HomeMy WebLinkAboutC-2218CITY OF ARCADIA
SHORT -FORM CONSTRUCTION CONTRACT
CONCRETE PAVEMENT REHABILITATION AT 2141 SOUTH BALDWIN AVENUE
1. PARTIES AND DATE.
This Contract is made and entered into this 2�J day of YYIv.
2006 by and between the CITY OF ARCADIA, a municipal organizatidn 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 E. C. CONSTRUCTION a
California Corporation, with its principal place of business at 2213 Chico Avenue, South
El Monte CA 91733 ( "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 CCU. 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 Proiect. City desires to engage Contractor to render such services for the
Concrete Pavement Rehabilitation at 2141 South Baldwin Avenue 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.
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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
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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
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 Payment 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 Ten
Thousand Nine Hundred Forty One Dollars and Thirty Cents ($10,941.30) ( "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.
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3.8.3 Contract Retentions. [Intentionally Omitted]
3.8.4 Other Retentions. [Intentionally omitted]
3.8.5 Substitutions for Contract Retentions. [Intentionally omitted]
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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
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.
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3.11 City's Representative. The City hereby designates Philip A. Wray, 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 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 ("Contractors
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 Contractors 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. Contractor shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including wrongful death, in any manner arising
out of or incident to any acts, omissions or willful misconduct of Contractor, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection
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with the performance of the Work or this Contract, including without limitation the
payment of all consequential damages and attorneys fees and other related costs and
expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and
all such aforesaid suits, actions or other legal proceedings of every kind that may be
brought or instituted against City, its directors, officials officers, employees, agents or
volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents or
volunteers, in any such suit, action or other legal proceeding. Contractor shall
reimburse City and its directors, officials, officers, employees, agents and /or volunteers,
for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided.
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); (3) Workers' Compensation and Employers' Liability:
Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance; and (4) Builders %All Risk: Builders' /All Risk insurance covering for all
risks of loss, including explosion, collapse, underground excavation and removal of
lateral support (and including earthquakes and floods if requested by the City).
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.,
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Workers' compensation limits as required by the Labor Code of the State of California.
Employers Liability limits of $1,000,000 per accident for bodily injury or disease; and (4)
Builders' /All Risk: Completed value of the project.
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 Liability. (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.
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3.16.4 Builders'/All Risk Policy Requirements. [Intentionally
Omitted]
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 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
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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
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
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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
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.
3.21 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. [Not applicable]
3.23 Hazardous Materials and Differing Conditions: [Not applicable]
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.
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
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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
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mailing thereof by registered or certified mail, return receipt requested, postage prepaid
and addressed as follows:
Citv Contractor
City of Arcadia E.C. Construction
240 West Huntington Drive 2213 Chico Avenue
Arcadia, CA 91066 -6021 South El Monte CA 91733
Attn: Philip A. Wray, City Engineer Attn: Dave Wllhite
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 Governinq 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, 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.
RVPUMNGS\557201 12
• •
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.
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.
[SIGNATURES ON NEXT PAGE]
RVPUBWGS \557201 13
CITY OF ARCADIA
M
E
VTO puoa
William R. Kelly
City Manager
M L M! --KI
City Clerk" %1-1
Approved-as to"form:
Stephen D-eitsch
City Attorney "
RVPUMNGS\557201 14
0
E.C. CONSTRUCTION
a
A
Classification of Contractor's License
i
EXHIBIT "A"
PLANS AND SPECIFICATIONS
•
The following plans, specifications and bid schedule are incorporated into this
Contract herein by this reference:
See attached Technical Specifications /Conditions, Drawing and Bid Schedule.
RVPUBWGS \557201 A -1
Not applicable.
RVPUMGS\557201
EXHIBIT "B"
SPECIAL CONDITIONS
RM
0
0 0
EXHIBIT "C"
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, and I, the undersigned Contractor, agree to and will comply with
such provisions before commencing the performance of the Work on this Contract.
E. C. CONSTRUCTION
By: • i
� �tcLnt,
TITLE
RVPUB \NGS \557201
C -1
BID SCHEDULE
SCHEDULE OF PRICES FOR
CONCRETE PAVEMENT REHABILITATION AT 2141 SOUTH BALDWIN AVENUE
No.
Item Description
Unit of
Measure
Est. Qty.
Unit Price
Item Cost
1
Initial Mobilization
LS
1
QQ.
