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Home My WebLink AboutC-1858 7 'ZO—e/, C l �. s: 4c, ti CITY OF ARCADIA SHORT-FORM CONSTRUCTION CONTRACT DEMOLITION OF THE CITY OF ARCADIA OLD HISTORICAL MUSEUM BUILDING PROJECT NO. 2855032 1. PARTIES AND DATE. • This Contract is made and entered into this 701 day of (n , 2002 by and between the City of Arcadia, a municipal organization organized under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91007 -("City") and INTERIOR DEMOLITION, INC., a California CORPORATION, with its principal place of business at 6708 Foothill Boulevard, #106, Tujunga CA 91042 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties." City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS. 2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing demolition services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City. • 2.3 Project. City desires to engage Contractor to render such services for the Demolition of the City of Arcadia Old Historical Museum Building ("Project") as set forth in this Contract. • 2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, the applicable Performance Bond, Payment Bond and Insurance Documents as required by the Contract. Short Form Construction Contract Page 1 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. 3.2 Contractor's Basic Obligation; Scope of Work. 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 Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the "Work"), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit "A" attached hereto and incorporated herein by this reference. Special conditions, if any, relating to the Work are described in Exhibit "B" attached hereto and incorporated herein by this reference. 3.3 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City. 3.4 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within ten (10) calendar days beginning the effective date of the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits "A" or "B" attached hereto, or may be provided separately in writing to the Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two hundred fifty dollars ($250) for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule.or Project milestones established pursuant to the Contract. 3.5 Standard of Performance; Performance of Employees. 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 represents that it, Short Form Construction Contract Page 2 which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract. 3.8.3 Contract Retentions. From each approved progress estimate, ten percent (10%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107. 3.8.4 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.8.5 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the Short Form Construction Contract Page 4 ) contract" shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City. 3.8.6 Payment to Subcontractors. Contractor shall pay all subcontractors • for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 10262 of the California Public Contract Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract. 3.8.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 3.9 Termination. This Contract may be terminated by City, at any time by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to the Contractor in the amount necessary to offset City's resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. 3.10 Completion of Work. When the Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or Short Form Construction Contract Page 5 unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which.City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code. 3.11 City's Representative. The City hereby designates Philip A. Wray, City Engineer, or his or her designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or here designee. 3.12 Contractor's Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City ("Contractor's Representative"). Following approval by the City, the Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work.site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the City's written approval. 3.13 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision shall be binding upon Contractor. 3.14 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. However, Contractor shall be responsible for damage proximately caused by Acts of God, within the meaning of Section 4150 of the California Government Code, only to the extent of five percent (5%) of the Total Contract Price as specified herein. In the event of damage proximately caused by "Acts of God," the City may terminate this Contract upon three (3) days advanced written notice. 3.15 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all Short Form Construction Contract Page 6 claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. 3.16 Insurance. 3.16.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.16.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage: 3.16.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employers' Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance; and (4) Builders/All Risk: Builders'/AII Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). 3.16.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit Short Form Construction Contract Page 7 shall apply separately to this Contract/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California. Employers Liability limits of $1,000,000 per accident for bodily injury or disease; and (4) Builders'/All Risk: Completed value of the project. 3.16.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: 3.16.3.1 General Liability. (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Work or operations performed by or on behalf of the Contractor, including • materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it. 3.16.3.2 Automobile Liability. (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. 3.16.3.3 Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. 3.16.3.4. All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given.to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. Short Form Construction Contract Page 8 3.16.4 Builders'/All Risk Policy Requirements. The builders'/ail risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City. 3.16.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds , provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.16.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also 'procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. 3.16.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.16.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.16.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.16.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. In addition, Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 3.17 Bond Requirements. Short Form Construction Contract Page 9 I � / 3.17.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 3.17.2 Performance Bond. If specifically requested by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 3.17.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, the. Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the Total Contract Price, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate the Contract for cause. 