Loading...
HomeMy WebLinkAboutMINUTES - 04152003 - C3 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: April 15, 2003 SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract for demolition and abatement services in connection with the State Route 4 East, Railroad Avenue to Loveridge Road Project, Pittsburg area. SCH#200011207, Project No. 4660-6X4287; and the North Broadway Revitalization Project, Bay Point area, CDD-CP# 97-36, Project No. 0662- 6R4141 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute on behalf of Contra Costa County a contract and any amendments for time extensions between Contra Costa County and Inner City Demolition for demolition and abatement services,in the amount of$45,770.00, for the period April 3, 2003 to June 13, 2003 in connection with the State Route 4 East, Railroad Avenue to Loveridge Road Project, and the North Broadway Revitalization Project. DECLARE that, should the award of the contract to Inner City Demolition be invalidated for any reason,the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject all of the bids received. Nothing herein shall prevent the Board from rewarding the contract to another bidder in cases where the successful bidder establishes a mistake,refuses to sign the contract or fails to furnish required bonds or insurance. II. Financial Impact: Payments under this contract are covered from funding by the Contra Costa Transportation Authority(OCTA)and Contra Costa County Redevelopment Agency. Costs will be charged directly to the project. Continued on Attachment: X SIGNATURx2me ECOMMENDATION OF COUNTY A IN TRATOR COMMENDATION OF BOARD C TEE APPROVE SIGNATURE(SqJTHER ACTION OF BO R ON APRIL 15, 2003 APPROVED AS RECOMMENDEDXXX OTHER VOTE OF SUPVISORS xx UNANIMOUS(ABSENT None ) AYES: NOES: ABSENT: ABSTAIN: DISTRICT III SEAT VACANT I hereby certify that this is a true and correct LLO:eh copy of an action taken and entered on the G:\GrpData\RealProp\2003-Files\BOs&RES\BODemolition..doc minutes of the Board of Supervisors on the Ong.Div: Public Works(R/P) date shown. Contact: L.Lucy Owens(313-2229) cc: County Administrator ATTESTED:_ APRIL 15, 2003 Auditor-Controller(via R/P) JOHN SWEETEN, Clerk of the Board of P.W.Accounting Supervisors and County Administrator L.Dalziel,Adm. By , Deputy w s Su bj ect: APPROVE and AUTHORIZE the Public Works Director to execute a contract for demolition and abatement services in connection with the State Route 4 East,Railroad Avenue to Loveridge Road Project, Pittsburg area and the North Broadway Revitalization Project, Bay Point area. Date: April 15, 2003 Page: 2 III. Backiround and Reasons for Recommendations: The County wishes to retain the professional services of Inner City Demolition for the State Route 4 East, Railroad Avenue to Loveridge Road,and the North Broadway Revitalization projects. The contract extends through the completion of all assigned tasks. IV. Consequences of Negative Action: The County would be unable to retain the services necessary to complete the assigned project in a timely manner. Project No. 0662-6R4141 Project: North Broadway Revitalization Project No. 4660-6X4287 Project: State Route 4 - East CONTRA COSTA COUNTY DEMOLITION CONTRACT This agreement is entered into this 15th day of April, 2003 by and between the CONTRA COSTA COUNTY hereinafter "Agency", and Inner City Demolition, hereinafter "Contractor", for the demolition of the improvements described as follows: Project Site Address Improvements & Site Assessor's Numbers Info. Parcel No. Invoicing 62 Poinsettia Single Family Residence 096-020-028 0662-6R4141 Avenue, Bay 2 bedrooms, 1 bath 5 Point rooms Building SF 750 Built 1910 57 Poinsettia Single Family Residence 096-033-007 0662-6R4141 Avenue, Bay 3 bedrooms, 1 bath, 6 Point rooms Building SF 1,142 Built 1938 Single Family Residence 2 bedrooms, 1 bath, 4 rooms Building SF 684 Built 1950 2099 Railroad Carlo's Pizza restaurant 086-221-028 4660-6X4287 Avenue, Building SF 2,863 Pittsburg Built 1952 Contractor shall also abate and remove all asbestos, combustible materials, concrete and rubbish. Below grade areas and voids resulting from demolition, if any, shall be filled and compacted. The work area shall be rough graded to match the surrounding ground level of the site. The properties identified above are covered in this contract and are in the order for demolition. Contractor shall remove any all shrubs, but shall not remove any fencing. 1 1. Contractor shall provide those services and carry out the work described in the Bid Specifications for Demolition work, attached hereto and incorporated herein by reference, subject to all of the terms and conditions contained or incorporated herein. In consideration of the foregoing, Agency shall pay Contractor the sum of $45,770.00 (pursuant to the Payment Provisions attached hereto and incorporat- ed herein by reference), (to be paid upon completion by Contractor of all obligation and conditions herein), subject to all of the terms and conditions contained or incorporated herein. Agency's total payments under this Contract shall not exceed $45,770.00. 2. Contractor shall provide Agency with a faithful performance bond, satisfactory to Agency, or a cash deposit in lieu of bond, in the amount of 100% of the bid price and a payment bond covering labor and materials, satisfactory to Agency. 