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ORIGINAL
CITY OF ARCADIA
SHORT -FORM CONSTRUCTION CONTRACT
BICENTENNIAL PARK REHABILITATION PROJECT
1. PARTIES AND DATE.
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This Contract is made and entered into this30 t" day of VM ,h , 2005
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 91066 -6021 ( "City ") and ORTCO, Inc a California Corporation with its principal i
place of business at 2163 N. Glassell Ave. Orange, CA 92865 ( "Contractor "). City and Il
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.
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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 removal,
disposal and replacement of park equipment 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 is familiar with the plans of City.
2.3 Proiect. City desires to engage Contractor to render such services for the
Bicentennial Park Rehabilitation Project ( "Project ") as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, Performance Bond, Payment Bond, Insurance Document and other
certification 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: Performance Bond, Payment Bond,
Insurance Document and other certification.
3.2 Contractor's Basic Obligation; Scone 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 thirty 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 ($250.00) per day 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, its employees and subcontractors have all licenses, permits,
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qualifications and approvals of whatever nature that are legally required to perform the Work,
including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Contract. As provided for in the indemnification provisions of this
Contract, Contractor shall perform, at its own cost and expense and without reimbursement from
the City, any work necessary to correct errors or omissions which are caused by the Contractor's
failure to comply with the standard of care provided for herein. Any employee who is
determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the
Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the
City, shall be promptly removed from the Project by the Contractor and shall not be re- employed
on the Work.
3.6 Control and Payment of Subordinates: Contractual Relationship. City retains
Contractor on an independent contractor basis and Contractor is not an employee of City. Any
additional personnel performing the work governed by this Contract on behalf of Contractor
shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all
wages, salaries, and other amounts due such personnel in connection with their performance
under this Contract and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.
3.7 City's Basic Obligation. City 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 City 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.
3.8 Compensation and Payment.
3.8.1 Amount of Compensation. As consideration for performance of the Work
required herein, City agrees to pay Contractor the Total Contract Price of Twenty Seven
Thousand Thirty Six Dollars and Eighty Cents ($27,036.80) ( "Total Contract Price ") provided
that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract
or written change orders approved and signed in advance by the City.
3.8.2 Payment of Compensation. If the Work is scheduled for completion in
thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon
completion and approval by City of the Work. If the Work is scheduled for completion in more
than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for
herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an
itemized application for payment in the format supplied by the City indicating the amount of
Work completed since commencement of the Work or since the last progress payment. These
applications shall be supported by evidence 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.
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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 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.
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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 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 Pat Malloy, Public Works
Services Director 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
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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 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
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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' /All 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 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
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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.
3.16.4 Builders' /All Risk Policy Requirements. The builders' /all 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
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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.
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
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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:VIII 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 Safi*. 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 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
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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 to 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.
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
therefrom. 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. While Contractor will not 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
11
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 Underground Utility Facilities. To the extent required by Section 4215 of the
California Government Code, City shall compensate Contractor for the costs o£ (1) locating and
repairing damage to underground utility facilities not caused by the failure 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 Prevailing Wages. Not Applicable
3.26 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable
craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California
Labor Code with respect to the employment of properly registered apprentices upon public
works. The primary responsibility for compliance with said section for all apprenticeable
occupations shall be with Contractor.
3.27 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.
3.28 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.
12
3.29 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.
3.30 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.
3.31 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.
3.32 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 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.
3.33 Notices. All notices hereunder and communications regarding interpretation 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:
Citv
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066 -6021
Attn: Rafael Fajardo
Project Engineer
Contractor
ORTCO, INC.
2163 N. Glassell Ave.
Orange, CA 92865
Attn: Lynn Alan Ortlieb
President
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.
13
i,.. •;.
3.34 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.
3.35 Time of Essence. Time is of the essence in the performance of this Contract.
3.36 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.
3.37 Governing Law. This Contract shall be governed by the laws of the State of
California. Venue shall be in Los Angeles County.
3.38 Counterparts. This Contract may be executed in counterparts, each of which shall
constitute an original.
3.39 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.
3.40 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.
3.41 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.
3.42 Prohibited Interests.
3.42.1 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.
3.42.2 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 therefrom.
