HomeMy WebLinkAbout1K OCR1City Council Staff Re{Jorl DATE: January 28, 2021 CONSENT CALENDAR SUBJECT: ACCEPTANCE OF INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT NO. 17-08 FROM: BY: SUMMARY David H. Ready, City Manager Development Services Department Formal City Council acceptance of Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements, City Project No. 17-08 is required to document the completion of the public works improvements, and to allow the City's filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code. RECOMMENDATION: 1. Accept the public works improvement identified as Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements, City Project No. 17-08, as completed in accordance with the plans and specifications; and, 2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements, City Project No. 17-08. BACKGROUND: On September 5, 2018, City Council ratified the City Manager's award of a construction contract in the amount of $4,464,857 to Elecnor Belco Electric, Inc., a California corporation, for Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements, City Project No. 17-08, a copy of the staff report is included as Attachment 1. STAFF ANALYSIS: Construction of the Project began in May 2019 and was determined to be substantially·•;, complete in January of 2020. Following construction it was determined that certain •. improvements to the design could be made to increase the efficiency of traffic flow within the Indian Canyon corridor and the contractor was asked to procure and install additional signal equipment. Following an equipment manufacturing period, construction of the signal revisions resumed in September of 2020. Throughout October f?R.~~ember of I~
2City Council Staff Report January 28, 2021 --Page 2 Approve Notice of Completion for Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements, City Project No. 17-08 2020 the Contractor continued limited work on a variety of 'punch-list' and repair items. The project was accepted as complete on December 16, 2020. During the course of the project four change orders were issued totaling $515,000. However, it should be noted that $150,000 of that amount was provided to the City by the adjacent Andaz development project as part of a cooperative agreement in which the City would complete a portion of conditioned public improvements on behalf of the developer. The remaining amount of $365,000 represents an increase to the project as originally awarded of 8.2% which is less than the 10% contingency funds identified in the original project budget. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Therefore, in accordance with Section 15301 (c), the Project was considered categorically exempt from CEQA, and a Notice of Exemption has been be filed with the Riverside County Clerk. FISCAL IMPACT: The Project budget, incurred expenditures, and other associated costs are identified in Table 1. Table of Project Costs Amount CVAG Bicycle/Pedestrian Safety Grant $2,000,000 CVAG Two Way Conversion Grant $1,500,000 SB-1 Funds $790,752 Local Measure A Funds $700,000 Measure J Funds $550,000 Design Costs ($275,000) Project Administration ($74,000) Construction Engineering/Design Support & Inspection (Estimated) ($180,000) Construction Contract ($4,464,857) Change Orders ($515,000) Funds Received From Cooperative Agreement $150,000 Balance Remaining: $180,000 Table 1
3City Council Staff Report January 28, 2021 --Page 3 Approve Notice of Completion for Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements, City Project No. 17-08 The City is holding retention funds of $246,513.11 for Elecnor Belco Electric, Inc., pending acceptance of improvements and filing the Notice of Completion with the County Recorder's Office. SUBMITTED: Director of Development Services David H. Ready, Ph.D. City Manager Attachments: Marcus L. Fuller, MPA, PLS, PE Assistant City Manager 1. Ratification of Contract Staff Report-September 20, 2018 2. Notice of Completion
4Attachment 1
5City Council Staff Ref]orl DATE: September 5, 2018 UNFINISHED BUSINESS SUBJECT: RATIFICATION OF THE CITY MANAGER'S AWARD OF A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC.1 A CALIFORNIA CORPORATION, IN THE AMOUNT OF $4,464,857 FOR THE INDIAN CANYON DRIVE TWO-WAY CONVERSTION AND PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT NO. 17-08 FROM: David H. Ready, City Manager BY: Engineering Services Department SUMMARY: To avoid delay during the Council's August recess, on June 20, 2018, the City Council authorized the City Manager to approve a construction contract to the lowest responsive and responsible bidder for the Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements, City Project 17-08, (the "Project"), subject to the ratification at the September 512018, City Council meeting. This item formally ratifies the award of the construction contract for the Project. RECOMMENDATION: 1. Ratify the City Manager's approval of a construction contract (Agreement No. ) to Efecnor Belco Electric, Inc., a California corporation, in the amount of $4,464,857 for the Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements, City Project 17-08; 2. Authorize the City Manager to approve and execute construction contract change orders up to a cumulative amount of $446,485 (10% of the construction contract); and 3. Authorize the City Manager to execute all necessary documents. BUSINESS PRINCIPAL DISCLOSURE: Elecnor Belco Electric, Inc., is a California Corporation whose corporate officers are Juan Bravo, as President; John Wong, as Vice President; Alberto Garcia de Los Angeles, as Vice President; Pedro Enrile, as Secretary and Jeroni Gervilla, as Treasurer. All corporate officers represent the ownership of this corporation. ITEM NO. _4_,_A_. _
6City Council Staff Report September 5, 2018 -Page 2 Ratification of Contract-CP17-08 BACKGROUND On February 20, 2013, the City Council approved an agreement with Albert Grover & Associates (AGA) to prepare a feasibility study to analyze the conversion of Indian Canyon Drive from one-way traffic circulation to two-way traffic circulation. On October 4, 2017, the City Council approved Alternative 1 identified in AGA's feasibility study as the preferred alternative for conversion of Indian Canyon Drive to two-way traffic circulation. This alternative will convert the existing four one-way northbound traffic lanes to two-way traffic lanes by maintaining two northbound traffic lanes, creating a continuous two-way center turn lane, and creating one southbound traffic lane. Existing parallel parking on both sides of Indian Canyon Drive are maintained. Alternative 1 is shown in Figure 1. Figure 1 -Alternative No. 1 Early in 2017, the ONE-PS Code Enforcement and Public Works Committee discussed possible mitigations for traffic collisions involving bicycles and pedestrians with the Engineering Services Department (Engineering). Engineering staff analyzed data from Palm Springs Police Department (PSPD) along the City's major corridors and identified a high concentration of accidents that warranted further review to improve bicyclist and pedestrian safety. ONE-PS, PSPD, and Engineering staff also coordinated with the Measure J Commission in its solicitation of community projects for potential funding with future Measure J funds. In the spring of 2017, the Coachella Valley Association of Governments (CVAG) released a Call for Projects for $10 million in Measure A grant funding related to CVAG's Bicycle and Pedestrian Safety Program. In response to its Call for Projects, Engineering staff submitted 7 grant applications for projects focused on mitigating bicyclist and pedestrian accidents occurring on various major corridors. CVAG approved 5 of the City's grant applications! including the City's grant for Pedestrian Safety Enhancements at Signalized Intersections along the Downtown Indian Canyon Drive Corridor. The CVAG grant provides $2,000,000 in Measure A funding for the Project. On October 4, 2017, the City Council approved a reimbursement agreement with CVAG for the Project, and authorized the issuance of a purchase order to Albert A. Webb & Associates to proceed with final design for the Project.
