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Home My WebLink AboutC-1983R CONTRACT FOR THE CITY OF ARCADIA Pressure Reducing Stations Project No. 6472013 1. PARTIES AND DATE. C�l9g (PROJECT NO. 6572103) /f This Contract is made and entered into this il+V1 � day of JJ 2003, by and between the CITY OF ARCADIA (hereinafter called the "Owner ") and Perry C. Thomas Construction, 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 March 27, 2003, has submitted a bid proposal for construction the Pressure Reducing Stationsdescribed 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 June 25, 2003. 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: RVPUB\DRD \570015 a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Prevailing Wage Requirements e. Contract f. Contract Appendix Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Special Provisions CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00) 1—M 1 Part "D" Part "E" Part "F" - Part "G" Part "H" g. ADDENDUM NO (PROJECT NO. 6572103) Specifications Drawings (under separate cover) Performance Bond Payment Bond Escrow Agreement 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. (2L 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 the project necessary to fully and adequately complete Pressure Reducing Stations, including any alternates selected by the Owner, and all structures and facilities described in the Contract (hereinafter the "Work "), for a total of FOUR HUNDRED THIRTY ONE THOUSAND ONE HUNDRED NINETY FIVE DOLLARS AND NO CENETS ($431,195.00 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 1 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 assignedto 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) LZ (PROJECT NO. 6572103) 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within 120 DAYS Calendar Days, beginning ten (10) Calendar Days after the date on which the Letter of Award 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 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 FIVE HUNDRED and 001100 DOLLARS ($500.00) 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. RVPUB\DRD \570015 CONTRACT-3 GB - STATE & LOCAL (505/507/660) (7/24/00) i (PROJECT NO. 6572103) I 3.9 Notices. All notices hereunder and communications regarding interpretation of the terms of the lAgreement 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 Perry C. Thomas Construction, Inc. 240 W. Duarte Rd. Monrovia, CA 91016 Attn: Perry C. Thomas, Vice President Surety Attn: With Copies To: City of Arcadia Public Works Services Department P.O. Box 60021 Arcadia, CA 91066 -60021 Attn: Ken Herman, Associate Civil 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. CO No Title Tax I. D. Number. q1 -�/ai Number Contractors License: A CITY OF ARCADIA By: WISA 7 -�1d� William R. Kelly Date City Manager ATTEST: By: w c-�-e `" e D. Alford Date City Clerk Approved as to Form: Y Stephen P. Deitsch City Attorney Class Number RVPUB\DRD \570015 CONTRACT-4 GB - STATE & LOCAL (505/507/660) (7/24/00) M'�� C Ll L-7 C (PROJECT NO. 6572103) 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: Nam7LofQont-rk o — ��f2 /L� C' �arn�5 �f�n�f Inc. By: 01q--JH&-7Z t PC, rn,4 Name ?P� Title 7- � -60A Date IRVPUB\DRD \570015 CONTRACT (EXHIBIT A) GB -STATE &LOCAL (505/507/660) (7/24/00) 07/03/2003 1:38 5594323330 Omn .144=120 PAGE 01 OP ID DATE (MMIDDNYYY) A�oRp. CERTIFICATE OF LIABILITY INSURANCE PERRTOI 07 03/03 PHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR gKARP INSURANCE & BONDING ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, �P.O, Box 27016 FpESHO CA 93729 NAIL# Phone INSURER Faxc559- 432 -2543 INSURERS AFFORDING COVERAGE INSURER A: STEADFAST INSURANCE COMPANY INSURED INSURER S; EAGLE WEST INSURANCE CO. DERRY C. THOMAS CONSTRUCTION, INSURER C; i1 HE TRAVELERS INDEMNITY CO, INC. INSURERD: MT. HAWLEY INSURANCE CO. 240 WEST D ARTE ROAD INSURER E: COVEKAUL;* - BEEN ISSUED TO THE INSURED NAMED A -- PERIOD INDICATED. N NOTWI THE P POLICIES O OF INSURANCE LISTED BELOIA HAVE B CONTRACT OR OTHER DOCUMENT WITH R RESPECT TO WHICH T THIS CERTIFICATE MAY B BE ISSUED OR ANY R REQUIREMENT, T THE INSURANCE AFFORDED 6Y THE P POLICIES DESCRIBED HEREIN IS SUBJECT T MAY P