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05 1442898
ZWKULD /FILED IN OFFiCIA! IZlACQig(
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
9:41 AM JUN 20 2005
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D.T.T.
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown
A THIS FORM IS NOT TO BE DUPLICATED A
RECORDING REQUESTENAWY *40
CITY OF ARCADIA 05 1442898
AND WHEN RECORDED MAIL TO
NAME PAT MALLOY, PWS DIRECTOR
CITY OF ARCADIA } /
STREET 240 WEST HUNTINGTON DR
PO BOX 60021
CITY ARCADIA, CA 91066 -6021
STATE
ZIP
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is CITY OF ARCADIA
3. The full address of the owner is 240 WEST HUNTINGTON DRIVE, ARCADIA CALIFORNIA 91007
4. The nature of the interest or estate of the owner is: In fee.
(if other than Fee, strike "In fee" an insert, for example, "purchaser under contract of purchase," or "Lessee ")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in
common are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent
to the commencement of the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on May 17, 2005. The work done was:
CITY OF ARCADIA LIBRARY DESIGN -BUILD HVAC BUILDING COMMUNICATIONS REPLACEMENT PROJECT
PROJECT #5156014
8. The names of the contractor, if any, for such work of improvement was CONTROL MANAGEMENT SYSTEMS, INC.
AUGUST 3 2004
(If no contractor for work of improvement as a whole, insert "None ") (Date of Contract)
9. The property on which said work of improvement was completed is in the City of ARCADIA.
County of LOS ANGELES, State of CA, and is described as follows: TRACT NO 6074 LOT COM AT SE COR OF LOT 1 TH W ON N
LINE OF TR NO 13856 TO A PT E THEREON 60 FT FROM SW COR OF LOT 9 TH N TO SE LINE OF DUARTE RD TH NE ... SEE
MAPBOOK FOR MISSING PORTION ... LOT 3 CITY OF ARCADIA COUNTY OF LOS ANGELES. STATE OF CALIFORNIA.
10. The street address of said property is 56 W DUARTE ROAD
(If no street address has been officially assigned, insert "None ".)
Dated MAY 25.2005
Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent
WILLIAM R. KELLY, CITY MANAGER
VERIFICATION
I, the undersigned, say: I am the City of Arcadia Public Works Services Director the declarant of the foregoing Notice of Completion;
(President of, Manager of, Partner of, Owner of, etc.)
I have read said Notice of Completion and know the contents thereof; the same is true to my knowledge, I declare under penalty of
perjury that the foregoing is true and correct.
Executed on MAY 25, 2005, ARCADIA, CALIFOIR .
Personal signature of the ifidividual who i!; swearing that the contents of the Notice of Completion are
PAT MALLOY. PUBLIC WORKS SERVICES DIRECTOR
DO NOT RECORD
REQUIREMENT AS TO NOTICE OF COMPLETION
Notice of completion must be filed for record WITHIN 10 DAYS after the completion of the work of
improvement (to be computed exclusive of the day of completion) as provided in Civil Code Section
3093.
The "owner" who must file for record a notice of completion of a building or other work of
improvement means the owner (or his successor in- interest at the date the notice is filed) on whose
behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner
in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has
succeeded to his interest at the date the notice is filed, must file the notice.
If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be '
signed by any one of the co- owners (in fact, the foregoing form is designed for giving of the notice by
only one co- tenant), but the names and addresses of the other co- owners must be stated in paragraph 5 ,
of the form.
Note that any Notice of Completion signed by a successor in interest shall recite the names and
addresses of his transferor or transferors.
In paragraphs 3, 5 and 6, the full address called for should include street number, city, county and
state.
As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the
work of improvement as a whole. If the notice is to be given only of completion of a particular contract,
where the work of improvement is made pursuant to two or more original contracts, then this form must
be modified as follows: (1) Strike the works "A work of improvement" from paragraph 7 and insert a
general statement of the kind of work done or materials furnished pursuant to such contract (e.g., "The
foundation for the improvements "); (2) Insert the name of the contractor under the particular contract in
paragraph 8.
In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a
whole. No contractor's name need be given if there is no general contractor, e.g. on so- called "owner -
builder jobs."
In paragraph 9, insert the full, legal description, not merely a street address or tax description.
Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider
may be attached.
In paragraph 10, show the street address, if any, assigned to the property by any competent public
or governmental authority.
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D
(PROJECT NO. 5156014)
CONTRACT FOR THE
CITY OF ARCADIA
LIBRARY DESIGN -BUILD
HVAC BUILDING COMMUNICATIONS REPLACEMENT
PROJECT #5156014
1. PARTIES AND DATE.
This Contract is made and entered into this day of G35 2004, by and
between the CITY OF ARCADIA (hereinafter called the "Owner") and CONIPROL MANAGEMENT
SYSTEM, INC. (hereinafter called the "Contractor").
2. RECITALS.
2.1 The Owner is a charter City organized under the laws of the State of California, with
power to contract for services necessary to achieve its purpose;
2.2 Contractor, in response to a Notice Inviting Bids issued by Owner on January 20,
2004, has submitted a bid proposal for the Library Design -Build HVAC Building
Communications Replacement project described in the Contract.
2.3 Owner has duly opened and considered the Contractor's bid proposal, and duly
awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid
Documents, and has given written notice to Contractor on April 7, 2004.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance and
Payment Bonds and evidences of insurance coverage as required by the Contract.
3. TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference the following documents,
including all exhibits, drawings, specifications and documents therein, and attachments and
addenda thereto:
a.