3. Contractor shall complete the said work at 62 Poinsettia Avenue and 57 Poinsettia Avenue, Bay Point by May 26, 2003, and 2099 Railroad Avenue, Pittsburg by June 13, 2003, all work to be performed pursuant to this agreement. 4. Contractor hereby agrees that in the event Contractor fails to furnish the required faithful performance bond, or cash deposit in lieu of bond, to furnish the payment bond, to provide a certificate of insurance, or to remove the improvements on or before expiration of the time limits as specified, Contractor will forfeit all rights hereunder, including any moneys heretofore or hereafter paid. 5. The Agency, upon written notice to Contractor, may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the Agency may proceed with the work in any reasonable manner it chooses. The cost to the Agency of completing the Contractor's performance shall be deducted from any sum due to the Contractor under this Contract, without prejudice to the Agency's rights otherwise to recover its damages. 6. Both parties recognize the applicability of various laws, especially Chapter 1 of Part 7 of the California Labor Code (beginning with Section 1720), and intend that this agreement complies therewith. The parties specifically agree that the relevant penalties and forfeitures provided in the Labor Code, especially in Sections 1774, 1775, and 1813 concerning prevailing wages and hours, and shall apply to this agreement as though fully stipulated herein. 7. The Contractor shall observe and comply with all laws, ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work and shall protect and indemnify the Agency, and all officers and employees thereof connected with the work, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by Contractor or its employees. Work shall meet requirements of Contra Costa County Ordinance Code Title 7, and all other applicable codes, regulations and laws. 2 r 8. Contractor shall, at no cost to Agency, obtain and maintain during the term hereof: (a) Worker's Compensation Insurance pursuant to State law, and (b) Comprehensive Liability Insurance, including coverage for owned and non- owned automobiles, with a minimum combined single-limit coverage of $500,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence. Contractor shall furnish evidence of such coverage (i.e. Certificates of Insurance), naming the Agency, its officers and employees as additional insureds, and requiring 30 days written notice of policy lapse, cancellation or material changes of the specified coverage. Satisfactory evidence of coverage shall be submitted to Agency before work begins. 9. The Contractor assumes all risk and responsibility in the demolition-removal operations, including any damages or loss by vandalism from and after the effective date of this agreement. The Contractor shall defend, indemnify, save, protect and hold harmless the Agency, its officers and employees, from any and all claims, costs and liability for any damages, sickness, death or injury to person(s) or property, including without limitation all consequential damages, from any cause connected with the operations or services of the Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the Agency or its officers or employees. The obligations contained in this section will survive termination of this Contract. 10. When written notice to proceed with the demolition/removal of any particular unit or units is given, all said buildings, material and structures to be removed will become the property of the Contractor, to be disposed of off the site as Contractor sees fit. The Agency will incur no liability for any building, materials or structure that are removed from the property. 11. All work will be done under the direction of the County Real Property Agent and to his/her satisfaction. Disagreements between the Agency and the Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the Principal Real Property Agent, or his designee. 12. Pursuant to Government Code section 7550, Contractor shall include in all documents or written reports completed and submitted to Agency in accordance with the Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. Contractor shall keep and make available for inspection and copying by authorized representatives of the Agency the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the Agency. 13. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3 14. This Contract may be modified or amended only by a written document executed by the Contractor and the Agency. 15. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. Any action relating to the Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 16. Subject to Paragraph 11 hereof, inspections or approvals or statements by an officer, agent or employee of the Agency indicating that the Contractor's perfor- mance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall Agency be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 17. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. CONTRA COSTA COUNTY CONTRACTOR: INNER CITY DEMOLITON 4 By: By: Ma . Shiu --- Public Works Director Address: stow Recommen ed for Approval: pF\�< pk Na. Phone: fsv�r-2)� � By: 'ncipaI Real Pro ert Agent License No.: Expiration: _G GAGrpData\Rea1Prop\N.BroadwayOM1_ccc.doc 4/4/2003 4