7City Council Staff Report September 5, 2018 --Page 3 Ratification of Contract-CP17-08 On April 18, 2018, the City Council adopted a Resolution identifying the Project to be funded with the City's 2018 annual disbursement of "new gas tax" funds generated by Senate Bill 1 (SB-1 ), in the amount of $790,752. In May 2018, concerned with the increasing construction estimate, Engineering staff submitted a request to CVAG for additional Measure A funds to accommodate the costs associated with the two-way conversion. On June 4, 2018, the CVAG Executive Committee approved an additional $1,500,000 in Measure A funds for the Project. On June 20, 2018, the City Council approved the reimbursement agreement with CVAG for the additional $1,500,000 Measure A funds, and approved the plans, specifications and estimates and authorized staff to solicit bids. A map of the final project location can be found as Attachment 1. STAFF ANALYSIS: On June 22, 2018 and June 29, 2018, staff advertised the Project for bids in the Desert Sun, submitted the Notice Inviting Bids to plan rooms 1, and provided the contract documents free of charge to prospective bidders. On July 24, 2018 at 3:00 p.m., the Procurement and Contracting Division received three (3) bids from the following contractors listed in Table 1: Company Location Bid Amount Elecnor Belco Electric, Inc. Chino, CA $4,464,857.00 Desert Concepts Construction, Inc. Indio, CA $4,583,012.15 PTM General Engineering Services, Inc. Riverside, CA $4,664,997.10 Table 1 A full bid summary is included as Attachment 2. The low bid of $4,464,857 exceeds the engineer's estimate of $3,262,000 and is continuing evidence of the lack of readily available contractors in the current economic climate, which is significantly increasing labor and material costs associated with construction. Bid Analysis Staff reviewed all bid documents submitted by the apparent low bidder and determined that Elecnor Belco Electric, Inc., complies with the Instruction to Bidders and has submitted the lowest responsive and responsible bid. On August 2, 2018, staff recommended that the City Manager approve the bid submitted by Elecnor Belco Electric during the August Council recess, subject to the ratification by City Council at the September 5, 2018 Council meeting. 1 A Plan Room is a "library" where construction professionals may view bidding documents (blueprints and specifications) for projects seeking price estimates for specific construction products or services. There are 9 various plan rooms in southern California where the City submits its bid documents to ensure all contractors within the area are aware of the bid solicitation ..
8City Council Staff Report September 5, 2018 --Page 4 Ratification of Contract -CP17-08 Public Works Contractor Registration Law (SB 854) Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854 (2014), unless registered with the State of California Department of Industrial Relations (DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public works contract on or after March 1, 2015. Similarly, a public entity cannot award a public works contract to a non-registered contractor, effective April 1, 2015. Staff has reviewed the DIR's contractor registration database, and has confirmed that Elecnor Belco Electric is registered with the DIR, and is appropriately licensed. Elecnor Belco Electric of Chino, California, submitted the lowest responsive bid; staff reviewed the bid and contractor's license, and found the Contractor and its subcontractors to be properly licensed and qualified. A construction contract with Elecnor Belco Electric is included as Attachment 3. Local Business Preference Compliance Section 7.09.030 of the Palm Springs Municipal Code. "Local Business Preference Program," requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local businesses whose work force resides within the Coachella Valley. Elecnor Belco Electric is not considered a local