HomeMy WebLinkAboutC-2770CONTRACT FOR THE
CITY OF ARCADIA
BALDWIN AVENUE REHABILITATION
1. PARTIES AND DATE.
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(PROJECT NO. 41854312)
This Contract is made and entered into this ZnA day o44uAt , 20_!�, by and
between the CITY OF ARCADIA (hereinafter called the "Owner ") and ALL AMEIRICAN 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 November
2012 has submitted a bid proposal for construction the Baldwin Avenue Rehabilitation 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 December 19, 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
Part "G"
- Payment Bond
Part "H" -
Escrow Agreement for Security
Deposits (optional)
RVPUB\DRD1570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7124/00)
(PROJECT NO. 41854312)
ADDENDUM NO. dated
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.
Z
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 Project 41854312 necessary to fully and adequately complete BALDWIN AVENUE
REHABILITATION, including any alternates selected by the Owner, and all structures and facilities
described in the Contract (hereinafter the "Work "), for a total of FIVE HUNDRED EIGHT
THOUSAND DOLLARS AND ZERO CENTS ($508,000.00), 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. 41854312)
3.4 Period of Performance.
Contractor shall perform and complete all Work under this Contract within 25 working days,
beginning ten (10) calendar days after the date on which the Notice to Proceed 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 to 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 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 or 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)
(PROJECT NO. 41854312)
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
P.O. Box 2229
Corona, CA. 92878 -2229
Attn: Robert Bradley
Vice President
O_
City of Arcadia
240 West Huntington Drive
Arcadia CA 91007
Attn: Philip A. Wray
City Engineer
Sure
With Copies To:
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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
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Tax I. D. Number
:#.q 5 -a 59 50
Number
Approved as to Form:
By:
Stephen ��PDeit�s, City Attorney
RVPUB\DRD\570015
CITY OF ARCADIA
By:
Dominic Lazza , City Manager
2013
Date
Attest:
By:
City erk
Contractor's License:
Number_oZ
Class A. la-
CONTRACT-4
GB - STATE & LOCAL (505/507/660) (7/24/00)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On December 26
Date 2012 before me, Debbie Matsen Notary Public
Here Insert name and Title of the Officer
personally appeared Robert Bradley and Michael Farkas
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) ir/are subscribed to the within instrument
and acknowledged to me that 44e>s~hey executed the same in
4"A%Wtheir authorized capacity(ies), and that by 49GAier/their
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature1
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: December 26, 2012 Number of Pages: 4 Pages
Signer(s) Other Than Named Above: None.
Capacity(ies) Claimed by Signer(s)
Robert Bradley
Corporate Officer — TitleW: Vice President
❑ Partner— ❑ Limited ❑ General
❑ Attorney in Fact
Signer is Representing: _
All American Asphalt
Signer's Name: Michael Farkas
'Corporate Officer — Title): _
❑ Partner— ❑ Limited ❑ General
Signer is Representing:
All American Asphalt
(PROJECT NO. 41854312)
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. 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:
ALL AMERICAN ASPHALT
Vtc-6 biestDa--r
RVPuB\Dttn\570015 CONTRACT (EXHIBIT A)
GB -STATE &LOCAL (505/5071660) (7/24/00)
RECORDING REQUESTED BY
CITY OF ARCADIA
AND WHEN RECORDED MAIL TO
NAME Phil Wray, City Engineer
CITY OF ARCADIA
STREET 240 WEST HUNTINGTON DR
PO BOX 60021
CITY ARCADIA, CA 91066 -6021
STATE
ZIP
05/ 6/2013
6/'201i'TI�I�Ii�NN��
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
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 is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is CITY OF ARCADIA
3. The full address of the owner is 240 WEST HUNTINGTON DRIVE, ARCADIA CALIFORNIA 91007
4. The nature of the interest or estate of the owner is: In fee.
(if other than Fee, strike "In fee" an insert, for example, "purchaser under contract of purchase," or "Lessee ")
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
common are:
NAMES
ADDRESSES
6. 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
ADDRESSES
7. A work of improvement on the property hereinafter described was completed on May 7 . 201 3 The work done was:
Baldwin Avenue Rehabilitation
8. The names of the contractor, if any, for such work of improvement was Al I 4;ARriEan Asghal
(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.
County of LOS ANGELES, State of CA, and is described as follows: Baldwin Avenue between
Fnnthill Blvd & 0T_gUSe Greve Avgn
10. The street address of said property is
(If no street addre�s� J be officially ass ned, insert "None ".: Phil Wray, City Engineer
Dated May 8 201 3 CITY OF ARCADIA
c� aju e o Owner or corporate offs of Owner named in paragraph 2, or his agent
ii Wray, City E neer
M -4 012 K_j 9
I, the undersigned, say: I am the CITY OF ARCADIA City Engineer the declarant of the foregoing Notice of Completion,
(President of, Manager of, Partner of, Owner of, etc.)
I have read said Notice of Completion and know the contents thereof; the same is true to my knowledge, I declare under penalty of
perjury that the foregoing is true and correct.
Executed on May 8 201 3 at ARCADM,(IS&FORNIA.
(Personal signature of the individual who is s ing that the contents of the Notice of Completion are true)
Phil Wray, City Engineer