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Home My WebLink AboutHA25760 - Portrait Homes, Inc. SECTION 00500 AGREEMENT THIS AGREEMENT is made and entered into this 25th day of January 2007, by and befinreen the Palm Desert Housing Authority; hereafter called "OWNER," and Portrait Homes, Inc_. hereinafter called "CONTRACTOR." WITNESSETH RECITALS: CONTRACTOR has submitted to OWNER its CONTRACTOR's Proposal for the construction of OWNER's Project, Laguna Palms Rehabilitation, PROJECT NO. 966-06, CONTRACT NO. HA-25760 in strict accordance with the Contract Documents identified below and OWNER has accepted said Proposal, inclusive of the base bid plus the following ALLOWANCES: ALLOWANCE 1: Special Services $75,000.00 ALLOWANCE 2: Roof Sheathing $25,788.00 ALLOWANCE 3: R-38 Attic Insulation $25,200.00 ALLOWANCE 4: Blown R-11 Attic Insulation $13,125.00 ALLOWANCE 5: Area Separation Walls $44,583.00 ALLOWANCE 6: Roof Framing $24,675.00 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. Palm Desert Housing Authority 40 Agreement Laguna Palms Rehabilitation Project Section 00500 G.��rda�Mana Hunt�WPDATA�HOUSING�conway�contracls�Portran Homes Agm dce AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Notice Inviting Sealed Bids�Section 00200J; (b) Geotechnical Data; (c) The Instructions to Bidders (Section 00300J; (d) Bid Schedule �Section 00410]; (e) The Bid Guaranty Bond (Section 00420J; (� Designation of Subcontractors �Secfion 00430]; (g) Schedule of Equipment, Manufacturers and Suppliers, Major Equipment and Material Items; (h) Non-Collusion Affidavit �Section 00450], (i) Certification of Bidder and Qualifications (Section 00470]; (j) The Agreement jSection 00500J; (k) Liability and Insurance Requirements �Section 00600]; (I) Special Insurance Endorsement �Section 00610J; (m) The Faithful Performance Bond (Section 00620]; (n) The Payment Bond �Section 00640J; (o) Workers' Compensation Insurance Requirements; (p) the General Condifions; (q) Modifications to General Conditions (Section 00810]; (r) The Plans; (s) Addenda Nos. 1, 2 and 3; (t) Any Change Orders issued; (u) 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 (10) 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 Ten (210) consecutive calendar days from the Notice to Proceed date to the satisfaction of the Owner's Representative. 3. That the CONTRACTOR agrees to indemnify, defend, and hold harmless the OWNER, and its officers, and employees, the ARCHITECT and Owner's Representative from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, material men, 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. Attention is directed to Section 00700-6.5, "Liquidated Damages" of the General Conditions. Liquidated damages shall be a1,000.00 dollars per calendar day of delay. 5. Should any litigation or arbitration be commenced befinreen 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 and costs 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. Palm Desert Housing Authority 41 Agreement Laguna Palms Rehabilitation Project Section 00500 G1rtla\Mana Hun1�W PDATA\HOUSING\conway�comracts�Portrat Homes Agm doc 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 California Labor Code which requires every emp{oyer 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. PALM DESERT HOUSING AUTHORITY PORTRAIT HOMES, INC. (signature to be notarized) BY: BY: Richard S. Kelly, Chairperson Name Title Attest: Attest: Rachelle D. Klassen, Secretary Approved as to Form: Title Dave Erwin, City Attorney *'"* END THIS SECTION *** Palm Desert Housing Authority 42 Agreement Laguna Palms Rehabilitation Project Section 00500 G��rda�Mana Hunt�WPDATA�HOUSING�conway\contracts`,Portrail Homes Agm.doc CONTRACT NO. HA-25760 SECTION 00620 FAfTHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, the Palm Desert Housing Authority, hereinafter designated the "Owner," has, on January 25, 2007, awarded to Portrait Homes, Inc., hereinafter designated as the "Principal," a Contract for the construction of Laguna Palms Rehabilitation Proiect. WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, WE, the Principal, and , as Surety, are held and firmly bound unto the Owner the penal sum of Five Million Fortv-Seven Thousand Nine Hundred Twentv-Four and NO/100 Dollars ($5,047,924.00) plus reasonab(e attorney fees and costs, lawful money of the United States, for the payment of which sum well and truly to be made, we 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 bounden Principal, it or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on it 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 nuil and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for a one-year warranty period, during which time this bond remains in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the 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 work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Palm Desert Housing Authority Faithful Performance Bond Laguna Palms