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HomeMy WebLinkAboutC-26921/00 - �C) CITY OF ARCADIA SHORT -FORM CONSTRUCTION CONTRACT ARCADIA PAR 3 GOLF COURSE SIGN RELOCATION 1. PARTIES AND DATE. This Contract is made and entered into this" day of M,01\- , 2011 by and between the CITY OF ARCADIA, a municipal organization organized under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91007 ( "City ") and J G CONCRETE CONSTRUCTION INC, a California corporation, with its principal place of business at 6153 Sard Street, Alta Loma, CA. 91701 ( "Contractor "). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties." City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS. 2.1 Cam. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing pavement reconstruction on public roads services to public clients, that it and its employees or subcontractors have all necessary licenses (Class A- General Engineering) and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.3 Project. City desires to engage Contractor to render such services for the Arcadia Par 3 Golf Course Sign Relocation project ( "Project ") as set forth in this Contract. 2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, General Liability Insurance Certificate with an Additional Insured Endorsement, Automobile Liability Insurance Certificate with an Additional Insured Endorsement, Workers Compensation Insurance Certificate and Waiver of Subrogation 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: Bid schedule items, technical specifications and plan. 3.2 Contractor's Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the "Work "), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The Bid Schedule Items and technical specifications and plan for the Work are further described in Exhibit "A" attached hereto and incorporated herein by this reference. 3.3 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City. 3.4 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within seven (7) calendar days, beginning the effective date of the Notice to Proceed ( "Contract Time "). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits "A" or "B" attached hereto, or may be provided separately in writing to the Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and /or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of two hundred fifty dollars ($250.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. 3.5 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for RVPUB \NGS \557201 2 herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re- employed on the Work. 3.6 Control and Pavment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 3.7 City's Basic Obligation. City 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 City 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. 3.8 Compensation and Payment. 3.8.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Seven Thousand Five Hundred Dollars ($7,500) ( "Total Contract Price ") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. 3.8.2 Payment of Compensation. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract. 3.8.3 Contract Retentions. [Intentionally Omitted] 3.8.4 Other Retentions. [Intentionally omitted] 3.8.5 Substitutions for Contract Retentions. [Intentionally omitted] 3.8.6 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 10262 of the California Public Contract Code. Such payments to subcontractors shall be based on RVPUB \NGS \557201 the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract. 3.8.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 3.9 Termination. This Contract may be terminated by City at any time by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to the Contractor in the amount necessary to offset City's resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. 3.10 Completion of Work. When the Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work, which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re- inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount, which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code. 3.11 City's Representative. The City hereby designates Philip A. Wray, Deputy Director of Development Services /City Engineer, or his designee, to act as its representative for the performance of this Contract ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under RVPUB \NGS \557201 4 this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or here designee. 3.12 Contractor's Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City ( "Contractor's Representative "). Following approval by the City, the Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work that may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the City's written approval. 3.13 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision shall be binding upon Contractor. 3.14 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. However, Contractor shall be responsible for damage proximately caused by Acts of God, within the meaning of Section 4150 of the California Government Code, only to the extent of five percent (5 %) of the Total Contract Price as specified herein. In the event of damage proximately caused by "Acts of God," the City may terminate this Contract upon three (3) days advanced written notice. 3.15 Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its respective officials, officers, agents, employees, and representatives ( "Indemnitees ") from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages (including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses) or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to tangible property or persons (including wrongful death, accidents or injuries arising from the alleged failure to inspect or to maintain traffic controllers or traffic signals, injuries or damages occurring during the transport of products or in rendering services under the Contract Documents, such as automobile accidents, trip /slip and fall accidents and third party assaults) arising out of or resulting from the performance of the Work or this Contract (including claims made by subcontractors for nonpayment), to the extent that the acts, omissions or willful RVPUB \NGS \557201 5 misconduct are attributable to the Contractor or anyone employed directly or indirectly by any of them. Contractor shall defend, at Contractor's own cost, expense and risk, with legal counsel of Indemnitee's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its respective officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City and its respective officials, officers, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City and its respective officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. 