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Home My WebLink AboutC-2128r7 y. •- CITY OF ARCADIA DEVELOPMENT SERVICES DEPARTMENT COMMUNITY DEVELOPMENT DIVISION/PLANNING HOME IMPROVEMENT PROGRAM CONTRACTOR AGREEMENT C z,n, This Agreement is made and entered into this day of 25 Zo D S , by and between the City of Arcadia ( "City„), F—L4eaJCG Guy Ma 16 c ( "Owner ") and ff-L.w tti Cv. .( "Contractor "). City, Owner, and Contractor may be referred to individually as "Party" or collectively as "Parties ". WHEREAS, City has entered into a contract with the United States of America through its Department of Housing and Urban Development "HUD'), to execute the City Community Development Block Grant Program (the "CDBG Program ") under the Housing and Community Development Act of 1974, as amended, (the "Act'); and WHEREAS, Owner desires to participate in and receive funding under the CDBG Program and is qualified by reason of age and /or income to receive such funding, as described in documents; and WHEREAS, City recognizes the public benefit in providing the CDBG Program to low and moderate income persons and to aid in the elimination of slums or blight. NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: I SCOPE OF SERVICES Contractor shall supply all labor, services, supplies, material and equipment (collectively, the "Services') necessary to complete the improvements and other work described in Exhibit "A ", attached hereto and incorporated herein by reference (the "Project "). The Services shall be subject to, and performed in accordance with, this Agreement and all applicable local, state and federal laws, rules and regulations. 2. TIME OF PERFORMANCE Contractor shall commence work within ten (10) calendar days after receiving a signed Notice to Proceed, ,which shall occur following or concurrently with execution of this Agreement by all Parties. Contractor shall complete the Project within sixty (60) calendar days of commencement. If completion JS delayed for reasons beyond Contractor's control, Contractor shall provide timely notice to the Owner and City of the reasons for the delay and shall be obligated to substantiate its claim by adequate documentation. If Contractor does not commence work on the Project as agreed above, Owner and/or City may terminate this Agreement by notifying Contractor in writing. Cntwagr 11/3/2004 Page 1 3. COMPENSATION AND DISBURSEMENT OF FUNDS Owner and Contractor authorize the City to control the disbursement of all funds payable under this Agreement and agree that the City may do so at its sole discretion, provided such disbursement is consistent with this Agreement. The City will apply the funds for payment of labor and material and other associated costs under this agreement and provide records of all disbursements to Contractor. Contractor shall receive the sum of (a U=F_ ��. v� O Dollars ($ '� d-7 5. 0 0 ) for completion of the Project. Payment of ,this sum shall be me upon completion of the Project, and shall be made in the form of a two -party check issued by the City to Owner and Contractor. 4. NOTICE OF COMPLETION: CLEAR TITLE TO PROJECT Owner and City shall sign a Notice of Completion for recording within ten (10) days of completion of the Project. Contractor agrees to release, defend, indemnify, and hold harmless the City, Owner and the property that is the site of the Project from all claims upon receipt of. final payment, including but not limited to mechanics liens or other claims from subcontractors, material suppliers, laborers, and other persons or entities supplying goods, materials, supplies or. labor on the Project. CHANGE ORDERS No material changes or alterations in the Project or Project compensation, as provided herein, shall be made unless in writing and mutually agreed to by all Parties. 6. PERMITS, LICENSES AND CODES Contractor shall secure and pay for all permits and licenses, required for the Project, including but not limited to a building permit and City business license, and to adhere to applicable local codes and requirements whether or not covered by the specifications and drawings.. for, the Project. Contractor represents and warrants that it, as of the execution of this Agreement, possesses a valid contractor's license issued by the State of California, as well as any. specialty ( "C- class ") licenses required for the Project. EQUAL OPPORTUNITY Pursuant to state and federal statutes, including the Civil Rights.Act of 1964, the Housing and Community Development Act of 1974, the Age Discrimination Act of 1975, and the Rehabilitation Act of 1973, as well as Executive Order 11246, Contractor shall take affirmative action to ensure that applicants and employees are treated without regard to race, religion, sex, color, marital status or national origin; shall post notices setting forth 'nondiscrimination provisions; and shall not: (a) discriminate against any employee or applicant for employment because of race, religion, sex, color, marital status or national origin; (b) exclude from participation in the Project, deny the benefits of the CDBG funding for the Project, or subject to discrimination, any person on the ground of race, color, national origin, or sex; (c) discriminate on the basis of age; or Cntr-gr 11,1312004 Page 2 (d).discriminate on the basis of physical handicap with respect to an individual otherwise qualified for employment on the Project. 