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Home My WebLink AboutC-3036 I , i - ORIGINAL Awarded Bid Price: ' • • � r _ 336 ARCADIA CITY OF ARCADIA CONCRETE PAVEMENT REHABILITATION OF • FOOTHILL BOULEVARD FROM - i MICHILLINDA AVENUE TO SANTA ANITA AVENUE • PROJECT NO. 41855116 FEBRUARY 2016 is II it • BID AND CONTRACT DOCUMENTS l 4F� JASON KRUCKEBERG " 9 i‘11 ``4' 1 � . 1 1 ASSISTANT CITY MANAGER/DEVELOPMENT SERVICES DIRECTOR p, I *., PHILIP A. WRAY \ OF CA1.Xi I DEPUTY DIRECTOR OF DEVELOPMENT SERVICES/CITY ENGINEER. RVPUB\DRD\569998 GB-STATE&LOCAL(COV)(7/24/00) j li f I I (PROJECT NO.41855116) CONTRACT FOR THE I CITY OF ARCADIA i CONCRETE PAVEMENT REHABILITATION OF FOOTHILL BOULEVARD IFROM MICHILLINDA AVENUE TO SANTA ANITA AVENUE PROJECT NO. 41855116 I1. PARTIES AND DATE. This Contract is made and entered into this 20 day of IAA , 2016, by and I between the CITY OF ARCADIA (hereinafter called the "Owner") an EC CONSTRUCTION (hereinafter called the "Contractor"). 1 2. RECITALS. 1 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 February 2016 has submitted a bid proposal for construction the Concrete Pavement Rehabilitation of Foothill IBoulevard from Michillinda Avenue to Santa Anita Avenue described in the Contract. 2.3 Owner has duly opened and considered the Contractor's bid proposal, and duly I . 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 April 6, 2016. I 2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract. I3. 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: Ia. Notice Inviting Bids b. Instructions to Bidders I c. Contract Bid Forms d. Contract e. Contract Appendix IPart"A" General Conditions Part"B" - Supplementary General Conditions Part"C" - Special Provisions Part"D" Specifications Part"E" - Drawings (under separate cover) RVPUB\DRD\570015 CONTRACT-1 GB-STATE&LOCAL(505/507/660)(7/24/00) I — (PROJECT NO.41855116) Part"F" - Performance Bond Part"G" - Payment Bond Part"H" - Escrow Agreement for Security Deposits (optional) f. ADDENDUM NO. dated 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. • Contri ctor•s Initials 3.2 Contractor's Basic ••ligation. 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 41855116 necessary to fully and adequately complete CONCRETE PAVEMENT REHABILITATION OF FOOTHILL BOULEVARD FROM MICHILLINDA AVENUE TO SANTA ANITA AVENUE, including any alternates selected by the Owner, and all structures and facilities described in the Contract(hereinafter the"Work"),for a total of one million twenty two thousand five hundred one dollars and eighty cents($1,022,501.80)as specified in the Contract Bid Forms L 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 j this Contract. 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within 65 working 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 RVPUB\DRDl570015 CONTRACT-2 GB-STATE&LOCAL(505/507/660)(7/24/00) (PROJECT NO. 418551.16) completion schedule,construction schedule or project milestones developed pursuant to provisions of of the Contract, including but not limited to 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 ($1,000) 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 furnish all materials and to perform all Work according to the terms and conditions here nr 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. RVPUBOxn1570015 CONTRACT-3 GB-STATE&LOCAL(505/507/660)(7/24/00) 1 (PROJECT NO. 41855116) 1 3.9 Notices. i 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: i Contractor Surety EC Construction 7rai'e/ s Cas. 4Surei-i 6 A ic4 2213 Chico Avenue 16 0 S Oceie w Ce rt.4-er Ibr. South El Monte CA 91733 D,GL m on d Oar c4 41?