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HomeMy WebLinkAboutC-1896w i CITY OF ARCADIA LANDSCAPE IMPROVEMENI FIRE STATION 107 PROJECT NO. 2922012 JULY 11, 2002 BID AND CONTRACT DOCUMEN DON PENMAN ASSISTANT CITY MANAGER /DEVELOPMENT SERVICES DIRECTOI PHILIP A. WRAY CITY ENGINEER RVPUB\DRD \569998 SCHEDULED BID OPENING: JULY 30, 2002 GB - STATE & LOCAL (COV) (7/24/00) CITY OF ARCADIA LANDSCAPE IMPROVEMENTS AT FIRE STATION 107 PROJECT NO. 2922012 CONTRACT BETWEEN CITY OF ARCADIA AND DMA CONTRACTING Li Li RVPUB\DRD \570015 GB - STATE & LOCAL (505/507/660) (7/24/00) s (PROJECT NO. 2922012) CONTRACT FOR THE CITY OF ARCADIA LANDSCAPE IMPROVEMENTS AT FIRE STATION 107 1. PARTIES AND DATE. This Contract is made and entered into this c7)J day « (20" -y and between the CITY OF ARCADIA (hereinafter called the "Owner ") and DMA CONTRACTING (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 11, 2002, has submitted a bid proposal for construction the Landscape Improvements at Fire Station 107 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 August 21, 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 (underseparate cover) RVPUB\DRD \570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. 2922012) Part "F" - Performance Bond Part "G" - Payment Bond Part "H" - Escrow Agreement for Security Deposits (optional) 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. /l Cor racto ?� nitials 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 necessary to fully and adequately complete the Landscape Improvements at Fire Station 107 including any alternates selected by the Owner, and all structures and facilities described in the Contract (hereinafter the "Work "), for a total of eighty -seven thousand three hundred seventy four dollars and sixty cents ($87,374.60) 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) (PROJECT NO. 2922012) 3.4 Period of Performance. Contractor shall perform and complete all Work underthis Contract within forty (40) 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 Two Hundred Fifty Dollars ($250) 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) (PROJECT NO. 2922012) 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 DMA Contracting 14032 Enderle Center Dr Tustin, CA. 92780 Attn: Dennis Aldridge Owner Owner City of Arcadia 240 W. Huntington Dr. Arcadia, CA. 91007 ATTN: Philip A. Wray City Engineer Ste. 220 U / Attn: q mac, 3 — c� With Copies To: DMA Contracting 14032 Enderle Center Dr., Ste. 220 Tustin, CA. 92780 ATTN: Dennis Aldridge Owner 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: 40�� Name 'r'1w1z--t1Cj Title Tax I. D. Number.- Number Contractor's License: CITY OF ARCADIA By: W orest, Name �111r� Title Attest: By: June Alford City Clerk /-/In Approved as to Form: Class L-1 By: I _' Number Ste hen P. Deitsch City Attorney RVPUB\DRD \570015 CONTRACT-4 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. 2922012) EXHIBIT "A" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. 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: Cdi1�"f� By: Signature Name Title Q )Jackj Date RVPUB\DRD \570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00) ACORDM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) 08/28/2002 PRODUCER (559)550 -3555 FAX (559)650 -3558 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Landscape Contractors (Lic #0755906) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Insurance Services, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1835 N. Fine Avenue Fresno„ CA 93727 INSURERS AFFORDING RAGE INSURED DMA Greencare Contracting, Inc. INSURER A: Everest National , s anc*>Co. 14032 Enderl a Center Drive INSURER B: Suite 220 INSURER C: Tustin, CA 92780 INSURER D: I INSURER E: n COVERAGES 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. VSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MMIDDIYY LIMITS GENERAL LIABILITY 1700003186 -021 01/01/2002 01/01/2003 EACH OCCURRENCE $ 1,000,00( A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1XI OCCUR X XCU- Coverage FIRE DAMAGE (Any one fire) $ 100,00( MED EXP (Any one person) $ 5,00( PERSONAL & ADV INJURY $ 1,000,00( X $250 PD DED GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANYAUTO 1700003186 -021 01/01/2002 01/01/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON- OWNEDAUTOS X X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 3800001116 -021 01/01/2002 01/01/2003 X I ORY L M TS ER E.L. EACH ACCIDENT $ 1,000,00( E.L. DISEASE - EA EMPLOYEE $ 1,000,00( E.L. DISEASE - POLICY LIMIT $ 1,000,00( OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS E: Fire Station #107 (see attached ECG20 501 & ECG20 502) NA: a 10 day noks of ermuation wig ba given for non-payment of Premiums or non - reporting O; CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: City of Arcadia City Clerk's Office 240 West Hungtington Drive PO Box 60021 Arcadia, CA 91066 -6021 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL KIMMIM MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE Casey Col a /STEPHA ACORD 25 -S (7/97) © ACORD CORPORATION 1' 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. POLICY NUMBER: 1700003186 -021 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) (CG 20 10 11 85) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. 