3.16 Insurance. 3.16.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.16.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage: 3.16.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employers' Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Builders' /All Risk: Builders' /All Risk [Intentionally omitted]. 3.16.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Contract/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California. RVPUB \NGS \557201 6 Employers Liability limits of $1,000,000 per accident for bodily injury or disease; and (4) Builders' /All Risk: [Intentionally Omitted]. 3.16.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: 3.16.3.1 General Liabilitv. (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it. 3.16.3.2 Automobile Liability. (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. 3.16.3.3 Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy, which arise from work performed by the Contractor. 3.16.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.16.4 Builders' /All Risk Policy Requirements. [Intentionally Omitted] RVPUB \NGS \557201 7 3.16.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.16.6 Professional Liability Insurance. [Intentionally Omitted] 3.16.7 Deductibles and Self- Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.16.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed or approved to do business in California, and satisfactory to the City. 3.16.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.16.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. In addition, Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 3.17 Bond Requirements. [Intentionally Omitted] 3.18 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and life saving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space RVPUB \NGS \557201 8 procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 3.19 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non - conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non - conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one -year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non - conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.20 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal /OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If the Contractor RVPUB \NGS \557201 9 observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.20.1 Immigration Reform and Control Act. Contractor acknowledges that Contractor, and all subcontractors hired by Contractor to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ( "IRCA "). Contractor is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Contractor to perform services under this Agreement are in compliance with the IRCA. In addition, Contractor agrees to indemnify, defend and hold harmless the City, its agents, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Contractor's employees, or the employees of any subcontractor hired by Contractor, are not authorized to work in the United States for Contractor or its subcontractor and /or any other claims based upon alleged IRCA violations committed by Contractor or Contractor's subcontractor(s). 3.21 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City's applicable business license fee. 3.22 Trenching Work. [Intentionally Omitted] 3.23 Hazardous Materials and Differing Conditions. [Intentionally Omitted] 3.24 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities. 3.25 Prevailing Wages. [Intentionally Omitted] 3.26 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. RVPUB \NGS \557201 10 3.27 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one -half (1 -1/2) times the basic rate for that worker. 3.28 Payroll Records. In accordance with the requirements of California Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with California Labor Code Section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours. 3.29 Contractor's Labor Certification. By its signature hereunder, Contractor certifies 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, which is attached to this Contract as Exhibit "C" and incorporated herein by reference, shall be executed simultaneously with this Contract. 3.30 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Contract prior to final payment by City. 3.31 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.32 Anti -Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, the Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to the Contractor, without further acknowledgment by the Parties. 3.33 Notices. All notices hereunder and communications regarding inter- pretation of the terms of the Contract or changes thereto shall be provided by the RVPUB \NGS \557201 I I mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: City City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 -6021 Attn: Philip A. Wray City Engineer Contractor J G Concrete Construction Inc 6153 Sard Street Alta Loma CA 91701 Attn: Jim Galbraith President Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and 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. 3.34 Entire Contract: Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties. 3.35 Time of Essence. Time is of the essence in the performance of this Contract. 3.36 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 3.37 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.38 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original. 3.39 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. 3.40 Attorneys' Fees. If either Party commences an action against the other Party, 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. 