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HomeMy WebLinkAboutC-1582CITY OF ARCADIA, CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF HUNTINGTON DRIVE 12" WATERLINE REPLACEMENT BETWEEN BALDWIN AVENUE AND HOLLY AVENUE WORK ORDER 97-690 TOTAL BID PRICE: $282,215.00 FIRE HYDRANT INSTALLATION AT VARIOUS LOCATIONS AND WATERLINE REPLACEMENT ON STANFORD DRIVE WORK ORDERS 97-555 AND 97-691 TOTAL BID PRICE: $87,500.00 AND $57,450.00 By Cash Contract NOTE: ROGER CHANDLER GAIL A. MARSHALL Should it be necessary to remove any of the contract documents for typing the proposal, etc., please reassemble and submit in original form. This is required by the City Attorney. CITY COUNCIL GARY A. KOVACIC, MAYOR WILLIAM R. KELLY CITY MANAGER PAT MALLOY MAINTENANCE SERVICES DIRECTOR ROBERT C. HARBICHT GINO RONCELLI - Y,l• e OF O CA AGREEMENT AND CONTRACT DOCUMENTS NOTICE TO PROCEED MAINTENANCE SERVICES DIRECTOR Notice is hereby given that you are authorized and directed to proceed with the following project in accordance with the contract documents: CONSTRUCTION OF HUNTINGTON DRIVE 12" WATERLINE REPLACEMENT BETWEEN BALDWIN AVENUE AND HOLLY AVENUE WORK ORDER 97 -690 FIRE HYDRANT INSTALLATION AT VARIOUS LOCATIONS AND WATERLINE REPLACEMENT AT STANFORD DRIVE WORK ORDERS 97 -555 AND 97 -691 These documents have been received and are on file with the City Clerk of the City of Arcadia: DOCUMENT The Agreement Fully Executed Faithful Performance Bond (100 %) Labor and Material Bond (100 %) Endorsements to Insurance Policy Acknowledgment of Surety Workers' Compensation Insurance Certificate Liability Insurance Policy or Certificate Copy of State Contractors License Copy of City Business License Equals A copy of the Award of Contract has been mailed by the City to the California Division of Apprenticeship Standards, Department of Industrial Relations. Date Maintenance Services Director 19 AGREEMENT TH IS AGREEMENT, made and executed this 16th day of June 19 8 , between the City of Arcadia, whose address is 240 W. Huntington Dr iVe, Arcadia, California 91007, (hereinafter referred to as "CITY ") and Engineered Plumbing, Inc. whose address is 1 80 W. Live Oak Ave., Arcadia, CA hereinafter referred to as "CONTRACTOR ". A. RECITALS City has invited bids relative to the Construction of Huntington Drive 12" Waterline Replacement Between Baldwin Avenue and Holly Avenue Work Order 97 -690, Fire Hydrant Installation at Various Locations, and Waterline Replacement at Stanford Drive Work Orders 97 -555 and 97 -691 B. Contractor has submitted a bid for the performance of the work above described and warranted to the City that it is possessed of the skills requisite in order to complete the said project. C. City has accepted the bid submitted by the Contractor and authorized the award of the contract to the Contractor. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein provided, City and Contractor agrees as follows: 1. For and in consideration of the payments and covenants hereinafter specified to be made and performed by City, Contractor shall perform and complete the following: CONSTRUCTION OF HUNTINGTON DRIVE 12" WATERLINE REPLACEMENT BETWEEN BALDWIN AVENUE AND HOLLY AVENUE WORK ORDER 97 -690 FIRE HYDRANT INSTALLATION AT VARIOUS LOCATIONS AND WATERLINE REPLACEMENT AT STANFORD DRIVE WORK ORDERS 97 -555 AND 97 -691 and to perform and complete the same in a good and workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefor; to furnish at his own cost and expense all tools, equipment, labor, services, and materials necessary therefor (except such materials, if any, as in the said specifications are stipulated to be furnished by the City), and to do everything required by this contract, special provisions, technical specifications, construction plans, drawings and details, and all addenda issued by City to the foregoing prior to the opening of bids. 2. For furnishing all said materials and labor, services, tools, and equipment, and doing all work specified herein, also arising out of the nature of the work aforesaid, 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 its acceptance by the City, and for all risks of every description connected with the work, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work in the manner specified in said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefor on the unit price basis, the total price for the several items furnished pursuant to the specifications, as set forth in Contractor's bid heretofore filed by him and accepted by City, at the times and manner specified in the Contract Documents. 