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Home My WebLink AboutC-1897I - FITIM 1 CITY OF ARCADIA (YFtl0NAL' Awarded Bid Price: i8 ' 7 $ 479,269.00 CITY COUNCIL CHAMBERS AND CONFERENCE ROOM RENOVATION JULY 171 2002 BID AND CONTRACT DOCUMENTS DON PENMAN ASSISTANT CITY MANAGER /DEVELOPMENT SERVICES DIRECTOR PHILIP A. WRAY CITY ENGINEERIENGINEERING SERVICES ADMINISTRATOR SCHEDULED BID OPENING: AUGUST 15, 2002 ,. s CONTRACT FOR THE CITY OF ARCADIA CITY COUNCIL CHAMBERS AND CONFERENCE ROOM RENOVATION 1. PARTIES AND DATE. This Contract is made and entered into this th day of September, 2002, by and between the CITY OF ARCADIA (hereinafter called the "Owner ") and D. L. KAUFMAN, 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 July 18, 2002, has submitted a bid proposal for construction for the City Council Chambers and Conference Room Renovation 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 September 4, 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. Bid Proposal d. Contract e. Contract Appendix Part "A" - General Conditions Part "B" - Special Provisions Part "C" - Specifications Part "D" - Drawings Part "E" - Performance Bond Part "F" - Payment Bond f. ADDENDUM NO. 1 dated 8/12/02 RVPUB\DRD\570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00) ,. 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 IM 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. 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 Bid Category number(s) necessary to fully and adequately complete City Council Chambers and Conference Room Renovation Project, 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 SEVENTY -NINE THOUSAND, TWO HUNDRED SIXTY -NINE DOLLARS AND NO CENTS ($479,269.00), 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. s 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 within ninety (90) Calendar 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 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 TWO HUNDRED FIFTY DOLLARS ($250.00) 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) w 0 4. 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 D. L. Kaufman, Inc. Fidelity and Deposit Company of 11747 W. Pico Blvd. 225 S. Lake Ave., Suite 700 Los Angeles, CA 90064 Pasadena, CA 91101 Attn: Daniel Kaufman Attn: Andy Platt President Resident Vice President Owner With Copies To: City of Arcadia City Spaces, Inc. 240 W. Huntington Drive 234 E. Colorado Blvd., Suite 850 Arcadia, CA 91007 Pasadena, CA 91101 -2206 Attn: Don Penman Attn: Nancy Wagner Assistant City Manager/ Project Manager Development 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. M CONTRACTOR By: ame Daniel L. K fman President I. Title No Tax I. D. Number.* 95- 3761172 Number .. Contractor, s License: B Class CITY OF ARCADIA By: (YEM -Tew, William R. Kelly City Manager ATTEST: By: . qun-eD. Alford City Clerk Approved as to Form: By: 46;�� P, P46ctl Step en P. Deitsch City Attorney 427490 ,. Number on RVPUB\DRD\570015 CONTRACT-4 GB • STATE & LOCAL (505/507/660) (7124/00) Maryland EXHIBIT "A" CERTIFICATION LABOR CODE - SECTION 1861 (PROJECT NO. ) I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. of w 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: D. L. Kaufman, Inc. By: w Signature Daniel L. Kaufman Name President Title 9/12/02 Date M RVPUB \DRD \570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00) SENT BY: THE_LIBERTY COMPANY; A.cm Barlocker -N, Hollywood 6180 Laurel Cyn Blvd #301 N. Hollywood CA 91606 Phone:818- 623 -6850 Fax:818- 623 -6851 INSURED '° -• _,_.... D L Kaufman, Inc. Los4AngelescCA89 064 8186236851; SEP -19 -02 2:06PM; PAGE 1/1 �■�■ I II'%%_JU VJ6JNtst: OPiD rJ DATE(MMIDDIYY) D6L6x -1 09/06/02 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE INSURER A: INSURER B: INSURER C: INSURER D: INSURER L: Navigator Insurance Company THE POLICIES OF INSURANCE LISTED RFL.OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POI ICY PFZVU INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMFNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BF ISSUED OR MAY PERTAIN, THE INSURANCE.. AFFOHUEU BY I Ht PULICIFS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POI ICIFR AGGRf ,ATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, _. ............... . _TR TYPE OF INSURANCE —'- _ EXPIRATION _ POLICY NUMBER D TEIMM /DDm) DATE /D, LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 06 , OOO A g I COMMERCIAL GENERAL LIABILITY GS102427 11 02/01 11/02/02 1 50 , 000 � V I / FIRE DAMAGE (Any one flrel S I AIMS MADE �J OCCUR MEO ExP An one arson CFN•I AAORFGATE LIMIT APPLIES PER PULICY 7 JE � I� LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCI IEDUI EP AUTOS HIRED AUTOS NON -OWNED AUTOS v P ) $5,00 PERSONAL 8 AUV IN $1,000,000 GFNFRAI.. AG GREGATE $2,000,000 PRODUCTS - COMP /OP AGG $2,000,000 COMBINED