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C11-29 - Christensen Brothers General Engineering Inc. 09:q Li)) Beaumont City Contract No. AGREEMENT THIS AGREEMENT is entered into at Beaumont, California as of the date set forth below is between City of Beaumont hereafter called "City" and Christensen Brothers General Engineering, Inc. hereafter called "Contractor". WITNESSETH RECITALS: I. Contractor has submitted to City his Contractor's Proposal for the construction of City Project BRIDGE and STREET IMPROVEMENT along BROOKSIDE AVENUE Between Oak View Drive and Beaumont Avenue (File No. 1896) in strict accordance with the Contract Documents identified below and City has accepted said Proposal. 2. Contractor states that he has reexamined his Contractor's Proposal and found it to be correct,has ascertained that his subcontractors are properly licensed and possess the requisite skill and forces,has reexamined the site and Contract Documents and is of the opinion that he can presently do the work in accordance with the Contract Documents for the money set forth in his Proposal to be paid as provided in the Contract Documents. AGREEMENT: • ( IT IS AGREED BY THE PARTIES AS FOLLOWS: 3. 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 Bid Bond, (f)The Payment Bond, (g) The Performance Bond, (h)The General Conditions, (i)The Special Provisions, (j) The Standard Specifications of the State of California Department of Transportation edition of May 2006 as modified in other portions of the Contract Documents, (k) The Standard Plans of the Department of Transportation identified on the plans or in the Special Provisions, (1)The Plans,File Number 1896 and 1809-A (m)Addenda No.l-5 (n)The Determination of Prevailing Wage Rates for Public Work, (o)Any Change Orders issued,and (p) Any additional or supplemental specifications, notice, instructions and drawings issued in accordance with the provisions of the Contract Documents. (Th All of said Documents presently in existence are herein incorporated by reference with like effect as if here set forth in full and upon the proper issuance of other documents they shall likewise be deemed incorporated. Specs&Contract BRIDGE and STREET IMPROVEMENT along BROOKSIDE AVENUE (File No.18%) Page 18 of 37 The Bid Bond is exonerated upon execution of this Agreement and the Payment Bond and Faithful Performance Bond. 4. The Work. Contractor shall do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents. 5. Liquidated Damages and Time of Completion. Attention is directed to the provisions in Section 8-1.06, "Time of Completion", and in Section 8-1.07, "Liquidated Damages",of the Standard Specifications and these Special Provisions. The Contractor shall begin work within 10 days of the date stated within the written "Notice to Proceed." Contractor shall complete this project within one hundred fifty (150)working days. The Contractor shall notify the Engineer,in writing,of his intent to begin work at least 72 hours before work is begun.The notice shall be delivered to the Public Works Department's Construction Manager and shall specify the date the Contractor intends to start.If the project has more than one location of work,a separate notice shall be given for each location. Should the Contractor begin work in advance of receiving a written "Notice to Proceed", any work performed by him in advance of the date stated in the"Notice to Proceed"shall be considered as having been done by him at his own risk and as a volunteer and subject to the following: (a) The Contractor shall,on commencing operations,take all precautions required for public safety and shall observe all the provisions in the Specifications and the Special Provisions. (b) All work done according to the contract prior to the issuance of the"Notice to Proceed",will be considered authorized work and will be paid for as provided in the contract. (c) The Contractor shall not be entitled to any additional compensation or an extension of time for any delay, hindrance or interference caused by or attributable to commencement of work prior to the issuance of the "Notice to Proceed". 6. Compensation. Contractor shall be paid in the manner set forth in the Contract Documents the amount of his Proposal as accepted by City,the above rates,subject to additions and deductions as provided in the Contract Documents. Said Proposal is on file in the Office of the City Clerk of the City of Beaumont. 