HomeMy WebLinkAboutC-2397CITY OF ARCADIA
SHORT -FORM CONSTRUCTION CONTRACT
08/09 CATCH BASIN INSERTS PROJECT
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ORIGINAL
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This Contract is made and entered into this r day of *—, 2008 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 ( "City ") and
Advanced Solutions, a Sole Proprietorship with its principal place of business at 113583 Gray Hawk
Ct., Corona, CA 92880 ( "Contractor "). City and Contractor are sometimes individually referred to as
"Party" and collectively as "Parties" in this Contract.
RECITALS
A. 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.
B. 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 Design and provide sizing calculations,
manufacture, and install removable connector pipe screen device as a full capture system for trash
removal that correspond with the size of the lateral pipe outlet to seventy five (75) Arcadia catch
basins before September 30, 2008 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.
C. City desires to engage Contractor to render such services for the 08/09 Catch Basin
Inserts Project ( "Project ") as set forth in this Contract with contract extensions as follows.
FY 2009 -2010 80 SCREEN DEVICES INSTALLED BY 12/31/2009
FY 2010 -2011 80 SCREEN DEVICES INSTALLED BY 12/31/2010
The City and the Contractor for the considerations stated herein agree as follows:
CONTRACT
Parties.
1.1 City's Representative. The City hereby designates Pat Malloy, Assistant City Manager
/ 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 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.
1.2 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,
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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.
2. 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: Caltrans Standard Plans and Greenbook Standard Specifications
for Public Works Construction, WQCB Certification of Full Capture Trash TMDL, Full Capture
Trash TMDL Certification by the Los Angeles Water Quality Control Board (RWQCB).
3. Contractor's Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost
and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately complete the Project, including all structures and
facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the
"Work "), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to,
and performed in accordance with the above referenced documents, as well as the exhibits attached hereto
and incorporated herein by reference. The plans and specifications for the Work are further described in
Exhibit "A" attached hereto and incorporated herein by this reference. Special conditions, if any, relating
to the Work are described in Exhibit "B" attached hereto and incorporated herein by this reference.
4. 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.
5. Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work
under this Contract within 10 Working 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. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as
fixed and liquidated damages the sum of $250 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.
6. 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, 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
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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.
7. Substitutions / "Or Equal ".
7.1 Pursuant to Public Contract Code Section 3400(b) the City may make a finding that
designates certain products, things, or services by specific brand or trade name. Unless specifically
designated in this Contract, whenever any material, process, or article is indicated or specified by grade,
patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used
for the purpose of facilitating the description of the material, process or article desired and shall be
deemed to be followed by the words "or equal."
7.2 Contractor may, unless otherwise stated, offer for substitution any material, process or
article which shall be substantially equal or better in every respect to that so indicated or specified in this
Contract. However, the City may have adopted certain uniform standards for certain materials, processes
and articles. Contractor shall submit requests, together with substantiating data, for substitution of any
"or equal" material, process or article no later than thirty -five (35) days after award of the Contract. To
facilitate the construction schedule and sequencing, some requests may need to be submitted before
thirty -five (35) days after award of Contract. If the City has specified particular deadlines prior to the
thirty -five day period after contract award, such deadlines, if any, shall be set forth in the Special
Conditions attached hereto. Provisions regarding submission of "or equal" requests shall not in any way
authorize an extension of time for performance of this Contract. If a proposed "or equal" substitution
request is rejected, Contractor shall be responsible for providing the specified material, process or article.
The burden of proof as to the equality of any material, process or article shall rest with the Contractor.
7.3 The City has the complete and sole discretion to determine if a material, process or article
is an "or equal" material, process or article that may be substituted. Data required to substantiate requests
for substitutions of an "or equal" material, process or article data shall include a signed affidavit from the
Contractor stating that, and describing how, the substituted "or equal" material, process or article is
equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall
include any and all illustrations, specifications, and other relevant data including catalog information
which describes the requested substituted "or equal" material, process or article, and substantiates that it
is an "or equal" to the material, process or article. The substantiating data must also include information
regarding the durability and lifecycle cost of the 'requested substituted `or equal" material, process or
article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in
a timely fashion will result in the rejection of the proposed substitution.
