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HomeMy WebLinkAboutR22320 - Contreras Const. Co. - Sidewalks on the North/South Side of 42nd AvePALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AWARD OF CONTRACT NO. R-22320 TO CONTRERAS CONSTRUCTION FOR THE CONSTRUCTION OF SIDEWALKS ON BOTH THE NORTH AND SOUTH SIDES OF 42ND AVENUE BETWEEN THE PALM DESERT SOCCER PARK AND COOK STREET SUBMITTED BY: EZELL JAMES, HOUSING PROGRAMS COORDINATOR CONTRACTOR: CONTRERAS CONSTRUCTION CO. P.O. BOX 1808 INDIO, CA 92202-1808 DATE: MAY 13, 2004 CONTENTS: CONTRACT NO. R-22320 Recommendation: By Minute Motion, that the Agency Board: Award Contract No. R22320 to Contreras Construction Co. (Indio) in the amount of $167,410.00 for the construction of sidewalks on both the north and south sides of 42nd Avenue between Palm Desert Soccer Park and Cook Street; 2. Authorize the Finance Director to set aside the amount of $16,741.00 as 10% contingency (use of contingency requires additional action); 3. Approve appropriation of $184,151.00 from Account No. 853-4616-433- 4001; and 4. Authorize Chairman to execute said contract. Executive Summarv: Approval of this contract will allow staff to proceed in a timely manner with the construction of sidewalks on both the north and south sides of 42nd Avenue between the Palm Desert Soccer Park and Cook Street. Denial of this contract will result in delays of the project and additional cost to the Agency. Discussion: On June 14, 2001, the Agency approved a Disposition and Development Agreement (DDA) with Palm Desert Development for the construction of a 162-unit multi -family rental project on approximately 12.43 acres of the 40-acre site located between Merle and 42nd Avenue, west of the City's Corporation Yard. As part of the Agency's obligation to this development, the Agency Staff Report Award of Contract R22320 to Contreras Construction for construction of 42nd Ave. Sidewalks Page 2of2 May 13, 2004 is required to install sidewalks on both the north and south sides of 42nd Avenue between the Palm Desert Soccer Park and Cook Street. On January 23, 2003, the Agency approved the award of contract to Mainiero Smith and Associates for the final engineering services for sidewalks on both the north and south sides of 42nd Avenue between Palm Desert Soccer Park and Cook Street. On February 12, 2004, the Agency authorized the solicitation of competitive bids for the construction of the sidewalks on both the north and south sides of 42nd Avenue. On March 30, 2004, the bid opening took place, and the bids received were as follows: Name Amount Contreras Construction Co. (Indio) $167,410.00 Southland Construction (Irvine) $179,000.00 James E. Simon (Indio) $180,000.00 E. A. Mendoza Contracting (Irvine) $218,100.00 Granite construction (Indio) $218,777.00 J. D. Stine Construction (San Bernardino) $222,850.00 B. J. Development (Pomona) $282,150.00 Based on the results, staff is recommending that we contract with the low bidder, Contreras Construction of Indio, California for the construction of sidewalks on both the north and south sides of 42nd Avenue between the Palm Desert Soccer Park and Cook Street. Submitted By: Ezell Jarr> sing Programs Coordinator mh Approval: ostfin��cCarthhy, ACM Re ent Carlos OL.Orte�gZa*,cutive Director Department d: Ter sa LaRocca, Director of Housing Paul S. Gibson, Director of Finance G. RDA\Maria Hunt\WPDATA\HOUSING\ejames\slfrpts\051304conlrerasconstcontract.doe CONTRACT NO. R-22320 AGREEMENT THIS AGREEMENT is made and entered into this 13th day of May 2004, by and between the Palm Desert Redevelopment Agency, Palm Desert California, hereafter called "OWNER", and Contreras Construction Co., hereinafter called "Contractor". WITNESSETH RECITALS: 1. Contractor has submitted to OWNER its Contractor's Proposal for the construction of OWNER'S Project, CONTRACT NO. R—22320, SIDEWALK IMPROVEMENTS ALONG 42nd AVENUE FROM COOK STREET TO CORPORATE WAY in strict accordance with the Contract Documents identified below 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. 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 Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Conditions; (i) The Special Provisions; 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos. N/A ; (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. I in accordance with the Contract Documents and will complete said work by September30, 2002 to the satisfaction of the Owner. H-1 CONTRACT NO. R-22320 3. That the Contractor agrees to indemnify, defend, and save OWNER and its officers, agents and employees, and the ENGINEER, and Owner's Representative harmless from: a) Any 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 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 its 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. 4. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to the substitute the Palm Desert Redevelopment Agency in place of the State of California. Liquidated damages shall be $500 dollars per calendar day of delay. 5. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the OWNER or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by 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 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. " H-2 CONTRACT NO. R-22320 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: CONTRERAS CONSTRUCTION CO. Mot Signature to be notarized Title: OWNER: PALM DESERT REDEVELOPMENT AGENCY am Attest By: Title: Attest By: Title: Chairman, Board of Directors Title: Secretary APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY H-3 CONTRACT NO. R-22320 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the PALM DESERT REDEVELOPMENT AGENCY has awarded to CONTRERAS CONSTRUCTION CO. hereinafter designated as the "Principal", a contract for: SIDEWALK IMPROVEMENTS ALONG 42nd AVENUE FROM COOK STREET TO CORPORATE WAY CONTRACT NO. R- 22320 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, CONTRERAS CONSTRUCTION CO., the Principal, and , as Surety, are held and firmly bound unto the Palm Desert Redevelopment Agency hereinafter called the OWNER, in the penal sum of One Hundred Sixtv-Seven Thousand Four Hundred Ten And No/100 Dollars ($167,410.00), 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 OWNER, 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 way 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 OWNER 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. 1-1 CONTRACT NO. R-22320 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 INSURANCE COMPANY and/or AGENT: ADDRESS: TELEPHONE NUMBER: 1-2 PRINCIPAL Aw CONTRACT NO. R-22320 PALM DESERT REDEVELOPMENT AGENCY PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the Palm Desert Redevelopment Agency (sometimes referred to hereinafter as "Obligee") has awarded to Contreras Construction Co. (hereinafter designated as the "Contractor"),. an agreement dated May 13, 2004, described as follows: CONTRACT NO. R-22320 SIDEWALK IMPROVEMENTS ALONG 42nd AVENUE FROM COOK STREET TO CORPORATE WAY (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 3247 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 Palm Desert Redevelopment Agency and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum One Hundred Sixtv-seven Thousand Four Hundred Ten and No/100 Dollars ($167,410.00), 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 3247 through 3252 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 hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop 1-3 CONTRACT NO. R-22320 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: (Typed Name of Contractor) (Signature) (Typed Name and Title) The rate of premium on this bond is SURETY: The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) per thousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance 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. Ili CONTRACT NO. R-22320 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) 1-5