business; however, they have demonstrated sufficient evidence of good faith efforts to sub-contract the supply of materials and equipment to local businesses. Construction Schedule I Traffic Impacts It should be noted that construction of the Project will impact the downtown area. The majority of the work is related to traffic signal modifications, where each of the 8 signalized intersections along Indian Canyon Drive located between Alejo Road and Camino Parocela will be reconstructed to provide for 2-way traffic circulation. Traffic signals are a long-lead item, meaning, upon receipt of an order from the contractor, a shipment will not be expected for 20 weeks. This delay is primarily due to a lack of multiple manufacturers (there are now only 2 suppliers in the U.S.), and the contractor expects receipt of signal poles by January 2019. The contractor will mobilize in September to start underground utility investigations (potholing) and installation of underground conduit and signal pole foundations. Related street improvements (curb pop-outs and new curb ramps) will occur from October through December. Following receipt of signal poles in January, signal relocation work will occur from January through March 2019, with completion anticipated by April 2019. Staff will coordinate release of public information regarding traffic impacts associated with this project, which is expected to extend into the peak tourist season during the holidays. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are
9City Council Staff Report September 5, 201 B --Page 5 Ratification of Contract -CP17-08 required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Therefore, in accordance with Section 15301 (c), staff has determined that the Indian Canyon Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements, City Project No. 17-08, is considered categorically exempt from CEQA and a Notice of Exemption has been prepared and filed with the Riverside County Clerk, included as Attachment 4. FISCAL IMPACT: The City has received $3,500,000 in CVAG Measure A funds for the Project. Additionally, the City allocated its 2018 annual disbursement of "new gas tax" funds In addition, the City Council adopted a Resolution identifying the Project to be funded with the City's 2018 annual disbursement of "new gas tax" funds generated by Senate Bill 1 (SB-1), in the amount of $790,752. The following Table 2 identifies the final estimated costs for the project. Table of Project Costs Amount CVAG Bicycle/Pedestrian Safety Grant $2,000,000 CVAG Two Way Conversion Grant $1,500,000 SB-1 Funds $790,752 Local Measure A Funds* $700,000 Measure J Funds** $550,000 Design Costs ($395,000) Project Administration (Estimated) ($25,000) Construction Engineering/Design Support & Inspection {Estimated) ($200,000) Construction Contract ($4,464,857) Contingency (10%) ($446,486) Balance Remaining: $9,409 Table 1 *The Council previously appropriated $750,000 from the Local Measure A Fund for a street widening project located on San Rafael Drive, between Virginia Road and Indian Canyon Drive, shown in the figure on the next page. The purpose of this project was to complete the widening of a short segment of narrow 2-lane roadway to match the 4-lane corridor that exists to the west and east of this segment.
10City Council Staff Report September 5, 2018 --Page 6 Ratification of Contract -CP17-08 San Rafael Drive Project Widening San Rafael Drive requires the acquisition of adjacent commercial/industrial buildings on the north side of the roadway, and significantly exceeds funds available for the project through the Measure A program. Additionally, the Council recently approved two residential projects located on the south side of San Rafael Drive in this area, with those projects responsible for the southerly widening of the roadway. Accordingly, staff recommends the Council suspend the San Rafael Drive widening project, and re-allocate the remaining