3. Contractor agrees to 1 20 fra ing to the terms of this 5. (SEAL) ATTEST: Contract for price(s) named in the bid, and City agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the said contract documents. Subject to the provisions of this Contract, all terms, covenants, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto and each of their respective heirs, executors, administrators, successors, and assigns. The Notice Inviting Bids, Information Required of Bidders, Contractor's Bid, Special Provisions, Technical Specifications, Construction Plans, Drawings and Details, and all addenda issued by City to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this contract by reference and are collectively referred to therein and herein as "Contract Documents." 6. Contractor shall be responsible for compliance with the Apprenticeable Occupations Regulations of Labor Code, Section 1777.5, including compliance by all subcontractors. 7. Contractor represents and affirms that it is not affected by any labor dispute, work stoppage or strike; that the labor contracts of its subcontractors are not scheduled to expire for the term of this Contract, and that these Contracts contain "no strike" provisions. Contractor agrees that should any labor dispute, work stoppage or strike affect it or its subcontractors or any employees of same, Contractor shall continue to perform according to the work schedule and shall not be executed from non- performance and that the Contractor is subject to the Liquidated Damage provisions of this Contract for such non - performance. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF ARCADIA By �6 Mayor f' ,4 C.1 y Clerk APPROVED AS TO FORM: m e , City Attorney 21 CONTRACTOR Title 26th day of May Engineered Plumbing Incorporated FAITHFUL PERFORMANCE BOND 100% of Contract Price Bond No. CA 707225 KNOW ALL PERSONS BY THESE PRESENTS: EXECUTED IN DUPLICATE That Engineered Plumbing Incorporated hereinafter referred to as "CONTRACTOR" as PRINCIPAL, and Merchants Bonding Company A corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "CITY" in the sum of FOUR HUNDRED TWENTY SEVEN THOUSAND ONE HUNDRED SIXTY FIVE AND N0 /100 Dollars ($ 427,165.00 * * ** ) 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, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: CONSTRUCTION OF HUNTINGTON DRIVE 12" WATERLINE REPLACEMENT BETWEEN BALDWIN AVENUE AND HOLLY AVENUE WORK ORDER 97 -690 FIRE HYDRANT INSTALLATION AT VARIOUS LOCATIONS AND WATERLINE REPLACEMENT AT STANFORD DRIVE WORK ORDERS 97 -555 AND 97 -691 which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this Principal Surety 22 Merchants Bonding Company 19 98 By ( 4e(4 -, (SEAL) Matthew Robert Dobyns,Attorney in Fact State of California County of Orange personally appeared before me, a Notary (Notary, Judge, or other Officer) in and for Orange County, State of California, known to me to be the Merchants Bonding Company of the corporation that executed the foregoing, instrument, and upon oath, did depose that he is the Officer of said corporation as above designated; that he is acquainted with the seal of said corporation and that the seal affixed to said instrument is the corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes herein mentioned pursuant to its by -laws or a resolution of its Board of Directors. (SEAL) ACKNOWLEDGMENT OF SURETY ss On this 26th day of May , A. D. 1998 Matthew Robert Dobyns (Notary Public udge or other Officer) LABOR AND MATERIAL BOND (50% of Contract Price) Bond No. CA 707225 KNOW ALL PERSONS BY THESE PRESENTS: EXECUTED IN DUPLICATE That Engineered Plumbing Incorporated hereinafter referred to as "CONTRACTOR" as PRINCIPAL, and Merchants Bonding Company A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "CITY" in the sum of TWO HUNDRED THIRTEEN THOUSAND FIVE HUNDRED EIGHTY TWO AND 50 /100Dollars ($213,582.50*********), 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, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: CONSTRUCTION OF HUNTINGTON DRIVE 12" WATERLINE REPLACEMENT BETWEEN BALDWIN AVENUE AND HOLLY AVENUE WORK ORDER 97 -690 FIRE HYDRANT INSTALLATION AT VARIOUS LOCATIONS AND WATERLINE REPLACEMENT AT STANFORD DRIVE WORK ORDERS 97 -555 AND 97 -691 which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, 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 for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. By: IN WITNESS WHEREOF, we have hereunto set our hands and seals this _ 26th day of May Engineered Plumbing Incorporated Principal Surety 23 Merchants Bonding Company By: 19 98 (SEAL) Matthew Robert Dobyns, Attorney in Fact State of California County of Orange personally appeared (SEAL) ACKNOWLEDGMENT OF SURETY ss On this 26th day of May A. D 1998 before me, a Notary (Notary, Judge, or other Officer) in and for Orange County, State of California, known to me to be the Merchants Bonding Company of the corporation that executed the foregoing, instrument, and upon oath, did depose that he is the Officer of said corporation as above designated; that he is acquainted with the seal of said corporation and that the seal affixed to said instrument is the corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes herein mentioned pursuant to its by -laws or a resolution of its Board of Directors. Matthew Robert Dobyns (Notary Public,\judge or other Officer)