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Home My WebLink AboutC-1919- CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF CHAPMAN WELL NO. 7 WELLHEAD FACILITIES PROJECT NO. 6372042 OCTOBER 2002 BID AND CONTRACT DOCUMENTS PLANS AND SPECIFICATIONS PREPARED BY: Q� PvSSE�I y ,y N0. C 17138 m m * ExP• 6/30105 �y CML OF CAL01f F C. RUSSELL HULSE, PE BOYLE ENGINEERING CORP. PHIL WRAY, PE \� CITY ENGINEER SCHEDULED BID OPENING: NOVEMBER 13, 2002 DATE IG »rC DATE CITY OF ARCADIA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF CHAPMAN WELL NO. 7 RVPUB\DRD\570015 WELLHEAD FACILITIES PROJECT NO. 6372042 CONTRACT BETWEEN CITY OF ARCADIA AND DENBOER ENGINEERING & CONSTRUCTION, INC. GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO.6372042) CONTRACT FOR THE CITY OF ARCADIA Construction of Chapman Well No. 7 Wellhead Facilities 1. PARTIES AND DATE. /' This Contract is made and entered into this 7th day of CJVU4i' 2003, by and between the CITY OF ARCADIA (hereinafter called the "Owner ") and Denbo 4r Engineering & 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 October 2002, has submitted a bid proposal for the Construction of Chapman Well No. 7 Wellhead Facilities 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 5, 2002. 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. J3.1 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 (under separate cover) Part "E" _ Drawings (under separate cover) Part "F" Performance Bond Part "G" - Payment Bond f. ADDENDUM NO. dated RVPUB1DRD1170015 CONTRACT -1 GB - STATE & LOCAL (505/507/660) (7/24/00) j i j (PROJECT NO.6372042) 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. 6� l 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 necessary to fully and adequately complete the Construction of Chapman Well No. 7 Wellhead Facilities, including any alternates selected by the Owner, and all structures and facilities described in the Contract (hereinafter the "Work "), for a total of Seven Hundred Twenty Nine Thousand Three Hundred Dollars and No Cents ($729,300.00), 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, .�I 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.6372042) 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within 80 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 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 i 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. RVPUBIDRD\570015 CONTRACT - 3 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO.6372042) 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 IIFNR(1FR ENGINEERING A CONSTRUCTION, INC. 4575 F CAMINQ PAROC I A PALM SPRINGS- CA 92264 Attn: (760) 7 00 Owner City of Arcadia 11800 Goldring Rd., Arcadia Attn: Lubomir Tomaier Suretv STM&- 5L-)P-F- Iry OIL -yam q K)& -TDN A- AV Sl `C.4. Q2 Attn: - STbNG.. o1, 3 44 3 -C) 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. CONT By: Title Tax I. D. Number. 3'oq q t,4 Number Contractor, s License: A - 6 - t+AZ- A- SP-) Class 46q s63 Number CITY OF ARCADIA By: .` 1A (.ft William R. Kelly Date City Manager ATTEST:, By: J D. Alford Date City Clerk Approved as to Form: By: — `r PS V Stephen P. Deitsch City Attorney RVPUB\DRD\570015 CONTRACT-4 GB - STATE & LOCAL (505/507/660) (7/24/00) EXHIBIT "A" 1 CERTIFICATION LABOR CODE - SECTION 1861 (PROJECT NO. 6372042) l J 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: Nam DENBOER ENGINEERING & CONSTRUCTION, INC. 62960 Title Date 1W RVPUB\DRD\570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00) ACORQ CERTIFICATE OF LIABILITY INSURANCE A E(MAA/ °D/YY) 12/11/2002 SRO °ucER (714) 508 -1450 FAX (714) 508 -1455 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Garrett /Mosier Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 17291 Irvine Blvd., Suite 104 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Tustin, CA 92780 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Laura Olson INSURERS AFFORDING COVERAGE -- INSURERA:OyStarNet Insurance Company WitF- DenBoer DenBoer Engineering &Construction Inc. INSURERS: Royal Insurance Company of America(Sterlin I 4575 E. Camino Parocela INSURER C: INSURER D: Pallm Springs, CA 92264 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED Tn THE wc1 IAGn n1AeAr-n ADn i� T INSR Hti MIT HtUUIHtMtN 1, 1 LHM UH UUNUITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR uING 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. LTR A TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS $ 1 000 00 GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE I A I OCCUR BFPD;ContrLiab IdependentContract SMCC2CPPO32304 2500 PD DED . PER OCC 11/09/2002 11/09/2003 EACH OCCURRENCE FIRE DAMAGE (Any one fire) $ 300, 00 X MED EXP (Any one person) $ 10,00 X PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO X LOC JECT FI PRODUCTS - COMP /OPAGG $ 2,000,00 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 2SMCC2BAU029704 11/09/2002 11/09/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESS LIABILITY X OCCUR D CLAIMS MADE DEDUCTIBLE X RETENTION $ 10,00 P2HA207800 )VER GL, AUTO, EL 11/09/2002 11/09/2003 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 11 000, 00 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER WC 'TAT H- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS ob: Construction of Chapman Well No. 7; Wellhead Facilities- Project No. 6372042 ert holder is included as add'l insured under gen. liability w/ respect all work performed by or on behalf of named insured per att'd CC2010 11/85 including primary wording, but only if required under ritton r.,..t., + - -- - - -J -�� - �• • r.• •ly «rrrl� a wnu11Llcr'ns. l.eri noiaer added as add'] insured under Policy per att'd *10 days notice of cancellation for non - payment of premium CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: City of Arcadia its officials, officers, employees, agents and volunteers 11800 Goldring Road Arcadia, CA 91066 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL KelfitXJdM MAIL 3O'` DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PORA 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. —ACOR POLICY NUMBER: 2SMCC2CPP032304 DenBoer Engineering & Constr COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) IThis endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE JName of Person or Organization: City of Arcadia, its officials, officers, employees, agents and volunteers 7 (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. It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and non - contributory, but only as respects any claim, loss or liability arising out of the operations of claim, loss or liability is determined to be solely the negligence or responsibility of the named insured. ,I The above terms apply, but only when and to the extent as required by a written contract with the named insured, subject to terms and conditions of above said policy. w] Job: Construction of Chapman Well No. 7; Wellhead Facilities- Project No. 6372042 „"1 J CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 l J a a J J StarNet INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. Additional Insured Endorsement This endorsement modifies insurance provided under the following: Business Automobile Coverage Form Truckers Coverage Form Named Insured: Policy Number: 2SMCC2BAU029704 DenBoer Engineering & Construction, Inc. Additional Insured: Endorsement effective: Blanket as required by written contract From: 11/09/2002 To: 11/09/2003 Unless otherwise Indicated above, will more on policy expiration date The following paragraph is added to Section II. A.1. Who Is An Insured: The additional insured, shown in the schedule above, for all sums: A -8060 (06 -01) i. that the additional insured must pay because of "bodily injury" or "property damage" to which this insurance applies; and ii. resulting from the additional insured's liability for the conduct of any other "insured ", but only to the extent of that liability. REGtivtu utu 1 L <uu& CERTIFICATE HOLDER COPY •'I) 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. DECEMBER 6, 2002 GROUP: 000044 POLICY NUMBER: 19224 -2002 .� CERTIFICATE ID: 91 CERTIFICATE EXPIRES 10 -01 -2003 10 -01- 2002/10 -01 -2003 CITY OF ARCADIA PUBLIC WORKS SERVICES DEPT. 11800 GOLDRING RD ARCADIA CA 91066 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 d 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. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10 -01 -2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER DENBOER ENGINEERING AND CONSTRUCTION INC 4575 E CAMINO PAROCELA PALM SPRINGS CA 92264 SCIF 10265 fEPF -UI: MG 1 r t