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Home My WebLink AboutC-2487RECORDING REQUESTED BY CITY OF ARCADIA * " AND WHEN RECORDED MAIL TO " NAME Phil Wray, City Engineer CITY OF ARCADIA STREET 240 WEST HUNTINGTON DR PO BOX 60021 CITY ARCADIA, CA 91066 -6021 STATE ZIP 0511712010 MAY 2 4 2010 CITY OF ARCADIA *20100670765* C CLERK SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is CITY OF ARCADIA 3. The full address of the owner is 240 WEST HUNTINGTON DRIVE, ARCADIA CALIFORNIA 91007 4. The nature of the interest or estate of the owner is: In fee. (if other than Fee, strike "In fee" an insert, for example, "purchaser under contract of purchase," or "Lessee ") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed on May 4 , 201 0 . The work done was: Rnarl RPhahi 1 i faf inn of Santa Ani t-a AxrPniia 8. The names of the contractor, if any, for such work of improvement was Gentry Brothers Inc. 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: Santa Anita Avenue from Grand Jli aw Avanna to Fnn+ hi ],], 8a1_11_evard 10. The street address of said property is Dated May 10 201 0 (If no street ad has I een oM assigned, insert "None ".) Signature of Owner or corporatP fficer of Owner named Phil Wray, CitJ Engineer VERIFICATION paragraph 2, or his agent I, the undersigned, say: I am the CITY OF ARCADIA City Engineer the declarant of the foregoing Notice of Completion; (President of, Manager of, Partner of, Owner of, etc.) I have read said Notice of Completion and know the contents thereof', the same is true to my knowledge, I declare under penalty of perjury that the foregoing is true and correct. Executed on May 10 201 0 Personal signature of the indivit3>)(al who is swearing that the contents of the Notice of Completion are true) Phil Wray, City Engineer 1 a This page is part of your document - DO NOT DISCARD 201 00670765 � ' ' !�� Pages: f } I 0002 + + Recorded /Filed in Official Records f Recorder's Office, Los Angeles County, California x 1 /F0 aN` *x 05/17/10 AT 11:66AM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 IIIAI�IIIIIIIIIIIAVIIIVIIIII�BIRII��I��II�VIIVIIIflNflIIIIVIAdllll LEADSHEET 201005170090030 00002370634 �IYIYINUNI�IIBlllll SEQ: 01 DAR - Mail (Hard Copy) I�RIIIIIIVII��IA��II��E��NIIIIWVISIIII - I - THIS FORM IS NOT TO BE DUPLICATED (PROJECT NO. 41853810) (FEDERAL AID PROJECT NO. ESPL- 5131(015) CONTRACT FOR THE CITY OF ARCADIA ROAD REHABILITATION OF SANTA ANITA AVENUE FROM GRANDVIEW AVENUE TO FOOTHILL BOULEVARD PROJECT NO: 41853810 FEDERAL AID PROJECT: ESPL- 5131(015) 1. PARTIES AND DATE. This Contract is made and entered into this qA day of " CM rr, 20_i, by and between the CITY OF ARCADIA (hereinafter called the "Owner ") and GENTRY BROTHERS, INC. (hereinafter called the "Contractor "). 2. RECITALS. 2.1 The Owner is a charter City organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; 2.2 Contractor, in response to a Notice Inviting Bids issued by Owner on SEPTEMBER 2009, has submitted a bid proposal for construction the ROAD REHABILITATION OF SANTA ANITA AVENUE FROM GRANDVIEW AVENUE TO FOOTHILL BOULEVARD 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 NOVEMBER 19, 2009. 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 RVPUB\DRD \570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. 41853810) (FEDERAL AID PROJECT NO. ESPL- 5131(015) Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Special Provisions Part "D" - Specifications Part "E" - Drawings Part "F" - Performance Bond Part "G" - Payment Bond g. ADDENDUM NO. 1 dated October 16, 2009. ADDENDUM NO. 2 dated October 21, 2009. 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. �J Contractor, s Ini als 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work for the construction of Bid Category number(s) 1 thru 16 necessary to fully and adequately complete ROAD REHABILITATION OF SANTA ANITA AVENUE FROM GRANDVIEW AVENUE TO FOOTHILL BOULEVARD, including any alternates selected by the Owner, and all structures and facilities described in the Contract (hereinafter the "Work "), for a total of SIX HUNDRED FORTY -SIX THOUSAND, ONE HUNDRED FIFTEEN DOLLARS AND NO CENTS, ($646,115.00), 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. RVPUB\DRD \570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. 41853810) (FEDERAL AID PROJECT NO. ESPL- 5131(015) 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within Fifty Five (55) Calendar Days, beginning ten (10) Calendar Days after the date on which the Notice to Proceed is sent by the Owner to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited the Project Schedule located in the Specifications. Contractor agrees that if such Work is not completed within the aforementioned period and /or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications, it is understood, acknowledged and agreed that the Owner will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated damages the sum of ONE THOUSAND DOLLARS ($1000.00) PER DAY as provided by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix. 3.5 Owner's Basic Obligation. Owner agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Owner shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 3.6 Contractor's Labor Certification. Contractor maintains that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be executed simultaneously with this Contract. 3.7 Attorneys' Fees. If either 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. RVPUB\DRD \570015 CONTRACT - 3 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. 41853810) (FEDERAL AID PROJECT NO. ESPL- 5131(015) 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 Gentry Brothers, Inc. 384 Live Oak Avenue Irwindale, CA 91706 Attn: Rod Gentry, President Owner City of Arcadia P.O. Box 60021 Arcadia CA 91066 -6021 Attn: Mark Rynkiewicz, Project Manager Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. CITY OF ARCADIA By:nc..Cp Donald Penman City Manager ATTE T: By: Iih City C erk —A I I - ( Approved as to Form: By: EW6� IJ / Stepheh P. Deitsch City Attorney A GENTRY BROTHERS, INC. By: Rod Ge ry Preside t 0 RVPUB\DRD \570015 CONTRACT-4 GB - STATE & LOCAL (505/507/660) (7/24/00) will- (PROJECT NO. 41853810) (FEDERAL AID PROJECT N0. ESPL- 5131(015) EXHIBIT "A" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et se g. 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. CONTRACTOR: Name of Contractor: By: Signature �J Name Title Date GENTRY BROTHERS, INC RVPUB\DRD \570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/5071660) (7/24100)