Notice Inviting Bids
b.
instructions to Bidders
C.
Contract Bid Forms
d.
Contract
e.
Contract Appendix
Part "A" -
General Conditions
Part "B" -
Supplementary General Conditions
Part "C" -
Special Provisions
Part "D" -
Specifications (under separate cover)
Part "E" -
Drawings (under separate cover)
RVPUMDRM570015
CONTRACT-1 GB- STATE & LOCAL (505 /507/660)(7/]4/00)
(PROJECT NO. 5156014)
Part "F" Performance Bond
Part "G" Payment Bond
Part "H" Escrow Agreement
ADDENDUM NO. 1 dated March 1. 2004.
The above documents, including the General Conditions, are an integral part of the Contract
Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately
below acknowledging that he or she has read, understood and agrees with all of the terms of the
Contract Documents, including, but not limited to, provisions of the General Conditions relating to
indemnification, insurance, standards of performance, termination, compensation and time of the
essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any
term or provision of the Contract Documents, and agrees to strictly abide by their meaning and
intent. In the event that Contractor fails to initial below, the Owner shall have the right to
declare the Contract unexecuted and to award the Contract to another contractor in
accordance with state law.
Contractor, s Initials
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all
labor, materials, tools, equipment, services, and incidental and customary work forthe construction
of Bid Category number(s) 1 through 9 necessary to fully and adequately complete the Library
Design -Build HVAC Building Communications Replacement project, including any alternates
selected by the Owner, and all structures and facilities described in the Contract (hereinafter the
"Work "), for a total of SIXTY TWO THOUSAND SIXTY FIVE DOLLARS AND NO CENTS
($62,065.00), as specified in the Contract Bid Forms submitted by the Contractor in response to the
above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accordance
with the applicable terms of this Contract. All Work shall be subject to, and performed in
accordance with the above referenced documents.
3.3 Standard of Performance.
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner,
and consistent with the standards generally recognized as being employed by professionals in the
same discipline in the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor further represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Work, and that such licenses and approvals shall be maintained throughout the term of this
Contract.
RVPU6\DRD\570015 CONTRACT -2 OB- STATE& LOCAL (505/5071660) (7/24/00)
(PROJECT NO. 5156014)
3.4 Period of Performance.
Contractor shall perform and complete all Work under this Contract within Sixty (60)
calendar days, beginning ten (10) Calendar Days after the date on which the Letter of Award is
sent by the Owner to the Contractor. Moreover, Contractor shall perform its Work in strict
accordance with any completion schedule, construction schedule or project milestones developed
pursuant to provisions of the Contract, including but not limited the Project Schedule located in the
Specifications.
Contractor agrees that if such Work is not completed within the aforementioned period
and /or pursuant to any such completion schedule, construction schedule or project milestones
developed pursuant to provisions of the Contract, including but not limited to the Project Schedule
located in the Specifications, it is understood, acknowledged and agreed that the Owner will suffer damage.
Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated
damages the sum of Two Hundred Fifty Dollars and No Cents ($250.00) PER DAY as provided by
the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix.
3.5 Owner's Basic Obligation.
Owner agrees to engage and does hereby engage Contractor as an independent contractor
to furnish all materials and to perform all Work according to the terms and conditions herein
contained for the sum set forth above. Except as otherwise provided in the Contract, the Owner
shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the
services and obligations required by this Contract, the above referenced compensation in
accordance with compensation provisions set forth in the Contract.
3.6 Contractor's Labor Certification.
Contractor maintains that he is aware of the provisions of Section 3700 of the California
Labor Code which require every employer to be insured against liability for Worker's Compensation
or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply
with such provisions before commencing the performance of the Work. A certification form for this
purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be
executed simultaneously with this Contract.
3.7 Attorneys' Fees.
If either parry commences an action against the other party, either legal, administrative or
otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall
be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs
of such action. .
3.8 Successors.
The parties do for themselves, their heirs, executors, administrators, successors, and
assigns agree to the full performance of all of the provisions contained in this Contract. Contractor
may not either voluntarily or by action of law, assign any obligation assumed by Contractor
hereunder without the prior written consent of the Owner.
RVPUMDRD`570015 ' CONTRACT -3 Ga- STATE& LOCAL(505607I660)(712V00)
(PROJECT NO. 5156014)
3.9 Notices.
All notices hereunder and communications regarding interpretation of the terms of the
Agreement or changes thereto shall be provided by the mailing thereof by registered or certified
mail, return receipt requested, postage prepaid and addressed as follows:
Contractor
Control Management Systems, Inc.
10329 Regis Ct.
Rancho Cucamonga CA 91730
Attn: Cliff Bailey
President
Owner
Surety
VM1,
City of Arcadia
11800 Goldring Rd.
P. O. Box 60021
Arcadia, CA 91066 -6021
Attn: Pat Malloy, Public Works Services Director
Any notice so given shall be considered received by the other party three (3) days after
deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
CONTROL MANAGEMENT SYSTEMS, INC. CITY OF ARCADIA
By: E. BAILEY 6115/04 By:
Name Date William R. Kelly Date
City Manager
PRESIDENT
Title
Tax I.D. Number:
33- 1762883
Number
Contractors License
C -20
Class
771263
Number
ATTES%. IJ
City Clerk
Approved as to Form:
By:
Stephen P. Deitsch
City Attorney
RVPUBORD(570015 ` CONTRACT-4 GB - STATE& LOCAL (5051507)660)(7R4/00)