HomeMy WebLinkAboutC-2563REICORDI G REQ ESTED BY
WHEN RECORDED MAIL TO
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SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TITLE(S)
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RECORDING REbUESTED 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
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 1/ A 2011 The work done was:
8.
11
Anita Ave & a.300 —foot se znent aft the West City Limit
The names of the contractor, If any, for such work o lmprovemen was
Hardy & Harper Inc.
(If no contractor for work of improvement as a whole,
(uate of
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:
10. The street address of said property is
Dated 1/5 201 1
(If no street
officially asgigned, insert "
Signature of` Owner or corpora
Philip A Wray,
VERIFICATION
icu it Nmeyrapn c, ur nrs agent
) Dir of Dev Svcs /City Engineer
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 1/5 201 1 at ARCADIAft3ALIFORNIA.
"ersonal signature of tM individual who is swe g that the contents of the Notice of Completion are true)
Philip A Wray, Dep r of Dev Svcs /City Engin
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n
41-_;M
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This page is part of your document - DO NOT DISCARD -
°�i °s� 20110087544
♦ +
1 III II 11111 II II jjjj 11111111111111 1111111111111111111111111111 Page
Recorded /Filed in Official Records
f Recorder's Office, Los Angeles County,
x x California
11FOilN`* 01/14/11 AT 03:63PM
FEES: 0.00
TAXES: 0.00
OTHER: 0.00
PAID: 0.00
8111 II IIIII I6111d1 II 111111 II IIVIl81IIIIII IE IIIII 11I 111111 III IIIIIV I IIII
LEADSHEET
00003603003
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iWmwDAR neMail
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THIS FORM IS NOT TO BE DUPLICATED
CONTRACT FOR THE
CITY OF ARCADIA
STREET REHABILITATION OF DUARTE ROAD BETWEEN EL MONTE AVENUE AND
SANTA ANITA AVENUE AND 300 FEET AT WEST CITY LIMIT
PROJECT #41854110
Federal Aid Project ESPL- 5131(014)
1. PARTIES AND DATE.
This Contract is made and entered into this)) hd day of 2010, by and between the
CITY OF ARCADIA (hereinafter called the "Owner ") and HARDY & ARPER, 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 in August 2010 has
submitted a bid proposal for construction the STREET REHABILITATION OF DUARTE ROAD BETWEEN
EL MONTE AVENUE AND SANTA ANITA AVENUE AND 300 FEET AT WEST CITY LIMIT, Project No.
41854110, Federal Aid Project ESPL - 5131(014) 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 September 8, 2010.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment
Bonds and evidences of insurance coverage as required by the Contract.
3. TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference the following documents,
including all exhibits, drawings, specifications and documents therein, and attachments and addenda
thereto:
a.
Notice Inviting Bids
b.
Instructions to Bidders
C.
Contract Bid Forms
d.
Contract
e.
Federal Requirements
f.
Contract Appendix
Part "A"
- General Conditions
Part "B"
- Supplementary General Conditions
Part "C"
- Special Provisions
Part "D"
- Specifications
Part "E"
- Drawings (under separate cover)
RMBORM570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00)
Part "F" - Performance Bond
Part "G" - Payment Bond
Part "H" - Escrow Agreement for Security
Deposits (optional)
g. ADDENDUM NO. 1 dated August 23, 2010.
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. .-- A V
Contractor's Initials
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor,
materials, tools, equipment, services, and incidental and customary work for the construction of
Project Number 41854308 necessary to fully and adequately complete STREET REHABILITATION
OF DUARTE ROAD BETWEEN EL MONTE AVENUE AND SANTA ANNTA AVENUE AND 300
FEET AT WEST CITY LIMIT PROJECT, Project No. 41854110, Federal Aid Project ESPL-
5131(014) including any alternates selected by the Owner, and all structures and facilities described
in the Contract (hereinafter the "Work "), for a total of Two Hundred Ninety Two Thousand Dollars
($292,000) as specified in the Contract Bid Forms submitted by the Contractor in response to the
above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accordance
with the applicable terms of this Contract. All Work shall be subject to, and performed in
accordance with the above referenced documents.
3.3 Standard of Performance.
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner,
and consistent with the standards generally recognized as being employed by professionals in the
same discipline in the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor further represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Work, and that such licenses and approvals shall be maintained throughout the term of this
Contract.
3.4 Period of Performance.
Contractor shall have ten (10) calendar days from the date of the Notice of Award to supply
the Owner with all the required documents and certifications. Upon receipt of correctly executed
documents and certifications, the Owner shall issue a Notice to Proceed. The Contractor shall
begin work within ten (10) days of the Notice to Proceed. Contractor shall perform and complete all
work under this contract within 21 calendar days from the Notice to Proceed.
Contractor agrees that if such Work is not completed within the aforementioned period
and /or pursuant to any such completion schedule, construction schedule or project milestones
developed pursuant to provisions of the Contract, including but not limited to the Project Schedule
located in the Specifications, it is understood, acknowledged and agreed that the Owner will suffer
damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as
fixed and liquidated damages the sum of Seven Hundred Twenty Dollars and Zero Cents ($720.00)
per day as provided by the applicable provisions of the General Conditions, found in Part "B" of the
Contract Appendix.
3.5 Owner's Basic 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.
R VPUB \DRD \570015 CONTRACT-4 GB • STATE & LOCAL (505/507/660) (7/24/00)
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
Hardy & Harper, Inc.
1312 East Warner Avenue
Santa Ana, CA. 92705
Attn: Steve Kirschner
Vice President
Owner
City of Arcadia
240 West Huntington Drive
Arcadia CA 91007
Attn: Philip A. Wray
City Engineer
Suretv
$ CSBA
1411 N Batavia St, Ste 201
Orange, CA 92867
Attn: Uwig t Reilly
With Copies To:
Attn:
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.
HARDY & RPER I C. 6(CNRACTOR)
By: By:
Nam Steve irschner
Vice President
Title
Tax I.D. Number.' Attest.
95- 2251022
Number
Contractor's License:
A C-8 Q--12
Class
215952
Number
By:
CITY OF ARCADIA
Name
Title
Lisa Mu senden
Chief Deputy City Clerk
Approved as to Form:
By: ().
Stephen P. Deitsch
City Attorney
RVPVBOxn\570015 CONTRACT - 5
r,R - RTATF R, T Ar AT icnmcnv «m inn —,
(PROJECT N0. 41854110)
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. 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.
I
_...........CONTRACTOR;. �
i
Name of Contractor: HAR Y & HARPER INC.
ii
By: I
Signature
,j
Name Steve Kirschner
Title Vice President
Date 9/15/10