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HomeMy WebLinkAbout1994-012 Agmt. for Equipment Replace. Wastewater Pumping Station # 2 J RR NOY ; 6M City of Atascadero tl ITY OF ATASCADERO Wastewater Operations Division ITYCLERK'S OFFICE BID # 93-10 BID FORM Sealed Proposals for furnishing to the City of Atascadero all labor, materials, equipment, transportation, services and supplies necessary to complete this project, will be received by the City Clerk of the City of Atascadero at 6500 Palma Avenue, Room 208, Atascadero, California, 93422, until November 16, 1993 at 2 : 00 p.m. Promptly thereafter, all proposals that have been duly received will be publicly opened and read aloud. The undersigned bid for furnishing to the City of Atascadero all labor, materials, equipment, transportation, services and supplies necessary to complete this project is as follows: In compliance with this invitation for bid, and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid is accepted within sixty (60) days from the date of the opening, to complete this project at the price quoted. BIDDER: TITLE: ADDRESS: � � / � �"✓` / DATE:— //—/C ' Please place this bid in a sealed envelope marked Bid No. 93-10 and address to: City of Atascadero Office of the City Clerk 6500 Palma Avenue Atascadero CA 93422 The City of Atascadero reserves the right to reject all bids, or to accept or reject any portion thereof unless otherwise specified by the bidders. BID SUMMARY TO: Mark Markwort, Chief Waste Water Operations FROM: Lee Raboin �- City Clerk'` v BID NO.: 93-10 OPENED : 11/16/93 2:00 p.m. PROJECT: WASTEWATER PUMP STATION NO. 2 EQUIPMENT REPLACEMENT One bid was received and opened today, as follows: Contractor Total Bid R. Baker, Inc. $47,450.00 P.O. box 419 Arroyo Grande, CA 93421 Attachment: Bid Form - R. Baker, Inc. -00i;,.iact 'iso. 94012 A4REEMENT For WASTEWATER PUMPING STATION #2 EQUIPMENT REPLACEMENT is $ reement� ��is made and entered .into this —1 day of 197`, at Atascadero, California, by and between the C y o tascad o, hereinafter referred to as the "citylt, and -c . hereinafter referred to as the "Contractor". Whereas, the Contractor, as will appear by reference to the records of the Proceedings of the city, was duly awarded the contract for the Wdrk hereinafter mentioned. Now, Therefore, it is hereby agreed that.- Article hat:Article 1 - Witnesseth, that for and in consideration of the payment and agreements hereinafter mentioned, to be made and performed by said city, and under the conditions expressed in the two bands, bearing even date with these present, and hereunto annexed, said Contractor agrees with said city, at its own cost and expense, to do all the work and furnish all materials, except such as are mentioned in the Contract Documents to be furnished by the City, necessary to construct and complete in good, workmanlike and substantial manner the above-described work in accordance with the Contract Documents as listed herein and are by such reference made a part hereof. Article 2 - The said City hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, and administrators. Article 3 - The said Contractor agrees to receive and accept the price stated in the said Sheet(s) as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance, by the said City and for all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and for well and faithfully completing the Work, and the whole thereof in the manner and according to the requirements of the Contract Documents therefore, and the requirements of the Engineer under their terms, to wit: MODCONDOO.AT Agreement - 1 REL MM 02/94 Article 4 - It is expressly agreed by and between the parties hereto that the Contract Documents shall consist of the Request for Quotaton, Bid Sheet, Certification of Affirmative Action Program, Contractor's Licensing Statement, List of subcontractors, Bid security, Agreement, Faithful Performance Bond, Labor and Materials Bond, Maintenance Bond, Worker's Compensation Certificate, Notice of Award, Notice to Proceed Specifications, Special Conditions, and Technical Specifications In addition, all Change orders and Work Directive changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof, the terms of said documents shall control over each other in the following order: 1. Agreement 2 . change Orders and Work Directive Changes 3. Addenda 4. Specifications 5. City of Atascadero Standard Specifications and Drawings 6. State of California Department of Transportation Standard Specifications, January 1988, or the latest edition thereof. Article 5 - The Contractor agrees to commence work pursuant to this Contract within 10 working days from the date specified in the Notice to proceed, and to diligently prosecute the same to completion within 90 calendar days from the date of commencement as specified in the Notice To Proceed. Article 6 - For any withheld of amounts earned by the Contractor (under paragraph 2) , the Contractor may