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HomeMy WebLinkAboutC-1854(!;� CCEZaC oRiciNaL 07!;-©_'E-� e--� 'S s4 CITY OF ARCADIA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF CHAPMAN WELL NO. 7 PROJECT NO. 6372042 MARCH 2002 BID AND CONTRACT DOCUMENTS PLANS AND SPECIFICATIONS PREPARED BY: �C �YGeld�w C. RUSSELL HULSE, PE BOYLE ENGINEERING CORP. /��oQJ�sEU 'r Fic\ �No.C17139� En" W � gyI' el3olOS OF CAVF� "ENGIN�EER SCHEDULED BID OPENING: MARCH $; 2002 3 /06/0 -L' DATE .1—i DATE CONTRACT FOR THE CITY OF ARCADIA Construction of Chapman Well No. 7 1. PARTIES AND DATE. This Contract is made and entered into this 14,t day of Mkj 2066 by and between the CITY OF ARCADIA (hereinafter called the "Owner ") and BEYL K DRILLING, 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 2002, has submitted a bid proposal forConstruction of Chapman Well No. 7 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 April 16, 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. 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 (under separate cover) Part "E" - Drawings (under separate cover) Part "F" - Performance Bond Part "G" - Payment Bond RVPUB\DRD \570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00) ADDENDUM NO. 1 dated March 20, 2002. 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. Contractors 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 Bid Category number(s) la through 36 necessary to fully and adequately complete the Construction of Chapman Well No. 7 project, including any alternates selected by the Owner, and all structures and facilities described in the Contract(hereinafter the "Work "), for a total ofFIVE HUNDRED FIFTY FIVE THOUSAND DOLLARS AND NO /CENTS ($555,000.00), 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. Contracto rre presents 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) 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within80 Calendar Days, beginning ten (10) Calendar Days after the date on whichthe 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) 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 ( 505/50 7/660 ) (7/24/00) 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 Beylik Drilling, Inc. Coats /Rapp Surety Services 555 S. Harbor Blvd. 23461 South Pointe Drive #345 LaHabra, CA 90631 Laguna Hills, Calif. 92653 Attn: Linda Coats Owner With Copies To: City of Arcadia Public Works Services Department P. O. Box 60021 Arcadia, CA 91066 -6021 Attn: Pat Malloy, Public Works Services Director 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. BEYLIK ILLING, INC. By: I/ F - L_' L Name D uglas L. Watson President Title Tax I.D. Number: 95- 2381993 Number Contractors License: C57 /C61 /A Class 306291 Number CITY OF ARCADIA By: WbA 01 be, William R. Kelly Date City Manager ATTEST: Ct LJane D. Alford Date City Clerk Approved as to Form: By: '* 0 Z. Stephen P. Deitsch D to City Attorney RVPUB\DRD \570015 CONTRACT-4 GB - STATE & LOCAL (505/507/660) (7/24/00) 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: BEYLIK DRILLING, INC. By: Signature Douglas L. Watson Name President Title 4/16/02 Date RVPUB\DRn\570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00) CORD k :.. }` :::: �rrta :.... . :,Liiw: DATE (MMIDDIYY) �TYIN PRODUCER ......................I ........::::::::::::::.:::::.........,::::.:::.::::::::::::.: :. :. :. .. ;;;.;:.;:.;::;:.;:.:::. >:.;:.:< 2 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Andre in i & Co License 0208825 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE One MacArthur Place, Ste 100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE South Coast Metro, CA 92707 COVERAGE AFFORDED BY THE POLICIES BELOW. 714 - 327 -1400 FAX 714- 327 -1499 COMPANIES AFFORDING COVERAGE COMPANY r A AMERICAN HOME ASSURANCE CO. INSURED BEYLIK DRILLING, INC. COMPANY B REAT AMERCIAN INSURANCE CO. 3000 W. MACARTHUR BLVD. #6 6 0 SANTA ANA, CA. 92701 COMPANY C UNITED STATES FIRE INS. CO. COMPANY D ...... 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A E :::;<::: i;: i;: i:: i:;<: i:: i:: i:: i;;;;:;;;>::;:;;;:,•:;.:.;:;;:.