HomeMy WebLinkAboutC-2311RECORDING REQUESTED BY
CITY OF ARCADIA
AND WHEN RECORDED MAIL TO
NAME Philip A. Wray_ City Engr.
CITY OF ARCADIA
STREET 240 WEST HUNTINGTON DR
PO BOX 60021
CITY ARCADIA, CA 91066 -6021
STATE
ZIP
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
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 FEb 5 ,20O 8 . The work done was:
Street Rehabilitation of Duarte Road
8. The names of the contractor, if any, for such work of improvement was All American Asphalt
(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: Duarte — Road- from El Monte Avenue
to the western City limit
10. The street address of said property is
Dated Feb 6 200 8
(If no streetmcldress has been offiNally assigned, insert "None ".)
f,Owner or cc r or e officer of Owner named in paragraph 2, or his agent
ip A. �a y, City Engineer
1T / :7IJ•_ •►
1, the undersigned, say: I am the _ City, En-q- ne.er - 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 Feb 6 , 200 8 at ARCADIA, CALIFORNIA. r
f th divid uaI w swearing at the, contents of the Notice of Completion are true)
lira , i_y 9ngineer
UUMOR
CONTRACT FOR THE
CITY OF ARCADIA
STREET REHABILITATION OF DUARTE ROAD
PROJECT #41854308
1. PARTIES AND DATE.
This Contract is made and entered into this day of e(2007, by and
between the CITY OF ARCADIA (hereinafter called the "Owner ") and ALL AMERICAN ASPHALT
(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 August 2007,
has submitted a bid proposal for construction the STREET REHABILITATION OF DUARTE
ROAD, Project No. 41854308, Federal Aid Project STPLMA- 5131(012) 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 October 3, 2007.
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. Federal Requirements
f. Contract Appendix
Part "A" - General Conditions
Part "B" - Supplementary General Conditions
Part "C" - Special Provisions
Part "D" - Specifications
Part "E" Drawings (under separate cove;)
RVPUB\DRD1570015 CONTRACT-1 GE - STATE & LOCAL (5051507/660) (7124100)
Part "F" Performance Bond
Part "G" Payment Bond
Part "H" Escrow Agreement for Security
Deposits (optional)
g. ADDENDUM NO. 1 dated Auoust 20, 2007.
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. ,
Cpdtf5cto 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
Project Number 41854308 necessary to fully and adequately complete STREET REHABILITATION
OF DUARTE ROAD, Project No. 41854308, Federal Aid Project STPLMA- 5131(009) including
any alternates selected by the Owner, and all structures and facilities described in the Contract
(hereinafter the "Work "), for a total of Nine Hundred Ninety Seven Thousand Two Hundred
Dollars and Zero Cents ($997,200.00) 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.
3.4 Period of Performance.
Contractor shall have ten (10) calendar days from the date of the Notice of Award to supply
the Owner with all the required documents and certifications. Upon receipt of correctly executed
documents and certifications, the Owner shall issue a Notice to Proceed. The Contractor shall
begin work within ten (10) days of the Notice to Proceed. Contractor shall perform and complete all
work under this contract within 35 calendar days from the Notice to Proceed.
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 Seven Hundred Twenty Dollars and Zero Cents ($720.00)
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 Obliclation.
Owner agrees to engage and does hereby engage Contractor as an independent contractor
to furnish all materials and to perform all Work according to the terms and conditions herein
contained for the sum set forth above. Except as otherwise provided in the Contract, the Owner
shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the
services and obligations required by this Contract, the above referenced compensation in
accordance with compensation provisions set forth in the Contract.
3.6 Contractor's Labor Certification.
Contractor maintains that he is aware of the provisions of Section 3700 of the California
Labor Code which require every employer to be insured against liability for Worker's Compensation
or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply
with such provisions before commencing the performance of the Work. A certification form for this
purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be
executed simultaneously with this Contract.
3.7 Attorneys' Fees.
If either party commences an action against the other party, either legal, administrative or
otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall
be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs
of such action.
3.8 Successors.
The parties do for themselves, their heirs, executors, administrators, successors, and
assigns agree to the full performance of all of the provisions contained in this Contract. Contractor
may not either voluntarily or by action of law, assign any obligation assumed by Contractor
hereunder without the prior written consent of the Owner.
GB- STATE &LOCAL (505 /5071660)(7 /24100)
RVPUBORD\570015 CONTRACT -3 ;
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
All American Asphalt
400 East Sixth Street
Corona CA 92878
Attn: Robert Bradley
Vice President
Owner
City of Arcadia
240 West Huntington Drive
Arcadia CA 91007
Attn: Philip A. Wray
City Engineer
Sure
c(I %Q u H . &OWA) -zu ueAw6
7gt u PAR_T--Lxn(Tt>
D lfiy�y 92Sr&V
Attn Ow
P. AOW �-)
With Copies To:
Fii89
Any notice so given shall be considered received by the other party three (3) days after
deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
CONTRACTOR
By:
me R-0 e e?.T l,g�
v(cE P&eS[D0tjr
i10M
Tax I.D. Number.
q5- aS�Soc�
Number
Contractor's License:
CITY OF ARCADIA
By:
Name
�
(04w
Title
Attest:
By:
Lisa Mus enden
Chief Deputy City Clerk
4 � e Approved as to Form: �
Class
(07 0 7 3 By:
Number Stephen P. Deitsch
City Attorney
RVruaIDRD\570015 CONTRACT -4 GB- STATE & LOCAL (505 /sov660)(7l24 /0D)
State of California
County of Riverside
ACKNVYVI -CUlom Cry r
SS.
On October 11 . 2007 before me, Brenda L Rooster Notary,
Date Name and Title of officer
Personally appeared Robert Bradley
Name(gyof signer(w
16BRENDA L. ROYSMR
Commbelon M 1700922
Notary Public - California
Riverside County
WCorrmE F 0026, 20110
OPTIONAL
X personally known to me
_- proaed- to-rr..4rr I— —is of
satmfactor7evl9eaae
to be the person*} whose name(4)
isla "ubscribed to the within instrument
and acknowledged to me that he/sna*wy
executed the same in hisRrorRMeir authorized
capacity(iesj and that by hisrherR#&
signature(4) -en the instrument the person(8}
or, the entity upon behalf of which the person(#t
acted, executed the instrument.
WIT p /HESS my harm / and offi - I s
Signature of Notary Public
Though the intormation 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 Attached Document
Title or.Type of Document: Contract — City of Arcadia
Document Date: October 11 2007
Signer(p) Other Than Named Above: None
Signer's Name:
Individual
XCorporate'Officer Title(*. Vice - President
—Partner- _Limited _General
_Attorney -in -Fact
— Trustee
Guardian or Conservator
flfhcr
Signer is Representing: All American Asphalt
Number of Pages: 6
Top of thumb here
(PROJECT NO. 41854308)
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. of
the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self- insurance in accordance with the provisions of
the Code. I agree to and will comply with such provisions before commencing the Work
governed by this Contract.
k
CONTRACTOR:
Name of Contractor:
By:
Signature
Name
Title
Date
ALL AMERICAN ASPHALT
DM6tenr2 I j, xg
i
I RVPUBIDRD\570015 CONTRACT (EXHIBIT A) GB- STATE & LOCAL (505 /507/660)(724/00)