HomeMy WebLinkAboutC33100 - San Pascual Chnnl Access Ramp 518-13 Contract No. C33100
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C33100 FOR CONSTRUCTION OF
THE SAN PASCUAL CHANNEL ACCESS RAMP PROJECT TO
CORA CONSTRUCTORS, INC., OF PALM DESERT,
CALIFORNIA, IN THE AMOUNT OF $76,000.00 (PROJECT NO.
518-13)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Cora Constructors, Inc.
75140 St. Charles Place, Suite A
Palm Desert, California 92211
DATE: November 14, 2013
CONTENTS: Contract Agreement and Bonds
Contractor's Proposal
Location Map
Recommendation
By Minute Motion:
1. Award Contract No. C33100 for construction of the San Pascual
Channel Access Ramp Project to Cora Constructors, Inc., of Palm
Desert, California, in the amount of $76,000.00 (Project No. 518-13);
2. Authorize the Director of Finance to set aside a 10 percent contingency
in the amount of$7,600.00; and
3. Authorize the Mayor to execute agreement.
Funding is available for this project in Drainage Facility Account No. 232-4383-433-
4001. No general funds will be used in this project.
Backqround
The San Pascual Channel was constructed around 1983 to contain and direct storm
water flows to the Whitewater Channel; however, no access ramp was constructed to
reach the bottom of the channel for maintenance. In 2008, an effort was made to
contain the algae growth to a narrow area of the channel by installing a curb that
contains the water flow to the west side of the channel. This narrow area requires
Staff Report
Award Contract C33100 to Cora Constructors (Project 518-13)
November 14, 2013
Page 2 of 2
regular maintenance. In order to perform the required maintenance, motorized
equipment is needed.
Maintenance of the channel is performed approximately every two months. Crews
currently traverse the steep 2:1 concrete lined slope with the motorized equipment. In
addition to cleaning the bottom of the channel, larger debris has to be hauled up the 2:1
slope to awaiting dump trucks. Staff would like to assist and help protect the crews that
perform the regular maintenance by constructing the ramp.
A call for bids was advertised, and on October 30, 2013, sealed bids were opened and
read aloud. The following is a summary of the bids received:
Contractor Location Bid Amount
Cora Constructors, Inc. Palm Desert, California $ 76,000.00
PTM General Engineering Riverside, California $ 98,888.00
AGNY General Engineering Glendora, California $114,150.00
Braughton Construction Rancho Cucamonga, California $127,272.50
Cora Constructors, Inc. submitted the lowest responsive bid.
Upon Council approval, the following is the anticipated timeline for the project. The
contract will be fully executed by November 27, 2013. Construction will commence on
December 2, 2013. The contract duration for this project is twenty calendar days, so
project completion is expected to be December 21, 2013. If any delays occur in the
execution of the contract documents the project construction will be postponed until
January 2014.
Fiscal Analysis
There is no fiscal impact beyond the cost to construct the access ramp. Funding for the
project will come from the Drainage Facility accounts and no General Funds will be
used on the project.
Prepared By: /� Depart n ad:
�
e ontalvo, P.E., Senior Engineer Mark Gr e wood, P.E.
Director of ub � Works
CITY COUNCILA�ON
P ul S. ibson, Director of Finance AppROVED DF,NTEn
RECEIVED OTHER
pr v : _ �
MEET�� -
AYES: / � ��
J n M. Wohlmuth, City Manager NOES:
. . ABSENT:
ABSTAIN: �-
VERIFIED BY:
nriuinal nn File with Cifv C'') .rk'a nffirn
AGREEMENT
THIS AGREEMENT is made and entered into this 14th day of November, 2013,
by and between City of Palm Desert, California, hereafter called "CITY" and Cora
Constructors, Inc., hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. SAN PASCUAL CHANNEL ACCESS RAMP, PROJECT NO. 518-13,
CONTRACT NO. C33100, 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; Q)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (I) Addenda Nos. -0-; (m) Any Change Orders
issued; (n) 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 20 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 $1000
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: Cora Constructors, Inc.
BY� ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY: Jan C. Harnik
BY� ATTEST BY:
Signature to be notarized
TITLE: Mavor of Palm Desert. CA TITLE: Citv 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)
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Cora Constructors, Inc. (hereinafter designated as the
"CONTRACTOR"), an agreement dated November 14, 2013 described as follows: SAN
PASCUAL CHANNEL ACCESS RAMP, PROJECT NO. 518-13, CONTRACT NO.