7.4 The Contractor shall bear all of the City's costs associated with the review of substitution
requests. The Contractor shall be responsible for all costs related to a substituted "or equal" material,
process or article. Contractor is directed to the Special Conditions (if any) to review any findings made
pursuant to Public Contract Code section 3400.
8. Stormwater Pollution Prevention Plan. If applicable, the Contractor shall file a Notice of Intent
and procure a State Water Resources Control Board (State Water Board) National Pollutant Discharge
Elimination System General Permit for Waste Discharge Requirements for Discharges of Stone Water
Runoff Associated with Construction Activity (Permit). The Contractor shall be solely responsible for
preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) prior to initiating work.
The Contractor shall be responsible for procuring, implementing and complying with the provisions of the
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Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as
required by Permit. It shall be the responsibility of the Contractor to evaluate and include in the Total
Contract Price, the cost of procuring the Permit and preparing the SWPPP as well as complying with the
SWPPP and any necessary revisions to the SWPPP. The Contractor shall also include in the Total
Contract Price the cost of monitoring as required by the Permit.
9. Control and Pavment 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.
10. City's Basic Obli ag tion. 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 terns 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.
11. Compensation and Payment
11.1 Amount of Compensation. As consideration for performance of the Work required
herein, City agrees to pay Contractor the Total Contract Price of SIXTY NINE THOUSAND AND
THREE HUNDRED SEVENTY - FIVE DOLLARS AND NO CENTS ($69,375.00) ( "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.
11.2 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.
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.
11.3 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.
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11.4 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.
11.5 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.
12. 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.
13. Termination.
13.1 If Contractor fails to commence work as provided in this Contract, or fails to make
delivery of materials promptly as ordered, or to maintain the rate of delivery or progress of the work in
such manner as in the opinion of City's authorized representative will ensure a full compliance with the
Contract within the time limit, or if in the opinion of City's authorized representative, Contractor is not
carrying out the provisions of the contract in their true intent and meaning, written notice will be served
on Contractor and its Surety to provide, within a specified time to be fixed by City's authorized
representative, for satisfactory compliance with the Contract. If Contractor neglects or refuses to comply
with such notice within the time therein fixed, he /she shall not thereafter exercise any rights under said
Contract or be entitled to receive any of the benefits thereof, except as hereinafter provided, and City's
authorized representative may, with the approval of the City Council, perform any part of the work or
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purchase any or all of the material included in the Contract or required for the completion thereof, or take
possession of all or any part of the machinery, tools, appliances, materials and supplies used in the work
covered by the Contract or that have been delivered by or on account of Contractor for use in connection
therewith, and the same may be used either directly by City or by other parties for it, in the completion of
the work.
13.2 City has the right to terminate or abandon any portion or all of the work under this
Contract by giving ten (10) calendar days written notice to Contractor. In such event, City shall be
immediately given title and possession to all original field notes, drawings and specifications, written
reports and other documents produced or developed for that portion of the work completed and /or being
abandoned. City shall pay Contractor the reasonable value of services rendered for any portion of the
work completed prior to termination. If said termination occurs prior to completion of any task for the
Project for which a payment request has not been received, the charge for services performed during such
task shall be the reasonable value of such services, based on an amount mutually agreed to by City and
Contractor of the portion of such task completed but not paid prior to said termination. City shall not be
liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall
not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation
for termination of work.
13.3 Contractor may terminate its obligation to provide further services under this Contract
upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to
perform in accordance with the terms of this Contract through no fault of Contractor.
14. 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.
15. 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.
16. Loss and Damage. Except as may otherwise be limited by law, the 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.
