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HomeMy WebLinkAboutC26030A-C Westfield Bus Bay Project* Continued to the meeting of February 22, 2007, with staff to set up a meeting between SunLine, City Council -members Spiegel and Benson, and appropriate staff to discuss the project in the interim. MEETING DATE CONTINUED TO a -0 INTEROFFICE MEMORA DVIIIPASSED TO 2ND READING Community Services Di City of Palm Desert REQUEST: Award Contracts for Westfield Bus Bay Project SUBMITTED BY: Frankie Riddle, Director of Special Programs DATE: February 8, 2007 CONTENTS: 1. Contreras Construction Contract No. C26030A 2. All Purpose Manufacturing Contract No. C26030B 3. Hort Tech, Inc. Contract No. C26030C 1. RECOMMENDATION: By Minute Motion, approve the following: 1. Award Contract to Contreras Construction, 44-917 Golf Center Parkway, #10, Indio, CA 92202 in the amount of $283,000 2. Award Contract to All Purpose Manufacturing, 614 Airport Road, Oceanside, CA 92054 in the amount of $125,000 3. Award Contract to Hort Tech, Inc., 78-355 Darby Road, Bermuda Dunes, CA 92201-0 in an amount not to exceed $50,000 4. Approve Contingency in the amount of $77,602; and II. EXECUTIVE SUMMARY: The funds to undertake this project in the amount of $535,602 originate from the retention funds from the City/Westfield parking easement purchase. Westfield requested that the City undertake the project and staff has recently contacted Norine Bowen, General Manager of Westfield, to provide an update on the status of the project. Ms Bowen indicated that the mall was onboard and ready to proceed with the project. The project is proposed to commence by the end of February with an estimated completion date of April 30, 2007. III. BACKGRUOND: City Council at its meeting of November 16, 2006, approved the negotiation with individual firms to complete the Westfield Bus Bay Project. Staff has been working with above named firms to undertake this project and have established scopes of work addressing each area to be completed. The firms have agreed to undertake this project and are ready to commence work by mid -March or sooner. City Council Staff Report February 8, 2007 Refresher of Proiect History: In 2004 Westfield had requested that the City of Palm Desert take on the responsibility of designing and building the bus bay project located on Town Center Way and that it would provide the funding for the project. At its meeting of September 24, 2004, City Council authorized staff to complete the design and construction of the Westfield Bus Bay Project. However, during 2004/05 Westfield went through various management changes and did not submit a signed agreement until May 2005 resulting in the project being delayed. The agreement authorizes the City to manage the project and utilize a portion of the retention funds from the City/Westfield parking easement purchase. Funds in the amount of $535,602 were retained for the bus turnout, and bus shelter(s), landscaping, street, and sidewalk improvements on Town Center Way. SunLine then went through a transition as well as undertaking the process of developing a Comprehensive Operational Analysis Plan. Mr. Oglesby, General Manager, requested that the City place the project on hold until the Plan was completed as it dealt with existing and future public transportation needs, including bus stops and amenities. The Plan was not completed until March/April of 2006. On July 3, 2006, letters were mailed to several architectural/engineering firms requesting the submittal of proposals for the design of this project. However, only one proposal was received in the amount of $165,500. The proposal amount was approximately 30.5% of the total project budget of $535,602. Staff met on November 7, 2006, to discuss the options available for completing this project. Per the outcome of the meeting, staff decided to undertake the design phase of this project in-house utilizing City staff and to request City Council approval to negotiate with firms to undertake the construction/fabrication work for the project (e.g., street and sidewalk improvements, landscaping, and bus shelters). Council approved this request at its meeting of November 16, 2006. Considering the various undertakings of staff to complete this project and that the costs associated with the project are now within the budget, staff recommends that City Council award the above contracts and authorize staff to proceed with the project. Submitted By: Frankie Riddle Director of Special Program cur: Approval: Carlos L. Ort City Manager 61,Inat Sheila R. Gilligan Paul S. Gibson ACM of Community Services Director of Finance AGREEMENT CONTRACT No. c26030A THIS AGREEMENT is made and entered into this day of , 20_, by and between City of Palm Desert, California, hereafter called "Owner", and Contreras Construction hereinafter called "Contractor". WITNESSETH RECITALS: 1. Contractor has submitted to Owner its Contractor's Proposal for the construction of Owner Project, Contract No. City of Palm Desert, WESTFIELD BUS BAY PROJECT in strict accordance with the Plans and Contract Documents provided by City 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. 3. STATEMENT OF WORK: The contractor hereby agrees to furnish all tools, equipment, service, apparatus, facilities, transportation, labor and materials for the Westfield Bus Bay Project for street improvements, curb and gutter, sidewalk, grading, demolition, utilities, bus turnout, bus pad, and any and all work associated with the project except the design and build of the bus shelter(s) and actual installation of landscaping materials, and relocation of trees. Work will be undertaken in accordance with the Modified Plans, Project Documents, and other information provided. Contractor shall coordinate all work with all other subcontractors, utilities, vendors, and parties involved with the project except as otherwise discussed with the City. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Contractor's Proposal; (c) The Performance Bond; (d) The Plans, (e) Insurance; and (f) all other documents required by California law. 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 and agreed to by both parties and will complete said work within forty-five (45) calendar days from the Notice to Proceed date to the satisfaction of Frankie Riddle. Director of Special Programs. Contract No. C26030A 3. That the Contractor agrees to indemnify, defend, and hold harmless the City and Westfield Shopping Town, its officers, agents and employees, and the Architect, from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement. 