HomeMy WebLinkAboutA8914 - R.E. CHAFFEE CONSTRUCTION, INC.A8914
CONTRACT ABSTRACT
2 Originals: Contract Change Order No. 1; Insurance
Contract
Company Name: R. E. Chaffee Construction, Inc.
Company Contact: Ronald E. Chaffee Jr., President
Summary of Services: CP 20-30, Demuth and Desert Highland Park Restrooms
Contract Price: $887,476.18 (including this CCO#1 for $49,476.18)
Funding Source: Quimby and Measure J funds
Contract Term: To be determined by the Notice to Proceed
Contract Administration
Lead Department: Development Services — Engineering Division
Contract Administrator: Joel Montalvo/Mike Lytar
Contract Approvals
Council Approval Date: July 22, 2021
Agenda Item No.: Item I.P.
Contract Change Order # 1: TBD
Agreement Number: A8914
Contract Compliance
Exhibits: On file
Signatures: Attached
Insurance: Attached
Bonds: On file
Contract Prepared By: Engineering Division
Submitted on: 04/12/2022 By: Vonda Teed o
CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER
To: R.E. Chaffee Construction, Inc. Date: March 16, 2022
1253 Evergreen Rd. Suite #3 Project No: 20-30
Wriqhtwood, CA 92397 Project: Park Restrooms
Change Order One (1)
CHANGES IN WORK:
Current sewer infrastructure at Desert Highland Park does not allow for proper servicing of the new
restroom facility. This item will allow for the installation of a new 6" sewer lateral. This will provide for
the function of the new restroom and will additionally provide infrastructure for future use by the
James O. Jessie Desert Highland Unity Center should the function of the current lateral continue to
deteriorate.
Scope: This item takes into account a credit for sewer lateral installation work planned as part of the
project as originally bid. The scope of this item is to construct approximately an additional 330 LF of
6" Sewer Lateral from the new restroom facility to the sewer main in Tramview Rd. This work will
includes but is not necessarily limited to:
- Installation of 6" SDR 35 sewer lateral at an approximate excavation depth of 4 to 7 feet with
Clean -outs installed at 200 ft interval and sloped to provide appropriate drainage.
- Installation and connection to existing 8" VCP sewer main via 8"x6" saddle connection.
- Removal and replacement of 3" AC paving as necessary to allow for lateral installation
including 12 in 'T" section header gut/grind.
- Traffic Control as necessary to complete street operations.
All work to be performed in accordance with the Special Provision, applicable City Standard Drawings
an Public Works Construction Greenbook.
Barring any unknown conditions this work will be constructed, complete, functional in in place for the
Lump Sum/Agreed Price indicated:
Lump Sum/Agreed Price $49,476.18
SOURCE OF FUNDS:
Sufficient funds are available in Account No. 1522000-8000 Quimby
SUMMARY OF COSTS:
Original Contract Amount: $ 838,000.00
This Change Order: $49,476.18
Previous Change Order(s): $0.00
Revised Contract Amount: $ 887,476.18
[SIGNATURES ON NEXT PAGE]
Contract Change Order No. 1
March 16, 2022
Page 2
I have received a copy of this Change Order and the above AGREED PRICE is acceptable to
R.E. Chaffee Construction, Inc. 014'm
Signature Date
Aorta )d C eh A-*Ier�P `S r-
Printed Name and Title
City of Palm Springs
Recommended By: <
Joel' ontalvo, City Engineer Date
Approved By: _ F�i-
2
Jinn Fagg, DelSuty CitManager Cfate
Attest By: JAI I A Zg ZZ
Monique L meli, Acting City Clerk Dat
A Wa14
Distribution:
Original Conformed Copy:
Contractor (1)
City Clerk (1)
Conformed - File Co
Engineering Pay File (1)
Project City File (1)
Purchasing (1)
Finance (1)
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this 310day of A k,sk' , 2071, by and between
the City of Palm Springs, a charter city, organize and existing in the County of Riverside,
under and by virtue of the laws of the State of California, hereinafter designated as the
City, and R.E. Chaffee Construction, Inc., hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by
City, Contractor agrees to furnish all materials and perform all work required to complete
the Work as specified in the Contract Documents, and as generally indicated under the
Bid Schedule(s) for the Project entitled:
DEMUTH AND DESERT HIGHLAND PARK RESTROOM
CITY PROJECT NO. 20-30
The Work comprises the construction of two (2) restroom structures at Demuth and
Desert Highland Parks as detailed within the contract documents.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in
the Notice to Proceed by the City, and the Work shall be fully completed within the time
specified in the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and
that the City will suffer financial loss if the Work is not completed within the time specified
in Article 2, herein, plus any extensions thereof allowed in accordance with applicable
provisions of the Standard Specifications, as modified herein, The parties also recognize
the delays, expense, and difficulties involved in proving in a legal proceeding the actual
loss suffered by the City if the Work is not completed on time. Accordingly, instead
of requiring any such proof, the City and the Contractor agree that as liquidated damages
or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section
6-9 of the Special Provisions for each calendar day that expires after the time specified in
Article 2, herein. In executing the Agreement, the Contractor acknowledges it has
reviewed the provisions of the Standard Specifications, as modified herein, related to
liquidated damages, and has made itself aware of the actual loss incurred by the City due
to the inability to complete the Work within the time specified in the Notice to Proceed. This
Section does not exclude recovery of other damages specified in the Contract Documents.