17. Indemnification.
17.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold
harmless the City, its respective officials, officers, agents, employees, and representatives ( "Indemnitees ")
from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages (including
without limitation the payment of all consequential damages and attorneys fees and other related costs
and expenses) or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or
groundless, to tangible property or persons (including wrongful death, accidents or injuries arising from
the alleged failure to inspect or to maintain traffic controllers or traffic signals, injuries or damages
occurring during the transport of products or in rendering services under the Contract Documents, such as
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automobile accidents, trip /slip and fall accidents and third party assaults) arising out of or resulting from
the performance of the Work or this Contract (including claims made by subcontractors for nonpayment),
to the extent that the acts, omissions or willful misconduct are attributable to the Contractor or anyone
employed directly or indirectly by any of them. Contractor shall defend, at Contractor's own cost,
expense and risk, with legal counsel of Indemnitee's choosing, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against the City, its respective
officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall
pay and satisfy any judgment, award or decree that may be rendered against the City and its respective
officials, officers, agents, employees, and representatives, in any such suit, action or other legal
proceeding. Contractor shall reimburse the City and its respective officials, officers, agents, employees,
and representatives for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be
those imposed by Civil Code section 2782.
17.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to
defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise
upon the making of any claim or demand against the City, its respective officials, officers, agents,
employees and representatives, notwithstanding that no adjudication of the underlying facts has occurred,
and whether or not Contractor has been named in the claim or lawsuit.
17.3 Nothing contained in the preceding sections shall be deemed to obligate the Contractor to
indemnify the City or any of the other Indemnitees, against liability for damages or any other loss,
damage or expense sustained, suffered or incurred on account of death or bodily injury to active persons
or injury to property caused by the sole negligence or willful misconduct of the City or any of the other
Indemnitees set forth above. Therefore, if it is determined by legal proceedings or agreement, that the
Contractor has no direct contributory or incidental negligence or other obligation to the City or the other
Indemnitees, and the Contractor is in no way a proper party to a particular claim, then the Contractor shall
not be obligated to hold the City or any Indemnitees harmless with respect to said claim. However, until
such determination is made by legal proceedings or agreement, or if the Contractor is found to have any
degree of direct or contributory negligence or if it is determined that the Contractor is in any way or to
any degree a proper party to said claim, then the Contractor's obligations under all of the terms and
provisions of the preceding section shall remain in full force and effect.
17.4 Nothing in this provision, or elsewhere in the Contract Documents, shall be deemed to
relieve the Contractor of its duty to defend the City or any Indemnitee, as specified under this Article,
pending a determination of the respective liabilities of the City or any Indemnitee, by legal proceeding or
agreement.
17.5 In furtherance to, but not in limitation of the indemnity provisions in this Contract,
Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and hold
harmless as provided in this Contract shall not in any way be affected or diminished by any statutory or
constitutional immunity it enjoys from suits by its own employees or from limitations of liability or
recovery under workers' compensation laws.
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18. Insurance.
Is
18.1 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.
18.2 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:
(a) Minimum Scone 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 Employer's
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).
(b) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1)
General Liability 51,000,000 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 including,
but not limited to, form CG 2503, 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. Employer's Liability limits of $1,000,000 per accident for bodily injury or
disease; and (4) Builders' /All Risk: Completed value of the project.
18.3 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:
(a) General Liability. (1) The City, its directors, officials, officers, employees,
agents and volunteers shall be covered as additional insureds with respect to the Work or operations
performed by or on behalf of the Contractor, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as respects the
City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an
unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or
self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers
shall be excess of the Contractor's insurance and shall not be called upon to contribute with it.
(b) 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
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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.
(c) Workers' Compensation and Employer's 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.
(d) 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.
18.4 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.
18.5 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.
18.6 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.
18.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than ANHI, licensed to do business in California, and satisfactory to the City.
18.8 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.
18.9 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.
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18.10 _Reporting of Claims. Contractor shall report to the City, in addition to Contractor's
insurer, any and all insurance claims submitted by Contractor in connection with the Work under this
Contract.
19. Bond Reouirements
19.1 Pavment Bond. If required by law because the Total Contract Price exceeds $25,000 or
otherwise specifically requested by City in Exhibit "C" 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.
19.2 Performance Bond. If specifically requested by City in Exhibit "C" 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.
