HomeMy WebLinkAboutC32550 - Lft-trn Pckt Magnesia Falls at PDAC 622-13 Contract No. C32550
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C32550 TO AToM ENGINEERING
CONSTRUCTION, INC., FOR THE CONSTRUCTION OF A LEFT
TURN POCKET ON MAGNESIA FALLS DRIVE AT THE AQUATIC
CENTER DRIVEWAY (PROJECT NO. 622-13)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: AToM Engineering Construction, Inc.
40410 Vista Rd.,
Hemet, CA 92544
DATE: March 28, 2013
CONTENTS: Agreement
Contractor's Proposal
Performance Bond
Payment Bond
Vicinity Map
Recommendation
By Minute Motion:
1. Award Contract No. C32550 to AToM Engineering Construction,
Inc., for the construction of the a Left Tum Pocket on Magnesia
Falls Drive at the Aquatic Center Driveway for $60,398.00 ( Project
No. 622-13);
2. Authorize the Director of Finance to set aside a 10 percent
contingency in the amount of$6,039.80; and
3. Appropriate $66,437.80 from unobligated Fund 400 to Account No.
400-4549-454-4001; and
4. Authorize the Mayor to execute the subject agreement.
Funding to construct this project is available in Aquatic Center Capital Improvements,
Account No. 400-4549-454-4001.
Staff Report
Award C32550 for Left Turn Pocket on Magnesia Falls Drive at the Aquatic Center Driveway
Project No. 622-13
Page 2 of 2
March 28, 2013
Backqround
Currently the only access to the Palm Desert Aquatic Center is provided via eastbound
Magnesia Falls Drive. Westbound traffic on Magnesia Falls Drive must make a tight U-
turn at San Pablo Avenue to reach the Aquatic Center. Construction of a left turn
pocket on Magnesia Falls Drive at the driveway will improve access to the Aquatic
Center
On February 14, 2013, Council authorized staff to advertise the project. The project
was duly advertized and bids were opened on March 18, 2013, at 2:00 p.m with the
results as follows:
Contractor Location Bid Amount
AToM Engineering Const., Inc. Hemet, CA ' $60,398.00
Earth Sculptures Indio, CA $63,713.00
KASA Construction Ontario, CA $78,435.00
Fiscal Analvsis
There is no fiscal impact beyond the cost to construct the turn pocket. No General
Funds will be used on the project.
Prepared By: Depart e ead:
��
J Montalvo, P.E., Mark Gr nwood, P. .,
Senior Engineer Director o Public Wo s
� CITY COUN A�TYON
APPROVED `� DENiED
Paul S. Gibson, Director of Finance RECEIVED OTHER
MEET G D "
AYES ��
Approval: NOES:
,/ ABSENT:
ABSTAIN: �
VERIFIF.D IiY:
.lOh . WOhlmuth, City Manager Ocigin�l on File with Ci Clerk's Of�ce
�
1
AGREEMENT
THIS AGREEMENT is made and entered into this 28th day of March, 2013, by
and between City of Palm Desert, California, hereafter called "CITY" and AToM
Enqineerinq Construction, Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. MAGNESIA FALLS DRIVE LEFT TURN POCKET AT PALM DESERT AQUATIC
CENTER, PROJECT NO. 622-13, CONTRACT NO. C32550, in strict accordance
with the Contract Documents identified below, CITY has accepted said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid 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 Bid 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 Bid; (e) The Bidder's Bond; (f) The PerFormance Bond; (g) The
Payment Bond; (h) The General Specifications; (i} The Special Provisions; (j)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (I) Addenda Nos. -0-; (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 30 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
3. Contractor agrees to indemnify, defend and save CITY 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.
c. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to substitute the "City of Palm
Desert" in place of "Agency." Liquidated damages shall be $700 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 CITY 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 Contract Documents the
amount of its Bid as accepted by CITY, 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.
7. 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:
AToM Engineering Construction, Inc.
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mayor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
CONTRACTOR ACKNOWLEDGMENT
State of California )
) SS.
County of )
On , 20 , before me, , a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
CITY ACKNOWLEDGMENT
State of California )
) SS.
County of Riverside )
On , 20 , before me, , a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
' y . • ��,-
t
C - CONTRACTOFt'S B1D
MAGNESIA FALLS DRIVE LEFT TURN P�CKET
AT PALM DESERT AQUATIC CENTER
PRUJECT NO. 622-13
Ct�NTRA�T NO. C3255fJ
TO: C(TY OF QALM DESERT, "CITY"
DATE: 3/14/13
BIDDER: AToM Engineering Construction, Inc. "CONTRACTI�R°
The UNDERSIGNED, "CONTi�ACTOR", having carefully examined the site and the
Cantract Documents for the construcfion of, MAGNESIA FALLS DRIVE LEFT TURN
POCKET AT PALM DESERT AQUATI� CENTER, PRUJECT NO, 622-13, C4NTRACT
NO. C32550, hereby proposes to construct the work in acr�rdance with the Contract
Documents, including Addenda No(s). for the amount
stated in #his Bid.
By submitting this Bid, CONTRACTtJR agrees with GITY:
1. That unless withdrawn in person by CONTRACTflR �r some person authorized
in wri�ing by CONTRACTOR — nat by telephone or telegram — before the time
specified in the Notice Inviting Bids for the publie opening of bids, this Bid
cortstitutes an irrevoeable offer far 60 calendar days a�#er that date.