7. CONTRACTOR'S RESPONSIBILITIES FOR REMOVAL,RELOCATION AND PROTECTION OF PUBLIC UTILITIES. Because existing main or trunkline utility facilities at the construction site have been identified in the plans and specifications which are a part of the invitation for bids,contractor is contractually and financially responsible and liable for the timely removal,relocation and protection of the existing main or trunkline utility facilities and contractor is further responsible and liable for the coordination of such removal, relocation and protection of the existing main or trunkline utility facilities with the utility or utilities owning or operating such main or trunkline utility facilities. Because the location of the existing utility service laterals and appurtenances can be inferred from the presence of other visible facilities,such as buildings,meter and junction boxes on or adjacent to the public works construction site,contractor is contractually and financially responsible and liable for the T, timely removal,relocation and protection of such utility service laterals and appurtenances and contractor is further responsible and liable for the coordination of such timely removal,relocation and Specs&Contract BRIDGE and STREET IMPROVEMENT along BROOKSIDE AVENCF. (File No.1896) Page 19 of 37 protection of such utility service laterals and appurtenances with the owner and/or operator of such �.� utility service laterals and appurtenances. • The City shall not be responsible or liable for any delay or costs associated with the removal,relocation and protection of any main or trunkline utility facilities or any utility service laterals and appurtenances. 8. CONTRACTOR'S RESPONSIBILITIES FOR WASTEWATER AND STORMWATER RUNOFF PREVENTION AND MITIGATION: Contractor shall be solely responsible for the prevention of,and mitigation against,wastewater and stormwater runoff from the construction site which is the subject matter of this Agreement. Contractor shall ensure that no wastewater and stormwater runoff flows are released or escape from the construction site. Any wastewater and stormwater runoff that accumulates at the construction site shall be contained by the Contractor at the site, and, if necessary, shall be disposed of by the Contractor in accordance with all applicable laws governing the discharge and disposal of wastewater and stormwater runoff. To the extent that any such flows do escape or are released from the construction site Contractor shall be responsible and liable for all claims, lawsuits,damages,fines and penalties that may be sought or assessed against the City or the Contractor and the Contractor shall indemnify and hold harmless the City from any and all such damages,fines,penalties and attorneys' fees that may be assessed or incurred by the City in connection with such wastewater and stormwater runoff flows. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date set forth below. f CITY OF BEAUMONT CONTRACTOR ' BY ` BY At �� City Mayor /' ,� Dated ) — 1 TITLE: President (If Corporation,Affix Seal) ATTEST: ATTEST: Ai City Clerk - s / BY � ,4 TITLE: Secretary Deputy I "City" "Corporation" (Seal) (Seal) Specs&Contact BRIDGE and STREET IMPROVEMENT dung BROOKSIDE AVENUE (File No.1896) Page 20 of 37 CITY OF BEAUMONT PROJECT PROGRESS REPORT Source of Transportation Funds Project Name: Bridge and Street Improvements along Funds: Brookside Avenue between Oak View Drive and Beaumont Avenue Contract December 2011 Contractors:Christensen Brothers General Engineering Date: Inc. Const.Budget: $1,752,441.25 A&E Budget: $123,308. Project Start Date: August 2011 Report Period: December 2011 Work Completed During Report Period: • Prepared plans, Specifications and Contract documents,bid analyses Problems or Delays During Report Period: •No delays Change Orders: • No Change Orders Recommendation(s)for City Council Action: Approve and authorize staff,qualified and approved contractors to complete the work. Approved and autho ' i y: 7r Signature Date of City Council Approval o� � s City of Beaumont ti cc0 F,brit Srrc er Z geamit0Ar. (A 92224 1r (95117(•9 5520 ''dc 44°i�s e. FAX(951)769-S52t, Email:cityhalltct'ci.beauucollr.ca.us wwwci.beatini ,Ir.cit.US DATE: November 22, 2011 PROJECT: BRIDGE and STREET IMPROVEMENT along BROOKSIDE AVENUE SUBJECT: BID COMPARISON BROOKSIDE Avenue STREET IMPROVEMENT&ARCH BRIDGE CULVERT BIDDERS DESCRIPTION&OPTION CHRISTENSEN BROTHERS EBS ENGINEERING ANCHOR ENGINEERING LOS ANGELES ENGG BASE BID-IMPROVE BROOKSIDE $ 1,467,623.07 $ 1,496,677.00 $ 1,663,791.90 $ 2,068,977.50 AVE&PARTIAL WIDTH OF OPTION 1-IMPROVE BROOKSIDE $ 110,703.73 $ 101,606.00 $ 113,423.25 $ 104,680.00 AVENUE IN FRONT OF PARK OPTION 2-CONSTRUCT ACCESS $ 67,227.54 $ 50,800.00 $ 59,110.36 $ 75,000.00 ROAD AND REMOVE OPTION 3-CONSTRUCT ARCH $ 106,886.91 $ 150,879.00 $ 137,779.00 $ 112,537.50 CULVERT BRIDGE FULL WIDTH TOTAL BID PRICE $ 1,752,441.25 $ 1,799,962.00 $ 1,974,104.51 $ 2,361,195.00 Bridge&Street Improvement along Brookside Ave. (File No. 1896& 1902) t � ° 3 a 0 cf C �} e � k 7 STAFF REPORT Agenda Item 4 • k TO: Mayor and Council Members FROM: Department of Public Works DATE: December 6, 2011 SUBJECT: Award Contract for Bridge and Street Improvements along Brookside Ave between Oak View Drive and Beaumont Avenue. Background and Analysis: On August 31, 2011, the City advertised for public bids for Bridge and Street Improvements along Brookside Ave between Oak View Drive and Beaumont Avenue. Sealed bids were received and opened in public on November 22, 2011. Four companies participated in the bidding process. The apparent lowest responsive bid was submitted by