2
Diversion of Recyclable
Waste
LS
1
' j' f oo
3
Traffic Control
LS
1
060 00
4
Unclassified Excavation
dy-1
18
i
40
5
Install 8" thick PCC
Concrete Pavement21`�
SF
620
�I���
TOTAL BID PRICE (SCHEDULE BID PRIC ):$ o Lf{ ' D
��mav NI�&Rl, I
vnvl,-�4 n",
dollar amount in written form
SIGNATURE OF DULY AUTH () RIZED AGENT FOR BIDDING CONTRACTOR:
�. Coy ;-b�c -��I
mil, 0
4vl b r
TITLE
TECHNICAL SPECIFICATIONS
10 -1 GENERAL
10 -1.1 Description of Work — Concrete Pavement Rehabilitation at 2141 South
Baldwin Avenue.
The work will consist of saw cutting and removal of uplifted p.c.c. concrete
pavement; removal of interfering subgrade and roots; recompaction of subgrade;
construction of concrete pavement; and all appurtenant work as shown on the
plans and as specified herein.
10 -1.2 Quantities - The estimate of quantities of work is approximate only, being given
as basis for the compilation of bids, and the City of Arcadia does not expressly or
by implication agree that the actual amount of work will correspond therewith, but
reserves the right to increase or decrease the amount of any class or portion of
the work or to omit portions of the work that may be deemed necessary or
expedient by the Engineer. In such case the contract unit price shall prevail
subject to the requirements of Subsection 3 -2.2.1 of the Standard Specifications.
All work incidental to this project, as described on the drawings and /or this
specification shall be considered as included within the scope of the work. The
bid prices submitted by the contractor shall include the cost of said incidentals,
even though such incidentals are not specifically mentioned in the preceding
description of work to be done or in the proposal form.
10 -1.3 Equals - Whenever the names of specific products are designated in the details
appearing on the drawings or in the specifications, the intent is to state the
general type and quality of the products desired, without the intention of ruling
out the use of other products of equal type and quality. If the successful
contractor wishes to make substitutions of the products specified, he must make
an application in writing to the Engineer prior to the acceptance and installation
into the project with a complete description of the alternate products and a
statement with regard to the saving to the owner, if any, in case the substitution
would be permitted. The Engineer will have the right to make the final decision in
these cases and to insist on use of particular brands of products shown on the
drawings or in the specifications, if, in his opinion, such brands will be preferable
to the Engineer, in lieu of the requested substitutions.
10 -1.4 Installation of Equipment - All materials and workmanship shall be in
accordance with the manufacturer's specifications and instructions.
10 -2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK
Prosecution, progress, and acceptance of work shall conform to Section 6 of the
Standard Specifications with the following special conditions:
-1-
• •
P. Beginning and Completion of Work: The contract time allowed for
completion of the project is seven (7) calendar days. Work on this project
shall commence no later than ten (10) days from the date of Notice to
Proceed.
b. The contractor shall submit to the Engineer a time schedule of work for the
various sequences of the major operations. Said schedule shall be
submitted at least 5 working days prior to the beginning of work and shall
be subject to the approval of the Engineer.
C. Working hours on this project shall be limited to 7:00 a.m. to 3:30 p.m.
with no work on Saturdays, Sundays, Holidays, and alternate Fridays in
which City Hall is closed.
d. Inspection: The City shall provide inspection for an 8 -hour day for normal
working days. The City will deduct from the contractor's invoice an
amount equal to $65 per hour for inspection in excess of the foregoing,
including legal holidays, City Hall closed Fridays, and weekends.
Construction on non - working days is subject to the Engineer's approval.
e. Weight master certificates are source documents and it is the contractor's
responsibility to collect the material tickets from the drivers at the delivery
point, sign and date them and submit to the City Inspector. The City
Inspector will sign and date the tickets and deliver to the project
engineer at the end of each working day.
f. Contractor shall notify all property owners and tenants within the project
limits of all activities; written notification shall be delivered to properties at
least forty -eight (48) hours in advance of any activity.
g. The contractor and all subcontractors shall attend a pre- construction
meeting at the time, date, and place determined by the City.
h. The contractor and all subcontractors shall obtain an Arcadia Business
License prior to the start of work.
10 -3 STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the "Standard
Specifications for Public Works Construction (Greenbook)," latest edition.
In case of conflict between the Standard Specifications and the Special
Provisions, the Special Provisions shall take precedence over and be used in lieu
of such conflicting portions.
-2-
10 -4 CONCRETE PAVEMENT REPAIR
10 -4.1 Removal — Removal and disposal of concrete pavement shall conform to the
provision of section 300 -1.3.
10 -4.2 Unclassified Excavation — Unclassified excavation include excavating,
removing hauling, and disposing materials to the subgrade elevation indicated on
the plans, as required to construct the new roadway improvements. This item
involves removal and disposal of all soil, and existing aggregate base material
which are within the grading and excavation section. Unclassified excavation
shall be done in accordance with Section 300 -2 of the Standard Specifications.