19.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any
surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10
days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any
required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall
post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No
further payments shall be deemed due or will be made under this Contract until any replacement bonds
required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is
increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the
amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such
increase to the City. If the Contractor fails to furnish any required bond, the City may terminate the
Contract for cause.
19.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in
California Code of Civil Procedure Section 995.120, shall be accepted. 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.
20. Safe . 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.
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21. Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section
shall be deemed to include unauthorized work which has not been removed and any non - conforming
materials incorporated into the Work) to be of good quality and free from any defective or faulty material
and workmanship. Contractor agrees that for a period of one year (or the period of time specified
elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of
equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance,
Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work
or non - conformance of the Work to the Contract, commence and prosecute with due diligence all Work
necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as
requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and
expense, repair and replace any portions of the Work (or work of other contractors) damaged by its
defective Work or which becomes damaged in the course of repairing or replacing defective Work. For
any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for
an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including,
without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All
costs associated with such corrective actions and testing, including the removal, replacement, and
reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the
Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to
any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or
assigned to the City by separate agreement and Contractor agrees to enforce such warranties and
guarantees, if necessary, on behalf of the City. In the event that Contractor fails 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.
22. 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. City is a public entity of the State of California subject to certain provisions of the Health &
Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and
agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this
Contract to the same extent as though set forth herein and will be complied with. 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.
23. 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. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1
and 1777.7 may not perform work on this Project.
Rev. 3/08 11
• •
24. Trenching Work. If the Total Contract Price exceeds 525,000 and if the Work governed by this
Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall
comply with all applicable provisions of the California Labor Code, including Section 6705. To this end,
Contractor shall submit for City's review and approval a detailed plan showing the design of shoring,
bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground
during the excavation of such trench or trenches. If such plan varies from the shoring system standards,
the plan shall be prepared by a registered civil or structural engineer.
25. 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.
26. Underground Utility Facilities. To the extent required by Section 4215 of the California
Government Code, City shall compensate Contractor for the costs of. (1) locating and repairing damage
to underground utility facilities not caused by the failure 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.
27. Labor Code Provisions.
27.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code
Section 1720, et sec., and 1770, et sue., as well as California Code of Regulations, Title 8, Section 1600,
et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. Since the Services are
being performed as part of an applicable "public works" or "maintenance" project, as defined by the
Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply
with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per
diem wages in effect at the commencement of this Contract. Contractor shall make copies of the
prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the Contractor's principal
place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws.
27.2 Apprenticeable Crafts. if the Total Contract Price exceeds $35,000 and if 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.
27.3 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
Rev. 3/08 12
10 0
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.
27.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll
record, showing the name, address, social security number, work classification, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by him or her in connection with the public work. The payroll
records shall be certified and shall be available for inspection at all reasonable hours at the principal
office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance
with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to
receipt of written notice specifying in what respects such Contractor must comply with this section.
Should noncompliance still be evident after such 10 -day period, the Contractor shall, as a penalty to City,
forfeit not more than $50.00 for each calendar day or portion thereof, for each worker, until strict
compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner.
Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards
Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for
compliance with this section is on the Contractor.
27.5 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.
28. Labor and Material Releases. Contractor shall furnish City with labor and material releases from
all subcontractors performing work on, or furnishing materials for, the work governed by this Contract
prior to final payment by City.
29. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer
and that it shall not discriminate against any employee or applicant for employment because of race,
religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non - discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
30. Anti -Trust Claims. This provision shall be operative if this Contract is applicable to California
Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or
materials, the Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and
to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the
Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and
Professions Code) arising from purchases of goods, services, or 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.
31. 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 sKq.
32. Claims. Pursuant to Public Contract Code Section 9201, the City shall provide the Contractor
with timely notification of the receipt of any third -party claim, relating to the Contract. The City is
entitled to recover its reasonable costs incurred in providing such notification.
33. Prohibited Interests.
Rev. 3/08 13
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33.1 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.
33.2 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. In addition, Contractor agrees to file,
or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing
Officer as required under state law in the performance of the Work.