3.17.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:Vlll and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.18 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety Short Form Construction Contract Page 10 i precautions as applicable shall include, but shall not be limited to, adequate life protection and life saving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 3.19 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor.shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails toy perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have, the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. Short Form Construction Contract Page 11 3.20 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If the Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Contractor shall be solely responsible for all costs arising there from. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.21 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. Contractor will be charged a fee for any City permits, Contractor shall pay the City's applicable business license fee. 3.22 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 3.23 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: ' (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 3.24 U nderground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure Short Form Construction Contract Page 12 y� I 1 of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities. 3.25 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half(1-1/2) times the basic rate for that worker. 3.26 Payroll Records. In accordance with the requirements of California Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with California Labor Code Section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours. 3.27 Contractor's Labor Certification. By its signature hereunder, Contractor certifies 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, which is attached to this Contract as Exhibit "C" and incorporated herein by reference, shall be executed simultaneously with this Contract. 3.28 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Contract prior to final payment by City. 3.29 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.30 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, the Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or Short Form Construction Contract Page 13 materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to the Contractor, without further acknowledgment by the Parties. 3.31 Notices. All notices hereunder and communications regarding inter- pretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: • City Contractor City of Arcadia INTERIOR DEMOLITION, INC. 240 West Huntington Drive 6708 Foothill Blvd. Arcadia, CA 91066-6021 Tujunga, CA. 91042 Attn: Philip A. Wray Attn: Marco Molina City Engineer Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and 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. 3.32 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior - negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties. 3.33 Time of Essence. Time is of the essence in the performance of this Contract. 3.34 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 3.35 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.36 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original. 3.37 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. Short Form Construction Contract Page 14 • � ) 3.38 ,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. 3.39 Claims of $375,000 or Less. Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in California Public Contract Code §§ 20104, et seq. 3.40 Prohibited Interests. 3.40.1 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability. 3.40.2 Conflict of Interest. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising there from. 3.41 'Certification of License. Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature. IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written. [SIGNATURES ON NEXT PAGE] Short Form Construction Contract Page 15 . . \ CITY OF ARCADIA INTERIOR DEMOLITION,INC. By: •' PM,/ By: 14 glittli 77401 William R. Kelly Marco Mfolina City Manager Vice Pre' ident [ Attest: l L �C Ci A516 J e Alford \ Classification of Contractor's License City Clerk Approved as to form: S- ---L.2, 0-al-el, Stephen Deitsch City Attorney Short Form Construction Contract Page 16 EXHIBIT "A" PLANS AND SPECIFICATIONS The following plans and specifications are incorporated into this Contract herein by this reference: Short Form Construction Contract Page 18 SUPPLEMENTARY GENERAL CONDITIONS 10-1 GENERAL 10-1.1 Description of Work - Demolition of City of Arcadia Old Historical Museum Building 10-1.2 Quantities - The estimate of quantities of work is approximate only, being given as basis for the compilation of bids, and the City of Arcadia does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. In such case the contract unit price shall prevail subject to the requirements of Subsection 3-2.2.1 of the Standard Specifications. All work incidental to this project, as described on the drawings and/or this specification shall be considered as included within the scope of the work. The bid prices submitted by the contractor shall include the cost of said incidentals, even though such incidentals are not specifically mentioned in the preceding description of work to be done or in the proposal form. 10-1.3 PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified, the Bidder to whom a Contract is awarded shall deliver to the Owner a Performance Bond and Payment Bond in the form supplied by the Owner and included in the Bid Documents. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. The Performance Bond shall be for one hundred percent (100%) of the Total Bid Price, and the Payment Bond shall also be for one hundred percent (100%) of the Total Bid Price. 10-2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK Prosecution, progress, and acceptance of work shall conform to Section 6 of the' Standard Specifications with the following special conditions: a. Beginning and 'Completion of Work:' The contract time allowed for completion of the project is ten (10) calendar days. Work on this project shall commence no later than fifteen (15) days from the date of Notice to Proceed. This work shall be done between May 13, 2002 and May 24, 2002. Short Form Construction Contract Page 19 b. The contractor shall submit to the Engineer a time schedule of work for the various sequences of the major operations. Said schedule shall be submitted at least 5 working days prior to the beginning of work and shall be subject to the approval of the Engineer. c. Working hours on this project shall be limited to 7:00-a.m. to 5:00 p.m. with no work on Saturdays, Sundays, Holidays, and alternate Fridays in which City Hall is closed. d. Inspection: The City shall provide inspection for an 8-hour day for normal working days. The City will deduct from the contractor's invoice an amount equal to $45 per hour for inspection in excess of tie foregoing, including legal holidays, City Hall closed Fridays, and weekends. Construction on non-working days is subject to the Engineer's approval. e. Contractor shall notify all property owners within the project limits of all activities; written notification shall be delivered to properties at least forty- eight (48) hours in advance of any activity. f. The contractor and all subcontractors shall obtain an Arcadia Business License prior to the start of work. 10-3 STANDARD SPECIFICATIONS The work embraced herein shall be done in accordance with the "Standard Specifications for Public Works Construction (Greenbook)," latest Edition, including all supplements. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. 10-4 DEMOLITION 10-4.1 PERMITS The Contractor shall obtain all permits and make notifications incidental to the work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all' business taxes or license fees that are required for the work. 10.-4.2 TEMPORARY FENCING The Contractor shall furnish, install, maintain and remove all temporary fencing at its own expense. Temporary fencing shall be chain link with non-transparent cloth or vinyl fabric. 10-4.3 IRRIGATION REPAIR The Contractor shall be responsible for repairing damage to the irrigation system as a result of Contractor's operations. Short Form Construction Contract Page 20 Contractor shall protect and keep irrigation system operable for the duration of the work. 10-4.4 LANDSCAPE RESTORATION Contractor shall restore landscaping to its original condition prior to the commencement of work. 10-4.5 SITE RESTORATION In addition to irrigation and landscape repair, Contractor shall grade remaining surface to a smooth, even plane draining to the southerly direction. Contractor shall not leave pipes, boulders or debris exposed. 10-4.6 TEMPORARY FACILITIES Contractor may use the adjacent parking, lot to store equipment. Contractor shall supply a "Parking Lot Temporarily Closed" sign. Parking lot area shall be restored to its original condition prior to the commencement of work by said Contractor. 10-4.7 SCHEDULING This work is to be done immediately following the abatement of asbestos containing construction materials from the site performed by separate contract. The work to be performed under this contract shall be done on the dates of May 13, 2002 to May 24, 2002. The asbestos abatement may be done by a separate contractor. It is the responsibility of the Contractor to coordinate the work to be done under this contract with the work done by the abatement contractor. 10-5 CONSTRUCTION YARD It shall be the contractor's responsibility to locate any storage sites for materials and equipment needed, and such sites must be approved in advance by the City Engineer. When storage sites are located on private properties, the contractor shall be required to submit to the City Engineer written approval from the record owner authorizing the use of his property by the contractor, and contractor shall bear all the cost involved, and provide necessary insurance requirements. If contractor chose one of the City owned or Arcadia Redevelopment Agency (ARA) owned sites for his construction yard, the following provisions will apply: The contractor accepts sole liability for the yard during the time which it is occupied. The contractor agrees to indemnify and hold harmless the City and ARA during the period which the contractor occupies the site. The yard shall be fenced with City-approved temporary chain link fence and gate(s). The yard shall' be secured at all times. The Contractor shall be responsible for required utilities, if available. The contractor shall store all materials in a manner, which complies with - manufacturer's recommendations and/or legal requirements. The yard shall be maintained in a manner consistent with surrounding properties. After the project is constructed, the Contractor shall move off of the yard and return the yard to a condition similar to before he moved on the yard. Short Form Construction Contract Page 21 Contractor and all subcontractors shall not be permitted to place any signage or advertising signs on the site unless City's written approval is obtained. 10-6 UTILITIES The contractor will obtain the locations of underground facilities from the utility companies at least twenty-four (24) hours prior to commencing construction in such areas. At all time the contractor shall be responsible for the protection of such facilities and shall be held liable for damage to utilities during construction. The contractor is responsible to call Underground Service Alert at (800) 422- 4133 at least 72 hours prior to commencing any work. 10-7 CONSTRUCTION WATER It shall be the responsibility of the contractor to furnish an adequate supply of water for construction use. Necessary permit and fee schedule and water meter shall be obtained from the Arcadia water Division. 10-8 AIR AND WATER POLLUTION The Contractor shall be required to conform to all current regulations of the South Coast Air Quality Management District. The Contractor shall also conform to Section 402(p) of the 1972 Clean Water Act which establishes a framework for the regulation of municipal, industrial and construction stormwater discharges under the National Pollutant Discharge Elimination System (NPDES) program. 10-9 HAZARDOUS MATERIAL NOTIFICATION . A material Safety Data Sheet (MSDS) is required by the City of Arcadia for all hazardous materials which are brought on site by the Contractor. A MSDS is required for any product which may contain hazardous materials. The contractor must alert the City Engineer of the quantity and type of hazardous material which will be brought on site. The MSDS sheets must be submitted to the City Engineer at least two (2) business days prior to starting work. The City Engineer may require the City Safety Officer or his designee to review the MSDS for approval of use. The contractor shall be responsible for notifying Underground Service Alert (800) 422-4133 and all utility companies having substructures within the limits of the job. This shall be done at least 72 hours prior to commencing construction. Short Form Construction Contract Page 22 10-10 PUBLIC CONVENIENCE AND SAFETY The contractor shall provide, throughout the period of construction, all signs which may be deemed necessary for the safe and orderly conduct of vehicular and pedestrian traffic as directed by the Engineer. All barricades used as warning and guiding devices shall bear the name of the contractor in legible letters. 10-11 PAYMENT Payment shall be made -in accordance with Section 9 of the Standard Specifications. Payment will be made at the lump sum prices or unit prices as stipulated in the Bid Proposal and will include full compensation for furnishing all labor materials, tools and equipment and doing all the work involved in completion of the bid items. 10% retention will be paid 35 days after City's • acceptance. 10-12 SURVEY MONUMENTS All survey monuments, centerline ties and survey reference points shall be protected in place or re-established where disturbed in accordance with section - 8771 of the Land Surveyors Act, prior to project acceptance. This work will be the responsibility of the contractor and shall be at the contractor's expense. 