8. ELIGIBILITY OF CONTRACTOR Contractor represents that at the time of execution hereof, it is not listed on the disbarred and suspendable Contractors list of the U. S. Department of Housing and Urban Development. eIMMMMM r rtr� For good and valuable consideration, Contractor hereby agrees to provide a full one -year warranty to the Owner, which shall extend to subsequent owners of the property to be improved. The warranty shall provide that improvements, hardware and fixtures of whatever kind or nature installed or constructed on said property by the Contractor are of good quality, and free from defects in workmanship or materials or deficiencies subject to the warranty contained in this paragraph provided, however, that the warranty set forth in this paragraph shall apply only to such deficiencies and defects as to which Owner or subsequent owners shall have given written notice to the Contractor, at its principal place of business within one (1) year from the date of Contractor's request for final payment, stating that all Services on the Project have been completed. 10. VERIFICATION OF SCOPE OF SERVICES Contractor shall verify on the job site, all dimensions, conditions, plans and working drawings and immediately notify the Development Services Department of any discrepancies. Contractor shall be held responsible for all such verifications. Any item of work or any items not specifically set forth in the scope of services attached hereto as Exhibit "A ", but which is necessary for the proper completion of the Project and which is not specifically excluded from this Agreement, shall be supplied and set in place at the expense of the contractor as though it has been shown or indicated in Exhibit "A ". Color, type, model, style, finish and manufacturer of all fixtures, appliances, hardware and all other products used in the rehabilitation work which have not been specified in Exhibit "A" shall be approved and/or selected by Owner. Contractor acknowledges that it has reviewed Exhibit "A" and this Agreement and that such is accurate and consistent as to scope of work and price. 11. STANDARD OF CARE Contractor shall provide Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by licensed contractors in the State of California. Contractor represents and maintains that it is skilled in the trades or crafts necessary to perform the Services. Contractors warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Contractor shall perform, at its own cost and expense and without reimbursement from Owner or City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. 12. INSPECTION BY CITY Cnu=gr 11/3,"2004 Page 3 The Development Services Department of the City of Arcadia and representatives of the Department of Housing and Urban Development of the United States (HUD) shall at all times have access to the Project for ascertaining that the materials, workmanship and equipment are in accordance with the requirements and intentions of this Agreement, including Exhibit "A ". The Development Services Department shall also be permitted at all reasonable times to inspect and review all relevant data and records of the Contractor. 13. BREACH OF CONTRACT AND REMEDIES If Contractor fails to timely complete the Project as agreed herein, Owner and City may declare Contractor in default by providing written notice to Contractor by registered mail. be Contractor fails to remedy such default within fifteen (15) days of such notice, Owner and City shall have the right, to select a substitute Contractor to complete the Project. If the expense of completing the work exceeds the unpaid balance on this Contract, Contractor shall pay the difference to the Owner. Either City or Owner may initiate arbitration, as provided herein, to enforce this Agreement. 14. SUB - CONTRACTORS Contractor agrees that all the warranties contained herein shall apply to all work performed under this Agreement, including that performed by any sub -contractors. , 15. RIGHTS AND REMEDIES OF OWNER All warranties. herein are in addition to, and not in limitation of any and all other rights and remedies to which the Owner, or subsequent owners, may be entitled, at law or in equity, and shall survive the conveyance of title, delivery of possession of the property, or other final settlement made by the, Owner and shall be binding on the undersigned notwithstanding any provision to the contrary contained in any instrument heretofore or hereinafter executed by the Owner. 16. RETENTION OF RECORDS Contractor shall retain all documents, papers, and other records pertaining to this Agreement for a period of three years after final payment is issued to Contractor for its Services on the Project. Contractor shall make such records available for inspection or audit upon request from the City or any local, state or federal governmental agency. 