34. 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.
35. General Provisions.
35.1 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:
Contractor: Advanced Solutions
City:
13583 Gray Hawk Court
Corona, CA 92880
Attn: Octavio Lugo
City of Arcadia
240 West Huntington drive
Arcadia, CA 91066 -6021
Attn: Pat Malloy, Assistant City Manager /
Public Works Services Director
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S.
Mail 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.
35.2 Time of Essence. Time is of the essence in the performance of this Contract.
35.3 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.
Rev. 3/08 14
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35.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall
take any additional acts or sign any additional documents as may be necessary, appropriate or convenient
to attain the purposes of this Agreement.
35.5 City's Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with this Project.
35.6 Construction; References; Captions. Since the Parties or their agents have participated
fully in the preparation of this Agreement, the language of this Agreement shall be construed simply,
according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or
period for performance shall be deemed calendar days and not work days. All references to Contractor
include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified
in this Agreement. All references to City include its elected officials, officers, employees, agents, and
volunteers except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe
the scope, content or intent of this Agreement.
35.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily
given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or
otherwise.
35.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
35.9 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in
full force and effect.
35.10 Governing Law. This Contract shall be governed by California law. Venue shall be in
Los Angeles County.
35.11 Counterparts. This Contract may be executed in counterparts, each of which shall
constitute an original.
35.12 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.
35.13 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.
35.14 Authority to Enter Contract. Each Party warrants that the individuals who have signed
this Contract have the legal power, right and authority to make this Contract and bind each respective
Party.
35.15 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.
Rev. 3/08 15
0 •
IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day
and year first above written.
CITY OF ARCADIA
By: tD &^"l2 �uwr►s_
Donald Penman
City Manager
Dated: sit +$ 2008
Attest:
APPROVED AS TO FORM:
b-tM.4l..GG�
Stephen P. Deitsch
City Attorney
ADVANCEDSOL
M
Rev. 3/08 16
� wl�
[Print Name]
I "�
Titl
Classification of Contractor's License
CONCUR:
Pat Malloy
Assistant City Manager /
Public Works Services Director
r1
EXHIBIT "A"
PLANS AND SPECIFICATIONS
C�
The following plans and specifications are incorporated into this Contract herein by this
reference:
1. All work shall be in accordance with the Standard Specification for Public works Construction
and State of California Standard Plans and pipe screen devices shall have full capture trash
TMDL Certification by the Los Angeles Regional Water Quality Control Board (RWQCB).
2. Design connector pipe screen device as a full capture system for trash removal for seventy five
(75) Arcadia Catch Basins.
3. Manufacture connector pipe screen device as a full capture system for trash removal for
seventy five (75) Arcadia Catch Basins.
4. Installation of connector pipe screen device as a full capture system for trash removal for
seventy five (75) Arcadia Catch Basins.
5. Removable screen devices shall be manufactured with Stainless Steel material.
Rev. 3/08 17
0
EXHIBIT "B"
SPECIAL CONDITIONS
NOT APPLICABLE.
Rev. 3/08 18
0
0
EXHIBFf "C"
PAYMENT BOND Bond #227231
Premium: Included
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Arcadia (hereinafter designated as the "City "), by action taken or a
resolution passed July 15 2(08 has awarded to ADVANCED SOLUTIONS
hereinafter designated as the "Principal," a contract for the work described as follows: DESIGN
and:
WHEREAS, said Principal is required to furnish a bond in connection with said contract,
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies 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 Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the
Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal an (pS Specialty Insurance Company as Surety, are held
and firmly bound unto the City in the penal sum of SIXTY NINE THOUSAND AND THREE
HUNDRED SEVENTY FIVE DOLLARS AND NO CENTS ($69,375.00) lawful money of the
United States of America, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the
persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding tho sum herein above specified, and
also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such
suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation
expenses.