Rehabilitation Project 51 Section 00620 CONTRACT NO. HA-25760 IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of , 200_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title of Signatory �urety (Seal) Signature for Surety Title of Signatory ****END 7HIS SECTION *** Palm Desert Housing Authority Faithful Performance Bond Laguna Palms Rehabililation Project 52 Section 00620 CONTRACT NO. HA-25760 SECTION 00630 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, the Palm Desert Housing Authority, hereinafter designated as the "Owner," has, on January 25, 2007 awarded to Portrait Homes, Inc., hereinafter designated as the "Principal," a Contract for the construction of Laguna Palms Rehabilitation Proiect, and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal,and , as Surery, are held and firmly bound unto the Owner the penal sum of Five Million Fortv-Seven Thousand Nine Hundred Twentv-Four and NO/100 Dollars ($5,047.924.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Palm Desert Housing Authority Faithful Performance Bond Laguna Palms Rehabilitation Project 53 Section 00620 CONTRACT NO. HA-25760 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of , 200_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title Surety (Seal) Signature for Surety Title *"** END THIS SECTION *'** Palm Desert Housing Authority Faithful Performance Bond Laguna Palms Rehabilitation Project 54 Section 00620 �• . -- � � Vil�iiHlR � Cc�,rsrk�x:riox MtaxAr;F1NE!�"T.I\Y'. 290 North D Strect,Suitc 900 San Bemazdino,CA 9240]-1703 'fEL 909 3841785 FAX 909 381-7534 January 12, 2007 Lauri Aylaian Redevelopment Manager City of Palm Desert Housing Authority 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 SUBjECT: Lagu�a Palms Rehabilitation Project Project No. 966-06; Contract No. HA-25760 Bid Results and Recommendation for Award Dear Ms. Aylaian: . On Tuesday, January 9, 2007, at 4:00 p.m., bids were received and opened for subject project. One (1) bid was received from Portrait Homes, Inc. of Corona, CA, as follows: Name of Contractor Total LumP Sum Base Bid Portrait Homes, Inc. -Corona, CA $5,047,924.00 AI( of the required bid forms were submitted with the Bid Schedule including the Bid Guaranty Bond, List of Proposed Subcontracto�s, Non-Collusion Affidavit, Certification of Bidder and Qualifications, and the Bidder's References and Responsibility Information. All three (3) bid addenda were properly acknowledged on the Bid Schedule as required. (See attached Bid Tabulation Sheet.) Also, the attached website printouts for Safeco Insurance Company of America which shows that the bidder's Bid Guaranty Bond surety is "authorized to carry on business in the State of California with a minimum (A-VII) rating with BesYs Rating Guide" per Section 00300— Instructions to Bidders, Article 15.0— Bid Guaranty. Vanir has completed our review and evaluation of the low bid. Portrait Homes, Inc. is a properly licensed contractor whose license is active, in good standing, and clear of any current citations or judgments (see attached Contractor License Detail — License #615297). All required bid forms and information submitted are in proper form and complete. We called the bidder's listed references and they werc all very satisfied with their work. Additionaliy, Portrait Homes, Inc. is Bcllcwe llcnver Houston I.as�'cqas l.�s An�{cles (Yek]anJ San Bemudino Richmond San Diego Sacrunento San Francisco San Josc San I.uis nbispo Tcmre 'Cucson City of Palm Desert Housing Authority Laguna Palms Rehabilitation Project Project No. 966-06; Contract No. HA-25760 Bid Results and Recommendation for Award )anuary 12, 2007 Page 2 of 2 currently performing contract work of a similar scope for the City of Palm Desert Housing Authority, and the City's Project Coordinator is pleased with their work and professionalism. Finally, we requested a copy of Portrait Homes, Inc.'s bid worksheet, which they provided willingly. After review of their breakdown of bid prices by one of Vanir's senior estimators, we conclude that their bid represents a fair and reasonable price for the scope of the project. The price represents an overall cost of about $121 per square foot (including all general conditions, overhead and profit), which is well within an acceptable range for this type of work. Therefore, Vanir recommends award of the contract for subject project to Portrait Homes, Inc. in the amount of$S,Q47,924.00. Sincerely, _ � ichael S. De Vries, CCM Project Director/Associate Atch Cc: James Conway, Projed Coordinator, City of Palm Desert David Drake, Prest-Vuksic Architects, Inc. P:VC�Iy of Pelm DesertWroJectel(7014)Lapuna Palms ReAqb1076SH17.D.2 bId anyels_rwpoln��Projeci No 988-08(Layun�Pdmt Rs�ab)_AwraM Reco�rnendetion LTR.doc License Detail Page 1 of 2 California Home Frida ,Janu, i`��?i4`<, ,Y F� License Detail GA�iFpRNIA CON.T_RACTORS.�TATE l.I�EN Contractor License # 615297 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and/or legal action information. . Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. ; . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. . Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. ' Extract Date: 01/12/2007 * * * Business Information * * * � PORTRAIT HOMES INC 265 NORTH JOY STREET SUITE 200 CORONA, CA 92879-1323 ; Business Phone Number: (951) 520-8898 Entity: Corporation Issue Date: 03/16/1991 Expire Date: 03/31/2007 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * ' Class Descrl tion � 0 GENERAL BUILDING CONTRACTOR ; j * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 63116 in the amc � $12�500 with the bonding company I AMERICAN CONTRACTORS INDEMNITY COMPANY. i Effective Date: 01/01/2007 I � http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 1/12/2007 License Detail Page 2 of 2 Contractor'$Bonding History � BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer(RMO) BRU ABBEY certified that he/she owns 10 percent or more of the voting stock/equity of the corpc � bond of qualifying individual is not required. ' Effective Date: 03/27/2002 * * * Workers Compensation Information * * * This license has workers compensation insurance with the I STATE COMPENSATION INSURANCE FUND Policy Number: 756-0000107 Effective Date: 03/19/2006 Expire Date: 03/19/2007 Workers Compensation History I Personnel listed on this license (current or disassociated} are listed on other lice� Personn�l Llst Other Ucenses I Lleanse Number Request Contractor Name Requ��t Personnel Name Request Salosp�r�on RoQuest Salesooeson Nam�Raquest � �2006 State of Califomia.Conditlons of Use Privacy Poli�y I � I I http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 1/12/2007 Contractor's Bonding History Page 1 of 1 I Californla Home Friday,Janu. � n'�� ''��' . ;�'�� r a `�',, � Contractor's Bonding History cq��pr3�ia CQbr_�►�To��s7�►r�1.�� Contractor License # 615297 CONTRACTOR'S BONDING HISTORY Surety Company Bond Bond Effective Cai Number Amount Date AMERICAN CONTRACTORS INDEMNITY 63116 $12,500 01/01/2007 � COMPANY I AMERICAN CONTRACTORS INDEMNITY ; CONIPANY 63116 $10,000 01/01/2004 0' AM.ERICAN CONTRACTORS INDEMNITY � COMPANY 63116 $7,500 01/01/2002 0' FRONTIER PACIFIC INSURANCE 816823 $7,500 07/01/1994 0' � COMPANY ; FRONTIER PACIFIC INSURANCE g16823 $5,000 02/27/1991 0� � COMPANY � _ — � Back to Lic�nsa Detall i � License Number Re2uest Contractor Nam�Request Perwnnel Name Reauest Salespenon R�quest Salespanon Name Request �O 2006 State af Califomia.CondiGons of Use Privacy Policv i � http://www2.cslb.ca.gov/CSLB_LIBRARY/Contractor+Bonding+History.asp 1/12/2007 PREST • VUKSIC A R C H IT E C T S January 16, 2007 James Conway City of Palm Desert Redevelopment Agency 73510 Fred Waring Drive Palm Desert, CA 92260 RE: Laguna Palms—Prest Vuksic Project No. 24060 Dear James, Our office reviewed the bid submitted by Portrait Homes with you, construction manger, Mike De Vries and Mike's estimator and the bid submitted appears to be in line with construction costs today. Prest Vuksic Architects worked with Portrait Homes on a previous City project, Califomia Vllas. We have found this contractor to have valuable experience in housing projects and to be a strong team player. On the Califomia Vllas project, there have been minimal change orders and only minor corrective work without costs to the City due to the cantractor's strong project management. Several times, the contractor provided better products or construction detailing without additional cost to the project. Terry Anderson of Portrait Homes mentioned at the beginning of the Califomia Villas project that their company takes each job personally and that they would not leave a project until the owner is satisfied. This milestone has been met many times throughout the project. In short, our office feels comfortable with Portrait Homes being selected as the contractor. They will be a strong, cost effrcient and experienced team player fo�this project. If our office can be of further assistance, please feel free to contact us. Si ly, . David G. Drake 4453U SAN PAB1.0 AVE SUITE 200 PALM DESERT CA 92260 T.760 779 5393 F.760 779 5395 .� � '.. ,� �,• � � � � � ��:. y _ ��:�/ `^' � ��F€ . � .��°�; r "�`� i';�x ;��:,.; � � � ', � 1 , - �.::: ��: ; '�. � �' �� .�.y � � � ° ; V �.:�� .. V� i� 't�,' l3, � �� ,� ��t�� i � �: � . � �, ��. � � � __—? : �: J �s": �„ r 3 � � r�.. i� � � ♦ � � `; I ! � � � _ , ,. �� , } , _ . -- . , � { , � , ;�, � � , ,, _ � , i �r� i .� � � s � � � +� � �„ !�- �. � i r� " ✓ �� ,�� } � � • � i � ,. � :: , � �—r, ` � , ' � i i ' h.-r � —. k �� t �. ! 3 /."` �� ! k �..i ,�.. �. � ,� � �} ' � ��s r *�• �y d e a$ S _ � ] � � 'P t � 1 ^ S s�';• 1 .�:v � � i . r �` O " ' �,� ��a_ ��,i� {„ ��,. �. �.� y��.. � � u �1 . . �� i M . } # �� ,.... m %a.L . �.� � � F�1 A k � � �t . � �_ __. r _ '� • � � _, t ` .. � � � ..i . ' . k , 'S . .. � � ' � � O G � � z 1-+-+ p _._. — � � � .. v � , 4 .—r r '�� 7 1a��r.�. , r. 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