>:. :.::.::::::::::::.::::::::: ::..:.......................... ........ .....::::::.................... :......THI.... ... `:: :« :::::::.:::::::::::: ::::::::....................... . ..............:..::::::.....................:::.:::::.......................::::::.....................::::::............. .....:.:.::.................... _ S IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MWDD/YY) DATE (MWDD[YY) LIMTTS A GENERAL LIABILITY GL5441681 RA 04/01/02 0 4 / 01/03 GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY LIAR. DEDUCTIBLE: $25,000 PRODUCTS - COMP/OP AGG $ CLAIMS MADE Fx] OCCUR PERSONAL 8 ADV INJURY $1 OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE $ XCU FIRE DAMAGE (Any one tire) $ MED EXP (Any one person) $ A AUTOMOBILE LIABILITY 767 DED: $25,000 0 4 / 01 / 0 2 0 4 / 01 / 0 3 ANY AUTO 50 DED: $25,000 THI 04/01/02 0 4 / O l / 0 3 COMBINED SINGLE LIMIT $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ t AGGREGATE $ EXCESS TUU3580088 04/01/02 0 4/ 0 1 / 0 3 EACH OCCURRENCE $ 1 B UMBRELLA FORM UMBRELLA F AGGREGATE $ OTHER THAN UMBRELLA FORM C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 408615027 -3 $ 01 / 01 / 0 2 01 / 01 / 0 3 X ORY TLATT ° R THE PROPRIETOR/ INCL EL EACH ACCIDENT $ PARTNERS/EXECUTIVE EL DISEASE - POLICY LIMIT $1 OFFICERS ARE EXCL OTHER EL DISEASE - EA EMPLOYEE $ DESCRIPTION OF OPERATIONS /LOCATIONStVEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER THE TERMS AND CONDITIONS POLICIES: SEE ENDORSEMENTS ATTACHED.RE: CONSTRUCTION OF �t CHAPMAN WELL NO. 7. AS RESEPECTS WORKERS' COMPENSATION: WAIVER APPLIES: SEE ATTACHED FORM *EXCEPT 10 DAYS NOTICE FOR NON- PAYMENT CITY OF ARCADIA, PUBLIC WORKS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DEPARTMENT, ATTN: LUBO TOMAIER EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL •30 1800 GOLDRING ROAD oars wRITrEN NoncE ro THE cIERTIFICATE HOLDER NAMED TO THE LEFT, RCADIA CA 91106 AUTHORIZED REPRESENTATIVE i El�i�f:::±;... �ilfi2kflo1. z9AI9 -,i POLICY NUMBER: GL5441681 RA COMMERCIAL GENERAL LIABILITY BEYLIK DRILLING, INC. EFFECTIVE: 04 /01/2002- 04/01/2003 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: 9 COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: �s Additional Insured under this policy: THE CITY OF ARCADIA, ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS i (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 as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. PROJECT: CONSTRUCTION OF CHAPMAN WELL NO. 7 CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 I INSRUED: Beylik Drilling, Inc. JPOLICY NUMBER: CA 5487787 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provision of the Coverage Form apply unless modified by the endorsement. SCHEDULE 7 Name of Person or Organization: THE CITY OF ARCADIA, ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS I RE: 7 7 J Construction of Chapman Well No. 7 (If no entry appear above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) The WHO IS AN INSURED provision under LIABILITY COVERAGE is changed to include as an "insured" the person or organization shown in the schedule, but only with respect to liability arising out of: 1. Your operations or services performed for that person or organization at the location shown in the Schedule; or 2. The Ownership, maintenance or use of the covered "autos" described in the Schedule. A person's or organization status as an additional insured under this endorsement ends when: 1. Your operations or services performed for that person or organization are completed; or 2. That person's or organization's interest in the described "auto" ends. 160156 (2 -98) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc. 1984, 1996 J 7 7 WORKERS COMPENSATION AND EMPLOYERS LIABILTY INSURANCE POLICY POLICY NUMBER: 4086150273 WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE WHERE REQUIRED BY WRITTEN CONTRACT. Name of Person or Organization: THE CITY OF ARCADIA, ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS RE: Construction of Chapman Well No. 7 DATE OF ISSUE: 04/17/02 1983 National Council on Compensation Insurance.