3.41 Claims of $375,000 or Less. Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in California Public Contract Code §§ 20104, et seq. R VPUB \NGS \557201 12 3.42 Prohibited Interests. 3.42.1 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability. 3.42.2 Conflict of Interest. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.43 Certification of License. Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature. IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written. CITY OF ARCADIA J G CONCRETE CONSTRUCTION INC By: u -r•. -_ Donald Penman City Manager Attest: Citykjalerk Approved as fo form: Dtr�-J� V �,6� Stephen Deitsch City Attorney RVPUB \NGS \557201 13 Classification of Contractor's License EXHIBIT "A" PLANS AND SPECIFICATIONS The following plans, specifications and bid schedule are incorporated into this Contract herein by this reference: 1. Bid Schedule 2. Project Plans — Drawings T1 and C1 (two sheets) 3. Standard Plans 120 -2 and 133 -3 of the Public Works Construction and Standard Specifications for Public Works Construction 4. City of Arcadia Standard Plan 801 -3 (Curb Return Driveway) RVPUB \NGS \557201 14 None RVPUB \NGS \557201 EXHIBIT "B" SPECIAL CONDITIONS I'M EXHIBIT "C" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. 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, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract. J G CONCRETE CONSTRUCTION INC. TITLE RVPUB \NGS \557201 C -1 BID SCHEDULE ARCADIA PAR 3 GOLF COURSE SIGN RELOCATION The work to be performed under this Contract includes, but is not limited to, construction of r�',1� I' motor cotbbtbil ' bbb9 �r '. slip :silk; pollards, and r , m vat of ikkiirig "i� fi t ular ti rrie +de a more dully descri l`'ih h O tract. We, the undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Bid Documents, including all plans, specifications, and all addenda, if any. We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project (the "Work ") for the following TOTAL BID PRICE: NO. ITEM DESCRIPTION UNIT OF MEASURE EST QTY UNIT PRICE ITEM COST 1. Mobilization LS 1 3,50' 2. Traffic Control LS 1 vOD 3. Demolition and Surface Preparation LS 1, 4. Cobblestone Planter SQ FT 887 5. PCC Curb (6 ") LF 54 IS e%) 1CW 6. PCC Sidewalk (6" Thick) SQ FT 150 06 7. Removal of Existing Vehicular Barricades LS 1 Z60, 8. Asphalt Replacement LS 1 9 Installation of Bollards (Bollards to be Supplied by City) EA 3 v ©� ~. TOTAL BID PRICE (SCHEDULE BID PRIG : $ '5�)L �vv�c ter, S�ou_c\,-,->� (dollar amount in written form) CONTRACTOR:---)C76t) ocLoS� �Y)�- The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract and accept the Total Bid Price as compensation in full for all Work under the Contract. Sig ature T e or Print Name Off, Title Bidder's /Contractor's State of Incorporation Partners or Joint Venturers: Bidder's License Number(s): 2 �rl2d� S Business Street Address �lr• ( V, n l e-, (_ , i4 Ct 70 City, State and Zip Code qt->C - -TD Z -1E5>3 20 Telephone Number H "L Z -70 t i, E Z_ Z_ E —� E � m q 6" - 6" W { 150 mm 150 mm BATTER 3:12 BATTER 3:12 v SLOPE 8.3% f I E E E 0 0 In U7 �. LEVEL • 1.. A1- 6(150) AND 25 mm) , Al -8 200 A2- 6(150) AND A2- 8(200) i E z E _' J u 6" 6" In 6„ v W (150 mm') MIN (150 mm p 150 mm 3/4" (20 mm) R BATTER 3:12 BATTER 3:12 L BOTH SIDES I SLOPE 2.0% • LEVEL I E E 4x E co o E m o to Dl-6(150) AND A3- 6(150) AND A3- 8(200) (25 mm ") D1 -8 200 NOTES: E E z 1. THE LAST NUMBER IN THE DESIGNATION IS ,E E -' #4 x 10" ®4" OC THE CURB FACE (CF) HEIGHT, INCHES (mm). m ( #13M x 250 mm 2. GUTTER WIDTH, W, IS 24" (600 mm) N 6" 0 ® 1200 mm OC) UNLESS OTHERWISE SPECIFIED. 150 mm) GROUTED IN PLACE 3. TYPES Al, A2, A3 AND Cl SHALL BE cv BATTER 3:12 CONSTRUCTED FROM PCC. 3/4" 4. TYPE D1 CURB SHALL BE CONSTRUCTED (20 mm) I FROM ASPHALT CONCRETE. 3" (75 mm) 5. TYPE Cl CURB SHALL BE ANCHORED WITH j STEEL DOWELS AS SHOWN OR WITH AN EPDXY APPROVED BY THE ENGINEER. 6. ALL EXPOSED CORNERS ON PCC CURBS C1- 6(150) AND C1- 8(200) AND GUTTERS SHALL BE ROUNDED WITH A 1/2" (15 mm) RADIUS. STANDARD PLAN FOR PUBLIC WORKS CONSTRUCTION PROMULGATED BY THE STANDARD PLAN PUBLIC ENBOO STANDARDS INC. GREENHO10 COMMITTEE CURB AND GUTTER -- BARRIER 1 /� /� 20-' 2 7684 1 REV. 1996, 2006 SHEET 1 OF_" USE NTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION EXISTING AC PAVEME I _ TRENCH WIDTH CASE I - WITHOUT BASE TRENCH WIDTH T + 1" 25 mm) MIN AC PAVEMENT EXISTING AC PAVEMENT IT EXISTING BASE B 6 BASE BACKFILL CASE II - WITH BASE TRENCH WIDTH ,-AC PAVEMENT EXISTING AC PAVEMENT T T _ EXISTING PCC PAVEMENT C PCC PAVEMENT, 520 -A -2500 (310 -A -17) 4 i T C + 1" 25 mm \ MIN X, BACKFILL CASE III - AC PVMT ON PCC PVMT STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION PROMD THE ASPHALT CONCRETE PAVEMENT STANDARD PLAN D PUBLIC WORKS RXS S7ANDARDS INC. GREENBOd( COMMIT,E£ 199J REPLACEMENT 133- -3 REV. 2005, 2009 SHEET 1 OF 2 USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CON TRUCTION NOTES: 1. BACKFILL AND DENSIFICATION SHALL CONFORM TO SSPWC 306 -1.3. 3. TEMPORARY RESURFACING SHALL BE PLACED PER SSPWC 306 - 1.5.1. STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN ASPHALT CONCRETE PAVEMENT 133 -3 REPLACEMENT SHEET 2 OF 2 12' min. (3600 mm) 35' max. — L_ 4 -il Property line Curb face Front edge of gutter A---- PLAN to 3/4"(20 mm) lip __✓ ELEVATION NTS Gutter flow line Full parkway sidewalk vStraight grade (1200 mm) �>4 Curb face 2 Flow line Parkway grade 2 % slope , — 0- w 3/4" (20 mm) — — — lip ,,�.�� g" (150 mm) SECTION A —A Ks NOTE: Dimensions shown on this plan for English units Concrete sholl be 520 —C -2500 (310— A -17), or equal. and Metric units are not exactly equal values. If english units are used, all values used for This plan is to be used only after special permission construction shall be English units. If Metric units of the City Engineer, and only in commercial areas. are used, all values used for construction shall be CURS- RETURN DRIVEWAY SPECIAL CASES (Commercial Areas) metric values. CITY OF ARCADIA DEVELOPMENT SERVICES DEPT. — ENGINEERING DIV. STANDARD DRAWING \ ; 38971 801-3 CITY ENGINEER RCE E; 12/6/03 SCALE: NONE DRAWN UT; SHEET 1 OF 1