funds of approximately $700,000 in the Local Measure A Fund to this Project. **It is also necessary to request the Council to authorize the use of $550,000 from the Measure J Capital Fund for the Project to fully fund the final estimated costs. This funding is currently available through a combination of carry-over Measure J Funds (unscheduled -or contingency funds) from the prior fiscal year (approximately $440,000) and remaining budget for the Non-Motorized Transportation Program I Biking Project (balance remaining of approximately $510,000). SUBMITTED: ~ Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Esq., P Assistant City Manager City Manager Attachments: 1. Project Map 2. Bid Summary 3. Construction Contract 4. CEQA -Notice of Exemption
11Attachment 1
12LJJ r-1 ~--LEGEND \ ~ \ @ Project Location _ Two-Way Conversion ! __._ PROJECT LOCATION MAP r---, ! !-L., --l -1 f----TI --_--~r:-·=r7
13Attachment 2
14Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT -CP 17-08 : BID SUMMARY BID SCHEDULE A BELCO ELECNOR GROUP DESERT CONCEPT PTM GENERAL ENGINEERING QUANTITY UNIT CONSTRUCTION SERVICES INC. ITEM DESCRIPTION UNITPR. AMOUNT UNIT PR. AMOUNT UNIT PR. AMOUNT MOBILIZATION. DEMOBILIZATION, AND FINAL 1 LS $195,228.00 $195,228.00 $200,785.00 $200,785.00 $120,000.00 $120,000.00 CLEANUP (5% MAXI CONSTRUCT PROJECT INDENTIFICATION SIGNS 2 EA $2,315.00 $4,630.00 $1,645.50 $3,291.00 $2,500.00 $5,000.00 TEMPORARY TRAFFIC CONTROL 1 LS S88,226.00 $88,226.00 $189,151.00 S189,151.00 $60,000.00 $60,000.00 WATER POLLUTION CONTROL 1 LS S11.763.00 $11.763.00 S27,427.00 S27,427.00 $12,000.00 S12,000.00 CLEARING AND GRUBBING 1 LS $168.923.00 $168,923.00 S82,281.00 $82,281.00 $72,000.00 $72,000.00 REMOVE AND DISPOSE EXISTING PAVEMENT AND 4.948 SF S8.00 $39,584.00 S3.15 $15,586.20 $12.00 S59,376.00 BASE MATERIAL REMOVE AND DISPOSE OF EXISTING CURB & 1,264 LF $31.00 $39,184.00 $7.50 $9,480.00 $19.20 $24,268.80 GUTTER REMOVE AND DISPOSE OF EXISTING P.C.C. 6,908 SF $5.00 $34,540.00 $4.50 $31,086.00 $6.00 $41,448.00 IMPROVEMENTS REMOVE EXISTING A.C. DIKE 36 LF $12.00 $432.00 $10.50 $378.00 $24.00 $864.00 REMOVE EXISTING MEDIAN CURB 1,855 LF $24.00 $44.520.00 $5.50 $10,202.50 $14.40 $26,712.00 REMOVE EXISTING BOLLARDS 4 EA S588.00 $2,352.00 $160.75 $643.00 S300.00 S1.200.00 REMOVE EXISTING NUISANCE WATER DRAIN AND 2 EA $2,353.00 $4,706.00 S2,679.50 $5,359.00 S960.00 $1,920.00 CAP EXISTING 8" HOPE STORM DRAIN PIPE REMOVE AND RE-INSTALL EXISTING CONCRETE 1 EA $588.00 $588.00 $820.00 $820.00 $600.00 $600.00 TRASH CONTAINER REMOVE EXISTING MEDIAN LANDSCAPING, 7,356 SF $11.00 $80,916.00 $3.75 $27,585.00 $9.60 $70,617.60 HARDSCAPE AND IRRIGATION REMOVE EXISTING PAVERS 616 SF $7.00 $4,312.00 $8.00 $4,928.00 $10.80 $6,652.80 ADJUST EXISTING WATER VALVE TO GRADE PER DWA STD. DWG. W111 (TYP. ALL WATER VALVES) CONTRACTOR SHALL REMOVE, LOWER. AND ADJUST VALVE STEM AS REQUIRED DURING 5 EA S1.059.00 S5.295.00 $2,711.20 $13,556.00 $660.00 $3,300.00 ROADWAY GRINDING AND RETURN TO HEIGHT TO FINISH GRADE. CONCRETE COLLAR TO BE CONSTRUCTED. ADJUST EXISTING WATER METER TO GRADE BY 1 EA $5,529.00 $5,529.00 $965.00 S965.00 $1,800.00 $1,800.00 CONTRACTOR ADJUST EXISTING SEWER MANHOLE TO GRADE PER 2 EA $1,765.00 $3,530.00 $2,270.00 $4,540.00 $5,400.00 $10,800.00 CITY OF PALM SPRINGS STD. DWG. NO. 402 CONSTRUCT CLASS II AGGREGATE BASE 100 CY $253.00 $25,300.00 $92.05 $9,205.00 $84.00 $8,400.00 GRIND PAVEMENT (1.5" MIN) PER DETAIL ON SHEET 2,978 SF $5.00 $14,890.00 $6.50 $19,357.00 $12.60 $37,522.80 2 UNIFORM MICRO-MILLING 1/4" OF EXISTING ASPHALT 740,000 SF S0.20 $148,000.00 S0.17 $125,800.00 $0.24 S177,600.00 CONCRETE PAVEMENT RUBBER POLYMER MODIFIED SLURRY (RPMS) 740.000 SF S0.37 S273,800.00 S0.28 $203,500.00 $0.38 S281,200.00 ASPHALT CONCRETE {INCLUDES 1.5" OVERLA YI 271 TON S323.00 S87,533.00 $378.00 S102,438.00 $198.00 S53,658.00 CONSTRUCT 4" THICK SIDEWALK PER CITY OF PALM 4,512 SF $9.00 $40,608.00 S10.75 $48,504.00 $9.60 $43,315.20 SPRINGS STD. DWG. NO. 210 CONSTRUCT SIDEWALK (RED TONE CONCRETE -1,708 SF $13.00 $22,204.00 $20.50 $35,014.00 $18.00 $30,744.00 MATCH EXISTING\ CONSTRUCT SIDEWALK (EARTH TONE CONCRETE -200 SF S29.00 $5,800.00 $25.00 $5,000.00 $24.00 $4,800.00 MATCH EXISTING! CONSTRUCT SIDEWALK (16"X16" EARTH TONE 100 SF S41.00 $4,100.00 S25.50 $2,550.00 $126.00 $12,600.00 TEXTURED FLAG PAVERS-MATCH EXISTING)
