The URL can be used to link to this page

Home My WebLink AboutC24460 Highlands Utility Undrgrnding AD 04-01CITY OF PALM DESERT CITY MANAGERS OFFICE STAFF REPORT TO: Honorable Mayor and City Council Members SUBJECT: AWARD OF CONTRACT NO. C-24460, PALM DESERT HIGHLANDS UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01, TO CONTRACTOR HERMAN WEISSKER, INC. SUBMITTED BY: Patrick Conlon, Special Projects Administrator DATE: August 24, 2006 ATTACHMENTS: 1) Contract No. C-24460 RECOMMENDATION By Minute Motion: 1. Authorize the award of Contract No. C-24460 to Herman Weissker, Inc. (Bloomington, CA) in the amount of $4,711,744.43 for the installation of underground substructures, conduit, and service work required for utility undergrounding. 2. Authorize the Director of Finance to appropriate $4,711,744.43 for this contract and Authorize the appropriation of a 5% contingency in the amount of $235,587.00 for this contract. DISCUSSION In February of this year this project was advertised for public bids, which ended on March 13. Two contractors returned bids and the result is as follows: 1. Herman Weissker, Inc., Bloomington, California $4,711,744.43 2. Par Electrical Contractors, Inc., Fontana, California $5,600,942.18 Herman Weissker, Inc. is well known by staff, having completed several successful undergrounding projects for the City in previous years (e.g. undergrounding on Cook Street, Frank Sinatra, and Highway 74). With the approval of this contract, work is scheduled to begin in September, and the timeline of the four different phases of work on this project is estimated as follows: G1CttyMgrVme StanleylWord FUeslPat Ca sionlReports & Memoslfligldw ds Contmct C-?l160 8-7l-06.doc Page I oj? Staff Report Award of Contract No. C-24460 August 24, 2006 Page 2of2 1. Street substructures — 80 days 2. SCE and Verizon cabling — 90 days 3. Service connections — 60 days 4. Removal of overhead wires, poles — 60 days Complete on December 15, 2006 Complete in March 2007 Complete in June 2007 Complete in August 2007 If you have any questions, please contact Patrick Conlon. Submitted by: Approved by: Patr' k Conlon Carlos Ortega Special Projects Administrator City Manager Approved by: Paul Gibson Director of Finance --ITY COUNCI�CTION: APPROVED- . DENIED . FtECE TIED OTHER— .....ter,. T?VBY: f,XESBSEN=�:3STARIF Original on F.ie jai Cit-- GACi(yMgrWane SYanleylWord RleslPet ConlonlReports & Memcs fthlands Contract C-24460 6-24-06.doc AGREEMENT THIS AGREEMENT is made and entered into this 24th day of August , 2006 , by and between City of Palm Desert, California, hereafter called "AGENCY", and Herman Weissker,Inc hereinafter called "Contractor". WITNESSETH RECITALS: Contractor has submitted to AGENCY its Contractor's Proposal for the construction of AGENCY Project, 1. PALM DESERT HIGHLANDS - UTILITY UNDERGROUNDING — ASSESSMENT DISTRICT NO. 04-01, PROJECT NO. 826-06, CONTRACT NO. C- 24460 in strict accordance with the Contract Documents identified below and AGENCY 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. 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 Specifications; (i) The Special Provisions; 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos._ and _; (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 TWO HUNDRED SEVENTY (270) calendar days from the Notice to Proceed date to the satisfaction of the AGENCY's Representative. All work in the public right-of-way will be completed within J-1 eighty calendar days from the Notice to Proceed date to the satisfaction of the AGENCY's Representative. 3. Contractor agrees to indemnify, defend and save AGENCY 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 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 Conversion with the performance of the Agreement. Attention is directed to the General Specifications pages GS-16, GS-23, and GS-24, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. 4. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard SpecificationsFor Public Works Construction, latest edition, and is hereby amended to the substitute the City of Palm Desert and the City of Palm Desert in place of the Agency. Liquidated damages shall be $500.00 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 AGENCY 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 AGENCY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. 8. Contractor shall maintain compliance with all provisions of CAL OSHA standards and regulations. Contractor acknowledges and agrees to be defined as the controlling employer at the job site. As the controlling employer, the Contractor shall take reasonable steps to ensure that all subcontractors maintain compliance with CAL OSHA Standards and regulations. J-2 9. 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. CITY OF PALM DESERT "CONTRACTOR" (signature to be notarized) Jim Furguson, Mayor Attest: City Clerk Approved as to content David J. Erwin, City Attorney am Signature Title J-3