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 attomey'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. 6. Contractor shall be paid in the amount of $283,000 as submitted in the proposal in the manner set forth in the Contract as accepted by Owner, subject to such additions and deductions as may be made pursuant to prior approval by the City and applicable law. 7. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the Califomia 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." 8. CONTRACTOR and OWNER do hereby acknowledge that this project is partially or fully funded with Redevelopment funds and is thereby subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations. Any sub -tier Contracts resulting from its contract must contain the same contractual language as the original contract. DAVIS-BACON REQUIRMENTS: This is a federal -assisted project and Davis -Bacon and Fair Labor Standards Act will be enforced. If the project is subject to the State of California "Prevailing Wage Rates" the higher of the two (State or Federal) wage rates for the given wage classification prevails. The applicable Wage Determination for said project is the one published at time of contract award. Prior to being authorized to participate on the project, all contractors shall be verified for eligibility thorough current State of California or other list of Debarred, Suspended, or any Ineligible Participants and the general services administration's consolidated list of debarred, suspended, and ineligible contractors. Contract No. C26030A HOLD HARMLESS CLAUSE Contractor shall hold the City of Palm Desert and Westfield Shopping Town, its officers, employees and agents free and harmless from all claims, actions, damages and liabilities of whatsoever kind, nature of sort arising from wrongful death, personal injury, property damage or other cause asserted or based upon any negligent act or omission of Contractor, its employees, agents, invitees, or any subcontractor relating to or in any way connected with the accomplishments of the work or performance of services under this Agreement, whether or not such acts or omissions were in furtherance of the work required by the contract documents. As part hereto of the foregoing indemnity, Contractor agrees to protect and to defend at its own expense, including attomey's fees, City of Palm Desert, its officers, Agents and employees from any and all legal action based upon any negligent acts or omissions of the Contractor. ADDITIONALLY INSURED CLAUSE The Certificate of Insurance supplied to the City of Palm Desert shall name the City and Westfield, its officers, employees, agents, and independent contractors as "additional insured" and shall specify that the City of Palm Desert be given thirty days (30) prior written notice of any modification, decrease or termination of the Contractor's insurance coverage. Such insurance shall be subject to approval by the City of Palm Desert. 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" By: By: Mayor Title Attest: Attest: City Clerk Approved as to content: Title David J. Erwin, City Attomey AGREEMENT CONTRACT No, C26030B THIS AGREEMENT is made and entered into this day of , 20_, by and between City of Palm Desert, California, hereafter called "Owner", and All Purpose Manufacturing hereinafter called "Contractor". WITNESSETH RECITALS: 1. Contractor has submitted to Owner its Contractor's Proposal for the construction of Owner Project, Contract No. City of Palm Desert, WESTFIELD BUS BAY PROJECT in strict accordance with the Plans and Contract Documents provided by City 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. 3. STATEMENT OF WORK: The contractor hereby agrees to furnish all tools, equipment, service, apparatus, facilities, transportation, labor and materials for the Westfield Bus Bay Project. In strict accordance with the Plans, Specifications, and other information provided. Contractor shall coordinate all work with all other subcontractors, utilities, vendors, and parties involved with the project except as otherwise discussed with the City. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Contractor's Proposal; (c) The Plans, (d) Insurance; and (e) all other documents required by Califomia law. 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 design, fabricate, and install work generally described in Recital No. 1 and agreed to by both parties and will complete said work within sixty (60) calendar days from the Notice to Proceed date to the satisfaction of Frankie Riddle, Director of Special Programs. 3. That the Contractor agrees to indemnify, defend, and hold harmless the City and Westfield Shopping Town, its officers, agents and employees, and the Contract No. C26030B Architect, from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement. 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. 6. Contractor shall be paid in the manner set forth in the proposal as accepted by Owner, subject to such additions and deductions as may be made pursuant to prior approval by the City and applicable law. 7. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the Califomia 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." 8. CONTRACTOR and OWNER do hereby acknowledge that this project is partially or fully funded with Redevelopment funds and is thereby subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations. Any sub -tier Contracts resulting from its contract must contain the same contractual language as the original contract. DAVIS-BACON REQUIRMENTS: This is a federal -assisted project and Davis -Bacon and Fair Labor Standards Act will be enforced. If the project is subject to the State of Califomia "Prevailing Wage Rates" the higher of the two (State or Federal) wage rates for the given wage classification prevails. The applicable Wage Determination for said project is the one published at time of contract award. Prior to being authorized to participate on the project, all contractors shall be verified for eligibility through the current State of California or other List of Debarred, Suspended, or any Ineligible Participants and the general services administration's consolidated list of debarred, suspended, and ineligible contractors. Contract