HomeMy WebLinkAboutAgr 2008-09-04 (Maxicrete)
TOWN OF TIBURON
TffiURON, CALIFORNIA
OWNER-CONTRACTOR AGREEMENT FOR THE
2007 PINE TERRACE PEDESTRIAN PATHS PROJECT
TffiS OWNER-CONTRACTOR AGREEMENT ("AGREEMENT") is made and entered into this ~daY of
5t::PT:F-fVlPER , 2008, by and between the TOWN OF TIEURON, municipal corporation, 1505 Tiburon
Boulevard, Tiburon, CA 94920, ("Owner") and ~OiJe jNG 4\i1- WtX.lit61t,/NL. ("Contractor"), whose
principal place of business is ill2M1)5CUfj Sf.Sif 201, fi'T1I'2FltLD /1+ '71033
In consideration of the mutual covenants and agreements set forth herein, Contractor and Owner hereby agree as
follows:
ARTICLE I
CONSTRUCTION
Subject to and in accordance with the terms of this Agreement, the Contractor shall do all the work and furnish all the
labor, services, materials and equipment necessary to construct and complete, in accordance with the Contract
Documents (as hereinafter defined) in a good, workm~nlike and substantial manuer and to the satisfaction of the
Owner, the 2007 Pine Terrace Pedestrian Paths Project ("Projecf') located in Tiburoll, California more particularly
depicted on Exhibit A ("the Site"). The Project is that described and reasonably iuferable from the drawings and
specifications and documents enumerated in Exhibit B, such construction and furnishing oflabor, services, materials
and equipment and the performance of Contractor's other services and obligations required by the Contract Documents
are hereinafter referred to as the "Work." The term "Contract Documents" shall mean this Agreement, and all of the
ite= enumerated in Exhibit B.
ARTICLE II
PAYMENT
See Section 5-1.11 of the Special Provisions of Contract Documents.
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ARTICLE III
TIME FOR PERFORMANCE
Section 3.1
Time of Coml'letion:
See Section 8-1.06 of the Standard Specifications and Section 4 of the Contract Documents Special Provisions.
Section 3.2
Liquidated Damages:
Contractor will pay liquated damages as set forth Section 8-1.07 of the Standard Specifications and Section 4 of the
Special Provisions.
The Parties acknowledge that time is of the essence in this Agreement and wish to avoid the cost, difficulty and delay of
proving the damages caused by delay. Accordingly, the Parties agree that the Contractor shall pay to the Town the sum
of$1,400 per day, for each and every calendar day's delay in finishing the work in excess of the number of working
days prescribed in Section 3.1 hereof.
~MDIA~
OWNER
M~XISToNr:; INC" dw-MA~lU(r1fINC.
CONTRACTOR )
ARTICLE IV
PREY ATI-ING WAGES
The general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this
locality for each craft, classification, or type of workman needed to execute this Agreement is that ascertained by the
Director of the Department of Industrial Relations of the State of Califomia, copies of which ("Prevailing Rate
Schedules") are on file in the Owner's principal office. The Prevailing Rate Schedules shall be made available to any
interested party upon request- The holidays upon which rates shall be paid shall be all holidays recognized in the
collective bargaining agreement applicable to the particular craft, classification or type of workman employed on the
Proj ect Attention is directed to Section 7 - 1.0 1 A(2) of the Standard Specifications. Contract shall forfeit, as a penalty as
set forth in California Labor Code S 1775, twenty-five dollars ($25.00) for each calendar day or portion thereof, for each
workman paid less than the prevailing rates set forth in the Prevailing Rates Schedules for any work done by any
subcontractor under Contractor.
ARTICLE V
NON-DISCRIMINATION
The Contractor hereby agrees to comply with the provisions contained in Section 5- 1. 1 of the Contract Documents.
ARTICLE VI
WORKER'S COMPENSATION INSURANCE
By my signature hereunder, as Contractor, I certifY that I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance
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in accordance with the provisions of that Code, and I will comply with such provisions before commencing the
performance of the Work of this Agreement
ARTICLE VII
CONFLICT
In the event of conflict between the terms of this Agreement and the bid or proposal of said Contractor, then, this
Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the proposal conflictiog
herewith.
ARTICLE VIII
EXIDBITS
This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference:
Exhibit A
Exhibit B
Exhibit C
The Site
The Contract Documents that comprise the terms of this Agreement
Contract Prices
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year first hereinabove
written.
APPROVED AS TO FORM:
TOWN OF TIBURON
By
~~
- Town Attorney
By
h~~G-G~
To anager
CONTRACTOR:
~-(2 ----
B~~ --'~)
Its rKt71OfNT
Contractor's License No.1'7:?662
Expiration Date: ~ l V / 2N) 0
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EXHIBIT A
The Site
The public and private rights-of-way located in the Town ofTiburon, California and known as:
Pine Terrace Pedestrian Paths as shown on Project Plans.
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EXHIBIT B
Contract Documents
. Project Plans.
. Standard Specifications.
. Standard Plans.
. Special Provisions.
. Proposals and Contract.
. Contract Bonds as Required.
. Any supplemental agreements amending or extending work.
. Any working drawing sketches, or instructions clarifying or enlarging upon the work specified.
. Pertinent portions of any other documents included by reference in the Special Provisions, Standard
Specifications, or Plans.
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