'Phis bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code
so as to give a right of action to such persons or their assigns in any suit brought upon this band.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released
from the obligation of this bond by any change, extension of time for performance, addition,
alteration or modification in, to. or of any contract, plans, specifications, or agreement pertaining
or relating to any scheme or work of improvement herein above described, or pertaining or
relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
19
0 9
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission or attempted rescission of the contract, agreement or bond, nor by any
conditions precedent or subsequent in the bond attempting to limit the right of recovery of
claimants otherwise entitled to recover under any such contract or agreement or under the bond,
nor by any fraud practiced by any person other than the claimant seeking to recover on the bond
and that this bond be construed most strongly against the Surety and in favor of all persons for
whose benefit such bond is given, and under no circumstances shall Surety be released from
liability to those for whose benefit such bond has been given, by reason of any breach of contract
between lire owner or City and original contractor or on the part of any obligee named in such
bond, but the sole conditions of recovery shall be that claimant is a person described in Section
3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that
Surety does hereby waive notice of any such change, extension of time, addition, alteration or
modification herein mentioned.
1N WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall
for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and
Surety above named, on the 2nd. day of September - 20 08 the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed b its
undersigned representative pursuant to authority of its governing body.
Octavio Lugo
(Corporate Seal of Principal,
if corporation)
(Seal of Surety)
(Attached?Attorney -In -Fact
Certificate
'Acimoivledgements)
Principal (Property Na'
By
Octavio Lugo A
(Signature
Attorney in Fact
and Required
1. *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and surety
and a power of Attorney MUST BE ATTACHED.
20
0 •
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State of California 1
County of %o 5 � /f 7� t f -i I e3 J}
On scat ,2, �9D? before
Date Here Insert Name and Tille of tine Officer
personally appeared D L fQ J i0 u t� p
CABBIE J.INUlHE1W
COAAM. � 11�Ip
NOTARI' WBIJC- ClUlFORIN
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Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the personKwhose nameW 4W6@-subscribed to the
within instrument and acknowl_edged to me that
of 14BAhey executed the same in -r authorized
capacity(iesj and that by 4_QA@;4I;;rl signature,(ej'on the
instrument the person(5ror the entity upon behalf of
which the persona) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hind and Qfflcial seal.
SignaturE °✓ �����
i, tature of Notary Public
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 Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s): —
El Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
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Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
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personally appeared
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be the person(4<whose nameolg m- subscribed to the
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executed the same inqQ40J4eir authorized
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instrument the persoi or the entity upon behalf of
which the personj<acted, executed the instrument.
CARRIE J. MUiLHERN
C0111111111111111.111111 8021111110 I certify under PENALTY OF PERJURY under the laws
t.OBMM>F�SOCWnr
of the State of California that the foregoing paragraph is
LWMyCOMEOUAILM11112 true and correct.
WITNESS my d and O 'cial seal.
Signature
Place Notary Seal Above Signature azure o1 Notary Public
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 Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
in
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
02007 National Notary Association- 9350 De Seto Ave., PO.Bcx 2402- Chelsworth, CA 9131 &2402•w NationalNOtaryorg Item 4597 Reodec Call Toll-Free 1- 800 - 876882
• M
PERFORMANCE BOND Bond #227231
Premium $2,081.00 - Premium based on
KNOW ALL PERSONS BY THESE PRESENTS: final contract amount
THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City") has awarded to ADVANCED
SOLUTIONS, (hereinafter referred to as the "Contractor ") an agreement for DESIGN AND PROVIDE
SIZING CALCULATIONS, MANUFACTURE, AND INSTALL REMOVABLE CONVECTOR
PIPE SCREEN DEVICE AS A FULL CAPTURE SYSTEM FOR TRASH REMOVAL THAT
CORRESPOND WITH THE SIZE OF THE LATERAL PIPE OTJTLF,T TO SEVENTY FIVE (75)
ARCADIA CATCH BASINS (hereinafter referred to as the "Project ")
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract
Documents for the Project dated July. 15, 2008 , (hereinafter referred to as "Contract Documents "),
the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to
furnish a bond for the faithful performance of said Contract Documents.