Christensen Brothers General Engineering Inc. in the amount of one million seven hundred and fifty two thousand four hundred and forty one dollars and twenty five cents ($1,752,441.25). A copy of the list of bids is attached. Fiscal Impact: There is no impact on the General Fund. The project will be funded from transportation funds and $600,000 which will be paid by the School District towards the improvements in accordance with a cost sharing agreement. Recommendation: Staff recommends that the City Council AWARD construction contract to Christensen Brothers General Engineering Inc. subject to the final review and approval of the contract documents by the City Attorney, APPROVAL of the Project Progress Report and authorization of the Mayor to execute the Project Progress Report. Ry sub d; CIT esp O BE• . < NT p4,. cas Manager Beaumont City Contract No. AGREEMENT THIS AGREEMENT is entered into at Beaumont, California as of the date set forth below is between City of Beaumont hereafter called "City" and Christensen Brothers General Engineering, Inc. hetcafle' called "Contractor". WITNESSETH RECITALS: 1. Contractor has submitted to City his Contractor's Proposal for the construction of City Project BRIDGE and STREET IMPROVEMENT along BROOKSIDE AVENUE Between Oak View Drive and Beaumont Avenue(File No. 1896) in strict accordance with the Contract Documents identified below and City has accepted said Proposal. 2. Contractor states that he has reexamined his Contractor's Proposal and found it to be correct,has ascertained that his subcontractors are properly licensed and possess the requisite skill and forces,has reexamined the site and Contract Documents and is of the opinion that he can presently do the work in accordance with the Contract Documents for the money set forth in his Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY TI IE PARTIES AS FOLLOWS: 3. 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 Bid Bond, (f)The Payment Bond, (g)The Performance Bond, (h)The General Conditions, (i)The Special Provisions, (j) The Standard Specifications of the State of California Department of Transportation edition of May 2006 as modified in other portions of the Contract Documents, (k) The Standard Plans of the Department of Transportation identified on the plans or in the Special Provisions, (1)The Plans,File Number 1896 and 1809-A (m)Addenda No.l-s (n)The Determination of Prevailing Wage Rates for Public Work, (o)Any Change Orders issued,and (p) Any additional or supplemental specifications, notice, instructions and drawings issued in accordance with the provisions of the Contract Documents. rTh All of said Documents presently in existence are herein incorporated by reference with like effect as if here set forth in full and upon the proper issuance of other documents they shall likewise be deemed incorporated. Specs&Contract BRIDGE and STREET IMPROVEMENT along BROOKSIDE AVENUE (File No.1896) Page 18 of 37 The Bid Bond is exonerated upon execution of this Agreement and the Payment Bond and Faithful Performance Bond. 4. The Work. Contractor shall do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents. 5. Liquidated Damages and Time of Completion. Attention is directed to the provisions in Section 8-1.06, "Time of Completion", and in Section 8-1.07, "Liquidated Damages", of the Standard Specifications and these Special Provisions. The Contractor shall begin work within 10 days of the date stated within the written "Notice to Proceed." Contractor shall complete this project within one hundred fifty(150)working days. The Contractor shall notify the Engineer,in writing,of his intent to begin work at least 72 hours before work is begun.The notice shall be delivered to the Public Works Department's Construction Manager and shall specify the date the Contractor intends to start.If the project has more than one location of work,a separate notice shall be given for each location. Should the Contractor begin work in advance of receiving a written "Notice to Proceed", any work performed by him in advance of the date stated in the"Notice to Proceed"shall be considered as having been done by him at his own risk and as a volunteer and subject to the following: (a) The Contractor shall,on commencing operations,take all precautions required for public safety and shall observe all the provisions in the Specifications and the Special Provisions. (b) All work done according to the contract prior to the issuance of the"Notice to Proceed",will be considered authorized work and will be paid for as provided in the contract. (c) The Contractor shall not be entitled to any additional compensation or an extension of time for any delay, hindrance or interference caused by or attributable to commencement of work prior to the issuance of the "Notice to Proceed". 6. Compensation. Contractor shall be paid in the manner set forth in the Contract Documents the amount of his Proposal as accepted by City,the above rates,subject to additions and deductions as provided in the Contract Documents. Said Proposal is on file in the Office of the City Clerk of the City of Beaumont. 