C33100, (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, , th� 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 Seventy Six Thousand Dollars and no/00
($76,000.00), 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 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 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)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Cora Constructors Inc., hereinafter designated as the "Principal", a contract
for:
SAN PASCUAL CHANNEL ACCESS RAMP
PROJECT NO. 518-13
CONTRACT NO. C33100
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
Seventy Six Thousand Dollars and no/00 ($76,000.00), 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 attorneys' 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 Sfate of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seaL
Signature (Seal)
:
�k�'�{"€
� ��„
1 y
b
C - CONTRACTOR'S BiD
SAN PASCUAL CHANNEL ACCESS RAMP
PROJECT NO. 518-1�
CONTRACT NO. C33100
TO: ClTY OF PALM DESERT, "CITY"
DATE: � � �� �,�
BIDDER: � .�rt,�. � ��2�`� ��'K- � "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construcEion of, SAN PASCUAL CHANNEL ACCESS
RAMP, PROJECT NO. 518-13, CONTRACT NO. C33100, hereby proposes to �
construct the work in accardance with the Contract Documents, incfQ��eAamount
No(s).
stated in this Bid.
By submitting this Bid, C�NTRACTOR agrees with CITY:
1. That uniess withcirawn in person by C4NTRACTOR or some person authorized
in writing by CONTRACTOR before the time specified in the Notice Inviting Bids
for the public opening of bids, this Bid constitutes an irrevocabie offer for 60
calendar days after that date.
2, The CITY has the right to reject any or all Bids and to waive any inegularities or
irrfomnalities contained in a Bid.
3. That the contract shall be awarded only by the goveming body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S compiete
submission of atl corrtract documents, bonds, insurance documentation, and the
CITY shali obtain atl necessary signatures of the goveming body, at which time
the oontract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to detennine the
Bidder's financial standing experience and to pe�form the work.
5. That the accompanying certfied or cashier's check or Bid Bond constitutes a
guarantes that if awar�ded the contract, CONTRACTOR wiii execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after �otice of award. If CONTRACTOR fails to execute and detiver said
documents, the check or bond is #o be chargsd with the costs of the resuttant
damages to CITY, including but not limited to publication costs, the di#ference in
money befinreen the amourrt bid and the amour�t in excess of the bid which costs
CITY to do or cause to be done the work invoived, iease and rentai costs,
additiona{ salaries and overhead, increased interest and costs of funding the
project, attomey expense, addfional engin�ring and architectural expense and �
Page G1
� , ,
� cost of mairrtaining or construction altema#e facil�ies occasioned by the failure to
execute and deliver said documents.
' it is understood that the quarrtities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment wili be based upon the actual work
performed, subject to such adjustment and alterations as elsewhere provided herein.
. r , � .
F �
�. �,. . = . ._.�.,;,, �. .
;.
1. Mobilization LS � / $ 1 p� � /p4GU'-
2. Earthwork for Channet �S � ! � � ��j $ l� '~
3. Clearing and Grubbing (Demolition) LS 1 $ � � -�OGC��-
4. Erosion/Sediment Cor�trol LS 1 ��y� �� � v2�.�
5 Construc#Reinforced Concrete �$ .���� $o,�� $���
Channel Lining and Access Ramp
6 Construct Wedge Curb and �F 62 � 1�Q � $ ��I-
� Transitions
� 7. Constru�t 6" PCC Driveway SF 2,050 $ �� $ j�,3lX}�
� T�TAL BID PRICE $ "�(�t?'
�
f
Page G2
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`' The costs of any v�rork shown or requined in the Plans and Specifications, but not
speci�cally iderrtified as S„aytieedue CONTRACTOR b yvirtue of CONTRACTt�R'S
�, addit�anal compensat�on
� compliance with the Plans and Specifica#ions.
r
TOTAL AMDUNT BASE BID IN FIGURES$ � 1����
� �r�,p�t1�r� �x
TOTAL AMOUNT BASE BiD tN WORDS (
.��1�� �- ►� .��
� IN WtTNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
� Page C-1:
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�° CONTRACTOR
State of Cal'i#omia ) �
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Subscribec! and swom to(or affirmed) before on thia � day of ���"
� -- (month),���1� _(Year), by
— , proved to me on the basis of satisfactory evidenr:e to be the person(s) �
� who appeared before me.
� Si nature of Notary (Seai of Notary)
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Notary PubNc-C�Iifomia � �
Rhrorside County �
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