08/27/02 Name of Person or Organization: / The City of Arcadia its officals, officers, employees, agents and volunteers J/ as it pertains to job @ Fire Station #107 (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. ECG 20 501 12 99 Copyright, Everest Reinsurance Company, 1998 Includes copyrighted material of Insurance Services Office, Inc. used with its permission Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization: 1. required to be named as an additional insured in a written contract or agreement; and 2. approved by us as an additional insured. However, this amendment is subject to following: 1. This insurance does not apply to any person or organization not specifically approved by us as an additional insured; 2. Any insurance afforded an additional insured under this endorsement shall not begin before 12:01 A.M. on the date that person or organization is approved by us as an additional insured; 3. Regardless of the number of additional insureds, the Limits of Insurance under this insurance shall not be increased; 4. Any coverage that is not afforded under an additional insured's liability insurance for your acts, errors and omissions is also not afforded under this insurance; 5. No coverage is provided under this insurance for liability based on the goods, products, acts, errors or omissions of an additional insured; 6. To the extent required under written contract, this insurance will apply to an additional insured as primary insurance and other insurance which may be available to such additional insured shall apply on an excess basis; 7. If required by a written contract, we waive our right to recovery against any additional insured because of payments we make for injury or damage arising out of: a. Your ongoing operations, or b. "Your work" done under a contract with that additional insured and included in the "products- completed operations hazard ". ECG 20 502 01 00 Page 1 of 1 RECORDING REQUESTED BY CITY OF ARCADIA AND WHEN RECORDED MAIL TO (NAME JUNE D. ALFORD, CITY CLERK CITY OF ARCADIA STREET ADDRESS 240 W. HUNTINGTON DRIVE P.O. BOX 60021 CITY ARCADIA, CA 91066 -6021 STATE ZIP L 0' 0691791 ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION 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 FEBRUARY 18 , 2003 The work done was: LANDSCAPE IMPROVEMENTS AT FIRE STATION 107 ON ORANGE GROVE AVENUE 8. The names of the contractor, if any, for such work of improvement was DMA CONTRACTING QU1�US�28, 2982 (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: *TR =PART OF SANTA ANITA TR *THAT POR IN ARCADIA LTG MAINT DIST OF LOTS 4, 5 AND h RTK 97 D A F LOT COM AT NE COR OF LOT 4 TR 10. The street address of said property is 79 W. ORANGE GROVE AVE. NO 11305 TH S 89 (DEG) 32'10" W OF (If no street address has been officially assigned, insert "none ".) LOT 5 BLK 97 Dated FEBRUARY 20, 2003 {A/tr 1 (Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent) WILLIAM R. KELLY, CITY MANAGER I, the undersigned, say: I am the ARCADIA CIT Y F�fWATION 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; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on FEBRUARY 20 2 at R( (PerAnal signature offtthe] Before you use this form, fill in all t appropriate and necessary to your WOLCOTTS FORM 1114 - (Price class 3B) if you doubt the form's fitness for NOTICE OF COMPLETION - Rev. 7 -99 no representation or warranty, e 01999 WOLCOTTS FORMS, INC. merchantability or fitness of this f CALIFORNIA rho is swearing that the contents of the Notice of Completion are and make whatever changes are :u transaction. Consult a lawyer III) IIIIIIII IIII III I IIIIIIIII purpose and use. Wolcotts makes ss or Implied, with respect to the zir an intended use or purpose. 7 67775 39114 5 ln1 \ \ \ \ \ y: 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. AThis page is part of your document- DO NOT DISCARD RECEIVED 03 0691799 APR 0 8 1003 CITY OF ARCADIA RECORDED/FILED IN OFFICIAL RECORDS CITY CLERK RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 9:21 AM MAR 11 2003 TITLE(S) : FEE 9K:::9 CODE 20 CODE 19 CODE 9 �IInMI�III�IIIINIIIII�Yll9 Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. - THIS FORM NOT TO BE DUPLICATED D.T.T A& FrI Number of Parcels Shown