10-13 LIQUIDATED DAMAGES Section 8-1.07 of the Standard Specifications is amended by the following: The term "liquidated damages" shall be considered to have the following meaning. The charges assessed against the contractor to cover additional cost incurred by the City because of failure of the contractor to complete the contract within the contract time. Assessment of liquidated damages will be by means of deductions at a specified rate per day of overrun in contract time from payments otherwise due the contractor for performance in accordance with the contract terms. The contractor shall pay to the City of Arcadia, the sum of $250 per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. Short Form Construction Contract Page 23 L- 10-14 GUARANTEE The contractor hereby guarantees for a period of one year that the entire work constructed by him under this contract will meet fully all requirements thereof as to quality of workmanship and of materials furnished by him. The contractor hereby agrees to make at his own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by him that becomes evident within the time specified after filing of the Notice of Completion of the work by the Engineer, and to restore to full compliance with the requirements of these specifications, including the test requirements set forth herein for any part of the work constructed hereunder, which during said period is found to be deficient with respect to any provision of the specifications. The contractor also agrees to defend, indemnify and hold the Owner, its officers and employees, harmless from claims of any kind arising from damage due to said defects. The contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the Engineer. If the contractor fails to make the repairs and replacements promptly, the owner may doe the work and the contractor and his surety shall be liable to the owner for the cost thereof. Upon termination of the Contractor's guarantee any manufacturers' guarantees held by him shall be delivered to the owner. The guarantees and agreements set forth in Subsection (a) hereof shall be secured by a surety bond which shall be delivered by the Contractor to the Owner before the notice of completion shall be filed by the Development Services Director. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the owner, in the amount of ten percent (10%) of the contract price. Said bond shall remain in force for a period of one year from the date of filing of the Notice of Completion. Instead of providing a surety bond, the contractor may, at his option, provide for the Faithful Performance Bond furnished under the contract to remain in force for said amount until the expiration of the required period. 10-15 SANITATION All portions of the work shall be maintained at all times in sanitary condition. The contractor shall provide adequate toilet facilities for all workmen and representatives of the owner employed on the work. Such facilities shall be subject to the acceptance of the owner as to location and type. The contractor shall maintain the same in sanitary condition from the beginning of the work until completion and then shall remove the facilities and disinfect the premises if necessary. The contractor shall be responsible for alleviating all dust and nuisance conditions occasioned by his work. Short Form Construction Contract Page 24 Each day, at the completion of the day's work, the entire trench area and adjacent streets shall be swept and cleaned to the satisfaction of the City Engineer or his appointed representative. The contractor shall cover all storm drain catch basins during excavation and sweeping operations to prevent excavated materials from entering the catch basins. • Short Form Construction Contract Page 25 • EXHIBIT "B" SPECIAL PROVISIONS DEMOLITION PART 1 - GENERAL 1.01 SUMMARY A. Work In This Section: Perform demolition and removals as indicated, specified, and required. 1. Demolish and. remove existing buildings including walks, paving, fences, walls, and foundations. 2. Make all necessary arrangements and remove abandoned on-site utilities including capping and sealing underground services at points of connection indicated or directed. 3. Remove trees in new construction area and as indicated. 4. Clean up and disposal of demolition and removal of debris. 5. Salvage as directed by Owner, including delivery to Owner's storage. 6. Electrical demolition. B. Related Work Specified Elsewhere: 1. Temporary facilities. 2. Clean-up. 3. Earthwork. 1.02 RECORD DRAWINGS: Provide record drawings as specified in Section 01720. Identify and accurately locate capped utilities and other subsurface structural, electrical, or mechanical conditions. 1.03 QUALITY ASSURANCE: A. Requirements of Regulatory Agencies: Secure and pay for demolition and removal permits required by. public agencies having jurisdiction. Give notices and comply with requirements of SCAQMD Rule 1403. Short Form Construction Contract Page 26 B. Public Utilities: Give all required notices, pay fees and charges, and arrange for disconnection and removal of abandoned public utilities and meters. 1.04 DEFINITIONS: The following terms have the meanings indicated when used in this Section and on related drawings: A. Remove: Remove and legally dispose of items except those indicated to be reinstalled, salvaged, or to remain the Owner's property. B. Remove and Salvage: Items indicated to be removed and salvaged remain the Owner's property. Remove, clean, and pack or crate items to protect against damage. Identify contents of containers and deliver to Owner's designated storage area. C. Existing to Remain: Protect construction indicated to• remain against damage and soiling during demolition. 1.05 MATERIALS OWNERSHIP: Except for items or materials specified hereafter to be reused, salvaged, or otherwise indicated to remain the Owner's property, demolished materials shall become the Contractor's property and shall be removed from the site with further disposition at the.Contractor's option. 1.06 ENVIRONMENTAL CONDITIONS: A. . Dust Control: Take appropriate action to check the spread of dust, and to avoid the creation of a nuisance in the surrounding area. Do not use water if it results in hazardous or objectionable conditions, such as flooding or pollution. Comply with all dust regulations imposed by local air pollution agencies. Remove dust and dirt from work area at least daily or more frequently as needed or directed. 