In areas where fill is required, all excavation materials to be used for compaction
fill be approved by the Inspector prior to placement.
Unsuitable material shall be removed from the project site and disposed of by the
contractor at his sole expenses and filled with aggregate base material which
shall be placed and compacted until the surface ceases to move or creep under
the roller.
Payment for unclassified excavation will include saw cutting and removal of
uplifted concrete pavement, interfering roots and enough subgrade to achieve
proper depth, and no additional compensation will be allowed therefore.
10 -4.3 Subgrade Preparation — Preparation of the subgrade shall be done in
accordance with Section 301 -1 of the Standard Specifications. The contractor's
attention is directed to Section 10 -4.2 "Unclassified Excavation ", of these
Supplementary General Conditions in the event that unsuitable materials are
encountered in the subgrade.
The subgrade preparation for concrete should be prepared by compaction for a
minimum depth of 6" to a minimum of 95% relative compaction
Payment for the subgrade preparation will be included in the contract unit prices
requiring subgrade preparation, and no additional compensation will be allowed
therefore.
10 -4.4 Untreated Base Materials — Untreated base material shall be crushed
aggregate base and shall conform to the provisions of Section 200 -2 of the
Standard Specifications. Aggregate base shall be compacted to 95% of
maximum density.
10 -4.5 _ Portland Cement Concrete = Portland Cement concrete shall conform to the
provisions of Section '2_01-"'O'f'
01 -_ of ' the Standard Specifications. Concrete for
construction shall be high -early strength mix (Class 650 -C- 4000), and maximum
slump of 4 ". Curing shall comply with provisions of Section 303 -5.6 of the
Standard Specifications.
-3-
0
0
10 -4.6 Concrete Pavement — Construction of concrete pavement shall conform to the
enclosed plan.
Limit of removals shall be verified by the Engineer prior to saw cutting.
The unit prices shall include full compensation for furnishing all materials, labor,
equipment, and incidentals, including all necessary compaction and backfill, and
jointing and joint filler required to construct the concrete pavement, in accordance
with the plans and these specifications and no additional compensation will be
allowed therefore.
10 -6 UTILITIES
The contractor will obtain the locations of underground facilities from the utility
companies at least twenty -four (24) hours prior to commencing construction in
such areas. At all time the contractor shall be responsible for the protection of
such facilities and shall be held liable for damage to utilities during construction.
The contractor is responsible to call Underground Service Alert at (800) 422-
4133 at least 72 hours prior to commencing any work.
10 -7 CONSTRUCTION WATER
It shall be the responsibility of the contractor to furnish an adequate supply of
water for construction use. Necessary permit and fee schedule and water meter
shall be obtained from the Arcadia water Division.
10 -8 AIR AND WATER POLLUTION
The Contractor shall be required to conform to all current regulations of the South
Coast Air Quality Management District. The Contractor shall also conform to
Section 402(p) of the 1972 Clean Water Act which establishes a framework for
the regulation of municipal, industrial and construction stormwater discharges
under the National Pollutant Discharge Elimination System (NPDES) program.
10 -9 HAZARDOUS MATERIAL NOTIFICATION
A material Safety Data Sheet (MSDS) is required by the City of Arcadia for all
hazardous materials which are brought on site by the Contractor. A MSDS is
required for any product which may contain hazardous materials. The contractor
must alert the City Engineer of the quantity and type of hazardous material which
will be brought on site. The MSDS sheets must be submitted to the City
Engineer at least two (2) business days prior to starting work. The City Engineer
may require the City Safety Officer or his designee to review the MSDS for
approval of use.
-4-
The contractor shall be responsible for notifying Underground Service Alert (800)
422 -4133 and all utility companies having substructures within the limits of the
job. This shall be done at least 72 hours prior to commencing construction.
10 -10 PUBLIC CONVENIENCE AND SAFETY
The contractor shall conduct his operations to comply with the provisions of
section 7 -10 of the Standard Specifications. Traffic Control shall comply with the
Work Area Traffic Control Handbook of the American Public Works Association
(WATCH Manual), latest edition.
After award of the contract, the contractor shall submit to the Engineer his
proposed schedules for lane closing and his methods of traffic control to comply
with the requirements specified herein below. This submittal shall be made
sufficiently in advance of any rerouting or diversion of traffic by the contractor to
allow for a review of the contractor's proposed traffic control.