No. C2603011 HOLD HARMLESS CLAUSE Contractor shall hold the City of Palm Desert and Westfield Shopping Town, its officers, employees and agents free and harmless from all claims, actions, damages and liabilities of whatsoever kind, nature of sort arising from wrongful death, personal injury, property damage or other cause asserted or based upon any negligent act or omission of Contractor, its employees, agents, invitees, or any subcontractor relating to or in any way connected with the accomplishments of the work or performance of services under this Agreement, whether or not such acts or omissions were in furtherance of the work required by the contract documents. As part hereto of the foregoing indemnity, Contractor agrees to protect and to defend at its own expense, including attorney's fees, City of Palm Desert, its officers, Agents and employees from any and all legal action based upon any negligent acts or omissions of the Contractor. ADDITIONALLY INSURED CLAUSE The Certificate of Insurance supplied to the City of Palm Desert shall name the City and Westfield, its officers, employees, agents, and independent contractors as "additional insured" and shall specify that the City of Palm Desert be given thirty days (30) prior written notice of any modification, decrease or termination of the Contractor's insurance coverage. Such insurance shall be subject to approval by the City of Palm Desert. 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" By: By: Mayor Title Attest: Attest: City Clerk Approved as to content: Title David J. Erwin, City Attomey AGREEMENT CONTRACT No. c26o3oc THIS AGREEMENT is made and entered into this day of , 20, by and between City of Palm Desert, Califomia, hereafter called "Owner", and Hort Tech, Inc. hereinafter called "Contractor'. WITNESSETH RECITALS: 1. Contractor has submitted to Owner its Contractors Proposal for the construction of Owner Project, Contract No. City of Palm Desert, WESTFIELD BUS BAY PROJECT in strict accordance with the Plans and Contract Documents provided by City 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. 3. STATEMENT OF WORK: The contractor hereby agrees to furnish all tools, equipment, service, apparatus, facilities, transportation, labor and materials for the Westfield Bus Bay Project. In strict accordance with the Plans, Specifications, and other information provided. Contractor shall coordinate all work with all other subcontractors, utilities, vendors, and parties involved with the project except as otherwise discussed with the City. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Contractor's Proposal; (c) The Performance Bond; (d) The Plans, (e) Insurance; and (f) all other documents required by Califomia law. 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 and agreed to by both parties and will complete said work within forty-five (45) calendar days from the Notice to Proceed date to the satisfaction of Frankie Riddle, Director of Special Programs. Contract No. C26030C 3. That the Contractor agrees to indemnify, defend, and hold harmless the City and Westfield Shopping Town, its officers, agents and employees, and the Architect, from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm or corporation fumishing or supplying work, services, materials or supplies in connection with the performance of this Agreement. 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 attomey'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. 6. Contractor shall be paid in the manner set forth in the proposal as accepted by Owner, subject to such additions and deductions as may be made pursuant to prior approval by the City and applicable law. 7. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the Califomia 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." 8. CONTRACTOR and OWNER do hereby acknowledge that this project is partially or fully funded with Redevelopment funds and is thereby subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations. Any sub -tier Contracts resulting from its contract must contain the same contractual language as the original contract. DAVIS-BACON REQUIRMENTS: This is a federal -assisted project and Davis -Bacon and Fair Labor Standards Act will be enforced. If the project is subject to the State of California "Prevailing Wage Rates" the higher of the two (State or Federal) wage rates for the given wage classification prevails. The applicable Wage Determination for said project is the one published at time of contract award. Prior to being authorized to participate on the project, all contractors shall be verified for eligibility thorough current State of California or other list of Debarred, Suspended, or any Ineligible Participants and the general services administration's consolidated list of debarred, suspended, and ineligible contractors. Contract No. C26030C HOLD HARMLESS CLAUSE Contractor shall hold the City of Palm Desert and Westfield Shopping Town, its officers, employees and agents free and harmless from all claims, actions, damages and liabilities of whatsoever kind, nature of sort arising from wrongful death, personal injury, property damage or other cause asserted or based upon any negligent act or omission of Contractor, its employees, agents, invitees, or any subcontractor relating to or in any way connected with the accomplishments of the work or performance of services under this Agreement, whether or not such acts or omissions were in furtherance of the work required by the contract documents. As part hereto of the foregoing indemnity, Contractor agrees to protect and to defend at its own expense, including attorney's fees, City of Palm Desert, its officers, Agents and employees from any and all legal action based upon any negligent acts or omissions of the Contractor. ADDITIONALLY INSURED CLAUSE The Certificate of Insurance supplied to the City of Palm Desert shall name the City and Westfield, its officers, employees, agents, and independent contractors as "additional insured" and shall specify that the City of Palm Desert be given thirty days (30) prior written notice of any modification, decrease or termination of the Contractor's insurance coverage. Such insurance shall be subject to approval by the City of Palm Desert. 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" By: By: Mayor Title Attest: Attest: City Clerk Approved as to content: Title David J. Erwin, City Attorney