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CITY OF ARCADIA
CONSTRUCTION OF CONCRETE BUS PADS
AT VARIOUS LOCATIONS
PROJECT NO. 5241034
CONTRACT
BETWEEN
CITY OF ARCADIA
AND
E. C. CONSTRUCTION
(PROJECT NO. 5241034)
CONTRACT FOR THE
CITY OF ARCADIA
CONSTRUCTION OF CONCRETE BUS PADS
AT VARIOUS LOCATIONS
PARTIES AND DATE.
This Contract is made and entered into this day of I I i(t/ t , 2004, by and
between the CITY OF ARCADIA (hereinafter called the "Owner ") and E. 0. CONSTRUCTION
(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 January 29,
2004, has submitted a bid proposal for the Construction of Concrete Bus Pads 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 March 17, 2004.
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" -
Part "B" -
Part "C" -
Part "D" -
Part "E" -
Part "F" -
Part "G" -
Part "H" -
ADDENDUM NO
General Conditions
Supplementary General Conditions
Special Provisions
Specifications (under separate cover)
Drawings
Performance Bond
Payment Bond
Escrow Agreement for Security
Deposits (optional)
dated
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(PROJECT NO. 5241034)
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.
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 necessary to fully and adequately complete the Construction of Concrete Bus Pads,
including any alternates selected by the Owner, and all structures and facilities described in the
Contract (hereinafter the "Work "), for a total of one hundred twenty -nine thousand one hundred
forty dollars and zero cents ($129,140.00), 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
Contract.
3.4 Period of Performance.
Contractor shall perform and complete all Work under this Contract within twenty -eight (28)
Calendar Days, beginning no later than ten days after Notice to Proceed is issued and thirty (30)
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 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
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(PROJECT NO. 5241034)
located in the Specifications, it is understood, acknowledged and agreed that the Owner will suffer
damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as
fixed and liquidated damages the sum of two hundred fifty dollars ($250) 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 Obliqation.
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.
3.9 Notices.
All notices hereunder and communications regarding interpretation of the terms of the
Agreement or changes thereto shall be provided by the mailing thereof by registered or certified
mail, return receipt requested, postage prepaid and addressed as follows:
Contractor
E. C. Construction
2213 Chico Avenue
South El Monte CA 91733
Attn: Kenneth D. Walters
President
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