Any shifting of traffic from one lane to another which is necessary in order to
maintain the required number of lanes, shall be directed in such a manner that
traffic may move smoothly across the work without any sudden changes from
one lane to another. Toward this end the minimum taper allowed for detouring
the traffic from one lane to another shall be 20:1.
The contractor shall provide, throughout the period of construction, all signs
which may be deemed necessary for the safe and orderly conduct of vehicular
traffic as directed by the Engineer. All barricades used as warning and guiding
devices shall bear the name of the contractor in legible letters. Flashing arrow
board(s) shall be required throughout the construction period.
Traffic lanes shall have a minimum width of twelve (12) feet and minimum
clearance of two (2) feet from curbs, poles and similar obstructions, and two (2)
feet from any excavation, unless otherwise specified. One lane shall be
maintained at all times.
Transitions of differential road surfaces shall be maintained according to SSPWC
sect.
Spillage resulting from hauling operations along any public traveled way shall be
removed immediately by the contractor.
Traffic shall not be allowed on the street until the initial sweeping is complete.
Contractor shall provide access the existing driveways. Contractor will close only
one driveway at any time to_properties having more than one driveway.
Payment: The lump sum price bid for traffic control shall include preparing Traffic
Control Plan and full compensation for furnishing all labor, materials, tools,
equipment and incidentals and for doing all work involved in Traffic Control
-5-
including flashing arrow board(s) and flagging costs as specified in these Special
Provisions and as directed by the Engineer.
10 -11 PAYMENT
Payment will be made at the lump sum prices or unit prices as stipulated in the
Bid Proposal and will include full compensation for furnishing all labor materials,
tools and equipment and doing all the work involved in completion of the bid
items when all work is approved as completed by the City Engineer.
10 -12 SURVEY MONUMENTS
All survey monuments, centerline ties and survey reference points shall be
protected in place or re- established where disturbed in accordance with section
8771 of the Land Surveyors Act, prior to project acceptance. This work will be
the responsibility of the contractor and shall be at the contractor's expense.
10 -13 LIQUIDATED DAMAGES
Section 8 -1.07 of the Standard Specifications is amended by the following:
The term "liquidated damages" shall be considered to have the following
meaning.
The charges assessed against the contractor to cover additional cost incurred by
the City because of failure of the contractor to complete the contract within the
contract time. Assessment of liquidated damages will be by means of deductions
at a specified rate per day of overrun in contract time from payments otherwise
due the contractor for performance in accordance with the contract terms.
The contractor shall pay to the City of Arcadia, the sum of $250 per day for each
and every calendar day's delay in finishing the work in excess of the number of
working days prescribed above.
10 -14 CLEAN -UP
Upon completion of the work and before the final estimate is submitted, the
Contractor shall, at his own expense, remove from the vicinity of the work all
plant, buildings, rubbish, unused materials, concrete forms and other materials or
equipment belonging to or used by him or any subcontractor on the work. In the
10 -15 GUARANTEE
The contractor hereby guarantees for a period of one year that the entire work
constructed by him under this contract will meet fully all requirements thereof as
to quality of workmanship and of materials furnished by him. The contractor
-6-
hereby agrees to make at his own expense any repairs or replacements made
necessary by defects in materials or workmanship supplied by him that becomes
evident within the time specified after filing of the Notice of Completion of the
work by the Engineer, and to restore to full compliance with the requirements of
these specifications, including the test requirements set forth herein for any part
of the work constructed hereunder, which during said period is found to be
deficient with respect to any provision of the specifications. The contractor also
agrees to defend, indemnify and hold the Owner, its officers and employees,
harmless from claims of any kind arising from damage due to said defects. The
contractor shall make all repairs and replacements promptly upon receipt of
written orders for same from the Engineer. If the contractor fails to make the
repairs and replacements promptly, the owner may doe the work and the
contractor and his surety shall be liable to the owner for the cost thereof.
Upon termination of the Contractor's guarantee any manufacturers' guarantees
held by him shall be delivered to the owner.
10 -16 SANITATION
All portions of the work shall be maintained at all times in sanitary condition. The
contractor shall provide adequate toilet facilities for all workmen and
representatives of the owner employed on the work. Such facilities shall be
subject to the acceptance of the owner as to location and type. The contractor
shall maintain the same in sanitary condition from the beginning of the work until
completion and then shall remove the facilities and disinfect the premises if
necessary. The contractor shall be responsible for alleviating all dust and
nuisance conditions occasioned by his work.
Each day, at the completion of the day's work, the entire trench area and
adjacent streets shall be swept and cleaned to the satisfaction of the City
Engineer or his appointed representative. The contractor shall cover all storm
drain catch basins during excavation and sweeping operations to prevent
excavated materials from entering the catch basins.
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