1.07 PROJECT SITE CONDITIONS: • A. The intent of the drawings is to show existing site conditions with information developed from the original construction documents, field surveys, and Owner's records, and to generally show the amount and types of demolition and removals required to prepare existing areas for new work. Contractor shall make a detailed survey of existing conditions pertaining to the work before commencing demolition. Report discrepancies between drawings and actual conditions to the Architect for instructions, and do not perform any demolition or removals where such discrepancies occur prior to receipt of the Architect's instructions. B. Extent: Perform removals to extent required plus such additional removals as are necessary for completion even though not indicated or Short Form Construction Contract Page 27 r 1 1 specified. More or less of the existing construction may be removed if such variation will expedite the work and reduce cost to the Owner, subject to prior approval in each case. C. At completion of removal and demolition work, the Contractor shall compare existing conditions with drawings and with new construction to be attached to, aligned with or otherwise influenced by said existing conditions. In all cases where modifications may be required because of differences between existing conditions and assumed conditions shown or not shown on the drawings, the Contractor shall provide detailed information, dimensions, limitations and other documentation to enable the Architect to design the necessary modifications. 1.08 PROTECTION: A. Existing work: Protect existing work which is to remain in place, that is to be reused, or which is to remain the property of the Owner by temporary covers, shoring, bracing, and supports. Items which are to remain and which are to be salvaged and which are damaged during performance of the work shall be repaired to original condition or replaced with new. B. Trees: Protect trees within the project site which might be damaged during demolition, and which are indicated to be left in place, by a 6-foot high fence. Erect fence a minimum of 5 feet from the trunks at the outer perimeter of branches of individual trees or follow the outer perimeter of branches of clumps of trees. Restore trees scarred or damaged by Contractor equipment or operations to the original condition cr replace as determined by the Architect. C. Fire Protection: Maintain fully charged fire extinguishers and water hoses readily available during all demolition operations. Test electrical conductors for disconnection prior to removing. D. Warning Signs: Adequate warning signs, lanterns, lighting, etc. for vehicular and personnel protection shall be provided and maintained during the period of work as required by applicable safety ordinances. E. Construction Sign: A construction identification sign to be provided by the' City of Arcadia shall be posted on the site as directed by the City. 1.09 EXPLOSIVES: Use of explosives will not be permitted. 1.10 BURNING: Burning will not be permitted. PART 2 - PRODUCTS - Not Applicable Short Form Construction Contract Page 28 PART 3 - EXECUTION 3.01 EXAMINATION: Verify that utilities have been disconnected and capped. 3.02 PREPARATION: Conduct demolition operations and remove debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. Do not close or obstruct streets, walks, or adjacent facilities without permission from Owner and authorities having jurisdiction. 3.03 UTILITIES: A. Drain, purge, or otherwise remove, collect and dispose of chemicals, gases, explosives, acids, flammables, or other dangerous materials before proceeding with demolition operations. B. Prior to demolition or in the event unrecorded utilities are encountered, notify Owner or serving utility companies, as applicable, for work necessary and scheduled to be performed. Coordinate responsibility for limits of utility removals and be responsible for the removal of all utility installations both above and below grade except for those installations the utility companies agree to remove. Use care to protect utility lines to remain in service, repair all damage which does occur, and remove those not to remain in service. C. Interruption of .Service: In the event existing utility service requires interruption to accomplish the demolition work, obtain written approval by the Owner for interruption of service. Request approval not less than 48 hours prior to proposed scheduled interruption. State the exact services involved and the expected duration. Except in an emergency affecting life and limb, do not cause any interruption of utility service without,written authorization from the Owner. D. Provide for protection of utility lines to remain in service. Repair damage done to these facilities as a result of the work of this Section, to the satisfaction of the Owner. Locations of existing utilities to remain shall be identified on record drawings, and their physical location shall be indicated by tags or stakes as applicable. 3.04 WORKMANSHIP: A. Protection of work to remain: Establish cut off points between work to be removed and work to remain. B. Partial demolition and removal: When portions of pavement, slabs, sidewalks, curbs, curb and gutters and cross-gutters are to be removed, cut with a concrete saw to a minimum of 2" depth along all joint lines before breaking off the portion to be removed. Short Form Construction Contract Page 29 3.05 DEMOLITION OF SITE IMPROVEMENTS: A. Site improvements: Remove walks and pavement, including herbicide treated base courses, and fences, walls, stoops, and miscellaneous improvements. B. Paving and Slabs: Remove, grind, scarify, saw cut concrete and asphaltic concrete paving and slabs including aggregate base as indicated. C. Underground Utilities: Expose pipe, conduit, and cap at property line with permanent waterproof plugs of seals of concrete or metal. Except for items indicated to be abandoned in place, remove on-site abandoned pipe and conduit, cap and seal remaining pipe or conduit ends, and backfill the excavations as specified for new construction. D. Concrete: Where concrete work is to be removed, core drill or saw concrete as applicable. Square, straight edges shall be provided where existing concrete adjoins new work and other locations. Existing steel reinforcement shall be protected where indicated; otherwise, it shall be cut off flush with face of concrete. 1 Saw cutting: Cut concrete along straight lines to a depth of not less than 2 inches. Make each cut in walls perpendicular to the face and in alignment with the cut in the opposite face. The remainder of the concrete shall be broken out, provided that the broken area is concealed in the finished work, and the remaining concrete is sound. At locations where the broken face cannot be concealed, it shall be ground smooth or the saw cut shall be made entirely through the concrete. Cut off reinforcing bars, except where bonded into new concrete or masonry, and paint ends with bituminous paint before enclosing. 2. Core drilling: For small holes in concrete, use core drilling. Use sharp tools to minimize spalling, control water on both sides of the concrete floor or wall. Use minimum of water to avoid damage to adjacent construction. E. Compaction: Refill depressions excavated below grade for the removal of objectionable materials with suitable materials compacted to a relative density of 90% or more in accordance with ASTM D1557-70, or as required by the Standard Specifications. F. Limit of the work: The indicated items of demolition are not to be construed by the Contractor as a complete list of the demolition work, but as a guide to the.main areas of work involved. Other demolition shall be Short Form Construction Contract Page 30 • • carried out by the Contractor, where it is required to complete the project and carry out the intent of the Contract Documents. 