14
.2
• •
3.43 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]
15
CITY OF ARCADIA
By: 1l/awas
William R. Kelly Date
City Manager
AT E T:
T3 2j
City Clerk Date
APPROVED AS TO FORM:
�t 4 P.
6
City Attorney
16
ORTCO, INC
By:
Lynn Alan Ortlieb
President
bsl(CR5 6 cGt 031
Classification of Contractor's License
Pat Malloy
Public Works ervices Director
• 0
EXHIBIT "A"
PLANS AND SPECIFICATIONS
The following plans and specifications are incorporated into this Contract herein
by this reference:
PART 7 — PLAYGROUND EQUIPMENT
700 - Playground Equipment
Removal of existing playground equipment shall be made in its entirety. No portion of
the existing equipment shall be left in place. All equipment foundations shall be
removed. Any existing sand, contaminated with underlying soil, as a result of removal
operations, shall be removed from the site and replaced at the Contractor's expense. All
removed equipment, foundations, and sand shall become the property of the contractor
and shall be disposed of at his expense. The cost of removal of playground equipment,
foundations, and other obstructions shall be included in the lump sum price for removal
of Playground Equipment at each park.
Contractor shall furnish "Miracle Playground Equipment" for Bicentennial Park. The
equipment shall be that as specified on the drawings. No substitutions to the
manufacture shall be made. No substitutions of components of the manufacture's
equipment shall be made without the written approval of the Engineer.
Equipment Color shall be as attached pictured.
Contractor shall furnish one copy of the manufacture's installation instructions to the
engineer prior to the commencement of work.
Installation of equipment shall be done in strict accordance to the manufacture's
installation instructions. Contractor shall lay -out location of equipment such that there
clearances meet the safety requirements outlined in ASTM Standard Consumer Safety
Specification for Playground Equipment for Public Use.
Any damage to the new or existing equipment shall be repaired by the contractor at his
expense All repairs shall be approved by the Engineer.
Contractor shall relocate existing one -bay arch swing. Contractor shall be responsible
for any damage to the existing one -bay arch swing at the time of relocation.
RVPUBW GSl557201 A -1
OT2TC), ( N G.
L aewse #657695
2163 N. r,LasseLL flue.
Orawge, cat 92865
NAME /ADDRESS
CITY OF ARCADIA
P.O. BOX 60021
ARCADIA,CA 91066 -6021
QL/t OTE
DATE
G,I.IOTE #
12/14/2004
2004 417
S 1 C, NATURE
PRDj ECT
BICENTENNIAL PARK
ITEM
DESCRIPTION
aT'
COST
TOTAL
INSTALL
DEMO, RELOCATION OF SWINGS,
8,395.50
8,395.50
EXCAVATION, CURBING, RUBBER PREP,
REUSE OF EXISTING SAND, INSTALLATION
OF BIKE RACK AND INSTALLATION OF
MIRACLE RECREATION EQUIPMENT
(REFER TO ORTCO QUOTE# 2004 -261)
RUBBER
SUPPLY AND INSTALL 773 SF OF RUBBER
8,877.94
8,877.94
SURFACING INCLUDING INSURANCE COSTS
(REFER TO TOTTURF QUOTE #04- 01462)
EQUIPMENT
SUPPLY TOTS CHOICE CUSTOM SYSTEM, AND
'THE WAVE" BIKE RACK, SHIPPING AND TAX
9,763.36
9,763.36
INCLUDED
(REFER TO MIRACLE QUOTE #13067)
TOTAL $27,036.80
S 1 C, NATURE
AdL
AN
21' -6"
29' -11 "
RELDCATED SWINGS
W OPN HNDRL
CUM 007
S
36'
TRANSFER PA GE
NT 718-750-5
718 -585 -358 ATA
778— 908
OFSaARE 30 P- 1 11 SQUARE RD— SHINGLE
718 -881 -4
ROOF— SHINGLE
718 -881 -4
TYPHOON M
SIDE —BY —SIDE 3• 51 SLOE
SLID
DECK DECK 718-870 -5
718 -700 }W2 -9
ARM& LADDER WALL W/
718 -815 -3 718 -900
STORE FRON
(BELOW DE
719 -713-
36' -4
Rubber Area = 773 Sq.ft.
