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HomeMy WebLinkAboutC-2832E2"265 IINNN II NMIII 11I II INII III 11IIII I III NYIIII II IIIII11 11I IIINa IA IINIII IY NUIIII II IIN LEADSHEET 111111111111111111111111111111111111111111111111111111111111111111111 00008849107 �IIIIIYI�IIII�IIII�IIII� SEQ: 01 DAR imunmuuiiiiiMail uoi(Hard mCopy) nanii THIS FORM IS NOT TO BE DUPLICATED i�miunuiumiuuioimuiiimmiuiunir��ui � MAR 3 20]& This page is part of your document - DO NOT DISCARD o� cos 20140156590 . _ L"-i'.i3 Pa es: II II II VIII II I VIII VIII VIII I IIIIVIIIVIIIVIIIVIIIIIIIIIII 4 + Recorded /Filed in Official Records Recorder's Office, Los Angeles County, California x 41F0 a�`�'x 02/13/14 AT 08:23AM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 IINNN II NMIII 11I II INII III 11IIII I III NYIIII II IIIII11 11I IIINa IA IINIII IY NUIIII II IIN LEADSHEET 111111111111111111111111111111111111111111111111111111111111111111111 00008849107 �IIIIIYI�IIII�IIII�IIII� SEQ: 01 DAR imunmuuiiiiiMail uoi(Hard mCopy) nanii THIS FORM IS NOT TO BE DUPLICATED i�miunuiumiuuioimuiiimmiuiunir��ui � 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 i 11111111111111111111111111l 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 ful! 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 2 -4 2014 . The work done was: 8. The names of the contractor, if any, for such work of improvement was Nobest Inc. (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: Arterial Streets Miscellaneous Mi nnr Rep airs Proect 41852214 10. The street address of said property is Various (If no street ad Dated 2 -5 201 4 as *en officially assigned, insert "None ".) of Owner or corporate a p A. Wray, C VERIFICATION Owner named in paragraph 2, or his agent Engineer 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 2 -5 , 201 4 at (Personal signature of the individual w is swearing that the contents of the Notice of Completion are true) Philip A. Wray, City Engineer 1100 -40 /C -2832 (PROJECT NO. 41852214) CONTRACT FOR THE CITY OF ARCADIA ARTERIAL STREETS MISCELLANEOUS MINOR REPAIRS PROJECT NO. 41852214 1. PARTIES AND DATE. This Contract is made and entered into this day of G�J �y 120/1 ' by and between the CITY OF ARCADIA (hereinafter called the "Owner ") and Nobest, Inc. (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 August 2013 has submitted a bid proposal for construction the Arterial Streets Miscellaneous Minor Repairs 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 September 18, 2013. 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) RVPUBIDRD1570015 CONTRACT-1 GR - STATE & LOCAL (505/5071660) (7/24/00) (PROJECT NO. 41852214) Part "F" - Performance Bond Part "G" - Payment Bond Part "H" - Escrow Agreement for Security Deposits (optional) 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 aw rd 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 Project 41852214 necessary to fully and adequately complete ARTERIAL STREETS MISCELLANEOUS MINOR REPAIRS, 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 sixty thousand dollars and zero cents ($160,000.00) 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. 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within 30 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 RVPUB'DRD1570015 CONTRACT-2 GB - STATE & LOCAL (505/5071660) (7/24/00) (PROJECT NO. 41852214) 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 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 'n 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. RVPUBIDRD1570015 CONTRACT-3 GB - STATE & LOCAL (505/507/660) (7124100) (PROJECT NO. 41852214) 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 Surety Nobest, Inc. 7600 Acacia Avenue Garden Grove, CA. 92841 Attn! Larry Nodland Attn: President Owner With Copies To: City of Arcadia 240 West Huntington Drive Arcadia CA 91007 Attn: Philip A. Wray City Engineer 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 \ CITY OF ARCADIA By: Presiden Title By: Name Rober odland II Secret Title Tax I. D. Number. 95- 3280500 Number Approved as to Form: J By: Stephen P. Deitsch, City Attorney Attest: t�djw. ;v City CI 'k By: Durnmic Lazzaret , ity Manager ;p: Date Contractor's License: Number 359622 Class A RVPUBIDRD1570015 CONTRACT-4 GB -STATE &LOCAL f505/507/660) (7124/00) CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On September 25, 2013before me, _Kay E. Anderson/Notary Public (Here insert name and title of the officer) personally appeared Larry Nodland and Robert Nodland II who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),eare subscribed to the within instrument and ac owledged to me that% /they executed the same in their authorized capacity(ies), and that by r /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acte , executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1� KAY E. ANDERSON Camrnission # 2031255 WITNESS m and official seal. Notary Pabiie - Cetltornq Orange County Mv Comm, Ex Orel Jun 27, 1T Signature fNo Pu is (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) IN Corporate Officer (s) President & Secretary (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12,10.07 800- 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment fora: must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certt6�ing the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe /tRe)�,- is /efe ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document (PROJECT NO. 41852214) 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: Nobest, Inc. President RVPUB\DRD157oo15 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (5051507/560) (7 /24100)