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CONTRACT AMOUNT: $264,650
Awarded: 08/06/02 Council
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CITY OF ARCADIA
2001 -2002 ANNUAL SLURRY SEAL PROJECT
PROJECT No. 5533012
CONTRACT
E __ RVPUB\DRD\570015 GB - STATE & LOCAL (505/507/660) (7/24/00)
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(PROJECT NO. 5533012)
CONTRACT FOR THE
CITY OF ARCADIA
2001 -2002 ANNUAL SLURRY SEAL PROJECT
PROJECT No. 5533012
1. PARTIES AND DATE.
This Contract is made and entered into this ' ' ` day of &MV4 2002, by and
between the CITY OF ARCADIA (hereinafter called the "Owner") 4nd DOUG MARTIN
CONTRACTING CO., INC. (hereinafter called the "Contractor ").
2. RECITALS.
2.1 The Owner is a charter City organized under the laws of the State of California, with
power to contract for services necessary to achieve its purpose;
2.2 Contractor, in response to a Notice Inviting Bids issued by Owner on June 7, 2002,
has submitted a bid proposal for construction the 2001 -2002 ANNUAL SLURRY SEAL PROJECT
described in the Contract.
2.3 Owner has duly opened and considered the Contractor's bid proposal, and duly
awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid
Documents, and has given written notice to Contractor on August 7, 2002.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance and
Payment Bonds and evidences of insurance coverage as required by the Contract.
3. TERMS.
3.1 Incorporation of Documents
This Contract includes and hereby incorporates in full by reference the following documents,
including all exhibits, drawings, specifications and documents therein, and attachments and
addenda thereto:
a.
Notice Inviting Bids
b.
Instructions to Bidders
C.
Contract Bid Forms
d.
Contract
=- e.
Contract Appendix
Part "A" -
General Conditions
Part "B" -
Supplementary General Conditions
Part "C" -
Special Provisions
Part "D" -
Specifications (under separate cover)
Part "E" -
Drawings (under separate cover)
RVPUB\DRD\570015
CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00)
0
(PROJECT NO. 5533012)
Part "F" - Performance Bond
Part "G" - Payment Bond
f. ADDENDUM NO. A� dated CcLSq iy
The above documents, including the General Conditions, are an integral part of the Contract
Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately
below acknowledging that he or she has read, understood and agrees with all of the terms of the
Contract Documents, including, but not limited to, provisions of the General Conditions relating to
indemnification, insurance, standards of performance, termination, compensation and time of the
essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any
term or provision of the Contract Documents, and agrees to strictly abide by their meaning and
intent. In the event that Contractor fails to initial below, the Owner shall have the right to
declare the Contract unexecuted and to award the Contract to another contractor in
accordance with state law.
ILM
Contractor s Initials
3.2 Contractor's Basic Obligation
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 for the construction
of Bid Category number(s) 1 - 5 necessary to fully and adequately complete 2009 -2002 ANNUAL
SLURRY SEAL PROJECT including any alternates selected by the Owner, and all structures and
facilities described in the Contract (hereinafter the "Work "), for a total of TWO HUNDRED SIXTY
1 ' FOUR THOUSAND SIX HUNDRED FIFTY DOLLARS AND NO CENTS ($264,650.00), as specified
in the Contract Bid Forms submitted by the Contractor in response to the above referenced Notice
Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable terms
of this Contract. All Work shall be subject to, and performed in accordance with the above
referenced documents.
3.3 Standard of Performance
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 further 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, and that such licenses and approvals shall be maintained throughout the term of this
1 Contract.
RVPUB\DRD\570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00)
CI
(PROJECT NO. 5533012)
3.4 Period of Performance
Contractor shall perform and complete all Work under this Contract within 30 Calendar Days,
beginning ten (10) Calendar Days after the date on which the Letter of Award is sent by the Owner
to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any
completion schedule, construction schedule or project milestones developed pursuant to provisions
ry of the Contract, including but not limited the Project Schedule located in the Specifications.