Liquidated damages may be deducted from progress payments due Contractor, Project
retention or may be collected directly from Contractor, or from Contractor's surety. These
provisions for liquidated damages shall not prevent the City, in case of Contractor's
default, from terminating the Contractor.
AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 1
55575.18155-32900158 2
ARTICLE 3 -- CONTRA_. PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change
Orders approved by the City. The amount of the initial contract award in accordance with
the Contractor's Bid Proposal is $838,000.
Contractor agrees to receive and accept the prices set forth herein, as full compensation
for furnishing all materials, performing all work, and fulfilling all obligations hereunder.
Said compensation shall cover all expenses, losses, damages, and consequences arising
out of the nature of the Work during its progress or prior to its acceptance including those
for well and faithfully completing the Work and the whole thereof in the manner and time
specified in the Contract Documents; and, also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the
Work, suspension of discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work.
ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per them wages as determined by the Director of the California Department
of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local
Business Preference Program — Good Faith Efforts, Non -Discrimination Certification, Non -
Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this
Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond,
Standard Specifications, Special Provisions, the Drawings, Addenda issued during bidding
(if any), and all Construction Contract Change Orders and Work Change Directives which
may be delivered or issued after the Effective Date of the Agreement and are not attached
hereto.
ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by
the City, the Contractor agrees to furnish all materials and perform all work required for the
above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract
Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the
materials, complete the Work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the Contract Price herein identified, and
hereby contracts to pay the same at the time, in the manner, and upon the conditions set
forth in the Contract Documents.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and
Labor Code requirements specified in the Contract Documents, including the requirement
to furnish electronic certified payroll records directly to the Labor Commissioner (via the
Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per
diem wages as determined by the Director of the Department of Industrial Relations of the
State of California.
AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 2
55575.18165' 32900158 2
ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the City Engineer as provided in the Contract Documents.
ARTICLE 7 -- NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the
other party. Written notice to the Contractor shall be addressed to Contractor's
principal place of business unless Contractor designates another address in writing
for service of notice. Notice to the City shall be addressed to the City as designated
in the Notice Inviting Bids unless the City designates another address in writing for
service of notice. Notice shall be effective upon receipt or five (5) calendar days
after being sent by first class mail, whichever is earlier. Notice given by facsimile
shall not be effective unless acknowledged in writing by the receiving party.
ARTICLE 8 -- INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the City, and all of its officers and
agents from any claims, demands, or causes of action, including related expenses,
attorney's fees, and costs, based on, arising out of, or in any way related to the Work
undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of
Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced
and made a part hereof.
ARTICLE 9 — PREVAILING WAGES
Contractor agrees to fully comply with all applicable federal and state labor laws
including, without limitation California Labor Code Section 1720, et seq., and 1770,
et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.
("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of
prevailing wages under California law, and Contractor hereby agrees to defend,
indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free
and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and
Labor Code requirements specified in the Contract Documents, including the requirement
to furnish electronic certified payroll records directly to the Labor Commissioner (via the
Division of Labor Standards Enforcement), and shall pay the general prevailing rate of
per diem wages as determined by the Director of the Department of Industrial Relations
of the State of California.
ARTICLE 10 -- CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City has or shall have any
direct or indirect financial interest in this Agreement nor shall Contractor enter into any
agreement of any kind with any such officer or employee during the term of this
AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 3
55575 18165 32900158.2
Agreement and for one ,, year thereafter. Contractor warra,..s that Contractor has not
paid or given, and will not pay or give, any third party any money or other consideration
in exchange for obtaining this Agreement.
ARTICLE 11 --NON-DISC RIMI NATION
In connection with its performance under this Agreement, Contractor shall not discriminate
against any employee or applicant for employment because of actual or perceived race,
religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin,
immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation,
gender identity, gender expression, physical or mental disability, or medical condition (each
a "prohibited basis"). Contractor shall ensure that applicants are employed, and that
employees are treated during their employment, without regard to any prohibited basis. As
a condition precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Contractor certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Contractor activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship;
and further, that Contractor is in full compliance with the provisions of Palm Springs
Municipal Code Section 7.09.040, including without limitation the provision of benefits,
relating to non-discrimination in city contracting.
ARTICLE 12 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the
Special Provisions will have the meanings indicated in said Standard Specifications and the
Special Provisions. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the written consent of
the party sought to be bound; and specifically, but without limitation, monies that may
become due and monies that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
Each and every provision of law required to be included in these Contract Documents shall
be deemed to be included in these Contract Documents. The Contractor shall comply with
all requirements of applicable federal, state and local laws, rules and regulations, including,
but not limited to, the provisions of the California Labor Code and California Public
Contract Code which are applicable to this Work.