substitute securities as provided in Section 22300 of the public Contract Code, as amended, which states in part as follows: Provisions shall be included in any invitation fo]r bid and in any contract documents to permit the substitution of securities for any moneys withheld by a public agency to ensure performance under a contract, provided that substitution of securities provisions shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 V.S.C. Sec. 1921 et seq. ) , and where federal regulations or policies, or both, do not allows the substitution of securities. At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such moneys to the contractor. Upon satisfactory completion of the contract, the securities shall be returned to the contractor. MODCONDOC.AT Agreement - Z REL MM 02/94 Alternatively, the contractor may request and the owner shall make payment of retentions earned directly to the escrow agent at the expense of the contractor. At the expense of the contractor, the contractor may direct the investment of the payments into securities and the contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the contractor. Upon satisfactory completion of the contract, the contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section. The contractor shall pay to each subcontractor, not later than 20 days of receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to ensure the performance of the contractor. securities eligible for investment under this section shall include those listed in Section 16430 or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the contractor and the public agency. The contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall, receive any interest thereon. The escrow agreement entered into must be substantially similar to the form included in Public Contract Cotte Section 22300(e) . The contractor shall obtain the written consent of the surety to such agreement. if any provision of this SECTION shall be declared by a court of law to be illegal or unenforceable, then, notwithstanding, this SECTION shall remain in full force and effect (exclusive of the illegal or unenforceable provision) . MODCONDOC.AT Agreement - 3 REL MM 02/94 In Witness whereof, the parties to these present hereunto set their hands on the date first above written. City of Atascadero. ATTEST: By Robert P. Nimmo, Mayor Ftaboi.n, C ty Clerk By ---Z/-v LO tractor Typed or Prsn ed s g ature Title Approved as to form: Art er R. Mo tared n City Attorney MODCONDOC.AT Agreement - 4 REI, NX 02/94 FAITHFUL ]PERFORMANCE BOND Bond Premium KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Atascadero, State of California, by Resolution adopted on January 25, 1994, has awarded to R. Baker, Inc. hereinafter designated as the "Principal", a contract for construction of wastewater pumping Station #Z Equipment Replacement in strict conformity with the plans, and specifications dated October 11, 1993, now on file in the office of the Director of Public Works of the City of Atascadero; and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract; NOW, THEREFORE, WE as Principal., hereinafter designated as the "Contractor" and as surety, are held and firmly bound unto the City of Atascadero, in the sum of Dollars ($ ) , said sum being one hundred percent of the estimated amount payable by the said City of Atascadero under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded 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 said Contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein meaning and shall indemnify and save harmless the City of Atascadero, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications and Special Provisions accompanying the same shall in any way affect its obligations on this band, and it does hereby waive notice of any change,extensiQn of time, alteration or addition to the terms of the Contract or to the work or to the said Specification and special Provisions. MODCONDOC.AT Faithful Performance - 1 REL MM 0294 lw p+ IN 'WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the day of 19—. Address of Contractor: (seal) _ (seal) Address of Surety: (seal) (seal) MOpCONUOC.AT Faithful Performance - 2 REL MM 02/94 LABOR AND MATERIAL BOND Bond f Premium KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Atascadero State of California, by Resolution adopted on they 25 day of January, 1999 has awarded to R. Baker, Inc. hereinafter designated as the "Principal", a contract for construction of Wastewater Pumping Station #2 Equipment Replacement in strict conformity with the plans and specifications dated October il, 1993, now on file in the office of the Director of Public Works of the City of Atascadero; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said principal, or any of his or its sub-contractors shall fail to pay for any materials, provisions, provender or any other supplies or teams 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, the Surety on this bond