15ltomNo. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT-CP 17-08: BID SUMMARY BID SCHEDULE A BELCO ELECNOR GROUP DESERT CONCEPT PTM GENERAL ENGINEERING QUANTITY UNIT CONSTRUCTION SERVICES INC. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR. AMOUNT UNITPR. AMOUNT CONSTRUCT SIDEWALK (MUL Tl-COLOR & MUL Tl-SHAPE PAVERS, GEOMETRIC PATTERN, 333 SF $47.00 $15.651.00 $49.00 $16.317.00 S474.00 S157,842.00 COORDINATE WITH CURB RAMP -MATCH EXISTING) CONSTRUCT 6" CURB & GUTTER PER CITY OF PALM 450 LF S47.00 $21.150.00 S40.35 $18,157.50 $54.00 S24.300.00 SPRINGS STD. DWG. NO 200 (A3l CONSTRUCT 8" CURB & GUTTER PER CITY OF P,'\LM 126 LF S47.00 S5,922.00 S42.25 S5.323.50 S60.00 $7,560.00 SPRINGS STD. DWG. NO. 200 IA4l CONSTRUCT 12" CURB & GUTTER PER CITY OF PALM 19 LF 547.00 $893.00 S46.50 $883.50 S90.00 $1,710.00 SPRINGS STD. DWG. NO. 200 (MODIFIED) CONSTRUCT VARIABLE HEIGHT CURB & GUTTER 195 LF $47.00 $9,165.00 S63.00 Si2.285.00 $84.00 $16,380.00 SEE CITY OF PALM SPRINGS STD. DWG. NO. 200 CONSTRUCT RETAINING CURB PER RETAINING 266 LF $47.00 $12,502.00 S94.50 $25.137.00 $36.00 S9.576.00 CURB DETAIL ON SHEET 2 CONSTRUCT CROSS GUTTER AND/OR SPANDRELL 1.365 SF S26.00 535.490.00 S20.50 $27,982.50 $30.00 $40,950.00 PER CITY OF PALM SPRINGS STD. DVVG. NO. 206 CONSTRUCT CURB RAMP PER CITY OF PALM 1.393 SF $41.00 $57,113.00 $20.50 $28.556.50 $32.40 $45,133.20 SPRINGS STD. DWG NO 212 CONSTRUCT CURB RAMP PER CITY OF PALM 791 SF $41.00 S32.431.00 $20.50 $16,215.50 $30.00 $23,730.00 SPRINGS STD. DWG. NO. 213 CONSTRUCT CUR8 RAMP PER CITY OF PALM 550 SF $41.00 $22,550.00 $20.50 $11,275.00 $26.40 $14,520.00 SPRINGS STD. DWG. NO. 214 CONSTRUCT MODIFIED DRIVEWAY APPROACH (SEE 1 EA S5.294.00 $5;294.00 $7.566,00 $7.566.00 S7.800 00 57,800.00 RIVERSIDE COUNTY STD. DWG. NO. 207) CONSTRUCT MODIFIED GUTTER FOR PEDESTRIAN 160 SF $41,00 S5.560.00 S20.50 $3,280.00 S14.40 $2,304.00 ACCESS CONSTRUCT CURB RAMP PER CITY OF PALM SPRINGS STD. DWG. NO. 214 (EARTH TONE 1.543 SF $41.00 S63.263.00 S20.50 $31,631.50 S36.00 $55,548.00 CONCRETE -MATCH EXISTING) CONSTRUCT CURB RAMP PER CITY OF PALM SPRINGS STD. DWG. NO. 214 (RED TONE COLOR -150 SF S53.00 $7,950.00 S20.50 $3,075.00 $42.00 $6,300.00 MATCH EXISTING) CONSTRUCT CURB RAMP PER CITY OF PALM SPRINGS STD. DWG. NO. 212 (12"X12" RED TONE 560 SF S53.00 S29,680.00 S20.50 $11,480.00 S66.00 $36,960.00 PAYERS, 8"X16" RED TONE PAVERS, 4"X6" BLUE CERAMIC TILES· MATCH EXISTING) CONSTRUCT CURO RAMP PER CITY 01" PALM SPRINGS STD. DWG NO 212 (MUL Tl-COLOR & MUI. Tl 225 SF $53.00 Sl 1.925.00 520.50 $4,612.50 S78.00 $17,550.00 SHAPE PAYERS, GEOMETRIC PATTERN COORDINATE WITH SIDEWALK -MATCH EXISTING) INSTALL MUL Tl-COLOR PAYERS (UNI-DECOR STYLE} 162 SF $82.00 $13,284.00 S75.50 $12,231.00 S96.00 $15,552.00 MATCH EXISTING CONSTRUCT RED TONE CONCRETE PAVEMENT· MATCH EXISTING (SEE CITY OF PALM SPRINGS STD. 400 SF $35.00 $14,000.00 $31.50 S12,600.00 S2160 $8,640.00 DWG. NO. 206 FOR THICKNESS OF CONCRETE) INSTALL CONCRETE STREET PAVER$ (RECTANGULAR RED TONE PAVERS IN 251 SF S47.00 S11,797.00 !?41.50 S10,416.50 $120.00 530,120.00 HERRINGBONE STYLE. MATCH EXISTING)