SIGNATURES ON NEXT PAGE
55575 18165 32900158.2
AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 4
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS,
CALIFORNIA
By
Justin CliVn
City Manager
ATTEST:
M
APPROVED AS TO FORM:
By
ey 8Aallinger
City Attorney
RECOMMENDED:
By-..
Joel Montalvo, P.E.
City Engineer
APPROVED BY THE CITY COUNCIL:
Date 22/Z+ 1. P•
Agreement No. A Wq 14
55 5 75.18165'. 32900158.2
AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 5
CONTRACTOR
By:
Firm/Company Name
By:
_ 6k
Signatur notarized)
Name: Rya E. c6u�f--
Title: kadm-f-'
By:
Signature (notarized)
Name:
Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of
that document.
(This Agreement must be signed in the above
space by one having authority to bind the
Contractor
to the terms of the Agreement.)
State of
County of nn nn tz6s
On
before me,
personally appeared 2 mild
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(5)
03re subscribed to the within instrument and
acknowledged to me that gtbeMeq executed
the same in aPher/thOr authorized capacity(jes),
and that by hWherAPAr signaturesK on the
instrument the personal, or the entity upon behalf
of which the personW acted, executed the
instrument.
(This Agreement must be signed in the above space
by one having authority to bind the Contractor to the
terms of the Agreement.)
State of }
County of }ss
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 signatures(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 I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and.officia seal.
Notary Signatur .
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal: JESSICA CHAFFEE Notary Seal:
CommMlon No. 2240269
09ANARDM AGREEMENT FORM
0001Mriri E"�'�"�� Z0�2 AGREEMENT AND BONDS - PAGE 6
55575.18165\3291 "�
CALIFORNIA PRELIMINARY NOTICE
In accordance with section 8102, 8202 and 9303, California Civil Code. THIS IS NOT A LIEN. This is NOT a
reflection on the integrity of any contractor or subcontractor
CONSTRUCTION LENDER OR
REPUTED CONSTRUCTION LENDER
_
Requested
OWNER OR
REPUTED OWNER(S)/PUBLIC ENTITY
CITY OF PALM SPRINGS
'3200 E TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
DIRECT CONTRACTOR OR
REPUTED DIRECT CONTRACTOR
RE CHAFFEE CONSTRUCTION
PO BOX 3087
WRIGHTWOOD, CA 92397
LIBERTY MUTUAL INSURANCE COMPA
RECEIVED
JUN 0 4 2024
OFFICE OF THE CITY CLERK
Name and Address of claimant giving notice:
Ferguson Enterprises. LLC dba Ferguson
Waterworks 11909 Tech Center Ct, Poway,
California 92064-7139
has furnished or will furnish labor, service, equipment
or material of the following general description:
Plumbing / HVAC / Pipe / Valves / Fittings /
Waterworks / Install Svcs / Stormwater / Erosion
Control / Const Materials
Description of the job site sufficient for identification:
BASEMENT SEWAGE PUMP SYST, 3200 E
TAHQUITZ CANYON WAY, PALM SPRINGS,
California. 92262
The name of the person or firm who contracted for
the purchase of such labor, service, equipment or
material furnished is:
RE CHAFFEE CONSTRUCTION
Job Account: SOCALWW*33304
An estimate of the total price of the labor, service,
equipment or material provided or to be provided is:
$10,000.00
NOTICE TO PROPERTY OWNER
EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN
FULL, if the person or firm that has given you this notice is
not paid in full for labor, service, equipment, or material
provided or to be provided to your construction project, a
lien may be placed on your property. Foreclosure of the lien
may lead to loss of all or part of your property. You may
wish to protect yourself against this by (1) requiring your
contractor to provide a signed release by the person or firm
that has given you this notice before making payment to
your contractor, or ( 2) any other method that is appropriate
under the circumstances.
This notice is required by law to be served by the
undersigned as a statement of your legal rights. This notice
is not intended to reflect upon the financial condition of the
contractor or the person employed by you on the
construction project.
If you record a notice of cessation or completion of
your construction project, you must within 10 days after
recording, send a copy of the notice of completion to your
contractor and the person or firm that has given you this
notice. The notice must be sent by registered or certified
mail. Failure to send the notice will extend the deadline to
record a claim of lien. You are not required to send the
notice if you are a residential homeowner of a dwelling
containing four or fewer units.
Date: May 24, 2024
9307110011701168662837
Signature:
Mail Center PRESORT
PO Box 9023 First -Class Mail
Temecula, CA 92589-9023 U.S. Postage and
Fees Paid
W SO
9307 1100 1170 1168 6628 37
20240528-214
IIIII'11' III I.IIIIIII-III'IIIIII ..... 1IIII1I.1I'II1h
CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
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