Turndown Curb = 65
MIRA,9� BICENTENNIAL PARK
• - 0 CITY OF ARCADIA I MIRACLE PLAYGROUND SALES OF SOUTHERNOALIFORNIA
0 780 S. VAN BUREN, SUITE G egg
PLACENTIq CA 92870
rNI Iq tanato-Tew
ia�j— NA WR MIRACLE
im ' Playgmnd mm 8-20-04 em
Auk Adh
EXHIBIT "B"
SPECIAL CONDITIONS
Contractor shall execute and provide to City concurrently with this Contract:
Payment Bond
Performance Bond
RVPUB%G51557201
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT PRICE
•
PERFORMANCE BOND
•
Bond No. 661112505
One of Three Originals.
WHEREAS the CITY OF ARCADIA (also herein "Obligee ") has awarded to
ORTCO, Inc„ (hereinafter "Contractor"), a contract for work consisting of but not limited to,
furnishing all labor, materials, tools, equipment, services, and incidentals for the
construction of the Bicentennial Paris Rehabilitation 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 Short-Form Construction contract for the said Public Work,
(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 Ortco, Inc.
the undersigned Contractor, as
Principal, and Lincoln General Insurance Company a
corporation organized and existing under the laws of the State of
Pennsylvania , and duly authorized to transact business under the laws of the
State Of California, as are held and firmly bound unto the CITY OF ARCADIA in the
sum of Twenty Seven Thousand Thirty Six Dollars and Eighty Cents ($27,036.80), 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, shall 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 taithfully 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' tees in addition to court
costs, necessary disbursements, and other damages.
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
0.VV1'A',f,R01x''�fn PERFORMANCE BOND -1 Ub- S I K i E& We nL(mu) (z.uuo)
0
or to the Work to be performed thereunder, 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 4th
day on February 2005•
Ortco, Inc.
Principal /Contr or _
By.
P sident
Lincoln General Insurance Company;"
Surety
f
Y: a124
Attor &y-in-Fa c , nay spohn %_ .�
2.
---- _-------
The rate of premium on this bond is $2 per thousand,
The total amount of premium charged, $ 676.00
(The above must be filled in by corporate surety.)
NVPII➢HIIU)Z62370 PERFORMANCE BOND -2 cn srnre&iocnl.�610)(7rze,01)
0 9
STATE OF CALIFORNIA )
ss.
COUNTY OF
On this — day of , in the year before me,
a Notary Public in and for said state,
personally appeared known to me
(or proved to be on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument as the Attorney -in -Fact of the
(surety) and acknowledged to me that he
subscribed the name of the (surety)
thereto and his own name as
ey -in -Fact.
Notary Public in and for said State
(SEAL)
My Commission expires
RVPI IfAPR f"51:0,1
PERFORMANCE BOND - 3 911 ^ "ri:k un n1.Innn namoo
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
f n — I ss.
County of �1C. - ___
On 3� )�{_llJ�j before me,
Ogle
personally appeared
R
y�ersonally known to me
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 helshe /they executed
the same in his/her /their authorized
capacity(ies), and that by his/her /their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
P,, Notary- Seal 4bovn o S neWlee Iary VUbli,
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attache
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capactty(ies) Claimed by Sign�{
Signer's Name: - _____ - _ _-
0 ,
Individual II ❑,n of Irpin,n Here
yCorporate Officer — Title(sfLld.+t�T
Partner I_i Limited :1 General
._i Attorney in Fact
i 1 Trustee
i Guardian or Conservator
i Other: — - - -- - -- - -- - - -- -.
Signer Is Representing:
0 1999 Naurn,a' NIA, ASVniallcn• 9 3ODeSOAVe.,PO. BOO P4lV- C.a6vmrttr. CA 919132402- w ral Onelnnlnry wp P:M NO SM] RenUar Call ldb Fen AM Mfi fiPP
•
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
of CALIFORNIA
0
County of ORANGE (�
On W —oe j w — V • before me. T. Cox, NOTARY PUBLIC ,
appeared RANDY SPOHN ,
® personally (mown to me -OR- ❑
T. COX
fflw� COMM...1433359 m
U NOTARY PU2l1"AllRORNIA
m ORMOECOUNTY
My Term UP. August 2.2007
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 signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument
WITNESS my hand and official seal.
