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HomeMy WebLinkAboutC-2125I IWO RECEIVED OCT 2 2006 CITY OF ARCADIA CITY CLERK 06 220879 \\,G 0 - '6 10 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 06. 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 SEPTEMBER 5. 2006. The work done was: CONSTRUCTION OF SANTA ANITA RESERVOIR NO 4, PROJECT 6272083 8. The names of the contractor, if any, for such work of improvement was SEMA CONSTRUCTION JANUARY 04, 2005 (if no contractor for work of improvement as a whole, insert "iion-T) (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: PORTION OF FRACTIONAL SECTION 16. T.1 N., R. 1 1W., S.B.B.&M, IN THE CITY OF SIERRA MADRE, COUNT OF LOS ANGELES, STATE OF CALIFORN_IA LOS ANGELES CO. ASSESSOR PARCEL #5764-002- �70 AND #5764-002-271. 10. The street address of said property is 2205 N SANTA, ANITA AVENUE (if no street address has been officially assigned, insert "None".) Dated WTU Signature of Owner or corporate officer of owner named in pari WILLIAM R. KELLY, CITY MANAGER VERIFICATION or his agent 1, the undersigned, say: I am the City of Arcadia Public Works Services Directo 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 SEPTEMBER 6. 2006, ARCADIA, CALIT:ORN IA. (Personal signature of 16e individu o is swearing that the contents of the Wo-tice of completion are PAT MALLOY, PUBLIC RKS SERVICES DIRECTOR RECORDING REQUESTED BY SW CITY OF ARCADIA 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 IWO RECEIVED OCT 2 2006 CITY OF ARCADIA CITY CLERK 06 220879 \\,G 0 - '6 10 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 06. 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 SEPTEMBER 5. 2006. The work done was: CONSTRUCTION OF SANTA ANITA RESERVOIR NO 4, PROJECT 6272083 8. The names of the contractor, if any, for such work of improvement was SEMA CONSTRUCTION JANUARY 04, 2005 (if no contractor for work of improvement as a whole, insert "iion-T) (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: PORTION OF FRACTIONAL SECTION 16. T.1 N., R. 1 1W., S.B.B.&M, IN THE CITY OF SIERRA MADRE, COUNT OF LOS ANGELES, STATE OF CALIFORN_IA LOS ANGELES CO. ASSESSOR PARCEL #5764-002- �70 AND #5764-002-271. 10. The street address of said property is 2205 N SANTA, ANITA AVENUE (if no street address has been officially assigned, insert "None".) Dated WTU Signature of Owner or corporate officer of owner named in pari WILLIAM R. KELLY, CITY MANAGER VERIFICATION or his agent 1, the undersigned, say: I am the City of Arcadia Public Works Services Directo 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 SEPTEMBER 6. 2006, ARCADIA, CALIT:ORN IA. (Personal signature of 16e individu o is swearing that the contents of the Wo-tice of completion are PAT MALLOY, PUBLIC RKS 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. state. In paragraphs 3, 5 and 6, the full address called for should include street number, city, county and 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. some This page is part of your document - DO NOT DISCARD - 00 2208799 RECORDEDIFILED iN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 8:01 AM OCT 03 2006 TITLE(S) : FEE Q.T.T. Code 00 - 00.00 Code N004 - 001 CODE 20 CODE 19 CODE 9 Grand Total = $o.00 Page Count = 1 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 - (PROJECT NO. 6272083) CONTRACT FOR THE CITY OF ARCADIA [ "INSERT PROJECT NAME `] 1. PARTIES AND DATE. 1 This Contract is made and entered into this LSk"' day of 2005, by and between the CITY OF ARCADIA (hereinafter called the "Owner ") and SEMA (hereinafter called the "Contractor "). 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 October 27, 2004, has submitted a bid proposal for construction of the SANTA ANITA RESERVOIR NO. 4 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 January 17, 2005. 2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract. TERMS. 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Special Provisions Part "D" - Specifications (under separate cover) Part "E" - Drawings (under separate cover) Part "F" - Performance Bond Part "G" - Payment Bond RVPUB\DRD1570015 CONTRACT-11 GB - STATE & LOCAL (5051507/660) (7/24100) ADDENDUM NO. ADDENDUM NO. 2 dated 11-15-04 dated 11-17-04 (PROJECT NO. 6272083) 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 riot 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. 4\ Contra s Initials 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work for the construction of Bid Category number(s) listed in Bid Schedule necessary to fully and adequately complete the construction of Santa Anita Reservoir No. 4, including any alternates selected by the Owner, and all structures and facilities described in the Contract (hereinafter the "Work "), for a total of FIVE MILLION TWO HUNDRED FIFTY FIVE THOUSAND FIVE HUNDRED FIFTY FIVE DOLLARS AND FIFTY FIVE CENTS ($5,255,555.55), as specified in the Contract Bid Forms submitted by the Contractor in response to the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable terms of this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents. 3.3 Standard of Performance. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor further represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. RVPUB\DRD\570015 CONTRACT -2 GB- STATE & LOCAL (505 /507/660)(7124/00) 3.4 Period of Performance. (PROJECT NO. 6272083) Contractor shall perform and complete all Work under this Contract within 450 Calendar ays, beginning ten (10) Calendar Days after the date on which the Letter of Award is sent by the wrier to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any mpletion schedule, construction schedule or project milestones developed pursuant to provisions 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 One Thousand Dollars, $1,000.00 PER DAY as provided by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix. Owner's Basic Obligation. Owneragrees to engage and does herebyengage Contractoras 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 forthe satisfactory performance bythe Contractorof the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 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 orto 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. 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 recoverfrom the losing party reasonable attorneys' fees and all other costs of such action. 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. RVYUBOIRM570015 CONTRACT-3 G© - STATE & LOCAL (5051507/660) (7124100) (PROJECT NO. 6272083) 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 SEMA Construction, Inc. 2 South Pointe Dr., Ste. 295 Lake Forest, CA 92630 Attn: Craig Westmann Project Manager Owner City of Arcadia 11800 Goldring Rd. P. O. Box 60021 Arcadia, CA 91066 -6021 Attn: Ken Herman Associate Civil Engineer Surety Liberty Mutual Insurance Co. c/o HRH of Colorado 200 S. Colorado Blvd, Ste. 600 Attn: Denver, Co 80246 Kevin McMa on With Copies To: RBF Consulting 14725 Alton Pkwy. P. O. Box 57057 Irvine, CA 92619 -7057 Attn: Michael Moore Senior Project Manager Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. CONTRACTOR CITY OF ARCADIA By: y: °R COO ame ­9-radleV J. ies William R. Kelly Date City Manager President Title Tax I.D. Number: 84- 1163868 Number Contractors License: 'A' Class 657770 Number RVPUB\DRM570015 ATTEST By: G �� City Clerk D to Approved as to Form: By: P 10 Stephen P. Deitsch City Attorney CONTRACT -4 G6- STATE & LOCAL (505 /507/660)(7/24/00) LN