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HomeMy WebLinkAboutC-1773A N 0 1 vc), S"�) a `1 Ils ORT61NAL CONTRACT AMOUNT: $5949450.00 CITY OF ARCADIA ARCADIA, CALIFORNIA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR THE ANOAKIA LANE WELL EQUIPPING, BUILDING AND PIPING PROJECT PLANS AND SPECIFICATIONS PREPARED BY: W. DAVID BYRUM, P.E. CIVILTEC ENGINEERING, INC. STANLEY E. CHOLL, CITY ENGINEER SCHEDULED BID OPENING: APRIL 5, 2001 e-�l-7lor DATE ATE N CITY OF ARCADIA ANOAKIA LANE WELL EQUIPPING, BUILDING AND PIPING PROJECT - PROJECT NO. 6372051 CONTRACT BETWEEN CITY OF ARCADIA AND TERRA -CAL CONSTRUCTION, INC. RVPUB\DRD \570015 GB - STATE & LOCAL (505/507/660) (7/24/00) ■ (PROJECT NO. 6372051) CONTRACT FOR THE CITY OF ARCADIA ANOAKIA LANE WELL EQUIPPING, BUILDING AND PIPING PROJECT PROJECT NO. 6372051 1. PARTIES AND DATE. This Contract is made and entered into this fob day of ,NV 2001, by and between the CITY OF ARCADIA (hereinafter called the "Owner ") and TERRA -CAL 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 8, . 2001, has submitted a bid proposal for construction of the ANOAKIA LANE WELL EQUIPPING, BUILDING AND PIPING 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 17, 2001. 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. Contract e. 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) N (PROJECT NO. 6372051) Part "D" - Specifications (under separate cover) Part "E" - Drawings (under separate cover) Part "F" - Performance Bond Part "G" - Payment Bond 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. Contr, ctor's Initials - Gregg Strumpf - President 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 necessary to fully and adequately complete the ANOAKIA LANE WELL EQUIPPING, BUILDING AND PIPING PROJECT, alternative #4 only, and all structures and facilities described in the Contract (hereinafter the "Work "), for a total of FIVE HUNDRED NINETY -FOUR THOUSAND FOUR HUNDRED FIFTY DOLLARS AND NO CENTS ($594,450.00), 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) 4 (PROJECT NO. 6372051) 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within 120 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 performits 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 Ownerwill suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated damages the sum of EIGHT HUNDRED AND FIFTY DOLLARS ($850.00) 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 herebyengage 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 9 � 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. 6372051) 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 Terra-Ca-1 Terra-Ca-1 Construction, Inc. Bolton & Asoc. 14530 Joanbridge St. 245 S. Los Robles Baldwin Park, CA 91706 Pasadena, CA 91101 Attn: Gregg Strumpf Attn: John Husinger President _Atty -in -fact Owner City of Arcadia 11800 Goldring Rd. P. O. Box 66021 Arcadia, CA 91066 -6021 Attn: LeAnne Hamilton, Asst. 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 By: — A '_1 YA/ Nam GiYeg t-rurp/ President Title Tax I. D. Number. 95- 3734360 Number Contractors License: A, C -27, B Class 4�RnA� Number CITY OF ARCADIA , By: — wn_w &kpl William R. Kelly City Manager ATTEST: By: . Alford City Clerk Approved as to Form: By: Step en P. Deitsch City Attorney RVPUB\DRD\570015 CONTRACT - 4 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. 6372051) 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: RVPUB\DRDM0015 Terra -Cal Construction, Inc. Gregg_ Strumpf Name President Title May 25, 2001 Date CONTRACT (EXHIBIT A) GB -STATE &LOCAL (505/507/660) (7/24/00) '4 _T ac:oRV CERTIFICATE OF LIABILITY INSURANCklD GO DATE(MMIDD/YY) RRA-4 05/23/ni PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bolton & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE �A License #0008309 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR .0. Box 6030 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. asadena CA 91102 -6030 I Phone: 626- 799 -7000 Fax: 626- 441 -3233 INSURERS AFFORDING COVERAGE Terra -Cal Construction Inc. 14530 Joanbridqe Street Baldwin Park CA 91706 VVYGf \/1VLV INSURER A: RLI Insurance Company INSURER B: Golden Eagle Insurance Corp. INSURER C: Royal Insurance Company INSURER D: State Compensation Ins. Fund INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DDNY POLICY EXPIRATION DATE MM /DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE " OCCUR CGLO 010 972 11/01/00 11 / O1 / 01 FIRE DAMAGE (Any one tire) $ 50 , 000 MED EXP (Any one person) $ 5 r OOO X 5000 BI /PD deduct PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000 000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY }{ PRO LOC J E& PRODUCTS - COMP /OP AGG $ 1 , 000 R3 AUTOMOBILE X LIABILITY ANY AUTO CCP68414702 09/30/00 09/30/01 COMBINEDSINGLELIMIT (Ea accident) $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ $ AUTO ONLY: AGG C EXCESS LIABILITY X OCCUR El CLAIMSMADE PHN204688 11/01/00 11/01/01 EACH OCCURRENCE $ 11 r 000, 000 AGGREGATE $11,000,000 DEDUCTIBLE X RETENTION $10,000 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 160239700 10/01/00 10/01/01 TAI -1 X I TORY LIMITS ER E.L. EACH ACCIDENT I $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 11000,000 E. L. DISEASE -POLICY LIMIT 1 $ 1,000,000 OTHER ESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS en Liab A/I per CGL216 4 /98.Auto Liab A/I per GECA700 10/98. W /Comp Waiver f Subrogation incl. the City of Arcadia its officials,officers, employees,agents & volunteers. Endorsement will follow. ob: Anoakia Lane Well Equipping,Building & Piping project. roject #:6372051. *10 day notice for non - payment. viM 1 Irm A 1 C 11VLUCK I X I ADDITIONAL INSURED; INSURER LETTER ARCADII City of Arcadia City Clerks Office 240 W Huntington Dr Arcadia CA 91066 -6021 (7/97) GANGELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Donna Ratliff 61 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A. statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. N AUUKU 2545 (7/97) 1 LI w C 1 1 1 ARCADI1 POLICY NUMBER: CGL0010972 INSURED: TERRA -CAL CONSTRUCTION, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form C] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Arcadia and its officials, officers, employees, agents and volunteers. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled above and other insurance which may be available to such additional insureds will be non - contributory. Section IV., Condition 4., of this policy is amended accordingly All other Terms and Conditions of this Policy remain unchanged. CGL -216 (04/98) Page 1 of 1 GOLDEN EAGLE INSURANCE CORPORATION P.O. BOX 88826 - S:1v DIEGO. CA 92186 -5526 EAGLE PLUS - AUTO ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or.joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. - e. Any organization you newly acquire or form other than a partnership or,joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance available to that organization; or (2) To "bodily injury" or property damage" that occurred before you acquired or formed the organization. F. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g Any person, organization, trustee, estate or government entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if. (1) You art obligated to add that person, organization, trustee, estate or government entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract ", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agretment; or (b) the permit has been issued to you. 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required bccausc of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day bteause of time off from work. B. EXCLUSIONS Para_r,ip1i 5. is rcplact:d by the t <)Ilo� yin : 5. FELLOW EMPLOYEE "Bode[%. injure" to any fclltm. cmploycc.nf flit "Insure[" arisin_ out of and in the cc)tarsC of the fcllrny cmployac's cmployrrtcnt. Hcnvc%-Cr, we will :oycr "hodily injure" caused by your cmployce to hi, or her tcllow Cmploy= If the "hodily injury" results from the use of a u)vcrcd "auto ".you own or hire. This a)vcra--C Is cxcc,s over any other L ollcctihlc insurance. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employccs or partners or members of their household is a covered "auto" for each of your physical damage eoverag *es. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000. (?) The actual cash value of the damaged or stolen property as of the time of the "loss "; or (3) The cost of repairing, or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident ", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto ". . . .................. c. Our obli_ation to pay for, repair, return or replace damazed or stolen property will be, reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto ". We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto ". If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 7. Customized Furnishings Coverage We will pay with respect to a covered "auto" for "loss" to custom furnishings including, but not lirrited to: a. Special carpeting and insulation; b. Height - extending roofs; c. Custom murals, paintings, or other decals or graphics. GECA 700 110/98) � Page 2 of , Our limit ..r iiahrirn t T ti ,_u.t „m ILlrni,hrn_, ,h ell he the Ica.,t rF: a. ��tual 1::0111 V Lluc tF rhr ,tt)len ��r dania�,cd rrtrcrtG a� Or the time tt the loss: ur h. The amount nc,e.,,ar� to repair r,r replarc the prctperty; ctr �. S500. This �ctvera�c duce nett apple to electronic ec {uipmcnt. 8. Lease Gap Coverage (t a Inn, -term leased "auto” is a covered "auto" and the Icssor is named as an Additional Insured - Lessor. in the event of a tote( loss, we will pay your xclditional Ic��al obligation to the lessor For any Insured - ec between the actual cash value of the "auto" at the time of the loss and the "outstanding* balance" of the lcasc. "Outstanding balance" mcans the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tea {r charlcs; atnd ICaise termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion For "loss" caused by or resulting, from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the Following: 4. We will not pay for "loss" to any of the follow in_: a. Tapes, records, disks or other similar audio, visual or data electronic devices desi visual or data electronic equipment. gned for use with audio, b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.e does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely Operated by use of the power from the "auto's" electrical system, in or upon the covered "auto "; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (b) An integral part o,* the gam:. unit housmz= any sound reproducing* equipment descrilbed in (j ) above and permanently installed in the Opening of the dash or console of the covered "auto" normally used by the manufacturer for installatio of a radio. D. DEDUCTIBLE n The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 1 ` N SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS 2.a. k replaced with the t1)llowin_: a. In the event tit "'accident ". claim. "xuit" or "loss" you must promptly notify u,. Your Fluty to promptIv notify us is cftcctivc whorl any of your executive officcrs, partners, mcmhens, or 6-ml rcprescntativcs is aware of the "accident ", claim. "suit ", or "loss ". Knowled_,c of an "accident ", claim. "suit ", oc "loss" h� other cmployee(s) dr>cs not imply you also have such knowlcd,c. Notice to include: (1) How, when and where the "accident" or "loss" occurred: (?) The "insured's" name and address: and (3) To the extent possible, the names and addresses of arty injured persons and witnesses. The followin-* is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use ofa covered "auto" pursuant to the provisions of the "insured contract ", written a2Trecment, or permit. B. GENERAL CONDITIONS 7. e. is added: e. All parts of the world for an. "auto" you hire for less than 30 consecutive days, if the insured's responsibility to pay damaues is dCtermincd in a " 7. a - 7. d. suit" on the merits in the territory described in 9. is added: 9. UNINTENTIONAL FAILURE. TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the covera`;e afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS A. 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 700 (10198) 1 r i