Signature of Notary
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 CLAUKED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LEMMI)
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
PAYMENT (MATERIAL & LABOR) BOND Bond No. 661112505
WHEREAS the CITY OF ARCADIA (hereinafter "Obligee ") has awarded to
ORTCO, Inc., (hereinafter "Contractor"), a contract far work consisting of but not limited to,
furnishing all labor, materials, tools, equipment, services, and incidentals for the
construction of the Bicentennial Park Rehabilitation 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 Short-Form Construction contract for the said Public Work,
(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 fail 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 3248 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 attorney's fee in case suit is brought on the
bond.
NOW, THEREFORE, we—, Ortco, Inc.
the undersigned Contractor, as Principal
and Lincoln General Insurance Company a corporation
organized and existing under the laws of the State of _Pennsylvania
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 and to any and all material
men, persons, companies or corporations furnishing materials, provisions, and other
supplies used in, upon, for or about the performance of the said Public Work, and 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 Twenty Seven Thousand Thirty Six Dollars and Eighty
Cents ($27,036.80), said sum being not less than 100% of the total amount payable by
said Obligee under the terms of the said Public Work Contract, forwhich 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, foror about the
performance of the Work contracted to be done, or for work or labor thereon of any kind, or
fail to pay any of the persons named in California Civil Code Section 3181, or amounts due
under the Unemployment Insurance Code with respect to work or labor performed by any
such claimant, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the contractor and
M.I. nnuM.+Jouzo PAYMENT BOND - 1 Ou.si Ares u¢:A (62Q )(7i2-1=)
his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, and all other applicable laws of the State of California and
rules and regulations of its agencies, then said Surety will paythe same in orto an amount
not exceeding the sum specified herein,
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. In addition to the
provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all
persons, companies and corporations entitled to make claims under Sections 3110, 3111,
3112 and 3181 of the California Civil Code, 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 to the terms of the said Public Work
Contract or to the Work to be performed thereunder orthe 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 4th
day on _., . „ February 2005. - -
Ortco, Inc.
Principal /Contracto
By
Pre ' ent
Lincoln General Insurance
Surety
By:
Attor ey -in -Fa nay
V V 1'i $1M D1y7tWll
PAYMENT BOND -2 414 - SIA11 %514)(Al.1620)(P1VIYp
STATE OF CALIFORNIA )
COUNTY OF
On this _ day of _,_.... _ in the year
before me, a Notary Public in and
for said state, personally appeared _
known to me (or proved to be on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument as the Attorney -in -Fact of the
(surety) and acknowledged to me that he
subscribed the name of the _ (surety) thereto and his
own name as Attorney -in -Fact.
Notary Public in and for said State
(SEAL)
My Commission Expires
itvrcrr.ogrn;'r�u''" PAYMENT BOND -3 Qb- TAI 6 & LOCAL kn:n)('/+_+VID,
CERTIFICATE AS TO CORPORATE PRINCIPAL
I,
6winC4 0eentif, certify that I am the
Secrets of the corporation named as principal in the attached bond,
that 7 u who signed the said bond on behalf of
the principal w s then ,n1An of said corporation;
that I know his signature, and his signature thereto is genuine; and that said bond was duly
signed, sealed and attested for and in behalf of said corporation by authority of its
governing Board.
;.(Corporate Seal)
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
RVIlk PARIP370)"'' PAYMENT BOND -4 nu- sI A I r:& LOCA 1.(8'0) (WN100)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
11
County of nO�RRAN(G�E/� /j{�r
On I XJ)— I /' 1 — ow ✓ before me T. Coa, NOTARY PUBLIC ,
onally appeared RANDY SPOHN
® 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/shelthey executed the same in his/her /their
authorized capacity(ies), and that by his/her /their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
T. COX person(s) acted, executed the instrument
F COMM...1433359
NOTARY PUSUO-CAUFORMA —I
m ORANGE COUNTY O WITNESS my hand and official seal.
my Term Eq. August 2, 2007
(�tA.e06
Signature of Notary
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
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY -IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENITMIES)
DESCRIPTION OF ATTACHED DOCUMENT
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL HEN BY THESE PRESENTS: 719 Lincoln General insurance Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and anoint
Randy Spohn
its true and lawful attomey(s )-in-fbct to sign, seal sad execute for and on its behalf; as surety; bonds, undertakings, and other
obligatory instruments of similar nature in an amount not to exceed Three Milieus Dollars ($3,000,000) and to bind it thereby as
folly and to the same extent as if such Instruments were signed by a duly authorized officer of the corporation, and all the acts of
said Attorney, Pursuant to the authority hereby given am hereby ratified and confined.
