HomeMy WebLinkAboutA9175 - LCR EARTHWORK & ENGINEERING CORPORATIONCONTRACT ABSTRACT
2 Originals: Agreement; 1 Original: Performance & Payment Bond and Insurance
Contract
Company Name: LCR Earthwork & Engineering Corporation
Company Contact: Jennifer Mendoza
Summary of Services: CP 21-14, Airport Regional Concourse Gate 16 Taxiway Repair
Contract Price: $105,850
Funding Source: Airport funds
Contract Term: To be determined by the Notice to Proceed
Contract Administration
Lead Department: Development Services — Engineering Division
Contract Administrator: Joel Montalvo/Andrew Crider
Contract Approvals
City Manager Approval Date: TBD
Agreement Number: A9175
Contract Compliance
Exhibits:. Attached
Signatures: Attached
Insurance: Attached
Bonds: Attached
Contract Prepared By: Engineering Division
Submitted on: 07/19/2022 By: Vonda Teed vvl
AGREEMENT A9175
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this 13 day of duly , 2022, by and between
the City of Palm Springs, a charter city, organized 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 LCR Earthwork & Engineering Corporation, a California corporation, 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:
AIRPORT REGIONAL CONCOURSE GATE 16 TAXIWAY REPAIR
The Work comprises of consists of furnishing all materials, equipment, tools, labor, and
incidentals as required by the Plans, Specifications, and Contract documents. Please refer
to Exhibit A Site Plan in the Appendix for limits of work to be performed. The general items
of work include, but may not be limited to, removal of existing asphalt, unclassified
excavation, unclassified fill, subgrade preparation, installation of hot mix asphalt pavement
surface and base course (P-403), and all other work required.
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.
Revised 2.9.22 Page 1 of 5
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.
ARTICLE 3 -- CONTRACT 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 ONE HUNDRED FIVE
THOUSAND EIGHT HUNDRED AND FIFTY($105.850.00).
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 diem 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 numbers 1 to 1,
inclusive, 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.
Revised 2.9.22 Page 2 of 5
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
Contractor shall provide indemnification and defense as set forth in Section 7-15
"Indemnification," of the Special Provisions.
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 and for one (1) year thereafter. Contractor warrants 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-DISCRIMINATION
Revised 2.9.22 Page 3 of 5
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.
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Revised 2.9.22 Page 4 of 5
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS
AND LCR EARTHWORK & ENGINEERING CORPORATION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
CONTRACTOR: LCR Earthwork & Engineering, Corp.
By: 2 By:
Signat Jennifer Mendoza Sig re Jorge L Mendoza- Vice President
President (2nd signature required for Corporations)
Date: July 13. 2022 Date: July 13, 2022
CITY OF PALM SPRINGS:
ATTEST:
By: C V/e
Ci � tt ney
APPROVED:
By: &
J tin Clifton
City Manager
APPROVED eyanMANAGER
I75 works <3ooK
Revised 2.9.22 Page 5 of 5
Date:
City Clerk
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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State of California
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Is/they executed the same in maker/their authorized capaci les , and that by
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which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
N e (Notary Public Seal)
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(Tide or description of attached document)
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RECEIVED
NOV 14 2022
City Hall
Reception Desk
CALIFORNIA PRELIMINARY NOTICE
In accordance with sections 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.
OWNER or PUBLIC ENTITY
or Reputed Owner (on public work)
(on private work)
THE CITY OF PALM SPRINGS
3200 E. TAHQUITZ CANYON WAY
Palm Springs, CA 92262
DIRECT CONTRACTOR or
Reputed Direct Contractor, if any.
(on private or public work)
LCR EARTHWORK & ENGINEERING CORP
3200 E. GAUSTI ROAD, SUITE 100
Ontario, CA 91761
CONSTRUCTION LENDER or
Reputed Construction Lender, if any.
(on private work)
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.
YOU ARE HEREBY NOTIFIED THAT...
WEST COAST SAND & GRAVEL, INC.
PO BOX 5067
BUENA PARK, CA 90621
(714)522-4403
(714)735-7025
P V / 7r
relationship of claimant to the parties
MATERIALS SUPPLIER
has furnished or will furnish labor, services, equipment or
materials of the following general description:
CONSTRUCTION MATERIALS, LANDSCAPING MATERIALS,
AND/OR FREIGHT
for the building, structure or other work of improvement located at:
PALM SPRINGS AIRPORT REGIONAL CONCOURSE GATEWAY
16 TAXIWAY REPAIRS PROJECT
3400 East Tahquitz Canyon Way
Palm Springs, CA 92262
Contract #:
Job #:
The name of the person or firm who contracted for the purchase of
such labor, services, equipment or material is:
LCR EARTHWORK & ENGINEERING CORP
3200 E GUASTI ROAD, SUITE 100
ONTARIO, CA 91761
(951)934-3231
(951) 602-8022
An estimate of the total price of the labor, services, equipment or
materials furnished or to be furnished is:
$30,000.00
Dated 11/9/2022
V14S-74iStapLl7tFlce Manager
Signanac Title