-65 Attn: John K. Walters Attn: Loraolar... Ara ado ' President Owner With Copies To: ' City of Arcadia Scyplt - Ale rr■II 4 Drisco//.mac 240 West Huntington Drive Po oo7s z 408 Arcadia CA 91007 . PQSac/e.na. , cif ell/o7 Attn: Philip A. Wray PcTTN : Dfrv,ip I 1 1 Eggi U- City Engineer Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail,first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred,regardless of the method of service. CONTRACTOR CITY OF ARCADIA 1 II By: �. :!./`i By: , me 3'o+I N % • W PILT Dominic Lazzaretto, Manager PR.�51DEJT 41,4•6t,.. 2t)1 2014 Title Date Attest: • Name DA6t8y k. WA LTORS �5FCRe-TANA" By: I, '/LI : / i / / Title ^it' Clerk Tax LD. Number: Contractor's License: qs- 3al4 5AI o Number 3 GC"8I4' Number Class A, C,8 , C Z Approved as to Form: By: P 1Q Stephe P. Deitsch, City Attorney • IRVPUB\DRD\570015 CONTRACT-4 GB-STATE&LOCAL(505/507/660)(7/24/00) (PROJECT NO. 41855116) 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. CONTRACTOR: Name of Contractor: EC CONSTRUCTION By: ! I Signature: E—_ Name: o d-f N K - (,v A LTE&S Title: PRESIDE-NJi Date: -1$ -2o/4, RVPUBORD\570015 CONTRACT(EXHIBIT A) GB-STATE&LOCAL(505/507/660)(7/N/00) 2016 074369 IiiiiiiiiiffiN1011110111111111111MINII FILED APPENDIX E Mar 28 2016 NOTICE OF EXEMPTION Dean C.Logan,Registrar—Recorder/County Clerk Electronically signed by ISAURA CORREA TO: _ Secretary for Resources FROM: City of Arcadia 1416 Ninth Street, Room 1311 240 W. Huntington Dr. Sacramento, CA 95814 Arcadia, CA ,9,10Q7 ; , _- _ X County Clerk County of Los Angeles 12400 Imperial Hwy MAY 2 25 Norwalk CA 90650 City of Arcadia C,: ;,'' f‘,... . . File Project Title _ _ - -- Concrete Pavement Rehabilitation of Foothill Blvd from Michillinda Ave to Santa Anita Ave Project Location-Specific Foothill Boulevard between Michillinda Avenue and Santa Anita Avenue Project Location- City Project Location- County City of Arcadia County of Los Angeles Description of Nature, Purpose, and Beneficiaries of Project Repair and maintenance of concrete pavement including partial depth repair, full depth repair,joint sealing, a diamond grinding of the surface and replacement of non-standard curb ramps. Name of Public Agency Approving Project City of Arcadia Name of Person or Agency Carrying Out Project This is a City of Arcadia project. Exempt Status: (Check One) Ministerial (Sec. 15073) Declared Emergency(Sec. 15071 (a)) Emergency Project(Sec. 15071 (b)and (c)) X Categorical Exemptions (Sec. 15301, Class 1 (e)) Reasons why project is exempt: This project is considered repair and maintenance of existing street surface. There will be no new construction changing the use or capacity and will have no negative effects to the environment. Contact Person Area Code/Telephone/Extension Tim Kelleher (626) 574-5484 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes_No Date Received for Filing: THIS NOTICE WAS POSTED ON March 28 2016 igna ure Ci Engineer UNTIL April 27 2016 i Rev. 2/18/2016 REGISTRAR-RECORDER/COUNTY CLERK f CITY OF ARCADIA CONCRETE PAVEMENT REHABILITATION OF FOOTHILL BOULEVARD FROM MICHILLINDA AVENUE TO SANTA AAITA AVENUE PROJECT NO. 41855116 PART "H" ESCROW AGREEMENT RVPUB\DRD\570027 GB-STATE&LOCAL(N/A)(7/24/00) I ESCROW NO: 2369 ACCOUNT NO: 14916191 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, CA. 91066 (hereinafter called "Owner")and E.C. Construction Company whose address is 2213 Chico Avenue,South El Monte, CA 91733 (hereinafter called "Contractor") and Community. Bank whose address is 460 Sierra Madre Villa, Pasadena, CA 91107 (hereinafter called "Ecrow Agent"). For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: (1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for CONCRETE PAVEMENT REHABILITATION OF FOOTHILL BOULEVARD FROM MICHILLINDA AVENUE TO SANTA ANITA AVENUE — Project #41855116 in the amount of $1,022,501.80 dated April 20, 2016-(hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earn- ings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of City of Arcadia' and shall designate the Contractor as the beneficial Owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retention earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this Escrow Agreement is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. (4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor and Escrow Agent. RVPUB\ORD1570027 ESCROW - 1 GB-STATE&LOCAL(N/A)(7/24/00) (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. � (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. (7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days'written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. (8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5)to (8), inclusive, of this Escrow Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: On behalf of Contractor: City of Arcadia E.C. Construction Company CrS``P PES l TJ E1/4-'1 Title Title NIA )1. e N. - - _ A t. Si•nature `'gnature Address: 240 W. 4 tington Dr. (Address: 2213 Chico Avenue;: Arcadia, CA 91066 South El Monte, CA 91733 RVPUB\DRD\570027 ESCROW - 2 GB-STATE&LOCAL(N/A)(7/24/00) On behalf of Escrow Agent: Community Bank Vice President Title Brian Sinclair Name � 1 S:mature Address: 460 Sierra Madre Villa Avenue Pasadena, CA 91107 At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Escrow Agreement. IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on the date first set forth above. Owner: City of Arcadia Contractor: E.C.Construction Company I�C tQc.,t\ V.a eK 5 w 'I` Title Title PWL\P \M P �D 1t , N. a N. - Signa re : gnatue RVPUB\ORD\570027 ESCROW - 3 GB-STATE&LOCAL(N/A)(7/24/00) A This page is part of your�.�� w ,document 20161396886 �� , 1111111 IIIIIIIIIVIVIIIIIIIVYII Pages: �, Gsij�t Recorder's Otiliol-ronTaAngeles FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 A A II l I I III I IIli I I I I I 1 IIlI I IIII lilt 1II II I III II I l II II L ADS ET II I I III II IliI III I II I I I ITN II lU II I I II 20 611092 80 01 00128 4 37 uuuiii III lI llll II l I I II SEQ: 01 I aui��iaiuuiiu�iimuiiiomiM�iiiii11111 11111 I A A THIS FORM S NOT TO BE DUPLICATED i 4339/2 .a '• RECORDING REQUESTED BY CITY OF ARCADIA AND WHEN RECORDED MAIL TO Document Number:12894437 NAME CITY OF ARCADIA !H i l l IL II I I II 11111 III III Batch Number:7927119 STREET 240 WEST HUNTINGTON DR II,I�IILIIIII IIII ill VIII I1 III. PO BOX 60021 CITY ARCADIA, CA 91066-6021 STATE ZIP ATTN: City Engineer 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 onNovember 1 ,2016 . The work done was: Concrete Pavement RPhahi 1 i tafian of Fnnt. ' _ . „ • _ - • - • •to Aves. 8. The names of the contractor, if any,for such work of improvement was EC Construction April 2(1, 2016 (If no contractor for work of improvement as a whole,insert"None") (Date of Contract) 9. The property on which said work of improvement was completed is in the City of ARCADIA. County of LOS ANGELES, State of CA, and is described as follows: Repair & maintenance of concrete pavement including particl depth repair. full depth repair, j.ninr Saal ing, and rurh ramps 10. The street address of said property is None (If no street address has been officially assigned,insert"None") Dated November 2 2016 ��- Signature of Owner or corporate officer of Owner named in paragraph 2,or his agent Philip A. Wray, City Engineer d VERIFICATION 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 Nov. 2 , 201 6 at ARCADIA, CALIFORNIA. (Personal signature the indiVillual who is swearing that the contents of the Notice of Completion are true) Philip A. Wray, City Engineer