2. The CITY has the right to reject any or all Bids and to waive any irregularities ar
informalities con#ained in a Bid.
3. That the contract shalt be awarcled oniy by the goveming body of CiTY. Said
ccmtract siiali only be deemed awarded after the CUNTRA�TOR'S complete
submission af ail contrac# dc�cuments, bands, insurance documentation, and the
CiTY shall obtain alt necessary signatur�s ofi the goveming bady, at which time
the contract shalf be deemed awarde+d.
�. To submit to CITY such informa#ian as C(TY may require to determine the
Bidder's financial standing e�perience and to perForm the work.
5. Th�t the accompanying cer�ified or cash�er's check or Bid Bond constitutes a
guaran#ee that if awarded the contract, CONTRACTOR wi(1 execute the
Agreement and deliver the required bonds and cert�ca#es ofi insurance within 10
days after notice of awarcl. If CONTRACTOR fails to �xecute and deliver said
documen#s, the check or bond is to be charged with the costs o# the resultant
damages tc� CITY, in�iuding but nvt limited tc� publica#ion costs, the difference in
mor�ey between the amaunt bid and the amaunt in excess of the bid which costs
C#TY tc� do or cause to be done #he work invalved, lease and rentai �costs,
additionai salaries and overhead, increased interest and casts of tunding the
Page G1
project, attorney expense, additional engin�ering and architectural expense and
cost of main#aining or canstruction altemate f�cilities occasioned by the#ailure #o
execute and deliver said documents.
1t is �nderstood that the quantities shawn herson, except for those quantities marked
'"Lump Surn", are estimates and the final payment wiil be based upon the actual wark
performed, subject to such adjustment and alterations as elsewhere provided herein.
�
1. Mobilization �S � � �
�
2. Traffic Cantral LS 1 $ $
c� ooJ
3. Ciearing and Grubbing LS 1 $ �
� .co / a .�p
4. Construct Type ll Curb �F 1 g5 � $
5. Construct Type C�-8(2Q0} LF 72 $ �� �
6. Gonstruct 8"Aggregate Base �Y 51 � 55 � . o I
� c� �I
7. Construct 5" Asphalt Concrete SF 2,05p $ $
. .t� /0 oD
8. Ccanstruct 2" Asphait �oncrete SF 500 $ $
�P vu o�
9. Landscape lrrigation �,S � � �
.t�
10. Signing and Stripin� LS 1
$ $
��.t,� .c�.�
TOTAL BID PRICE �
0 9 ,
Pag� C-2
The costs �of any work shawn or required in the Plans and Specificatians, but not
specifically ident�ed as a Pay Item are included in the refated Pay Item(s), and na
additional compensation shali be due CONTRACTC►R by virtue of CONTRACTOR'S
compliance with the Pians and Specificatians.
TfJTAL AMOURIT BASE BiD iN FIGURES $_�_�c�g�,��
TOTAL AMflUNT BASE BID IN WORDS���-�Q,o,�� �,r,��,,,,,,� �, �o�_
w
� C�A� I
V �
I�1 WITNESS WHEREOF CONTRACT R executed this Bid as of date set forth on
Page C-1: ,.,,,o-... .,
By:
Signature
Ti��@: Larry Boyer,Secretary
CONTRACTOR
State o#Califomia )
)
County of )
- °':.��.-��ubscribed and swom to (ar affirmed} befiore me�n this day of
(month), (year}, by
, proved to me on the basis of satisfactary evidence to be the person(s)
ufio appeared before me.
Signature of Notary (Seai af Notary)
stateotca��tomia 1 TERRAJ.COX
CouMy of Riverside > '...
) § Commission# i 892519
„, Z:`� ' Notary Public-California z
�w�Subscxibed and swom to(or aifirtned)befae me this 14 day of z �, D
"�March 2013 by Larty Boyer,provad to me on the basis of Riverside Counry
satisfactory evidenoe m be the.person(s)who appeared before me. � "� My COTIIRI,EXpIfeS JUI 10,2014+
_ � � r� � . e-
�,�:>��,.
Terta Cox, � �d�
Notary Pubfic
Page C-3
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to AToM Enqineering Construction, Inc. hereinafter designated as the
"Principal", a contract for:
MAGNESIA FALLS DRIVE LEFT TURN POCKET
AT PALM DESERT AQUATIC CENTER
PROJECT NO. 622-13
CONTRACT NO. C32550
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 City of Palm Desert hereinafter called the City, in the penal sum of
Sixtv Thousand, Three Hundred Ninetv- Ei�ht no/00 Dollars ($60,398.00), 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 City, 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 City 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 attomeys' fees, shall be awarded to the prevailing party.
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 PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
State of California )
)
County of )
On before me,
,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to AToM Engineering Construction, Inc. (hereinafter
designated as the "CONTRACTOR"), an agreement dated March 28, 2013 described as
follows: MAGNESIA FALLS DRIVE LEFT TURN POCKET AT PALM DESERT
AQUATIC CENTER, PROJECT NO. 622-13, CONTRACT NO. C32550, (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 9100 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 City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop payment notices under Section 9100 of
the California Civil Code, in the sum of Sixtv Thousand, Three Hundred Ninetv- Eiaht
no/00 Dollars ($60,398.00), 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 9100 et seq. 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
payment 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 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 befinreen 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:
AToM Enqineerinq Construction, Inc. (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 lnsurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California lnsurance 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)
Acknowledgment
State of California )
)
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
I
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