HomeMy WebLinkAboutC22450 Granite Construction - 2004 Resurfacing 752-04CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Award Contract No. C22450 for the 2004 Resurfacing
Program to Granite Construction Company, Inc. (Project No.
752-04)
SUBMITTED BY: Armando Rodriguez, P.E., Senior Engineer
APPLICANT: Granite Construction Company, Inc.
38-000 Monroe
Indio, California 92203
DATE: May 27, 2004
CONTENTS: Contract
Vicinity Map
Recommendation:
By Minute Motion:
1. Award Contract No. C22450 for the 2004 Resurfacing
Program, to Granite Construction Company, Inc., in
the amount of $2,226,203.00.
2. Approve a contingency in the amount of $222,620.30.
3. Appropriate $75,000.00 from un-obligated Measure
"A" to account 213-4342-433-4001 for the Highway
111 at San Pablo Avenue Median Improvement
(Project 665-02)
4. Appropriate $71,000.00 from un-obligated Measure
"A" to account 213-4613-433-4001 for the Monterey
Avenue Park View Drive (College of the Desert)
project (Project 665-02)
5. Authorize the Mayor to execute said contract.
Executive Summary:
The street surfacing/overlay program is an annual City project. The
streets to be overlaid with rubberized asphalt are shown in the attached
Staff Report -Award 2004 Resurfacing Program
Page 2of 3
May 27, 2004
exhibits. Anticipating cost effectiveness, staff also added the needed
median improvements at the following intersections: Monterey
Avenue/Park View Drive and Highway 111/San Pablo Avenue to the
overlay program. On May 7, 2004, at 12:00 a.m., Staff received bids for
these improvements. Staff has reviewed these bids and recommends,
that City Council award the 2004 Resurfacing Program to Granite
Construction.
Discussion:
Each year certain streets within the City of Palm Desert are identified as requiring
resurfacing. Two medians were also identified as requiring modification to
increase their turning movement storage capacity. Currently, the stacking
capabilities cannot handle the existing volume of traffic. Because these median
areas overlap with streets currently identified for resurfacing work, staff combined
them with the resurfacing program to eliminate unnecessary public
inconvenience, reduce costs, and save time.
The two median projects in question are the south bound San Pablo Avenue at
Highway 111 left turn pocket, and the south bound Monterey Avenue at Park
View Drive (College of the Desert) left turn pocket. Funding for these two
projects is currently scheduled for the next fiscal year. Staff requests that the
funding of the two median projects be moved to this fiscal year to coincide with
the resurfacing program.
On March 31, 2004, staff advertised and called for bids for Contract No. C22450,
which included the 2004 Resurfacing Program and Median Improvements on
San Pablo Avenue at Highway 111 and on Monterey Avenue at Park View Drive.
On May 7, 2004 at 12:00 Noon the bids were opened by the City Clerk and read
aloud. The results are as follows:
Yeager Skanska, Inc. (Riverside, CA)
Granite Construction Company, Inc. (Indio, CA)
$2,698,324.17
$2,226,203.00
Funds for this project are available in the Traffic Fund, Measure "A" Funds, and
the 2004 Resurfacing Fund.
G: {PubWorkstPROJECTSl752-04{Staf Repats1STAFF REPORT -Award Granite.dot
Staff Report -Award 2004 Resurfacing Program
Page3of3
May 27, 2004
Therefore, staff recommends, that City Council, by minute motion; award
Contract No. C22450 for the 2004 Resurfacing Program, to Granite Construction
Company, Inc., in the amount of $2,226,203.00, approve a contingency in the
amount of $222,620.30. appropriate $75,000.00 form un-obligated Measure "A"
to account 213-4342-433-4001 for the Highway 111 at San Pablo project,
Appropriate $71,000.00 from un-obligated Measure "A" to account 213-4613-
433-4001 for the Monterey Ave at Park View Drive (College of the Desert)
project, and authorize the mayor to execute the same.