17. REMOVAL OF DEBRIS Upon the completion of the Project Contractor agrees to remove all construction debris and surplus material from the property and leave the property in a neat and broom clean condition. 18, LEAD -BASED PAINT PRODUCTS In compliance with part 570.611 of CDBG regulations lead -based paint products shall not be used onthe Project. 19. TIME OF THE ESSENCE CrArcagr 11/3/2004 Page 4 Time is of the essence of this Contract as to all Parties hereto. 20. INSURANCE POLICIES: Contractor shall, at its sole expense, secure and maintain during the term of this Agreement, policies of insurance in the following types and coverage amounts: a. Contractor's and Sub - Contractor's property damage insurance coverage in the minimum amount of $50,000.00. b. Liability for Bodily injury coverage in the minimum amount of $100,000.00 or $300,000.00 or a combined single coverage of $500,000.00 for bodily injury and property damage. c. Workers Compensation as required by law. 21. CONTRACT OF RECORD The Provisions of this Agreement shall supersede all other contracts and agreements concerning the work described herein. 22. CONFLICT OF INTEREST AND LOBBYING Contractor warrants and represents that (i) 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 Agreement; and (ii) it has not paid or agreed to pay any company or person, other than es 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 Agreement. For breach or violation of these warranties, City shall have the right to rescind this Agreement without liability. No officer, employee, or member of the governing body of the City who exercises any function or responsibilities connected with this Agreement shall have-any private interest, direct or indirect, in this Agreement. Contractor and Owner certify that they have respectively not made, and will not make, any payment to any person, officer or employee of the City, any other governmental agency, or any member of Congress in connection with this Agreement or the award of any other federally funded contract, grant, or loan. 23. ARBITRATION Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration will place said dispute before an impartial third parry, agreeable to the Parties, who will be authorized to make a legally binding decision. The costs of the arbitration shall be borne by the Party or Parties determined not to be the prevailing Parry or Parties by the arbitrator. 24. GOVERNING LAW This Agreement shall be construed and interpreted according to, and the rights of the Parties shall be governed by, the laws of the State of California. 25. AUTHORITY TO EXECUTE AGREEMENT CITY'S REPRESENTATIVE Cnt=gr 11/3/2004 Page 5 Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Parry. The City hereby designates its Program Administrator, or his or her 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 representing the City other than the City's Representative or his or her designee. "NOTICE TO OWNER" (BUSINESS & PROFESSIONS CODE SECTION 7018.5 -- CONTRACTORS LICENSE LAW) NOTICE TO OWNER Under the California Mechanics Lien Law any contractor, subcontractor, laborer, supplier or either person who helps to improve your property, but is not paid for his/her work or supplies, has a right to enforce a claim against your property. This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your contractor in full if the subcontractors, laborers, or suppliers remain unpaid. To .preserve their right to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are required to provide you with a document entitled 'Preliminary Notice". Original (or prime) contractors and laborers for wages do not have to provide this notice. A Preliminary Notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. (Generally the maximum time allowed for filing a claim or lien against your property is umety (90) days after completion of your project.) TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS: 1. Require that your contractor supply you with a payment and performance bond (not a license bond), which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as copy of the construction contract should be filed with the County Recorder for your further protection. 2. Require that payments be made directly to subcontractors and material suppliers through a joint control. Any joint control agreement should include the addendum approved by the Registrar of Contractors. 3. Issue joint checks for payment, made out to both your contractor and subcontractors or material suppliers involved in the project. This will help to insure that all persons due payment are actually paid. 4. After making payment on any completed phase of the project and before making payment, require your contractor to provide you with unconditional lien releases signed by each material supplier, subcontractor and laborer involved in that portion of the work for which payment was made. On Cnircag 11/3/2004 Page 6 projects involving improvements to a single family residence or a duplex owned by individuals, the persons signing these releases lose the right to file a claim against your property. In other types of construction this protection may still be important, but may not be as complete. TO PROTECT