16Item No. 47 48 49 50 51 52 53 54 55 56 57 INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT-CP 17-08: BID SUMMARY BID SCHEDULE A BELCO ELECNOR GROUP DESERT CONCEPT PTM GENERAL ENGINEERING QUANTITY UNIT CONSTRUCTION SERVICES INC. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR. AMOUNT UNITPR. AMOUNT INSTALL HUB PIPE PER CURB-O-LET MODEL NO. CP-308 LF $276.00 585,008.00 S82.00 $25,256.00 $324.00 $99,792.00 SP327H OR EQUIVALENT INSTALL HAND RAIL PER STANDARD PALNS FOR PUBLIC WORKS CONSTRUCTION. STD. PLAN 606-3. 40 LF $206.00 $8,240.00 $82.00 $3,280.00 S300.00 $12,000.00 TYPE B (INSTALL ON TYPE OF CURB) REMOVE EXISTING RETAINING CURB 164 LF $24.00 $3,936.00 $10.00 $1,640.00 S19.20 $3,148.80 INSTALL TRAFFIC BOLLARDS 8 EA $2,941.00 $23,528.00 $1,261.00 $10,088.00 $1,200.00 $9,600.00 INSTALL NUISANE WATER DRAIN PER CITY OF PALM 2 EA S7,646.00 515,292.00 56.305.00 $12,610.00 $5,400.00 $10,800.00 SPRINGS STD. DWG. NO. 710 CONSTRUCT 8" H.D.P. ADS N12 PIPE OR 50 LF $176.00 $8,800.00 $82.00 $4,100.00 S150.00 $7,500.00 EQUIVALENT INSTALL ADS COUPLER FOR 8" PIPE OR EQUIVALENT 2 EA $588.00 $1,176.00 S252.00 $504.00 S600.00 $1,200.00 TRIM EXISTING BUSHES / HEDGES PER LINE OF SITE 1 LS $17,645.00 $17,645.00 56,305.00 $6,305.00 53,000.00 $3,000.00 REQUIREMENTS INSTALL RECTANGULAR GRAY STEPPING PAVERS (MATCH EXISTING) AND RELOCATE EXISTING ROCKS 204 SF $24.00 $4,896.00 S31.50 $6,426.00 $54.00 $11,016.00 AS DIRECTED BY CITY ENGINEER CONSTRUCT 6' A.C. DIKE PER CITY OF PALM 35 LF S59.00 S2,065.00 S25.50 $892.50 $36.00 $1,260.00 SPRINGS STD. DWG. NO. 200 IE1) CONSTRUCT CURB RAMP PER CITY OF PALM SPRINGS STD. DWG. NO. 212 (MATCH EXISTING 128 SF $41.00 $5,248.00 520.50 $2,624.00 S30.00 $3,840.00 CONCRETE COLOR. TEXTURE, AND PATTERNS\ ai,,__ ;;,;tt, \\&,.,.. ,ttSlGNING;& Sll.RIPING -;se:-.. ti'" '" ,l' ,.C-\f1"clf.,1';'.;j. . ;c;,;· "": \~~ ~~:·.\;, ),> \i!'il.!'.·'"' :f',<S¼:;,-'\l; (' 'f:f¾··"' '•¥'(J, ,g/p::1,iy;.,44;.,~.~/4,'!f}f.£;;,~;;;;;:;; ,;_~. ~.,,d,; ~ 58 REMOVE AND SALVAGE EXISTING SIGN TO CITY 86 EA $206.00 $17,716.00 $95.00 $8,170.00 $60.00 $5,160.00 YARD 59 RELOCATE EXISTING SIGN TO A NEW LOCATION AS 25 EA $294.00 $7,350.00 S245.00 $6,125.00 S420.00 $10,500.00 SHOWN ON PLAN. 60 INSTALL SIGN (STANDARD SIZE OR AS INDICATED) 30 EA $253.00 S7.590.00 $379.00 $11,370.00 $270.00 SB,100.00 PER CA-MUTCD. 61 PAINT 6" DASHED WHITE LANE LINE PER CAL TRANS 8,815 LF S1.00 $8,815.00 S0.25 $2,203.75 $0.30 52.644.50 STANDARD PLANS, PLAN NO. A20A, DETAIL 9. PAINT 6" DASHED WHITE LANE LINE EXTENSIONS 62 THROUGH INTERSECTIONS PER CAL TRANS 920 LF $1.00 5920.00 S2.00 $1,840.00 $2.40 $2,208.00 STANDARD PLANS. PLAN NO. A20D. DETAIL 40. PAINT 2'X10' WITH 2' GAP CONTINENTAL 63 CROSSWALK AS SHOWN ON PLAN PER CAL TRANS 380 SF $3.00 $1,140.00 $1.75 $665.00 S2.10 $798.00 STANDARD PLANS. PLAN NO. A24F. 64 APPLY THERMOPLASTIC 6" SOLID WHITE LINE 1,435 LF $1.00 S1.435.00 S1.00 $1,435.00 S1.20 S1,722.00 65 APPLY THERMOPLASTIC 12" SOLID WHITE LIMIT LINE 1.128 LF S3.00 $3,384.00 S1.50 $1,692.00 S1.80 S2,030.40 PER CITY OF PALM SPRINGS DWG NO. 625 APPLY THERMOPLASTIC 6"/6" DOUBLE SOLID 66 YELLOW STRIPE PER CAL TRANS STANDARD PLANS, 2,320 LF $2.00 $4,640.00 $1.25 $2,900.00 $1.50 S3,480.00 PLAN NO. A20A, DETAIL 22. APPLY 6" WHITE THERMOPLASTIC SOLID LINE PER 67 CAL TRANS REVISED STANDARD PALN A20B, DETAIL 230 LF $1.00 $230.00 $1.00 $230.00 S1.20 $276.00 278.
17Item No. 68 69 70 71 72 73 74 75 76 77 78 79 80 INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT-CP 17-08: BID SUMMARY BIO SCHEDULE A BELCO ELECNOR GROUP DESERT CONCEPT PTM GENERAL ENGINEERING QUANTITY UNIT CONSTRUCTION SERVICES INC. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR. AMOUNT UNIT PR. AMOUNT APPLY THERMOPU\STIC 6"/6" DOUBLE SOLID YELLOW STRIPE MEDIAN ISLANDS PER CAL TRANS 860 LF $4.00 $3.440 00 S2.50 S2.150.00 $3.00 S2,580.00 STANDARD PLANS, PLAN NO. A20B, DETAIL 29. APPLY THERMOPLASTIC TWO-WAY LEFT TURN LANE PER CAL TRANS STANDARD PLANS, PLAN NO. A208, 4.375 LF $4.00 S17,500.00 S2.00 S8,750.00 52.40 $10,500.00 DETAIL 32. APPLY THERMOPLASTIC 8" SOLID WHITE CHANNELIZING LINE PER CALTRANS STANDARD 5.155 LF S1.00 S5.155.00 $1.50 57,732.50 $1.80 S9.279.00 PALNS. PLAN NO. A20D. DETAIL 38. APPLY THERMOPLASTIC ARROW MARKING PER 2,700 SF S5.00 S13.500.00 $5.00 S13.500.00 $6.00 $16,200.00 CAL TRANS STANDARD PLANS. PLAN NO. A24A. APPLY THERMOPLASTIC PAVEMENT LEGEND PER 204 SF S5.00 