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HomeMy WebLinkAboutC23960 Contreras Construction - Curbing/Flatwork on the Firecliff/Mountain View CoursesCITY OF PALM DESERT STAFF REPORT REQUEST: AUTHORIZE AWARD OF CONTRACT NO. C- 23960 TO CONTRERAS CONSTRUCTION CO. FOR THE INSTALLATION OF CURBING AND FLATWORK ON THE FIRECLIFF COURSE/MOUNTAIN VIEW COURSE AT THE DESERT WILLOW GOLF RESORT SUBMITTED BY: CATHERINE WALKER, SENIOR MANAGEMENT ANALYST CONTRACTOR: CONTRERAS CONSTRUCTION CO. P.O. BOX 1808 I N D I O, CA 92202 DATE: AUGUST 25, 2005 CONTENTS: CONTRACT NO. C-23960 Recommendation: By Minute Motion, that the City Council: Authorize award of a construction contract (Contract No. C- 23960 ) to Contreras Construction in the amount of $92,975 for the installation of curbing and flatwork on the Firecliff Course/Mountain View Course at the Desert Willow Golf Resort. 2. Authorize the Mayor to execute said contract; and 3. Authorize the Finance Director to set aside the amount of $9,297.50 as 10% contingency (use of contingency requires additional action). Funds are available in Account No. 241-4195-495-8092. Executive Summary: Acceptance of staffs recommendation will allow commencement of the installation of curbing and flatwork on the Firecliff Course/Mountain View Course at the Desert Willow Golf Resort. Rejection of the staff recommendation would result in the need to select a different contractor to perform the same work, or not perform the improvements at Desert Willow. G \RDAWaria HunttWPDATA\WALKER\Staff revorts\082505DWcurbingaward ooc Staff Report Award of Contract C 23960 Page 2 of 2 August 25, 2005 Discussion: to Contreras Construction Co. for DW Curbing Project Last year, staff provided for the installation of curbing at Desert Willow, with the work successfully performed by Contreras Construction Co. This project calls for the installation of approximately 3,275 linear feet of curbing, and 1,600 square feet of concrete flatwork on the cart paths located on the Mountain View/Firecliff Courses at the Desert Willow Golf Resort. The installation of curbing along the existing cart path will prevent the erosion of soil from the adjacent desert landscape; this is an on -going capital improvement project that will be addressed on an as -needed basis in future years. One bid was received from Contreras Construction Co. of Indio. Staff recommends that the bid be awarded to the sole bidder, Contreras Construction Co., in the amount of $92,975. Contreras Construction is based locally and provided sufficient information to demonstrate their history of successfully completing projects of the size and nature of this project, including the completion of a similar project at Desert Willow during 2002, 2003 and 2004. Submitted by: Catherine Walker Senior Management Analyst 'i Approval: Carlos L. Ortega, City Manager Department Head: ve Yrigoyen Director gf development/Housing ment Paul S. Gibson, Director of Finance AGREEMENT THIS AGREEMENT is made and entered into this day of 2005, by and between the City of Palm Desert hereafter called "OWNER", and Contreras Construction Inc., hereinafter called "Contractor'. WITNESSETH RECITALS: 1. Contractor has submitted to OWNER its Contractor's Proposal for the construction of OWNER Project, INSTALLATION OF CURBING AND CONCRETE FLAT WORK ON THE FIRE CLIFF COURSE/MOUNTAIN VIEW COURSE AT THE DESERT WILLOW GOLF RESORT, PROJECT NO., CONTRACT NO. C-23960 in strict accordance with the Contract Documents identified below and 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 Instructions to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The General Special Provisions; 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Special Provisions; (1) Addenda No. 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 on the date given on 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 45 calendar days from the Notice to Proceed date to the satisfaction of the OWNER's REPRESENTATIVE. J-1 G \RI)A`C'athy WalkcrWurd Uata\CUTbing Agreement dui; 3. Contractor agrees to indemnify, defend and save OWNER and its officers, agents and employees, and the OWNER'S REPRESENTATIVE 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 GS-20, GS-25 and, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. 4. Liquidated damages shall be 150 dollars per calendar day of delay. 5. 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. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. 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. 8. 