YOURSELF UNDER THIS OPTION YOU MUST BE CERTAIN THAT ALL MATERIAL SUPPLIERS, SUBCONTRACTORS OR LABORERS HAVE SIGNED. Contractors are required by law to be licensed and regulated by the Contractor's State License Board. Any questions concerning a contractor may be referred to the registrar of the of the Board whose address is: Contractors' State License Board 9835 Goethe Road P. 0. Box 26000 Sacramento, CA 95326 (800) 321 -2752 or 8855 E. Valley Blvd. Rosemead, CA 91770 (818) 575 -6926 [SIGNATURES ON NEXT PAGE] Cmrcagr 11/3/2004 Page 7 ✓� i^ weer Ar6- Owner CONTRACTOR Contractor's Name (Please Print) Address (Please CITY OF ARCADIA William R. Kelly City Manager Dated: E T: i i r City Clerk APPROVED AS TO FORM: ;G'. i)-� City Attorney ,2 /d /d5 Date Date Telephone Contractor's License No. Date Contractor's City Business License No. Cntrcagr 11/3/2004 Page 8 AcoRV_ CERTIFICATEW LIABIUTI�'tfllS!<JRANCEW, 5...5:m� I ' A �II' Is insurance Serv. of Irvine A of Norton ins.. Srvc., Inc. Corporate Park', Suite ;170 vine CA 92606 -5164 .one:949- 419 -2100 rax:949- 419 -0491 The 81wia Ca�pasy 1224 South 5th Avenue Arced a CA 91006 COVERAGES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INMUIER A. NIC insurance I INfd.FeER B'. Progressive Insurance ' INJL1REFt ! . �NSLd:En D: THE POLICIES OF INSURANCE LISTED BELL ''V HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOP THE PC0.ICS FERIOD INDICATED. NOTVVITHSTANUIN3 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESFB':T TO WHICH THIS CERTIFICATE MAY BE ISSUED OP MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLW ^IONIa' AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR ME OF RISURANCE POLICY NUMBER DATE (MMNOM') EXPIRATIO DATE (MMIDDIWJ LIMITS A GENERAL UABLRY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR X Owner /font Prot. OS411221 08/20/04 - 08/20/0$ EACFL OCCURRENCE 51,000,000 $0_,000 MED EXP A, $ 5,000 PERSONAL B.ADV INJURY' $1,000,000 GENERAL AGGREGATE $ 2,000,000 CENL AGGREGATE LIMITAPPLIES PER. POLICY FRO- T LOC JEi PRODUCTS - COMP,OF AGG $ 1,000,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED ALTOS SCHEDULED AUTUS HIRED ALTOS NO COWED AUKS 083952530 12/23/04 12/23/05 COMBINED SIN LIMIT IE'80 °itlni1) $ 750,000 BODILY INJURY IF. PU nail $ X X BODILY INJILRY X PROPERTY DAMAGE (Per Accieenq $ GARAGE LIABIL ANY AUTO AUTO ONLY - EA ACCIDENT $ JTHERTWNI EA ACC_ ALTO ONLY AGG EXCESSIUMBREI LA LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND ELPLOYERS'L4IBLRY ANY PRUFRIETUWPARTNEWEXECUTNE OFFICEWhffMBER FXCLUDEDV It Vas, d.s b5uMar sPECtAL PROVISIONS W. TORY LIMITB ER E EACH ACCIDENT S EL DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER OESCRPTION OFOPERATICNS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMEMISPECI PROVISIONS *Except 10 days notice of cancellation for non- payment of premium. Regarding all operations performed by the named insured on behalf of certificate holder. Cmmanra SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE TIE EXPIRATION DATE TIERE°F. THE LSSIAM. WSNR9l WILL ENDEAVOR TO MAL ♦ 3O DAYS WRBTEN NOTICE TO THE CERTFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO D° So SHALL City of Arcadia I IMPOSE No OBLIGATION DR LNBLBY OF ANY KIND UPON THE INffl H ITS AGENTS OR PO Sox 60021 REPRESENTATNES. Arcadia CA 91066 rA D!P!P- -7°WR'E �yJ ; License betaiI Page 1 of 3 License Detail CALIFORNIA CONTRACTORS STATE L Contractor License # 395014 DISCLAIMER A license status check provides information taken from the CSLB Iio data base.. Before relying on this information, you should be aware c following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If i entity is subject to public complaint disclosure, a link for complai disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. • Per B &P 7071.17, only construction related civil judgments knov the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply w terms of the arbitration. • Due to workload, there may be relevant information that has not been entered onto the Board's license data base. Extract Date: 02/23/2005 * * * Business Information * * * THE ELWIN CO INC 1224 SO 5TH AVENUE ARCADIA, CA 91006 Business Phone Number: (626) 445 -4395 Entity: Corporation Issue Date: 10/29/1980 Expire Date: 10/31/2006 * * * License Status http:/ /www2.csib.ca.gov /CSLB_L.IBRARY /License +betai i.asp 2/23/2005 License Detail • Page 2 of 3 This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description OGENERAL BUILDING CONTRACTOR C -8 CONCRETE * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond nur 6030169 in the amount of $10,000 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2004 Contractor's Bonding History[ BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Mana Officer (RMO) TERRY ALLEN IZELL certified that he /she owns 10 p or more of the voting stock/equity of the corporation. A bond of qual individual is not required. Effective Date: 04/27/1988 * * * Workers Compensation Information * * * ��. This licensehas workers compensation msur' ith the Policy Nuffiber: Effective Date: 11/29/1991 11/29/2005 Personnel List re Date http://www2.cslb.ca.qov/CSLBLLIBRARY/License+r)etaii.asp 2/23/2005