S1.020.00 $8.00 $1,632.00 $9.60 S1 .958.40 CAL TRANS STANDARD PLANS. PLAN NO. A24D. APPLY THERMOPLASTIC 2'X1 O' WITH 2' GAP WHITE CONTINENTAL CROSSWALK AS SHOWN ON PLANS 12.820 SF $3.00 S38.460.00 S2.25 S28.845.00 $2.70 $34.614.00 PER CALTRANS STANDARD PLANS. PLAN NO. A24F. APPLY THERMOPLASTIC 4" SOLID WHITE LINE. 1.020 LF S1 00 S1.020.00 S500 S5.100.00 S6.00 S6.120.00 APPLY THERMOPLASTIC 8" DASHED V\'HITE LANE DROP LINE AT INTERSECTION PER CAL TRANS 1,490 LF S2.00 $2,980.00 S2.00 $2,980.00 $2.40 $3,576.00 STANDARD PLANS. PLAN NO. A20C, DETAIL 37B APPLY THERMOPLASTIC SHARED ROAOWA Y BICYCLE MARKING 3'X9' PER CAL TRANS STD PLAN 50 EA $1,118.00 $55,900.00 S350.00 $17.500.00 S420.00 S21,000.00 NO. A24C WITH GREEN BACKGROUND. APPLY THERMOPLASTIC 8" DIAGONAL WHITE HATCH 570 LF S2.00 $1,140.00 $1.50 $855.00 S1.80 $1,026.00 AT 20' SPACING. APPLY THERMOPLASTIC 8" SOLID WHITE GORE TREATMENT PER CAL TRANS STANDARD PLANS. 400 LF $2.00 S800.00 $2.00 $800.00 S2.40 $960.00 PLAN NO. A20C. DETAIL 36. APPLY THERMOPLASTIC 6" SOLID WHITE BIKE LANE LINE PER CAL TRANS STANDARD PLANS, PLAN NO. 11,864 LF $1.00 $11,864.00 S0.75 $8,898.00 S0.90 $10,677.60 A20D, DETAIL 39. APPLY THERMOPLASTIC 6" DASHED WHITE INTERSECTION BIKE LANE LINE PER CAL TRANS 125 LF $1.00 S125.00 S1.00 S125.00 S1.20 S150.00 STANDARD PLANS. PLAN NO. A20D. DETAIL 39A. ~3 i,. ,,,_ '0 · · 1,, "< ·~t41'RAFFIC SIGNP.;!St ---~"';,:;~g-. .. '' I -~ :'f ]'. i· • q~ • t ·t -,_4:;;.;~~f¼.~ 'i?; ~ .,., 2' ~• , £/ C •'. K < TRAFFIC SIGNAL MODIFICATION FOR THE 81 INTERSECTION OF PALM CANYON DRIVE AND 1 EA S293.313.00 S293.31300 S340.000.00 S340.000.00 $310.000.00 $310,000.00 CAMINO PARCELA TRAFFIC SIGNAL MODIFICATION FOR THE 82 INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA S253.786.00 S253,786 00 S305,000.00 $305,000.00 $293,000.00 $293,000.00 RAMON ROAD TRAFFIC SIGNAL MODIFICATION FOR THE 83 INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA $187,627.00 $187.627.00 S259.000.00 $259.000.00 $256.000.00 S256,000.00 BARISTO ROAD TRAFFIC SIGNAL MODIFICATION FOR THE 84 INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA S187.990.00 $187,990.00 $234,000.00 $234,000.00 $25,900.00 $25,900.00 ARENAS ROAD
18ltomNo. 85 86 87 88 89 90 91 92 96 INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT-CP 17-08: BID SUMMARY BID SCHEDULE A BELCO ELECNOR GROUP DESERT CONCEPT PTM GENERAL ENGINEERING QUANTITY UNIT CONSTRUCTION SERVICES INC. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR. AMOUNT UNIT PR. AMOUNT TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE AND LA 1 EA $104.378.00 $104.378.00 S131.000.00 S131.000.00 S159,000.00 $159,000.00 PLAZA TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA $211,703.00 $211,703.00 $275,000.00 $275,000.00 $284,000.00 $284,000.00 TAHQITZ CANYON WAY TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDlAN CANYON DRIVE AND 1 EA $168.425.00 S168,425.00 $212.000.00 $212.000.00 $247,000.00 $247,000.00 ANDREAS ROAD TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA $197.207.00 $197,207.00 $248,000.00 S248,000.00 $223,000.00 S223,000.00 AMADO ROAD TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA $264.147.00 S264.147.00 $280,000.00 $280,000.00 $278,059.00 $278,059.00 ALEJO ROAD TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE ANO 1 EA $94,166.00 $94,166.00 S103,000.00 S103,000.00 $122,000.00 $122,000.00 TAMARISK ROAD TRAFFIC SIGNAL MODIFICATION FOR THE INTERSECTION OF INDIAN CANYON DRIVE AND 1 EA $214.724.00 $214,724.00 $285.000.00 S285.000.00 S281.447.00 5281,447.00 TACHEVAH DRIVE REMOVE EXISTING STREET LIGHTS AND REPLACE 40 EA $558.00 522,320.00 $2.833.28 $113.331.20 $650.00 $26,000.00 \NlTH LED STREET LIGHTS FIELD CHANGE ORDERS 1 AL $150,000 00 S150.000.00 $150,000.00 $150.000.00 S 150,000.00 5150.000.00 TOTAL= $4,464,857.00 TOTAL= $4,583,012.15 TOTAL= $4,664,997.10 2 3 NOTES: Cells in ye!low represent calculated numbers, that do not maich whal was wriffen in tho bid document.