3.06 DEMOLITION OF 'ELECTRICAL EQUIPMENT AND FIXTURES: Electrical fixtures shall be removed, complete with lamps, wiring, conduit and controls. Fixtures shall be salvage and delivered to the Owner. Other items shall become the property of the Contractor. 3.07 TREES: Remove trees where indicated, using care to protect roots. Backfill holes with compacted soil. Employ. a skilled nurseryman to remove and transplant trees in the designated locations and maintain until re-established. 3.08 SALVAGE AND DISPOSAL: A. General: Light standards, fixtures and benches shall remain the property of the Owner. Other items Owner intends to retain will be designated by the Owner prior to start of work. Contractor shall carefully remove, salvage, box or bundle as approved, and deliver such items to storage as directed. B. Disposal: All removed material other than items to be salvaged or reused shall become Contractor's property and be removed from Owner's property. Clean up and dispose of debris promptly and continuously as the work progresses, and do not allow to accumulate. Sprinkle water on the surface to prevent dust nuisance. Secure and pay for required hauling permits and pay dumping fees and charges. 3.09 CLEAN-UP: A. Roadways: Maintain cleanliness on roadways and. other public areas used by the equipment. Contractor will be held responsible for immediate removal of all spillage on the pavement. B. Site: All debris resulting from the work of this Section, together with all tools, equipment, and appliances used shall be completely removed from the site upon completion of the work. • Short Form Construction Contract Page 31 ISSUE DATE MM/DD/YY .�RO P .. 2002 4 24/ .. .................................................................................................................. . ................................................................................................................................. PRODUUCECE OF INF RMATION ONLY AND THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Commercial Carriers Ins . Agcy. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 12641 E. 166th Street POLICIES BELOW. P.O. Box 3190 COMPANIES AFFORDING COVERAGE Cerritos, CA 90703-3190 CA Lic . #0567750 COMPANY A LETTER ti RANGER INSURANCE COMPANY Phone : (562) 404-4_9_0_0 SLS COMPANY II INSURED LETTER J� INTERIOR DEMOLITION, INC. COMPANY C 6708 FOOTHILL BLVD LETTER SUITE 106 COMPANY D TUJUNGA, CA 91042 LETTER 11 COMPANY v LETTER THIS 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. CO TYPE OF INSURANCE POLICY NUMBER LIMITS EFFECTIVE POLICY EXPIRATIOy LIMITS LTR DATE(M M/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE S COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ CLAIMS MADE OCCUR. PERSONAL&ADV.INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $ 1, 000, 000 ALL OWNED AUTOS BODILY INJURY $ A X SCHEDULED AUTOS TCF0114909 6/04/01 6/04/02 (Per Pers(n) HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per Accident) — GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION . EACH ACCIDENT $ • AND DISEASE-POLICY LIMIT $ EMPLOYER'S LIABILITY DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS JOB ADDRESS : 355 CAMPUS DRIVE PROJECT #2855032 DEMOLITION AND ASBESTOS ABATEMENT. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO Attn: TIM KELLEHER MAIL 1 GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF ARCADIA BUT FAILURETO MAILSUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILIT'OF ANY 240 W. HUNTINGTON KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. ARCADIA, CA 91007 AUTHORIZED REPRESENTATIVE )2161Alt6 Fax: 818-352 9104 NMR ACORD 257S :©ACORD..CORPORATION 1990 . 05/07/2002 10.57 8183529:1Ad INTERIOR DEMOLIT""' PAGE 03 ' 06%'03%2002 14:43 FAX quuua i • UNLOAD/An OF ANY AUTO MINED, LEASED, HIRED OR BQ'•i;1 r► BY 'THE !CO U ACTOR OR FOR WHICH THE CONTRACTOR IS RESPONSIBLE: AND (2) F INSURANCE Q NERAGE SHALL • BE PRIMARY INSURANCE AS RESPECTS THE CTFY, ITS D it u •• , OFFICIALS, OFFICERS EMETWEES, AGENTS ANl VOLUNTEERS, OR Jr EXCESS, '�• STAND IN AN UNBROKEN • CHAIN OF COVERAGE ExC SS OF THE o rU ACiUR'S W Q4 yr UNt;)ERL*In COVERAGE, ANY INSURANCE OR SELF-INSURANCE MAINTAINER• 3Y f: CTIY, ITS DIRECTORS, • OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND' VOID: 1:14,.. SHALL BE EXCESS OF THg • CON'IACIOR'S INSURANCE AND SHALL NUr BE CAS •• Tn CONIRIBUIE WITH IT IN • ANY WAY. • • • • • • • • • • • • • • • 05/07/2002 10:57 8183529104 INTERIOR DEMOLITT"" PAGE 04 ' Q 105'in/2002 14:48 FAX Lad uu4 RANGER INSURANCE COMPANY ADDITIONAL INSURED ENDORSEMENT • This endorsement forms a part of the policy to which attached, effective ou the;inception date of the policy unless otherwise stated hernia. (The following information is required only!when. this endorsement is issued subsequent to preparation of policy). Endorsewernt>ffective Date 4• ,24 i 02 Memel insured Pollc1 Number To INC. TCFO 1.14909 6708 FOOTHILL BLVD • SUITE 106 Policy Effe, tive Date • TEL UNGA, CA 91.042 6/04/01 • Policy Ex iration Date 6/04 02 $ta- Countersigned by • (Authorized Representative) it is agreed that: • The "Persons Insured' provision is amended to include as an ADDITIONAL INS>!JP Dthe person or organization named below, but solely with respect to liability arising out of operations performed For such ADDITIONAL INSURED by or on behalf of the NAMED INSURED. • • • Name of Person or Organization(Additional Insured) (1)11E CtIY, ]1S DIRIEL"C16, CEFTCIA[S, s IMAM, At NIS MI a narti ailL IrE CCVERID AS Arill FIL INSLVEC6 tam ITT'm TEE cim8:14, OPREOM4, MINEIMICE, ` MUM CR MUM m CF'AN MID Citif1), Y.FAS D, HE CR MEM BY 1FE ENWACiat CCt Rai 7iai mE ailliVCER resErNsn 'F: AND (2) 'I}•F INIRWE CREWE 3ieLL BE BMW BE AS FESE= ' • ari, umiatsg,.CFE C, S, CI YE S, MUMS, ACAM AI,Ut7iI S CR Ip , SiVirii S rN AN tl 1 CI:iA]N CF l S Cl'TIE Q S nial0 INHILuz ccmERVE. ANL IMPART CR DSRAINXE 144111 AA*A BY'RE 01111Y, ITS , ctrinfitS, OFFINS, MOM, Ai AtTJ MIMES SIAM EE WES CF aTlli 'S lama 41mD S4WL NOT EE MUD D LET TO CallEME IT IN ANY 4Y. H CANCELI..ATION:houkl the above described policy be cancelled before the expiration date thereof, the issuing Company will endeavor to mail 30 days writteo notice, except for Non-Payment of Presniuv and than 10 days will be given, to the above named ADDITIONAL INS"UREDbut failure.to mail such notice shall impose no obligation or liability of any kind upon the comPenY• • Nothing in this endorsement shall be held to vary, alter, waive or sxterid any of the terms, conditions, agreements or limitations of this policy other than as above stated. Nothing elsewhere in this policy shall be held to vary, alter,waive or limit the terms, conditions,agreements or Limitations of this endorsement. I CCIA-01-CC'7430.1PD(12:98 • lad R2002p$p31/1$2661 • - A'CORD CERTIFICAT 3F LIABILITY INSURE CE 04/23/2002 PRODUCER (626)584-3040 FAX (626)795-4881 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hayward Tilton & Rol app ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR License #0614365 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 25529 Anaheim, CA 92825-5529 INSURERS AFFORDING COVERAGE INSURED INSURER& Royal Surplus Lines Ins Co Interior Demolition Inc. INSURER B: Attn: Maria Molina INSURER C: 6708 Foothill Blvd, Ste. 106 INSURER D: Tujlunga, CA 91042 INSURER E: 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. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY KZB518971 12/23/2001 12/23/2002 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 50,000 CLAIMS MADE X OCCUR MED EXP(My one person) $ 5,000 A X BI/PD DED $2500 PERSONAL&ADVINJURY $ 1,000,000 Per Claim GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 nPOLICY n 78- n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ • — HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) • PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ nOCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH-4 WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ • OTHER DESCRIPTION OF OPERATIONS!LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: 355 Campus Drive Project #: 2855032 Demolition & Asbestos Abatement Additional Endorsement CG2010 Attached with respects to General Liability. 10 Day Cancellation Notice Issued for Non-Payment of Premium.** CERTIFICATE HOLDER X I ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Arcadia 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Tim Kel 1 ener BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 240 West Huntington OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Arcadia, CA 91007 AUTHORIZED REPRESENT& E / 7%? i' ear G%/G' . ACORD 25-S(7/97) ©ACORD CORPORATION 1988 • - Policy Number: KZB518971 COMMERCIAL GENERAL LIABILITY Named Insured: Interior Demolition Inc. CG 20 10 03 99 A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Arcadia,its directors,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 ongoing operations performed for that insured. Such insurance as is afforded by this endorsement for the Additional Insureds, shown in the schedule, shall apply as primary insurance. Any other insurance maintained by the Additional Insured(s)or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement, except in the event of sole or contributory negligence on the part of the Additional Insureds. CG 20 10 03 99 a Copyright,Insurance Services Office,Inc., 1996 Page 1 of 1 - . b - - P.O BOX 420807, SAN;FRANGISCO ;CA 94142 0807 _ •- ' OMPEN.SATIQJV' ,} V N' CERTIFICATE OF.WORKERS' COMPENSATION INSURANCE- , .1672409 02 ":: AF?RIL 29, 2002 - • POLICYNUMBER•._- 7 ' CERTIFICATE.EXPIRES:. , 6-4 02 . "- CITY OF_ARCADIA :; ATTN. TIM KELLENER •- 2`40`, W HUtIGTINGTON:. ARCADIA 'CA 41007 .- JOB: 355. CAMPUS-DR PROJECT, #2855032 • L :' • 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 isnot subject to cancellation by the Fund except upon)t n days'advance-written notice to the employer. 30 ..-........ . We will also give younN>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,s subject to all the terms exclusions::and conditions of such policies- - =.77." .... ‘Z=-02-v--,2,-,:.-----,' : -• --- -. • •--, ii.' :' . _ AUTf-IORE IZD'REPRESENTATIVE: ++ PRESIDENT• . .". •EMPLOYERS LIABILITY LIMIT' INCLUDING_DEFENSE COSTS: $1,.000;000. PER OCCURRENCE ,... ENDORSEMENT.#0015• ENTITLED ADDITIONAL'INSURED EMPLOYER EFFECTIVE ` - _ 04/29/02 IS .ATTACHED TO'=AND=`-FORMS• A .FART OF:'THIS. POLICY. NAME OF ADDITIONAL INSURED. CITY OF•ARCAD'IA- -- ENDORSEMENT #2065:ENTITLED CERTIFICATE:HOLDERS NOTICE. EFFECTIVE 0-1741•.,-1';:.0- '':11-:S,:4-.2 -T;f=ACHED-TO :AND•=FORMS".-A PART OF.-THIS=:<POLICY. - - t: d t 6. 't.+ r .' '+. _ - I ' 1. r .. 1 St T>>.. ... �, .r" 'EMPLOYER - h f• JG t L - INTERIOR DEMOLITION INC ', ,"�. '.--,, ;. 6708 FOOTHILL BLVD STE 106 '6 TU3UNGA CA<, '91:041 n- ".�k , : 1 E Z n . ,: v M1 THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND SCIF10262(REV.5.01) { �._ i PREMIUM BASED ON FIr- CONTRACT PRICE d Number: 3SM 046 409 00 • ; , � ~amium: $170.00 EXHIBIT"C" PERFORMANCE BOND WHEREAS the CITY OP ARCADIA (also herein "Obligee") has 'awarded to Interior DmolitioA (hereinafter"Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the Demolition of the City of Arcadia Old Historical Museum Building Project and all other required structures and facilities within the rights-of-way, easements and permits; • WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter the"Public Work Contract"); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, - NOW, THEREFORE, we Interior Demolition : _. • _ _ the undersigned Contractor, as • Principal. and $ Y• • ; ;:► �r ,.__�._, a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of • the State of California, as Surety, are held and firmly bound unto the CITY OF ARCADIA in the sum of • Ei:ht Thousand Five Hundred And o Its_ dollars, $B,5on-no said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,Jointly and severally,firmly by these presents. THE CONDITION OF THiS OBLIGATION iS SUCH, that If the Principal, • his or its heirs, executors,administrators, successors or assigns, shell in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements In the said Public/Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and In the manner therein specified, and in all respects according to their Intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, Its officers and agents, as stipulated in the said Public Work Contract.then this obligation shall become null and void; otherwise it shall be and • remain in full force and effect. in the event legal action is required .to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys'fees In addition to court costs, necessary disbursements, and other damages, Sbott Focht Construction Contract • Page 3' 61.0/M0 d 8 l: lZ (03M)Z00Z-trZ-ado • In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. • The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed there under, or the specifications accompanying the same shall In any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 25111 day of April , 2002. • Interior Demolition PrinclpallC tractor By: r1✓ Press nt YI R 4.,':M0T0. T i s►� I lANY Surety �-�� .. Attome=in- act George IYtunana The rate of premium on this bond is $20 per thousand. The total amount of premium charged, S 170.o0 (The above must be filled in by corporate surety.) Short Form Construction Contract Pt+gc 1? 