HomeMy WebLinkAboutR21780 Taylor Frager, Inc. - Grading and Construction of Palm Village ApartmentsPALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: AUTHORIZE THE AWARD OF CONTRACT NO. R-21780 TO
TAYLOR FRAGER. INC. FOR GRADING AND CONSTRUCTION
OF PALM VILLAGE APARTMENTS
SUBMITTED BY: BRYCE LYNN WHITE, SENIOR CONSTRUCTION CONTRACT
ADMINISTRATOR
CONTRACTOR: TAYLOR FRAGER, INC.
41661 ENTERPRISE CIRCLE NORTH, SUITE 217
TEMECULA, CA 92590
DATE: JANUARY 27, 2005
CONTENTS: CONTRACT NO. R21780
Recommendation:
By Minute Motion, that the Agency Board:
1. Authorize the award of Contract No. R-21780 to Taylor Frager, Inc. in the
amount of $5,839,386.00 for the grading and construction of Palm Village
Apartments, exclusive of carports;
2. Authorize the Director of Finance to set aside an additional amount of
$583,938.60 as 10% contingency (use of contingency requires additional
action); and
3. Authorize Chairman to execute said contract.
4. Authorize the appropriations of 3.2 million from unobligated low and
moderate income housing funds.
Funds are available in Account No. 870-4349-433-4001.
Executive Summarv:
By approval of the staff recommendation, the Agency Board will authorize the award of
contract for the grading and construction of Palm Village Apartments, exclusive of
carports. Rejection of the staff recommendation will require an additional bid process
and delay construction of the project.
Staff Report
Authorize award of Contract R-21780 to - Palm Village Apts.
Page 2 of 2
January 27, 2005
Discussion:
The Palm Village Apartments is a 36-unit, affordable, two -bedroom one -bath, multi-
family project that will be available to very low and low-income households. The
retaining/garden perimeter wall for this site has been completed.
Notice Inviting Sealed Bids was originally advertised for bid opening on October 4, 2004
and extended to October 18, 2004. No bids were received on that date.
Staff modified the Contract Documents and re -advertised. Notice Inviting Sealed Bids
was advertised on December 17, 20 and 23, 2004 in both The Desert Sun and Press
Enterprise, and on December 12 and 19, 2004 in El Informador Del Valle.
Staff also conducted an extensive outreach program to make contractors specifically
aware of this project.
The bid opening took place on January 18, 2005, and the following bids were received:
Portrait Homes, Inc., Corona California $7,952,000.00
Taylor Frager, Inc., Temecula California $5,839,386.00
Taylor Frager is the apparent low bidder and is properly licensed to perform the work.
Staff recommends that the Agency authorize the award of contract to Taylor Frager.
Submitted by:
B rycVyn n e
Senior Cos ction Contract Administrator
mh
Approval:
Department Head:
L�
Dave Yr'
Directo edevelopment/Housing
_6ie5l,14� -
Ju ' IcCarthy, ACM10'11�
p Paul S. Gibson, Director of Finance
Carlos L. Orte , Executive Director
GARDA\Maria Hunt\WPDATA\HOUSING\WHITE\stfrpls\012705contractR21780 - 2.doc
FOR THE RECORD:
Taylor Frager, Inc. has acknowledged receipt of all the issued
Addenda No's. 1, 2, 3 and 4 although their Contractor's Proposal only
specifies Addenda No's. one through three which deficit has been
considered by the Agency Board to authorize the Award of Contract.
JAN-18-2005 16:47 FROM-TAYLOR FRAGER-TEbECULA
+9092969893 T-911 P.001/003 F-881
' * ' FRAGER
A TAYLOR Conamcdon Group Company
TRANSMITTAL
To
Bryce White
Company
Palm Desert Redevelopment
Address
Palm Desert
Phone
760-346-0611
Fax
760-341-6372
Re
Palm Village Apts,
General Contractors
GonsirUrtiorl n e
Date: January 18, 2005
From
Phone
Fax
Direct
Pages
CC
Approved X For Approval ❑ Approved as Noted
Kevin Clegg
(951) 296-9892
(951) 296-9893
(951) 461-6490
103
File
Revise & Resub. ❑ Rejected
• Mr. White, ,
• Taylor Frager acknowledges that there was an addendum # 4 issued January 14!' 2005,
pertaining to the Palm Village Apartments project.