Octavio Lugo
NOW, THEREFORE, we, dba: Advanced Solutions the undersigned Contractor and
US Specialty Insurance Company as Surety, a corporation organized and duly
authorized to transact business under the laws of the State of California, are held and firmly bound unto
the City in the sum of SIXTY NINE THOUSAND AND THREE HUNDRED SEVENTY FIVE
DOLLARS AND NO CENTS ($69,375.00), said sum being not less than one hundred percent (100 %) of
the total amount of the Contract, for which amount 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 Contractor, 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 Contract Documents and any alteration thereof
made as therein provided, on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all
obligations including the one -year guarantee of all materials and workmanship; and shall indemnify and
save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this
obligation shall become null and void; otherwise it shall be and remain in fill force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees including reasonable attomey's fees, incurred by
City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise
provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year
after the acceptance of the work by City, during which time if Contractor shall fail to make hull, complete,
and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or
caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue
so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the
Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to,
California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents,
the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's
option:
21
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(l) Take over and complete the Project in accordance with all terms and conditions in die
Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the lowest
responsive and responsible bidder, arrange for a Contract between such bidder, the Surety
and the City, and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other costs and
damages for which Surety may be liable. The term "balance of the contract price" as
used in this paragraph shall mean the total amount payable to Contractor by the City
under the Contract and any modification thereto, less any amount previously paid by the
City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with California law and
make available as work progresses sufficient funds to pay the cost of completion of the
Project, less the balance of the contract price, including other costs and damages for
which Surety may be liable. The term "balance of the contract price" as used in this
paragraph shall mean the total amount payable to Contractor by the City under the
Contract and any modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed
by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor
for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the
City's objection to Contractor's further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Documents or to the Project.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 2nd• day of
September , 2008. i
Octavio Lugo / /
dba: Advanced Solutions
AL
Name
Octavio Lugo
22
ei• ance Company
StRl Y
By:
- -"
act
The rate of premium on this bond is $30.00 per thousand. The total amount of premium charges,
S 2,081.00
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) HCC Surety Group
9841 Airport Blvd., 9th. Floor
Los Angeles, Ca. 90045
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and (800) 486 -6695
Agent or Representative for service
of process in California
State of California )
/ /� )
County of ko5 Aifz-leS ) SS. \
J ��� e �i�,AIA.sn (lofxi Ytbf %e
On ��-Z /��' before me, (here i rt name an
g title f the notary), personally
appeared 06 I QVi� X-ueo Q,cf GQ6rid 1 1�
personally known to me (or proved
to me on the basis of satisfactory evidence) to be the erson(s) whose name(s)t�c s"``u''''b crIibed to the
within instrument and acknowledge me that executed the same in-hisfhd authorized
capacity(ies), and that by- hi#-hr ai•�signature(s) on the instrm re nersonfsl. o tl.e 1' n
behalf of which the person(s) acted, executed the instrument. CARRIE J. MULNERN
CW W. i 160Q1�0
WITNESS my hand and official seat. NOTNM PUBl1C- GAUPoIOgl1
Si6malur� (Seal) i WtmoaE�MAK�IY
NOTE: A copy of the Power -of .Attomey to local representatives of the bonding company must be
attached hereto.