6 10/600 'd 61.: 2 (03M)Z00Z-17Z-tides • I . e ) , LCAWWIA All -MOS Attc.W WLED IVIRW OM . State of California County Of Los Angeles On ?"r� 2 5 o C. Clarkson Notary Public NAME TITLE OF OFFICER personally appeared George Munana NAME OF SIGNER Personally known to me - OR -❑ proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their c.cLAR�soN signatures) on the instrument the person(s), or the wr � Ct7A1lF,A•�k1338S68 3, Notary PubHc•Californla i entity upon behalf of which the person(s) acted, '�:�:��► LOS ANGELES CpUNTY ma fly Comm.Exp.Jan 10,2006 executed the instrument. WITNESS m hand and official seal. 4 ± /16--g - ATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT O INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) 111 LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR O OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company American Manufacturers Mutual Insurance Company SIGNER OTHER THAN NAMED ABOVE Lumbermen Mutual Casualty Company Lou Jones & Associates • • t' ', Bond Numb; } 3SM 046 409 00 EXHIBIT"D" • •• PAYMENT(MATERIAL& LABOR) BOND . • WHEREAS the CITY OF ARCADIA (hereinafter "Obligee") has awarded • to Interior Demolition (hereinafter"Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment; services, and incidentals for the Demolition of the City of Arcadia Old Historical Museum Building Project and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor Is more particularly set forth In that certain contract for the said Public Work dated 2002 _, (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to furnish a bond In connection with said Public Work Contract providing that if said Contractor or any of his or Its subcontractors shall fall to pay for any materials, provisions, or other supplies, or terms. used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 32.48 of the California Civil Code, with respect to such work or labor. that-the Surety on this bond will pay the same together with a reasonable attomey's fee In case suit Is brought on the bond. NOW, THEREFORE, we Interior Demolition , the undersigned Contractor, as Principal and RIC j MOTORISTS INSUL$„AN COMPANY corporation organized and existing under the laws of the State of Illinois and duly authorized to transact business under the • we of the State of California, as Surety. are held and firmly bound unto the CITY OF ARCADIA and to any and all material men, persons, companies or corporations furnish- ,, ing materials, provisions,and other supplies used in, upon,for or about the performance of the said Public Work, end all persons, companies or corporations renting or hiring • teams, or implements or machinery,•for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of Eight Thousand Five Hundred and No 0dollars $ 8,500.01 , said sum being not less than 100% of the fi0 total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, We bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that If the Principal, • his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in. upon, short Form Cottetruotioa Coldract P ago 36 • 6 l0/01.0 'd 6 l: lZ (0JM)Z00Z-P -ddb' • • for or about the performance of the Work contracted to • thereon of any kind, or Pali to be done, or for work or lobar Section 3181, or amounts due undee any Unem persons named in California Civil Cade Work or labor performed by any such claimant,yorefor Insurance Code with respect to be •• deducted, withheld, and paid over to the Employment Develoamounts e ammo to torn • the wages of employees Of the contractor and his subcontractors u 13020 of the Unemployment insurance Code with respect to such work Department from all other applicable laws of the Star® of California and rules and Pursuant to Section agencies, then said Surety will pay the same in or to an amount not eXeeand labor, and regulations of its specified herein. edJng the sum In case legal action is required to enforce the provisions of this bond, • prevailing party shall be entitled to recover reasonable attorneys• feeS in add t ondto 9 court costs, necessary disbursements and other consequential damages. In addition to provisions hereinabove, it is agreed that this bond will Inure to the benefit of any and a all persons, companies and corporations entitled to make claims under Sections 311 . 3711, 3112 and 3181 of the Callfomla Civil Coda, so as to give a right of action to them or their assigns In any suit brought upon this bond_ The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions la the terms of the said Public Work Contract or to the Work to be performed there under or the specification accompanying the same shall In any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. iN WITNESS WHEREOF we haVe hereto set our hands and seals this ' 25th .day of` April • — -��• 2002. Interior Demolition Prin a ilCantraatar ^~- By: 424L___.t —`"_- AMERICAN MOTORISTS IN URANC_ Co r•ANy Surety ' aiiii_ ii_..o, iiiiii&r rie(,/ - Attorneytn.pact George Munana - - • Shan Fora,l.onstruetiot Contract Pape 37 l3/L l0'd 61: 13 (031n)i�303-P3-add • - • b r t. �CALTEMNIA AI*.I:PUR ,01 O l I L'Pl7YI r Fx ' $ it r J i i V' / a r D W S n..-:.�..�..:;..w_.r,�..w�.x.. .�.anm:�.a. �x.c.,..�.E...��......ti:s.w,.. a..r1,».U,a��re.a.v�uan.6J..,.uw�ua:;,!;.ru?..,-h.`.!:•:..n ...1.rrr,,.�x..�.�w rx..i:' a..1, ,. sr.,.> . ..x..>..4 w ti sxiG.. ..)„ State of California County of Los Angeles On AN 2 5 Nie. C. Clarkson Notary Public NAME TITLE OF OFFICER personally appeared George Munana NAME OF SIGNER Personally known to me - OR -❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their .CLARKSOPJ signature(s) on the instrument the person(s), or the = Notary P. Ijc.Ca sa m entity upon behalf of which the person(s) acted, co 'fir;. Notary Public-California N w 1 ?Xt LOS ANGLES COUNTY executed the instrument. My Comm.Exp.Jan 10,2006 WIT ESS m and and official seal. c ya Mr ( IGNAT •E C NOTA•Y) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL n CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) 0 LIMITED ❑ GENERAL NUMBER OF PAGES • ATTORNEY-IN-FACT O TRUSTEE(S) n GUARDIAN/CONSERVATOR O OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company American Manufacturers Mutual Insurance Company SIGNER OTHER THAN NAMED ABOVE Lumbermens Mutual Casualty Company Lou Jones & Associates •. .. POWER OF, ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do hereby appoint Michael E Cundiff , George Munana ,.Raymond E Gail , David Z. Noddle , Susan E Morales , Christina A. Clarkson and KeAna D. Conrad of Los Angeles , CA (EACH) their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: vim Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint a9ents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their'appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." - . FK 09 75 (Ed. 09 01) - Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this December 21, 2001. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company a 4 4. �L bi I II I ' CORPOSATI Y. ,,,ryryryggg AR�LLIROIS !LI w " . SEAL COlPORAMM Ilk Ai o m�'0� r 4O°v aO•° • 4:10 K.Conway, Corpor a Secretary Gary J. Iy, nior Vice Pres' t STATE OF ILLINOIS SS - - COUNTY OF LAKE SS I, Maria I. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual CagEalty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. • °OFFICIAL SEAL" ? ,i .Q Cirri C/2.4.. MARIA I.OMORI NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION SORES 9/17 2403 Maria I. Omori, Notary Public My commission expires 9-17-03 CERTIFICATION I, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated December 21, 2001 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insuran ompany, and the American Manufacturers Mutual Insurance Company on this 'day ofAj°"'? 2 5 4UUL , 20 1 61 0 nn �,CORPOSATE 4u AR ILUROIS $ , UWfl7INOTFD 3 + SEAL 2 y COOPORATIOM g urluw . a• `°.)oWS' 6y'�Wr `� `0'B OW. Joh d onway, Corporate cretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 FK 09 75 (Ed. 09 01) ' Page 2 of 2' _ Printed in U.S.A.