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 J-2 G:\RL)A\('athy Walker\Word Data\('urbing Agreemcnt doc 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. CITY OF PALM DESERT "CONTRACTOR" (signature to be notarized) Buford A. Crites, Mayor Attest: Rachelle D. Klassen, Secretary Approved as to form: Dave Erwin, City Attorney J-3 Signature Title U `RDAVathy Walker.Word DataTurbtng Agreement doc CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION Labor Code Section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: 1. By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. 2. By securing from the Director of Industrial Relations a certificate of consent to self -insure, which may be given upon furnishing proof of satisfactory to the Director of Industrial Relations of ability to self - insure and to pay any compensation that may become due to his employees. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provision before commencing the performance of the work of this contract. Proper Name of Bidder (In accordance with Article 5 - commencing at Section 1860). Chapter 1, part 7 Division of the Labor Code, the above certificate must be signed and filed with the awardinq body prior to performinq anv work under this contract.) K-1 6 \RDA\('athv Walkcr\Word Data\Curhing Agrccmcnt.doc WORKER'S COMPENSATION/EMPLOYER'S LIABILITY ENDORSEMENT Endorsement No. A. POLICY INFORMATION 1. Insurance Company ("the Company") Policy No. 2. Effective Date of this Endorsement 3. Name Insured 4. Employer's Liability Limit (Coverage B) B. POLICY AMENDMENTS In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached hereto, it is agreed as follows: Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after forty-five (45) days' prior written notice by certified mail, return receipt requested, has been given to the OWNER. Such notice shall be addressed as shown in the heading of this endorsement. 2. Waiver of Subroqation. The Insurance Company agrees to waive all rights of subrogation against the OWNER, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the DISTRICT. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER. , warrant that I have authority to bind the (print or type name) below listed insurance company and, by my signature hereon, do so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the DISTRICT) L-1 6 \RUA\Cathy Walkcr\Word UataVurbmg Agreement doc ORGANIZATION: TITLE: ADDRESS: TELEPHONE: D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THEINSURER , warrant that I have (print/type name) authority to bind the below listed insurance company and, by my signature hereon, do so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the DISTRICT) ORGANIZATION: ADDRESS: L-2 TITLE: TELEPHONE: G \RUA`.C'athy Walker'Mord DataCurbtng Agreement doc PALM DESERT REDEVELOPMENT AGENCY PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to (hereinafter designated as the "Contractor"), an agreement dated 2005, described as follows: INSTALLATION OF CURBING AND CONCRETE FLAT WORK AT THE DESERT WILLOW GOLF RESORT, PROJECT NO., CONTRACT NO.C-23960 (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, , 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 Palm Desert Redevelopment Agency 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 dollars ($ ), said sum being not less 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 herein above, 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. 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 M G:%KDA\Cathy Walker\Wurd Data',Curbing Agreement dm 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: (Typed Name of Contractor) By: (Signature) (Typed Name and Title) The rate of premium on this bond is SURETY: (Typed Name of Surety) By: (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) The total amount of premium charged: $ (the above must be filled in by corporate surety). per thousand. 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. 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) M-2 G ',RDAK'athy Walker\Word UataCurbmg Agreement.doc PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS the City of Palm Desert has awarded to hereinafter designated as the "Principal", a contract for: INSTALLATION OF CURBING AND CONCRETE FLAT WORK AT THE DESERT WILLOW GOLF RESORT, PROJECT NO. CONTRACT NO. C-23960 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, the Principal, and as Surety, are held and firmly bound unto the Palm Desert Redevelopment Agency, hereinafter called the OWNER, in the penal sum of dollars ($ ) 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. N-1 U'RDA'•('athy Walker'.Word Data\Curhing Agreement.doc 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 , 2005. SURETY M. INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER N-2 PRINCIPAL G \RUA`.('athy Walkcr\Word DataCurbing Agreement.doc