23
IIP i
POWER OF ATTORNEY
=' (TO be used with bonds issued on behalf of U.S. SPECIALTY INSURANCE COMPANY)
Know All Men by ThesieiPresents That-U.S: SPECIALTXi +IN$URANi E' „COMPANY (the Company) a�rparahon du*y
organize i s I t'� , iii,the laws of the State of Texas, add iiaving ds principal office m Hmiston Hams County Texas does by
eae pre} to and appomt� .�
A !III
Il �
Gary F. Oltmanns or Gabriel 0. Hill of San Dimas California
- its.,true` and lawful A ey(s)-, I with full power soil authority hereby confeire�t, in'its name place and stead to execute
NOW-
acknowledge e and deliver, hgy``ao, bonds recognizadces; undertakings or other instruments o�.cantracts of surety.lp to
=include -riders, amendments, and consents of surety; prove 'rigg the bond �pwtil does -not a &ed
Dollatsr'($!t *`r3,IP ,UQ000 + + "" -and to bind the Company thereby as
dully and to iif such bonds were signed by the Pr'esid'ent; sealed with the orporate seal of the Company` and duly
attested by it e es �y ratifying and oonfirmmg all that the said Attomey -m Fact may do in the premises Said appoint i p u�l Viii I �a I
-'°i`s made "under and by authority of the following resolutions of the Board of Directors -of the U.-S- Specrah nsar�ice Gainpany. ; h
Be it Resolved that the President, any Vice President, any Assistant Vice President, any Secretaty-or[�nyAssista y: Secretary shall be and isitkmbyves[ed wrth u
'power and authority' to appoint anyIhgi i df SInom suitable persons as A&vrey(s }in -Fal represent andrict for and on behalf of the Company subject to the following
Bill provisions w n IP , ,I.IP1 �, �I Ell
— Attorney -in=Fact may be given full power and authority for and in the dame o£ and on behalf of the Company, to execute, acknowledge and deliver any and allIGnd� i
"recggnaances, contracts, agreements or indemnity and other cond4ional'or qbh a s d� py and all minces and documents canceli, ", terminate glth ti ;'.
Company's liability thereunder, and any suchinshbihi t8°so exeeuted =6y e n 1 Y be binding ,upon the Company as if sigrtad "by the PresiVseni .
..e,. and sealed and ef3tctesty the Cor$ orate 9ecretag ICI II Ilia II �' ��
alit .- Be 4 Reso ezedlhetthesignffinroaf any authorized offteei and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating _
-_thereto by facunde a id any =p`ower of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binds g n t any with respect to -
"any bond or undertaking to which it is attached (Adopted by unanimous written consent in lieu of meeting- onluty-7, 2003 )'il (( �j ill
In Witness „Whereof, U S SPECIALTY INSURANCE COMPANY has caused these presents to 1SWIll y its Senior Vice`
N ,t P#idde"'nt 4inud its corporate seal to be hereto affixed this RI day of April, 2004.
a(P4y VilJ i =
I d t 1 In i� 9 .i t` _
Corporate Seal _ III "0ICI i U.S. SPECIALTY INSURANCE COMPANY
By
C
State of California
_ Dori ofLris An I � I �� tai z� '� � obert F. Thomas, Senior Vice President
On this 5th day of April,;2004 before me personally came Robert F. Thomas, tome known, who b ft:by me dulyswom, did- p se
and say, that he resides in -Los Angeles California, that he is Senior Vice Presidento€V S MCIA TY INSURANCE COMPANY,
the company described in "and`wh phi executed "11 above,mstmment, that h`e knows the sea - sa3Zbompany that the seal`affized to
�f said instrutnent is such co orate " '� that [it s so atfi;m by order=of the Board of Directors of the Company; and that he `signed
T11 y.�yl�
rP Y �M'^"?
IN Vll lli, VV €- "his name thereto by like order..
Notary Seal DEBORAH REESE / —c
_ CommWbnN 1M6149 'NataryPubk€
Notary'PUb1l: comb — —
I� �ai�l My commission expires Mareff 2W
w sl
_rages pnN mil
Conn Fxplim 118200d! 7
,. lillll' I _
I; Jeannie Kim,p�As,Iit tant Sir � of U. I� i ,IIII (i 'li tJRANCECONfPANY do heresy*-
ereby certify that the above and-foregoing
is a trite and corral Copy of ilydlwer of At a ,i a to y said Company, which is still in full force and effect furthermore, the
resolutions of the'Boad of Drectors set out in the Power of Attorney are m full force and-effect.
'l sv it 2nd r..
In Witness.Whegeof, I have hieremtfa sA kand and a t h 7 �id Company at Los Angeles; Cahfom a ibis day
of ��ptem es_ 20 i� _ 'Illi' Itmill' lir��ll,
Corporate Sealr� -
T
+n ' lids Jeannie Kim,- Assistant Secretary
Ilr q li iJ I' b — 1 ri ° it _
ill i
� 231
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