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HomeMy WebLinkAboutSR - R25590 - PHII La Spiga Civil ImprvmntsPALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AUTHORIZE AWARD OF CONTRACT NO. R25590 TO JACOBSSON ENGINEERING CONSTRUCTION, INC. FOR CONSTRUCTION OF THE LA SPIGA (PHASE TWO) CIVIL IMPROVEMENTS AT ENTRADA DEL PASEO SUBMITTED BY: MISSY WIGHTMAN, PROJECT COORDINATOR CONTRACTOR: JACOBSSON ENGINEERING CONSTRUCTION, INC. P.O. BOX 14430 PALM DESERT, CA 92255-4430 DATE: NOVEMBER 16, 2006 CONTENTS: CONTRACT NO. R25590 Recommendation: By Minute Motion, that the Agency Board: (1) Authorize the award of Contract No. R25590 in the amount of $695,584.80 to Jacobsson Engineering Construction, Inc. for the construction of the La Spiga (Phase Two) Civil Improvements at the Entrada del Paseo; (2) Authorize the Finance Director to set aside the amount of $69,560 as 10% contingency (use of contingency requires additional action). Funds are available in Account No. 850-4358-433-4001. Executive Summary: Approval of the staff recommendation will allow construction to begin on the La Spiga (Phase Two) Civil Improvements at Entrada del Paseo. This will allow for construction of a new building pad for the La Spiga restaurant and development of the westernmost portion of land on the Entrada Del Paseo site. After the La Spiga restaurant construction is complete, there will be one remaining undeveloped portion of land. Discussion: The La Spiga Civil Improvements project at Entrada del Paseo has received approvals from the appropriate committees, internal departments, and outside agencies. The work to be accomplished consists of the civil improvements necessary to fulfill obligations under the La Spiga Disposition and Development Agreement (DDA) to provide a finished building pad, street improvements, parking, parking lot lighting, and utilities. Additionally, the civil work in this Staff Report Authorize Award of Contract No. R25590 to () for Construction of the La Spiga (Phase Two) Civil Improvements at Entrada Del Paseo Page 2 of 2 November 16, 2006 project improves the undeveloped site that lies in the westernmost portion of land on the Entrada Del Paseo site. On August 24, 2006, the Agency Board authorized the City Clerk to advertise and call for bids for the La Spiga Civil Improvements at Entrada del Paseo. The advertisement for bids was published in the Desert Sun. Bids were submitted by six contractors and were publicly opened on November 3, 2006. The following summarizes the bid results: Jacobsson Engineering Construction, Inc. (Palm Desert) $ 695,584.80 Dateland Construction, Inc. (Coachella) $ 837,316.20 Cora Constructors, Inc. (Palm Desert) $ 881,179.00 Alliance Streetworks (Anaheim) $ 988,142.00 Mocon Corporation (Indio) $1,292,938.30 Zondiros Corp. (Torrance) $1,331,778.60 Low bid for the construction of the La Spiga (Phase Two) Civil Improvements was submitted by Jacobsson Engineering Construction, Inc. of Palm Desert, California, in the amount of $695,584.80. Staff has reviewed the bid and bid documents and found them to be in order. Accordingly, staff requests authorization of award of Contract No. R-25590 to Jacobsson Engineering Construction, Inc for construction of the La Spiga (Phase Two) Civil Improvements at Entrada Del Paseo. Submitted by: 4AZL;L�� Missy Wightmo Project Co inator ApprovaI Carlos L Department Head: /?T, Dave Yrigoy `J Director of Redevelopment/Housing OAU)Z/A"�- ent Paul S. Gibson, Director of Finance ()1Kd BY RDA ON I k A ID_ G(p VERIFIED BY Original on file with City CJwk's Office G:\RDAWelissa Wightman\La Spiga\QvAStatl Report- Award Construction.doc CONTRACT NO. R25590 AGREEMENT THIS AGREEMENT is made and entered into this 16t" day of November 16, 2006, by and between the Palm Desert Redevelopment Agency of Palm Desert, California, hereafter called "OWNER," and Jacobsson Engineering Construction, Inc., hereinafter called "CONTRACTOR." WITNESSETH RECITALS: CONTRACTOR has submitted to OWNER its CONTRACTOR's Proposal for the construction of OWNER Project, 1. PHASE TWO CIVIL IMPROVEMENTS AT ENTRADA DEL