AGGREGATE LIMITS SHOWN MAY IIAVE BEEN R REDUCED BY PAID CLAIMS. L LIMITS LTR N NSR E TYPE OF_INSURANCE ^ NUMBER P PATE M fDD1YY P PATE MMlQDIYY EACH OCCURRENCE S S 1,000,00-0 G EoM��`� C°�, 9 GENERAL LIABILITY SC05397779 -00 0 02/01/03 0 02/01/04 E 9EXCLUDED000 A X X X X COMMERCIAL GENERALLIA1311JTY S PERSONAL & AOV INJURY $ CLAIMS MADE ODOUR P $1,000,000 — OTHER C SCHEDULED BQUIPXT QT6603525,A481 -03 C RENTED 6 LEASED EQ QT660352BA481 -03 DESCRIPTION OF OPERATIONS I LOCATIONI � I VEHICLES I EXCLUSIONS ADDED BY ENDORS TRZ CITY, IT18 DFFICI7.L0, XMpLOYEES,OFFICERS, NA"D AS ,ADDITIONAL ZI;ISURED PLR THE ATTACHED' PROJECT NO.6472013. := 0 CERTIFICATE CITY OF ARCAD::,A, 240 W. H=IKOTON DRIVA ARCADIA CAS 911907 ACORD 25 (2001108) LO�2 / 01/03 02/01/04 DER LzST ON k'ILE 2/01/03 02/01/04 $1000 p>;D $70 000 EMENT 1 SPECIAL PROVISIONS AGENTS AND VOLLYNTEERS ARE RE: PR.ESSVRE REDUCING STATIONS CANCELLATION GITYARI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE YHE EXPIRATIO DATE THEREOF, THE 15$LUNG INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, milow 1 M 07/03/2003 1 C;: 38 5594323330 Steadfast Insurance Company SHARP INS PAGE 02 0 ZL)RICI-1 NAMED INSURED: PERRY C. THOMAS CONSTRUCTION INC. Pi E— Additional Insured- Owners, ect. /Automatic Status per Contract 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Commercial General. Liability Coverage Part Products - Completed Operations Liability Coverage Part A. Wbo is an Insured (Section II) is amended to include as an insured any person or organization for whom you are performing operations when you and such person have agreed. in writing in a contract or Agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only respect to liability arising out of your ongoing operations performed for that insured. A person or organization's status as an insured under this endorsement end.a when your operations for that insured are completed. B. With respects to the insurance afforded these insureds, the ,following additional exclusion applies: This insurance does not apply to: "Bodily injury" "property damage ", "personal injury" or "advertising injury" arising out of the rendering of, or the failure ':o render, any professional. architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, .reports, Surveys, field orders, change orders or drawings and specifications; anal 2. Supervisory, inspection, architectural or engineering activities. ADDITIONAL INS13RED: THE CITY OF ARCADIA, IT'S OFFICIALS, EMPLOYEES, OFFICERS, AGENTS, AND VOLUNTEERS. MCountersigned: 11 uthorized Representative M -COL -1621 A CW (7/98) E>F>F- DA TE EXP. DATE EFF. DATE PRODUCER DATE ENDORSEMENT POLICY NUMBER OF POLXY OF POLICY OF )ENDT. NUMBER TYPED NUMBER $C053977790Q 21l/03 2/1.104 2/1103 7/3103 NAMED INSURED: PERRY C. THOMAS CONSTRUCTION INC. Pi E— Additional Insured- Owners, ect. /Automatic Status per Contract 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Commercial General. Liability Coverage Part Products - Completed Operations Liability Coverage Part A. Wbo is an Insured (Section II) is amended to include as an insured any person or organization for whom you are performing operations when you and such person have agreed. in writing in a contract or Agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only respect to liability arising out of your ongoing operations performed for that insured. A person or organization's status as an insured under this endorsement end.a when your operations for that insured are completed. B. With respects to the insurance afforded these insureds, the ,following additional exclusion applies: This insurance does not apply to: "Bodily injury" "property damage ", "personal injury" or "advertising injury" arising out of the rendering of, or the failure ':o render, any professional. architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, .reports, Surveys, field orders, change orders or drawings and specifications; anal 2. Supervisory, inspection, architectural or engineering activities. ADDITIONAL INS13RED: THE CITY OF ARCADIA, IT'S OFFICIALS, EMPLOYEES, OFFICERS, AGENTS, AND VOLUNTEERS. MCountersigned: 11 uthorized Representative M -COL -1621 A CW (7/98) CERTIFICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JUNE 27, 2003 CITY OF ARCADIA PUBLIC WORKS SERVICES DEPARTMENT P.O. BOX 60021 ARCADIA CA 91066 -6021 GROUP: 000046 POLICY NUMBER: 6418 -2003 CERTIFICATE ID: 182 CERTIFICATE EXPIRES: 01 -01 -2004 01 -01- 2003/01 -01 -2004 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. �(A� AUTHORIZED REPRESENTATIVE Aj�� e. 6L PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01 -01 -2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER PERRY C. THOMAS CONSTRUCTION, INC 240 W DUARTE RD MONROVIA CA 91016 SCIF 10262E (EPF -UI: BO 1 N RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO F NAME Vida Tolman I STREET Chief Deputy City Clerk/ ADDRESS Records Manager 240 W. Huntington Drive CITY P 0 BOX 60021 STATE ZIP Arcadia, CA 91066 -6021 L i 04 1250809 n-1So -s SPACE ABOVE THIS LINE FOR RECORDER'S USE �01�1111�»M Ao�w�iiaiii.o��uieiiia�� e ��iliriiiin ��io��iiiaiii�� uiaiai�� irh NOTICE OF COMPLETION G 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' and 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 5, 2004 The work done was: PRESSURE REDUCING STATIONS, PROJECT NO. 6472013 8. The names of the contractor, if any, for such work of improvement was PERRY C. THOMAS CONSTRUCTION, INC. JULY 15, 2003 (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: COLORADO BLVD. , EAST OF MICHILLINDA AVE. DUARTE RD., WEST OF BALDWIN AVE.; AND, EL MONTE AVE., SOUTH OF CAMINO REAL AVE. 10. The street address of said property is NONE (If no street address has been officially assigned, insert 'none'.) Dated MAY 10, 2004 (Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent) WILLIAM R. KELLY, CITY MANAGER VERIFICATION I, the undersigned, say: I am the CHIEF DEPUTY CITY CLERK 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; t e e is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on MAY 10 2044 4-CAD CALIFORNIA contents Before you use this form, fill in all blanks, and make whatever changes are and necessary to your particular transaction. Consult s lawyer IIIIIIIIIIIII IIII IIIIIIIIIII�I WOLCOTTS FORM 1114 - (Price class 3B) if you u doubt doubt the form's fitness for your purpose and use. Wolcotts makes NOTICE OF COMPLETION - Rev. 7 -99 no representation or warranty, express or implied, with respect to the m1999 WOLCOTTS FORMS, INC. merchantability or fitness of this form for an intended use or purpose. 67775 39114 5 FA �s G DO NOT RECORD REQUIREMENTS AS TO NOTICE OF COMPLETION Notice of completion must be filed for record WITHIN 10 DAYS after the completion of the work of improvement (to be computed exclusive of the day of completion) as provided in Civil Code Section 3093. The "owner" who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in- interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice. If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co- owners (in fact, the foregoing form is designed for giving of the notice by only one cotenant), but the names and addresses of the other co- owners must be stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors: In paragraphs 3, 5 and 6, the full address called for should include street number, city, county and state. As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the words "A work of improvement" from paragraph 7 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., "The foundation for the improvements "); (2) Insert the name of the contractor under the particular contract in paragraph 8. In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need be given if there is no general contractor, e.g. on so- called "owner- builder jobs." In paragraph 9, insert the full, legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached. In paragraph 10, show the street address, if any, assigned to the property by any competent public or governmental authority. 04 1250809 I\ TITLE(S) : FEE CODE 20 CODE 19 CODE 9 This page is part of your document - DO NOT DISCARD - RECEPVED � 1� 1250809 JUN 18 2004 CITY OF ARCADIA CITY CLERK [FREE 1 D RECORDEDIFILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 9:21 AM MAY 17 2004 Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. 0 D.T.T Number of AIN's Shown - THIS FORM NOT TO BE DUPLICATED -