: Name of Contractor: MARTINEZ CONCRETE, INC. By: C�& Signature: Name: Ron -n m A nTa.-q r z Title: SEC. Date: S RVPUB\DRD\570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00)