PASEO PROJECT NO. 967-06, CONTRACT NO. R25590 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; (j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos. 1, 2 and 3; (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. J-1 CONTRACT NO. R25590 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 ONE HUNDRED THIRTY FIVE (135) calendar days from the Notice to Proceed date to the satisfaction of the OWNER's REPRESENTATIVE. Contractor shall also complete grading of the future restaurant pad and restaurant lot, including backfill, (if required), compaction and pad certification within THIRTY (30) calendar days from the Notice to Proceed date to the satisfaction of the OWNER's REPRESENTATIVE. 3. Contractor agrees to indemnify, defend and save OWNER 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 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. Attention is directed to the General Specifications pages GS-25, through GS-30, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. 4. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the Palm Desert Redevelopment Agency in place of the Agency. Liquidated damages shall be $1,000.00 dollars per calendar day of delay, for each of the two milestones described in paragraph 2, above. 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. J-2 CONTRACT NO. R25590 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: 1 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. PALM DESERT REDEVELOPMENT AGENCY By Jim Ferguson, Chairman ATTEST: Rachelle D. Klassen Approved as to Form: Dave Erwin, City Attorney JACOBSSON ENGINEERING CONSTRUCTION, INC. (signature to be notarized) Name, Title ATTEST: J-3 State of California ) SS. County of } On , before me, a Notary Public, personally appeared , personally known to me (or 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. WITNESS my hand and official seal. Signature DESCRIPTION OF ATTACHED DOCUMENT: (TITLE OR TYPE OF DOCUMENT) (NUMBER OF PAGES) (DATE OF DOCUMENT) (SIGNER(S) OTHER THAN NAMED ABOVE) (seal) Right Thumbprint of Signer (Optional) 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 Jacobsson Engineering Construction, Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated November 16, 2006 described as follows: PHASE TWO CIVIL IMPROVEMENTS AT ENTRADA DEL PASEO, PROJECT NO. 967-06, CONTRACT NO. R25590, (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, Jacobsson EngineerinQ Construction, Inc., 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 Six Hundred Ninety -Five Thousand Five -Hundred Eighty -Four and 80/100 Dollars ($695,584.80), 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 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. ON Ci:\RDA\Mclissa Wightman\La Spiga\CivilThase 2 Bid Specifications Am 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: Jacobsson Engineering Construction, Inc. (Typed Name of Surety) By: By: (Signature) (Typed Name and Title) The rate of premium on this bond is The total amount of premium charged: $ (the above must be filled in by corporate 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. 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) M-2 GARDAWelissa Wightman\La Spiga\CiviRPhase 2 Bid Specifications.doc PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the Palm Desert Redevelopment Agency has awarded to Jacobsson EnQineerinp- Construction, Inc. after designated as the "Principal," a contract for: PHASE TWO CIVIL IMPROVEMENTS AT ENTRADA DEL PASEO, PROJECT NO.967- 06, CONTRACT NO. R25590. 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 Palm Desert Redevelopment Agency hereinafter called the OWNER, in the penal sum of Six Hundred Ninety -Five Thousand Five -Hundred Eighty -Four and 80/100 Dollars ($695.584.80), 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. N-1 GARDAWelissa Wightman\La Spiga\C'ivilftase 2 Bid Specifications.doc 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 2006. SURETY C'3'A INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER N-2 PRINCIPAL M. 6ARDAWelissa WightmanIz Spiga\Civil\Phasc 2 Bid Spec ifications.doc