will pay the same to the extent hereinafter set forth; NOW, THEREFORE, WE as Principal, hereinafter designated as the "Contractor" and as Surety, are held and firmly bound unto the City of Atascadero, in the sum of Dollars ($ ) , said sum being one hundred percent of the estimated amount payable by the said City of Atascadero under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded contractor, his or its heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams 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, as required by the provisions of an act of the Legislature of the State of California, entitled; "An act to secure the payment of claims of persons employed by Contractors upon Public works, and the claims of persons who furnish materials, supplies, teams, implements or machinery used or consumed by such contractors in the performance of such works, and prescribing the MODCONDOC.AT Labor and Material - 1 REL MM 02/94 14wo duties of certain public officers with respect thereto'' approved May 10, 1919, as amended, and provided that the person, companies or corporations so furnishing said materials, provisions, provender or other supplies, teams, appliances or power used, in upon, for or about the performance of the work contracted to be executed or performed by any person, company or corporation renting or hiring teams or implements or machinery or power for or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said Act, then surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay, in case suit is brought upon this Bond, such reasonable Attorney's fees as shall be fixed by the Court, awarded and taxed as in the above mentioned statute provided. This Bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this Bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the term of the contract or to the Work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above-named, on the day of Address of Contractor: (seal) (seal) Address of Surety: (seal) (seal) MODOONDOC.AT Labor and Material - 2 REL MM 02/94 `wr+ MAINTENANCE $OND The form is to be supplied by the Contractor for review by the City Attorney. MODCONDOC.AT Maintenance Bond - 1 RET, MM 02/94 WORKERIS COMPENSATION INSURANCE CERTIFICATE Prior to execution of the Contract Agreement, the Contractor shall execute the following form as required by Sections 1860 and 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the 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 said Code, and. I will comply with such provisions before commencing the performance of the work of this Contract. Date 3 /G• Zit1G� , Contrac Signature Title Attest: By ature Title MODCONDOC.AT Worker's Compensation - 1 g.Rr, MM 02/94 1 � . IWO z--4� RESOLUTION NO. 05-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH R. BAKER, INC. FOR WASTEWATER PUMPING STATION #2 EQUIPMENT REPLACEMENT The City Council of the City of Atascadero, California hereby resolves as follows: 1 . The Mayor is hereby authorized to execute an agreement with R. Baker, Inc. for the replacement of equipment of Wastewater Pumping Station #2. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 25th day of January, 1994. ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO CONTENT: ARTHER R. M NTA ON, City Attorney BID SUMMARY TO: Mark Markwort, Chief Waste Water Operations FROM: Lee Raboin ;� L City Clerk' BID NO.: 93-10 OPENED : 11/16/93 2:00 p.m. PROJECT: WASTEWATER PUMP STATION NO. 2 EQUIPMENT REPLACEMENT One bid was received and opened today, as follows: Contractor Total Bid R. Baker, Inc. $47,450.00 P.O. box 419 Arroyo Grande, CA 93421 Attachment: Bid Form - R. Baker, Inc. low NOV 1 610 p City of Atascadero CITY OF ATASCADEROqN CLERICS OFFICEWastewater Operations Division BID # 93-10 HID FORM Sealed Proposals for furnishing to the City of Atascadero all labor, materials, equipment, transportation, services and supplies necessary to complete this project, will be received by the City Clerk of the City of Atascadero at 6500 Palma Avenue, Room 208, Atascadero, California, 93422, until November 16, 1993 at 2:00 p.m. Promptly thereafter, all proposals that have been duly received will be publicly opened and read aloud. The undersigned bid for furnishing to the City of Atascadero all labor, materials, equipment, transportation, services and supplies necessary to complete this project is as follows: In compliance with this invitation for bid, and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid is accepted within sixty (60) days from the date of the opening, to complete this project at the price quoted. BIDDER: TITLE: )CJ�v ADDRESS: ��, 7 Y`✓` J Gy GGi DATE:— Please ATE:Please place this bid in a sealed envelope marked Bid No. 93-10 and address to: City of Atascadero office of the City Clerk 6500 Palma Avenue Atascadero CA 93422 The City of Atascadero reserves the right to reject all bids, or to accept or reject any portion thereof unless otherwise specified by the bidders.