SINGLE LIMIT (En aocidmt) $ BODILY INJURY (Per person) _ BODILY INJURY S (Per accident) * *NIC - Insurer NAVIGATOR INSURANCE CO. Certificate holder, its officiala, officers, employees, agents and volunteers are named additional insured as respects to General Liability arising out of insureds operation. *10 day notice of cancel in the event of non- payment. *Project: City council chambers & conference room renovation project. CERTIFICATE HOLDER y 11 ADDITIONAL INSURED: INSURER LETTER: n CANCELLATION CITYARC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *10 DAYS WRITTEN City of Arcadia City Clerk I a Office 240 W. Huntington Dr. P.O. BOX 60021 NOTICE TO THE CERTIFICATE HOLDER NAMPO TO THE LEFT. BUT FAILURE TO DO 90 $HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENT$ OR REpRE$ENTATIVES. PROPERTY DAMAGE I (Per accident) $ OARAOE LIABILITY Leslie Lange (4 AUTO ONLY - EA ACCIDENT 5 ANYAUIU OTHER THAN FA ACC - -- S AUTO ONLY AGO $ EXCESS LIABILITY OCCUR ❑CLAIMS MADE EACH OCCURRENCE AGGREGATE $ $ HDEDUCTIBLE RETENTION 3 $ WORKERS COMPENSATION AND V, - EMPLOYERS' LIABILITY TORY LIMITS . ER $ - -- Ft.. EACH ACCIDENT i S._,,, E.L. DISEASE - EA EMPLOYEt $ E.L. DISEASE - POLICY LIMIT 1 * *NIC - Insurer NAVIGATOR INSURANCE CO. Certificate holder, its officiala, officers, employees, agents and volunteers are named additional insured as respects to General Liability arising out of insureds operation. *10 day notice of cancel in the event of non- payment. *Project: City council chambers & conference room renovation project. CERTIFICATE HOLDER y 11 ADDITIONAL INSURED: INSURER LETTER: n CANCELLATION CITYARC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *10 DAYS WRITTEN City of Arcadia City Clerk I a Office 240 W. Huntington Dr. P.O. BOX 60021 NOTICE TO THE CERTIFICATE HOLDER NAMPO TO THE LEFT. BUT FAILURE TO DO 90 $HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENT$ OR REpRE$ENTATIVES. Arcadia CA 910666021 Leslie Lange (4 — \ ltd I WMW I WTNT -Im. Izoo FROM D L KAUFMAN INC PPONE NC. : 310 477 6904 Sep. 17 2002 09:43AM P3 601 OY: IHF__LJdF _'HIV UUN1,1ANY; f}1l1usmtlblf H -11 -U�e 9!.1byM; Name Insured: D.L. Kaufman, Inc Pelacy #GS102427 Tws xNwRGBhfxw CILWOM Tax FMJC'Y- I'U!M XUD IT CAaXFEMLy» SLANIW Ai!DrUONAI, ?ttVb'UM E OXXIZ M CUCIM males nodiflas ttburanaa p!eovIdcd wader tt tW Owlag: COWMtMA ,103NUAL LLt18S.ITY COVB>i; M PART ADDMONAL DOWRED - OWN B, Lmw OR CQNMCP M "M B) CG zo it it as 149018 of Permva yr 0 SCf=Ui,A rppeiartiotat Any person or orgllttix.atft+q that the tr2tnled Insutsd is obligated by virttic of a fit'" contract or Ww=t to provide frvurRnos such a is afforded by th #s policy , , u"'Oved �? sue coapsm 1m wmdn 30 ays of the inoaptlon of the Wntr= nr Agrtme nt, at dis „ of d16 yulicy, wiridwm Is tator. WHO 13 AN INSURED Section , L Ai is a�nendad to include as an 1twre;td the person or o rftt bmu ad by in or dio Sabe�daleb, but only with respect to lilbility er16j»g out of "ynt:r work" for that insured by air for vau. Tba fomlOWinS addidonal provisions W)y► to any ewrtl�y liras is an ittsurr»d by lilc tarrtts of This cndoraamont: �� w�ritteut aalxraat or agteeme ntl $tjcb Insurance as is afforded by this policy shall MOW imuranw. and anar irnvra539 ar aa[e;' rwwrauu »...i,,,mL*d by Lha soave =1401tuti insarexi(s) sW1 to aroma Of ft lnsdrenee:fforded to the naoa w ktured and shAll not c ontribtu to it. L gN amado It taqutrerd by wrtttm tt aonaaex or agreagyeamt: We wawa any right of reeovety we may hove ag2irtst an eatii)r that Is Alin adQittotaal itrsWW per the terms of this andonemeat bectwo of lt,Ymcnts wo mils for it ury or damage arising out of "your work" done under a contract with amt person or orgatdsati i"M STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE SE!J:' (L-_t4IBE1R` 10, 2002 POLICY CITY OF ARCADIA P 0 BOX h €; {L:l ARC."ID t-I CA 910C`161-6021 L NUMBER CERTIFICATE EXPIRES SEP 13 2002 CITY OF ARCADL4 CITY CLERK JOB: CITY COUNCIL CHAMBERS & 1.1101'- 41- ERENCE R0011 I :*k.Ei40VA T It -tN This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California _ Insurance Commissioner to the employer named below for the policy period indicated. 30 This policy is not subject to cancellation by the Fund except upon tiov. days' advance written notice to the employer. 3- �. We will also give you T, iN 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. AUTHORIZED REPRESENTATIVE PRESIDENT ! ":- M='LOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PET. OCCURR- ENc1, -. ENDORSEMENT #001 5 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE )9/10/0't IS ATTACHED TO AND FORM" A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF ARCADIA ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS'NOTICE EFFECTIVE 0 10110'7ti IS A T'TACHF'D TO AND F!7,RM'- A PART OF THIS POLICY EMPLOYER 11' L KA;UFMAN, INC ( < W -M'