Submitted By:
Armando Rodri
Senior Engineer
Approval:
Department Head:
Michael Errante, P.E.
Director of Public Works
ate/
ACM for Devel ment Services Finance Director
City Manager
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AGREEMENT
THIS AGREEMENT is made and entered into this 27th day
of May , 2004_, by and between City of Palm Desert,
California, hereafter called "Owner", and Granite Construction
Company, Inc. hereinafter called "Contractor".
WITNESSETH
RECITALS:
Contractor has submitted to Owner its Contractor's Proposal for the
construction of Owner Project,
1. 2004 Resurfacing Program, PROJECT NO. 752-04, CONTRACT NO.
C22450, in strict accordance with the Contract Documents identified
below, Owner has accepted said Proposal.
2. Contractor states that it has re-examined its Contractor's Proposal and
found it to be correct, has ascertained that its Subcontractors are properly
licensed and possess the requisite skill and forces, has examined the site
and Contract in accordance with the Contract Documents for the money
set forth in its Proposal to be paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders;
(d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The
Performance Bond; (g) The Payment Bond; (h) The General Conditions;
(i) The Special Provisions; (j) The Standard Specifications as modified in
other portions of the Contract Documents; (k) The Plans; (I) Addenda
Nos. 1 ; (m) The Determination of Prevailing Wage Rates for
Public Work; (n) Any Change Orders issued; (o) Any additional or
supplemental specifications, notices, instructions and drawings issued in
accordance with the provisions of the Contract Documents. All of said
Documents .presently in existence are by this reference incorporated
herein as if here set forth in full and upon the proper issuance of their
documents they shall likewise be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the
date of the Notice to Proceed and will do all things necessary to construct
the work generally described in Recital No. 1 in accordance with the
Contract Documents and will complete said work within 90 (Ninety)
calendar days from the Notice to Proceed date to the satisfaction of the
Engineer.
3. Contractor agrees to indemnify, defend and save Owner and its officers,
agents and employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person
or other entity, including injury to Contractor's employees, and all
claims which arise from or are connected with the negligent
performance of or failure to perform the work or other obligations of
this Agreement, or which are caused or which are claimed to be
caused by the negligent or intentional acts or omissions of Contractor,
its subcontractors, its agents or employees, and, all expenses of
investigating and defending against same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material -men, laborers, or any other
person, firm or corporation furnishing or supplying work, services,
materials or supplies in connection with the performance of the
Agreement.
Attention is directed to the General Specifications pages 25-26 and 33-37,
which specifications are made part of this Agreement as set forth in
Agreement paragraph 1, above.
Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to the substitute the "City of Palm
Desert" in place of "Agency." Liquidated damages shall be $1,000 dollars
per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the
prevailing party in any such litigation, being the Owner or the Contractor,
should be entitled to a reasonable sum for attorney's fees incurred in any
such litigation relating to this Contract.
5. This Agreement shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns.
1. Contractor shall be paid in the manner set forth in the Contract
Documents the amount of its Proposal as accepted by Owner,
subject to such additions and deductions as may be made pursuant
to the Contact Documents and applicable law.
Satisfactory Performance
The prime Contractor agrees to pay each Subcontractor under this prime
contract for satisfactory performance of its contract no later than 10 days
from the receipt of each payment the prime Contractor receives from City
of Palm Desert. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written
approval of the City of Palm Desert.
Release of Retention
The prime Contractor agrees further to release retention payments to each
Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the
above referenced time frame may occur only for good cause following
written approval of the City of Palm Desert.
6. Execution of the Agreement by the parties constitutes their agreement to
abide by all applicable provisions of the California Labor Code; constitutes
Contractor's certification that he is aware of the provisions of said Code
and will comply with them; and further constitutes Contractor's certification
as follows:
"I am aware of the provisions of Section 3700 of the California
Labor Code which requires 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 I will comply
with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to
be executed by their duly authorized officials, this Agreement which shall be
deemed an original on the date first above written.
