HomeMy WebLinkAboutC-2710RECORDING REQUESTED BY
C17fOFARCAD|A
AND WHEN RECORDFD MAIL TO
NAws Phil Wray, City Engineer
CITY OFARCADk\
arnEEr 240 WEST HWmTINBTONDR
P0 BOX 6OV21
o/rv ARCAD|A.CA 91088'6021
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.)
Notice is hereby given that:
1 The undersigned ia owner urcorporate officer of zhoowm*rofthaintemotureotateatatedbe/mvinthepmportyhenaioafterdeocnbed:
2. The hu|| name uf the owner /a
3. The full address of the owner |a 240 WEST HUNTINGTON DRIVE, ARCADIA CALIFORNIA 91007
4. The nature of the interest or estate of the owner is: |nfee.
(if other than Fee, strike "In fee" an insert, for example, "purchaser under contract ofpurchaae.^ur~Lvvsoe)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in
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NAMES
ADDRESSES
0. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent
to the commencement of the work or improvements herein referred to:
NAMES
�10s*=
7. was:
8. The names of the contractor, if any, for such work of improvement was A se a tq L-7-
(if no contractor for work of improvement as a whole, insert "None") (Date of Contract)
9. The property on which said work of improvement was completed is in the City of ARCADIA.
T-ive Capacity
County of LOS ANGELES, State of CA, and is described as follows: Huntington r
Improvements Project
I& The street address ofsaid property is None ,Z
(If no street ziddrahes been officiaii gne "Isert "None".)
assi
Dated
Signature of Owner or corporatoNfficer of Owner named in paragraph 2, or his agent
|. the undersigned, say: |am the CITY OF ARCADIA City Fingineer the declarant cf the foregoing Notice ufCompledon:
(President of, Manager of, Partner of, Owner cf. otc.)
I have read said Notice of Compietion and know the contents thereof-, the same is true tomy knowledge, | declare under penalty uf
perjury that the foregoing is true and correct,
Executed on 20 1,R_ at
<pmnnnal signature of the individual who Is swearily, that m°*ntents of the Notice of Completion are
Phil Wray, City Engineer I �
A This page is plart of your document - DO NOT DISCARD �&
01/23113 AT 08:16AM
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YIIVIIII 1111111111111111111111111i
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1100 - y
c- 79L%o
(PROJECT NO. 41854309)
CONTRACT FOR THE
CITY OF ARCADIA
HUNTINGTON DRIVE CAPACITY IMPROVEMENTS
PROJECT #41854309
1. PARTIES AND DATE.
This Contract is made and entered into this day of 'L 2012, by and
between the CITY OF ARCADIA (hereinafter called the "Owner ") and ALL AMERICAN ASPHALT
(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 April 2012, has
submitted a bid proposal for construction the HUNTINGTON DRIVE CAPACITY IMPROVEMENTS
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 May 16, 2012.
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
Part "E"
- Drawings (under separate cover)
Part "F"
- Performance Bond
RVPUB\DRD \570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. 41854309)
Part "G" - Payment Bond
Part "H" - Escrow Agreement for Security
Deposits (optional)
ADDENDUM NO. 1 dated May 7, 2012
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.
Conf"ractor'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
Project Number 41854308 necessary to fully and adequately complete HUNTINGTON DRIVE
CAPACITY IMPROVEMENTS PROJECT, Project No. 41854309, including any alternates selected
by the Owner, and all structures and facilities described in the Contract (hereinafter the "Work "), for
a total of Nine hundred sixty eight thousand dollars and zero cents ($968,000.00), 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.
RVPUB\DRD \570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00)
(PROJECT NO. 41854309)
3.4 Period of Performance.
Contractor shall have ten (10) calendar days from the date of the Notice to Award to supply
the owner with all the required documents and certifications. Upon receipt of correctly executed
documents and certifications, the Owner shall issue a Notice to Proceed. The Contractor shall
begin work within ten (10) days of the Notice to Proceed. Contractor shall perform and complete all
work under this contract within 60 working days from the Notice to Proceed and all work shall be
complete before September 21, 2012.
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 Ownerwill suffer damage.
Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated
damages the sum of One Thousand Dollars ($1,000) 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.
RVPUBORD1570015 CONTRACT - 3 GB - STATE & LOCAL (505/507/660) (7/24/00)
M
(PROJECT NO. 41854309)
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
All American Asphalt
400 East Sixth Street, PO Box 2229
Corona �OA 92878- 229
Attn:
Owner
City of Arcadia
240 West Huntington Drive
Arcadia CA 91007
Attn Philip A. Wray
City Engineer
Surety
Attn:
With Copies To:
Attn:
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.
CONTRACTOR
Title
Tax I. D. Number
7S— 2, fo 3
Number
Contractor's License:
CITY OF ARCADIA
By: '-
Dominic Lazzare ity Manager
Date
Attest:
By: 1�
Lisa M s enden
Chief Deputy City Clerk
kl Approved as to Form:
Class ,
Z� 07 n By: kqzh�� Q.
Number Stephen P. Deitsch, City Attorney
RVPUB\DRD \570015 CONTRACT-4
GB - STATE & LOCAL (505/507/660) (7/24/00)
County of Riverside
On MU 21, 2012 before me, Brenda L. Royster, Notary Public k
Date Here Insert name and Title of the Officer
i
personally appeared Robert Bradley
Nametrtof Signerf—
f
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is /are subscribed to the within instrument
and acknowledged to me that he /sheAhey executed the same in
BRENDA L. ROYSTER his /bash authorized capacity(ies), and that by his /heNtheir
Commission # 1906379 = signature(s) on the instrument the person(s), or the entity upon behalf
Notary Public - California of which the person(s) acted, executed the instrument.
Riverside County
M Comm. Expires Oct 26,201 1 certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS myPPnd and official sal.
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to person 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 Contract. — City of Arcadia
Document Date: May 21, 2012 _ Number of Pages: 6
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer(s)
Signers Name: Robert Bradley Signer's Name:
❑ Individual ❑ Individual
X Corporate Officer — Title(s): Vice President
❑ Partner— ❑ Limited ❑ General
• Attorney in Fact
• Trustee
• Other:
• Corporate Officer — Title(s): _
• Partner— ❑ Limited ❑ G ral
• Attorney in Fact
Top of thumb hei
• Trustee
❑ Other:
r-
(PROJECT NO. 41854309)
EXHIBIT "A"
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. I agree to and will comply with such provisions before commencing the Work
governed by this Contract.
CONTRACTOR:
Name of Contractor
By:
Signature:
Name:
Title:
Date:
RVPUB\DRD \570015 CONTRACT (EXHIBIT A)
ALL AMERICAN ASPHALT
1 ��