• We received the Addendum on January 14 @ 3:15 in the afternoon.
There is no adjustment to our bid proposal in connection to addendum # 4.
• Please see time and date on attached transmittal.
• If you have any questions please do not hesitate to call me
Thank a ,
Kevin Clegg
Senior Estimator
Email: kciegg@taylorconstgrp.com
41661 Enterprise Circle North # 217
Temecula, Ca. 92590
JAN-18-2005 16:47 FROM-TAYLOR FRAGER-TEMECULA
+9092969893 T-911 P-002/003 F-881
PALM DESERT REDEVELOPMENT
AGENCY
73-510 Fred Waring Drive
Palm Desert, California 92260
Telephone: (760) 346-0611 Fax: 760-341-6372
info@paim-desert.org
FACSIMILE TRANSMITTAL COVER SHEET
DATE: January 14, 2005
TO: Kevin Cieaa
COMPANY: Tavlor• Freaer Construction Grou►a COMDanv
FAX NO.: (951) 296-9898 PHONE NO. (951) 296-9892
VERIFY: 13 page(s) INCLUDING this cover sheet. If this
transmission is incomplete, call the person designated below.
FROM: Brvice White ,PHONE NO.L780) 778-8377
x Deliver to recipient immediately
In accordance with your request
Hard copy to follow
COMMENTS:
Attached is Addendum #4 for the Palm Village Apartments,
ATTN: Bidders must notate Addendum Nos. 1. 2, 3, and 4 on
page C-1 of Contractor's Proposal to be opened at 2:30
P-M, on January 18, 2005.
JAN-18-2005 16:46 FROM-TAYLOR FRAGER-TEI,IECULA +9092969893 T-911 P.003/003 F-881.
PALM DESERT REDEVELOPMENT AGENCY
ADDENDUM[ NO. 4
FOR
PALM VILLAGE APARTMENTS
CONSTRUCTION OF A 36-UNIT APARTMENT COMPLEX
73-650 SANTA ROSA WAY, PALM DESERT
PROJECT NO.955-04
CONTRACT NO. R-21780
January 14, 2005
The following changes, omissions, and/or additions to the Project Plans,
Specifications, and Contract Documents shall apply to proposals made for and to
the execution of the various parts of work affected thereby, and all other
conditions shall remain the same.
Careful note of the Addendum shall be taken by all parties of interest so that the
proper allowances may be made in strict accordance with the Addendum, and
that all trades shall be fully advised in the performance of the work which will be
required of them.
In case of conflict between the Project Plans, Specifications, and Contract
Documents and this Addendum, this Addendum shall govern-
1. Reference is made to Plans and Drawings on Sheets GP-2, C1.2, and
C2.1. regarding water meters.
Disregard water meter notes on drawings $hest GP-2 and C1.2.
Regarding drawing Sheet C2.1, Water Construction Notes;
Note (4) Install 1W FEBCO (Model 825Y) BFP and Note (6) Install
116" PVC Pipe to apply at all four locations for Note (2) Existing 1"
water meters,
Note (5) Install 2" FEBCO (Model 825Y) BFP and Note (7) install 2"
PVC Pipe to be deleted and replaced by Note (4) and Note (6)
respectively.
Contractor shall utilize the existinq four (4) 1" water meters. There will not
be (3) 11/2" water meters installed.
o:=A%DUW 04UBhX ER=• PAW VU A=ADD A µa-11305 W
Contract No. R21780
AGREEMENT
THIS AGREEMENT is made and entered into this 27t" day of January, 2005, by
and between the Palm Desert Redevelopment Agency of Palm Desert, California,
hereafter called "OWNER," and Taylor Frager, Inc., hereinafter called "CONTRACTOR."