Contractor:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
Owner:
BY: ATTEST BY:
Signature to be notarized
TITLE:Mayor of Palm Desert, CA
APPROVED AS TO CONTENT:
TITLE:City Clerk of Palm Desert, CA
MICHAEL J. ERRANTE DAVID J. ERWIN,
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
CONTRACT NO.C22450
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert
has awarded to Granite Construction Company, Inc. hereinafter designated as the
"Principal", a contract for:
PROJECT NO. 752-04
2004 Resurfacing Program
WHEREAS, said Principal is required under the terms of said contract to furnish
a good and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, Granite Construction Company, Inc., the Principal, and
as Surety, are held and firmly bound
unto the City of Palm Desert hereinafter called0 the OWNER, in the penal sum of Two
million, two hundred twenty-six thousand, two hundred and three and no/100 Dollars
($2,226,203.00), being 100% of the contract amount in lawful money of the United
States of America for the payment of which sum well and truly to be made, we hereby
bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the OWNER, its officers and agents, as therein stipulated,
then this obligation shall become null and void; otherwise, it shall be and remain in full
force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to 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, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the OWNER to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
G:\PubWorks\PROJECTS\752-04\Contracts\CONTRACT AGREEMENTBonds.doc
CONTRACT NO.C22450
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of
20
SURETY
BY:
INSURANCE COMPANY and/or AGENT:
ADDRESS:
PRINCIPAL
BY:
TELEPHONE NUMBER:
G:1PubWorks\PROJECTS1752-041Contracts\CONTRACT AGREEMENTBonds.doc
CONTRACT NO.C22450
CITY OF PALM DESERT
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Granite Construction Company, Inc. (hereinafter designated
as the "Contractor"), an agreement dated May 27, 2004 described as follows: 2004
Resurfacing Program, Project No. 752-04 (hereinafter referred to as the "Contract"); and
WHEREAS, said Contractor is required to furnish a bond in connection with said
Contract, and pursuant to Section 3247 of the California Civil Code;
NOW, THEREFORE, we, Granite Construction Company, Inc. the undersigned
Contractor, as Principal, and
a corporation organized and existing under the laws of the State of and duly
authorized to transact business under the laws of the State of California, as Surety, are
held and firmly bound unto the City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop notices under Section 3181 of the
California Civil Code, in the sum of Two million, two hundred twenty-six thousand, two
hundred and three and no/00 Dollars ($2,226,203.00), said sum being not Tess than one
hundred percent (100%) of the total amount payable by the said Obligee under the
terms of the said Contract, for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its
heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to
pay for any materials, provisions or other supplies, implements, machinery or power
used in, upon, for or about the performance of the Public Work contracted to be done,
or to pay any person for any work or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of said Contractor and his or its Subcontractors pursuant to Section 13020
of the Unemployment Insurance Code with respect to such work and labor as required
by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts
required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal
Revenue Service from the wages of employees of the Contractor or his or its
Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not
exceeding the sum specified in this bond, otherwise the above obligation shall be void.
In addition to the provisions hereinabove, it is agreed that this bond will inure to the
benefit of any and all persons, companies and corporations entitled to serve stop
notices under Section 3181 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
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CONTRACT NO.C22450
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the said Contract or to the work to be
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between the Obligee and the Contractor hereunder shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if the Obligee is required to engage the services of an
attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAL/CONTRACTOR: SURETY:
(Typed Name of Contractor) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney -in -Fact)
(Typed Name and Title) (Typed Name of Attorney -in -Fact)
The rate of premium on this bond is per thousand.
The total amount of premium charged: $
(the above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended). THIS
IS A REQUIRED FORM.
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CONTRACT NO.C22450
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent
or representative for service of process in
California if different from above)
G:1PubWorks\PROJECTS1752-041Contracts\CONTRACT AGREEMENTBonds.doc