19Attachment 3
20AGREEMENT (CONSTRUCTION CONTRACT) THIS AGREEMENT made this_ day of _______ , 20_, 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 Elecnor Belco Electric, Inc., 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: INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN SAFETY ENHANCEMENTS CITY PROJECT NO. 17-08 The Work includes Indian Canyon Drive and a total of eleven (11) intersections between Tachevah Drive and Camino Parocela in the City of Palm Springs, and includes removal and replacement of existing sidewalks, ADA ramps, curbs, gutters, cross gutters, asphalt pavement; removal of existing and installation of new traffic striping, signage and markings; modification of existing traffic signals located at Tachevah Drive, Tamarisk Road, Alejo Road, Amado Road, Andreas Road, Tahquitz Canyon Way, La Plaza, Arenas Road, Baristo Road, Ramon Road, and Camino Parocela; and all appurtenant work as identified in the construction drawings, specifications and Special Provisions. 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. They 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 INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 DATE June 14, 2018 AGREEMENT FORM AGREEMENT AND BONDS -PAG.E..1
21damages, 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. Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor forty-five (45) days written notice. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be reasonably determined by the City given the facts and circumstances. Upon such notice, City shall pay Contractor for Services (inclusive of profit, overhead and general conditions for the work completed) performed through the date of termination in accordance with the Contract Documents; and shall reimburse Contractor for its actual costs incurred in terminating any subcontracts, purchase orders, and any other contracts entered into on behalf of City, together with Contractor's demobilization costs. Upon receipt of such notice, Contractor shall promptly cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement, (except costs incurred due to delays caused by City or anyone controlled by City). Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. 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 Four Million Four Hundred Sixty Four Thousand Eight Hundred Fifty Seven Dollars and Zero Cents ($4,464,857.00}. 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, Workers Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 01 to 01, inclusive, and all Construction Contract Change Orders and Work INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 DATE June 14, 2018 AGREEMENT FORM AGREEMENT AND BONDS -PA~
22Change 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. 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 Whenever any provision of the Contract Documents requires the giving of a written Notice between the parties, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. 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. 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 INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 DATE June 14, 2018 AGREEMENT FORM AGREEMENT AND BONDS· PAGF-~
231770, 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. ARTICLE 9--NON-DISCRIMINATION 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 10--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. IN0IAN CANYON DRIVE CITY PROJECT NO. 17-08 DATE June 14, 2018 SIGNATURES ON NEXT PAGE AGREEMENT FORM AGREEMENT AND BONDS • PAG.fn4
24IN 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 __________ _ ATTEST: David H. Ready City Manager By ____________ _ Anthony J. Mejia, MMC City Clerk APPROVED AS TO FORM: By ____________ _ Edward Z. Kotkin City Attorney RECOMMENDED: By __________ _ Marcus L. Fuller, P.E., P.L.S. Assistant City Manager/City Engineer INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 DATE June 14, 2018 APPROVED BY THE CITY COUNCIL: Date -------Agreement No. ___ _ AGREEMENT FORM AGREEMENT ANO BONDS-PAGE.5
25CONTRACTOR By: Elecnor Belco Electric, Inc., a California corporation Firm/Company Name By:______________ By: _____________ _ Signature (notarized) Signature (notarized) Name: ______________ _ Name: ______________ _ Title: ______________ _ 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 _______ ...... 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Signature: Notary Seal: INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 DATE June 14, 2018 (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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Signature: Notary Seal: AGREEMENT FORM AGREEMENT AND BONDS · PAGE 6
26Attachment 2
27Recording Requested By: City of Palm Springs When Recorded Mail To: Name Anthony J. Mejia, City Clerk Street Address 3200 E. Tahquitz Canyon Way City& State Palm Springs, CA 92262 NOTICE IS HEREBY GIVEN THAT: SPACE ABOVE THIS LINE FOR RECORDERS USE NOTICE OF COMPLETION (CA Civil Code§§ 8180-8190, 8100-8118, 9200-9208) 1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is: _F_ee ____________________________ (e.g. fee, leasehold, joint tenancy, etc.) 2. The full name and address of the undersigned owner or reputed owner and of all co-owners or reputed co-owners are: Name Street and No. City State City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 3. The name and address of the direct contractor for the work of improvement as a whole is: Belco Elecnor Group, 14320 Albers Way, Chino, CA 91710 4. This notice is given for (check one): 121 Completion of the work of improvement as a whole. • Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186). 5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is: Not Applicable 6. The name and address of the construction lender, if any, is: Not Applicable 7. On the 16th day of December 20~, there was completed upon the herein described property a work of improvement as a whole ( or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided: City Project 17-08, Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements 8. The real property herein referred to is situated in the City of Palm Springs , County of _R_iv_er_sid_e _____ _ State of California, and is described as follows: Traffic Signal construction and modifications, Slurry Seal, Pedestrian Access Improvements and Pavement Markings 9. The street address of said property is: Indian Canyon Way Between Tachevah Road and Camino Parocela 10. If this Notice of Completion is signed by the owner's successor in interest, the name and address of the successor's transferor is: Not applicable I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: ______________ _ By: ________________ _ Signature of Owner or Owner's Authorized Agent Joel Montalvo/City Engineer City of Palm Springs Page 1 of2
28VERIFICATION I, Joel Montalvo state: I am the City Engineer _ ("Owner", "President", "Authorized Agent", "Partner'', etc.) of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on _______ _, ___ (date), at Palm Springs (City),~ (State). Signature of Owner or Owner's Authorized Agent Marcus Fuller, Assistant City Manager/City Engineer City of Palm Springs PROOF OF SERVICE DECLARATION STATE OF CALIFORNIA COUNTY OF ___________ _ On _____________ _, ___ (date), before me, _______________ _, Notary Public (name and title of officer) 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Page 2 of2 Signature