WITNESSETH
RECITALS:
CONTRACTOR has submitted to OWNER its CONTRACTOR's Proposal for the
construction of OWNER Project,
1. PALM VILLAGE APARTMENTS — CONSTRUCTION OF A 36-UNIT
APARTMENT COMPLEX AT 73-650 SANTA ROSA WAY, PROJECT NO. 955-04,
CONTRACT NO. R21780 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
NOTICE INVITING SEALED BIDS; (B) The INSTRUCTION TO BIDDERS; (C)
The CONTRACTOR'S PROPOSAL; (D) The INFORMATION REQUIRED OF
BIDDER; (E) The NONCOLLUSION AFFIDAVIT; (F) The BIDDERS BOND; (G)
The AFFIRMATIVE ACTION PROGRAM; (H) The ECONOMIC
OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME PERSONS (1) The
CERTIFICATION OF BIDDER AND QUALIFICATIONS; (J) The
CONTRACTOR'S LICENSE; (K) This AGREEMENT; (L) The WORKER'S
COMPENSATION CERTIFICATION; (M) The WORKER'S
COMPENSATION/EMPLOYERS LIABILITY ENDORSEMENT; (N) The
PAYMENT BOND; (0) The PERFORMANCE BOND; (P) The GENERAL
SPECIFICATIONS; (P) The GENERAL SPECIAL PROVISIONS; Q) The
STANDARD SPECIFICATIONS as modified in other portions of the Contract
Documents; (R) The PLANS; (S) The ADDENDA NOS.1,2,3,4; (T) The
Determination of Prevailing Wage Rates for Public Work; (U) Any Change
Orders issued; (V) 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
Contract No. R21780
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 for the on -site improvements within eleven (11)
calendar months 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, 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. Contractor shall pay to Owner Liquidated Damages if Section 2 of this Page K-2
is not complied with. Liquidated damages shall begin at $250.00 per calendar
day of delay and increased by an additional $250.00 per every 15 calendar days
of delay thereafter to a maximum of $2,000 per day.
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
Contract No.R21780
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 REDEVELOPMENT
AGENCY
Buford A. Crites, Chair
Attest:
Rachelle D. Klassen
Agency Secretary
Approved as to Form:
Dave Erwin, City Attorney
"TAYLOR FRAGER, INC." (signature to be
notarized)
By:
Attest:
James M. Frager, President
Title
CONTRACT NO. R21780
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That whereas the Palm Desert Redevelopment Agency has awarded to TAYLOR
FRAGER. INC. after designated as the "Principal," a contract for: PALM VILLAGE
APARTMENTS CONSTRUCTION OF A 36-UNIT APARTMENT COMPLEX AT 73-650
SANTA ROSA WAY, PALM DESERT, CALIFORNIA, PROJECT NO. 955-04,
CONTRACT NO. R21780.
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 TAYLOR FRAGER. INC. as Surety, are
held and firmly bound unto the Palm Desert Redevelopment Agency hereinafter called
the OWNER, in the penal sum of FIVE MILLION EIGHT HUNDRED THIRTY NINE,
THOUSAND THREE HUNDRED EIGHTY SIX DOLLARS, ($5.839.386.00), 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 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 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.
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CONTRACT NO. R21780
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
, 2004.
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
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CONTRACT NO. R21780
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the Palm Desert Redevelopment Agency (sometimes referred to
hereinafter as "Obligee") has awarded to TAYLOR FRAGER. INC. (hereinafter
designated as the "CONTRACTOR"), an agreement dated , described as
follows: PALM VILLAGE APARTMENTS — CONSTRUCTION OF A 36-UNIT
COMPLEX AT 73-650 SANTA ROSA WAY, PALM DESERT, CALIFORNIA,
PROJECT NO. 955-04 CONTRACT NO. R21780, (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 of FIVE MILLION EIGH HUNDRED THRIRTY
NINE THOUSAND THREE HUNDRED EIGHTY SIX DOLLARS
($5,839.386.00), 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 Sections 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 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
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
N-1
CONTRACT NO. R21780
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)
By:
(Signature)
(Typed Name and Title)
The rate of premium on this bond is
SURETY:
(Typed Name of Surety)
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
The total amount of premium charged: $
(the above must be filled in by corporate surety).
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.
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CONTRACT NO. R21780
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
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