RESOLVED that this Power of Attorney Is granted and is signed, sealed and notarized with fhcsumle signatures and nais under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4 ° day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Via President of the Company, together with the
Secretary or any Assisted Secretary arc hereby authorized to execute Powers of Attorney appointing the person(,) named as
Attorney(s)-in-Fact to date, execute, sign, seat and deliver on behalf of the Company, fidelity and surety bonds; undertakings, and
other similsr.contracts of suretyship, and any related documents,
RESOLVED FURTHER that the signatures of the officers making the.appoinmuen; and the signature of any officer cer hying
the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and neat
of any notary, and the seal of the Company, maybe facsimile representations of those signatures and awls, and such facsimile
representations of those signatures and seats, and such fhcsimile representations shall have the mane Borne end effect m it
manually affixed. The ihcaindle representations referred to herein maybe affixed by stamping, printing, typing, or photocopying.
IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corpora to be fixed . these presents to
be signed by its doily authorized officers this 4W day �� 2002.
. r
. INS(
Attest: r pQppligl$s" `Y� _-
Gary AndUnWdery hoJwani Pte,'
The Commonwealth of Fennsylvmiia 3 O e
York County O'. °F — 3 y�
J ••, 'wsrivp� L s
On this 4th der of S '
y eptember, 2002, before ahonellyh iau� C. Hbojvreni, to me known; who being duty ewom, did
depose and say: that he is the PreeldeaI of the CorpdY6sipW Zd in and which executed to above instrument that he knows
the seal affixed to the aforesaid instrument fie such corporate seal and was affixed thereto by order and authority of die Board of
Directors of said Company; and that be executed the said instrument by him order and authority and the same was his fire act and
deed.
The Commonwealth of Penusylvania I Caftrhns Marie Loos �j -otal
York County - Sixlrh0eaebury 7wp., ►erk
My Cc roI fen Explree June
I, Gay OrndorfT Secretary of Lincoln General Imarsoca Company, a corporation of the Commonwealth of Pennsylvania do
hereby ca* that the above and lbregoing is a fail, true and correct copy of Power of Attorney issued by said Company, and of
the whole of the original and that the said Power of Attorney is Still In full force and affect and has not been revoked, and
furthermore that the Resohition of the Board of Directors, eat forth in the said Power of Attotaey is now in face,
IN 4Wftl�SSS WHEREOP; I!have he - to set my hand and affixed the seat of said Company, at York, Pem3rAvml* this .
day of ry 2O uwnrey
– _
INS rr41
�,,Pa;........, ,
_ :2 Qp0RAre I. QiTd Secretary
3', 1977
.0=
.. *....
TERRORISM RIDER
NOTICE — FEDERAL TERRORISM INSURANCE COVERAGE
AND DISCLOSURE OF. PREMIUM
Any loss applicable I to a peril covered under this bond that Is
caused by a certified act of terrorism pursuant to the terms of
the Terrorism Risk Insurance Act of 2002 ("the Actj, will be
partially reimbursed.by the Uolted States under a formula
established by federal law. Under this formula, the United
States pays 90% of covered terrorism losses exceeding a
statutorily established deductible to the Insurance company
providing this bond. The portion of your annual premium
attributable to certified acts of terrorism under this bond Is
$0.00.
SU 0009 12 02
COVERAGE LIMITATIONS
Payment for a loss will not exceed the limit of liability under this
bond. This bond will not pay for any portion of certified
terrorism loss beyond any applicable annual liability cap set
forth in the Act. The terms of this rider do not provide coverage
for any loss that would otherwise be excluded by the terms of
this bond.
EXHIBIT "C"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et sue. of the
California Labor Code which require every employer to be insured against liability for Worker's
Compensation or to undertake self - insurance in accordance with the provisions of the Code, and
I, the undersigned Contractor, agree to and will comply with such provisions before commencing
the performance of the Work on this Contract.
C
ORTCO, INC.
Lynn Alan Ortlieb
e2
President
RVPUB \NGS \557201
C-1