Contractor agrees that if such Work is not completed within the aforementioned period
and /or pursuant to any such completion schedule, construction schedule or project milestones
developed pursuant to provisions of the Contract, including but not limited to the Project Schedule
located in the Specifications, it is understood, acknowledged and agreed that the Owner will suffer damage.
Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated
damages the sum of Two Hundred and Fifty Dollars ($250.00) per day as provided by the
applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix.
3.5 Owner's Basic Obligation
Owner agrees to engage and does hereby engage Contractor as an independent contractor
to furnish all materials and to perform all Work according to the terms and conditions herein
contained for the sum set forth above. Except as otherwise provided in the Contract, the Owner
shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the
services and obligations required by this Contract, the above referenced compensation in
accordance with compensation provisions set forth in the Contract.
3.6 Contractor's Labor Certification
Contractor maintains that he is aware of the provisions of Section 3700 of the California
Labor Code which require every employer to be insured against liability for Worker's Compensation
or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply
with such provisions before commencing the performance of the Work. A certification form for this
purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be
executed simultaneously with this Contract.
3.7 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or
otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall
be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs
of such action.
3.8 Successors
The parties do for themselves, their heirs, executors, administrators, successors, and
assigns agree to the full performance of all of the provisions contained in this Contract. Contractor
may not either voluntarily or by action of law, assign any obligation assumed by Contractor
hereunder without the prior written consent of the Owner.
RVPUB\DRD\570015 CONTRACT - 3 GB - STATE & LOCAL (505/507/660) (7/24/00)
3.9 Notices
(PROJECT NO. 5533012)
All notices hereunder and communications regarding interpretation of the terms of the
Agreement or changes thereto shall be provided by the mailing thereof by registered or certified
mail, return receipt requested, postage prepaid and addressed as follows:
Contractor
D oug Martin Contracting
220 E. Foundation Ave.
L a Habra, Ca. 90631
Attn: Dixie Mar
Surety
Company, Inc. Ga�tt/Mosier Tnsnranre
1 Tr yin Bl Sui 104
Tustin, Ca. 92780
Attn: John Garrett
Owner
City of Arcadia
Post Office Box 60021
Arcadia, CA, 91066 -6021
Attn: Ken Herman, P.E.
Any notice so given shall be considered received by the other party three (3) days after
deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
DOUG MARTC TRACTING C By: _ 7x y :
me
Doug Martin, President
Title
Tax I. D. Number.•
33 0071128
Number
Contractor s License:
Class
470131
CITY OF ARCADIA
William R. Kelly
City Manager
ATTES
B /& C�
une D. Alford
City Clerk
Approved as to Form:
By:
Stephen P. Deitsch
City Attorney
Number
RVPUB\DRD\570015 CONTRACT-4
GB - STATE & LOCAL (505/507/660) (7/24/00)
R , i CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
ORANGE
ss.
On AUGUST 8 2002 before me, MAUREEN J. SKIDMORE NOTARY PUBL
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ")
personally appeared DOUG MARTIN
Name(s) of Signer(s) '
X] personally known to me
❑ proved to me on the basis of satisfactory
evidence
MAUREEN J. SKIDMORE
#
0 aF COMM. 1237340
NOTARY PUBLIC- CALIFORNIA
ORANGE COUNTY O
gg °'+ri6oeN` COMM. EXP. OCT. 9, 2003 '
to be the person(s) whose name(s) is /are
subscribed to the within instrument and
acknowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Sig ure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Number of Pages:
❑ Individual
M Corporate Officer— Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Rep
© 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907
Fe±
RIGHTTHUMBPRINT
OF SIGNER
Reorder: Call Toll -Free 1 -800- 876 -6827
(PROJECT NO. 5533012)
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et sea. of
the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self- insurance in accordance with the provisions of
the Code. I agree to and will comply with such provisions before commencing the Work
governed by this Contract.
CONTRACTOR:
Name of Gafiirac
RVPUB\DRD\570015
DOUG MARTIN CONTRACTING OMPANY INC.
President
Title
August 8. 2002
Date
CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00)
Doug Martin
Name