7. CONTRACTOR'S RESPONSIBILITIES FOR REMOVAL,RELOCATION AND PROTECTION OF PUBLIC UTILITIES. Because existing main or trunkline utility facilities at the construction site have been identified in the plans and specifications which are a part of the invitation for bids,contractor is contractually and financially responsible and liable for the timely removal,relocation and protection of the existing main or trunkline utility facilities and contractor is further responsible and liable for the coordination of such removal, relocation and protection of the existing main or trunkline utility facilities with the utility or utilities owning or operating such main or trunkline utility facilities. Because the location of the existing utility service laterals and appurtenances can be inferred from the presence of other visible facilities,such as buildings, meter and junction boxes on or adjacent to the public works construction site,contractor is contractually and financially responsible and liable for the timely removal, relocation and protection of such utility service laterals and appurtenances and contractor is further responsible and liable for the coordination of such timely removal,relocation and Specs&Contract BRIDGE and STREET IMPROVEMENT along BROOKSIDE AVENUE (File No.1896) Page 19 of 37 protection of such utility service laterals and appurtenances with the owner and/or operator of such "...\ utility service laterals and appurtenances. r • The City shall not be responsible or liable for any delay or costs associated with the removal, relocation and protection of any main or trunkline utility facilities or any utility service laterals and appurtenances. 8. CONTRACTOR'S RESPONSIBILITIES FOR WASTEWATER AND STORMWATER RUNOFF PREVENTION AND MITIGATION: Contractor shall be solely responsible for the prevention of, and mitigation against,wastewater and stormwater runoff from the construction site which is the subject matter of this Agreement. Contractor shall ensure that no wastewater and stormwater runoff flows are released or escape from the construction site. Any wastewater and stormwater runoff that accumulates at the construction site shall be contained by the Contractor at the site,and, if necessary, shall be disposed of by the Contractor in accordance with all applicable laws governing the discharge and disposal of wastewater and stormwater runoff. To the extent that any such flows do escape or are released from the construction site Contractor shall be responsible and liable for all claims, lawsuits,damages,fines and penalties that may be sought or assessed against the City or the Contractor and the Contractor shall indemnify and hold harmless the City from any and all such damages,fines,penalties and attorneys' fees that may be assessed or incurred by the City in connection with such wastewater and stormwater runoff flows. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date set forth below. fl. CITY OF BEAUMONT CONTRACTOR BY *)&_,_1_ f /�/ B6Ait . .,//t,f L-'(--.-1 4--<-------______ City Mayor � Dated i O� --(0 -11 TITLE: President (If Corporation,Affix Seal) ATTEST: ATTES : rt ei City Clerk PI L ink Bya X f TITLE: Secretary Deputy) I .- "City" "Corporation" (Seal) (Seal) Specs&Contract BRIDGE and STREET IMPROVEMENT along BROOKSIDE AVENUE (File N•.1896) Page 20 of 37 DOC # 2013-0184906 C ( (- a� 04/19/2013 08:31A Fee:NC Page 1 of 1 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk E. Recorder When Original To:eturn 111111111111111111111111111111111111111 0111111111 IIII City of Beaumont S R U PAGE SIZE DA MISC LONG RFD COPY 550 East 6`I' Street Beaumont, CA 92223 t '~ EXAM M A L 465 426 PCOR NCOR SMF CHG C- 1 -A C C_ 'T: CTY UNI' 6- _Cr-- NOTICE OF COMPLETION r ,.....� NOTICE is hereby given that the CITY OF BEAUMONT,550 East 6'h Street, Beaumont, California,92223,a municipal corporation, is owner in fee of an easement in the property hereinafter described. Said owner caused a work of improvement on the property hereinafter described and was 043 COMPLETED on October 30,2012 by Christensen Brothers.,contractor. The property on which said work of improvement was completed is described as: BRIDGE-STREET IMPROVEMENTS ALONG BROOKSIDE AVENUE — /7- Date Roger Berg, Mayor of the City of Beaumont,CA VERIFICATION: I the undersigned am the Mayor of the City of Beaumont, the declarant of the foregoing Notice of Completion. I have read the said Notice of Completion and know the contents thereof: The same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct. �/- /-�.ZvDate Roger Roger Berg, Mayor of the City of umont,CA STATE OF CALIFORNIA COUNTY OF RIVERSIDE /,, On 44/7/i before me, �!//0O ab' i Notary Public,personally appeared ROGER BERG, MAYOR OF THE CITY OF BEAUMONT,CALIFORNIA, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. v CELINA CABRERA Commission# 1931775 a • .4.A. Notary Public- California F BY: 1IJ2/Lg-• � (SEAL) i ,'4-J,: y NOTARY Riverside County My Comm.Expires May 5,2015