HomeMy WebLinkAbout9/1/1999 - STAFF REPORTS (4) DATE: September 1, 1999
TO: City Council
FROM: City Engineer
INDIAN AVENUE OVERHEAD SEISMIC RETROFIT, CITY PROJECT NO. 96-43
RECOMMENDATION:
That the City Council reject the apparent low bid from Commercial Diversified,
Inc., as non-responsive, and award a contract to 4-Con Engineering, Inc., in the
amount of$196,462.00, for the Indian Avenue Overhead Seismic Retrofit, City
Project No. 96-43.
BACKGROUND:
On November 19, 1996, Caltrans' representatives from Sacramento as well as
Local Assistance representatives from District 8, conducted a field review with
City staff of the Indian Avenue bridge over the Union Pacific railroad. As part of
Caltrans'Seismic Retrofit Program for bridges owned by local agencies,thelndian
Avenue bridge was identified as a bridge-eligible for retrofit. Subsequently,
Caltrans administered a professional services agreement with Moffat and Moot
Engineers; Santa Ana, California, to prepare plans, specifications, and an
engineer's estimate for the Indian Avenue bridge seismic retrofit improvements.
The State's consultant completed the plans and specifications, and on June 12 and
June 19, 1999, the project was advertised for bids and, at 2:00 P.M. on July 6,
1999, the Procurement Division received bids from the following contractors:
1. Commercial Diversified, Inc.; $177,000.00
2. 4-Con Engineering, Inc.; $186,462.00
3. Banshee Construction Company, Inc.; $194,094.00
The Engineer's estimate was$68,700.00. In light of the excessive bids, City staff
coordinated with Caltrans to determine if the State would allow the City to award
on the basis of the bids received, or if re-advertisement would be required. After
reviewing the bid documents, the state determined that the range of bids were
reasonable and directed staff to follow the City's fiormal procedures in awarding
this project to the lowest responsible bidder.
Upon review of the bid documents, City staff discovered that the apparent low
bidder failed to provide the bid documents nor meet the requirements specified for
the Disadvantaged Business Enterprise(DBE)program. As a federal aid project,
the project is, subject to the DBE program, which requires that each bidder
associate with state certified DBE firms (small and minority owned businesses)
through subcontracting or material purchases. Alternatively, if a bidder is unable
to meet the DBE goal in that way,it must provide documentation that it made good
faith efforts to do so.
o� .4
The apparent low bidder is certified through the County of San Bernardino as a
DBE firm and submitted documentation claiming itself as the only DBE firm for
this project. The first bid discrepancy is the fact that the Caltrans Local Assistance
Procedures Manual contract award requirements,which are restated in the project
specifications, clearly state that a bidder,if certified as a DBE firm, can not claim
itself toward the DBE goal. Therefore,a DBE bidder is still required to meet the
DBEgoal through suboona tmg or matmdpurchases,or make good faith efforts
to do so.
City staff coordinated with the apparent low bidder on this regard and received a
good faith effort statement, showing an attempt to meet the DBE goal. However,
the specifications require that a good faith effort statement, if not submitted with
the bid documents, must be submitted to the City within 4 working days of the bid
opening. The second bid discrepancy is the fact that the good faith effort statement
was not submitted by the specified deadline.
In accordance with the project specifications,the failure of the apparent low bidder
to meet the DBE program requirements or submit the necessary bid documents
within the time specified is grounds for finding the bid non-responsive.
The bid documents submitted by the second low bidder, 4-Con Engineering, Inc.
comply with all of the terms of the project specifications. 4-Con Engineering,Inc
is from Fontana, CA., a California corporation, and its principals are: Richard I.
Garabedian, President; Diego 7. Deandrade, Vice President; Fred E. Ecker,
Treasurer; Cruz R. Borrero, Secretary.
All eligible costs associated with this project (engineering design; construction
management, inspection, and materials testing; and construction) are 100%
reimbursable under the Seismic Safety Retrofit Program. Funds are available
in account no. 261-4491-50171 (Seismic Retrofit).
*L- -
DAVID I. BARAKIAN $/
City Engineer '
APPROVED:
ATTACHMENTS:
1. Minute Order
4-Con Engineering,Inc.
Indian Ave Overhead Seismic Retrofit
AGREEMENT#4135,CP96-43
M06470, 9-1-99 Related
AGREEMENT �y[�7
THIS AGREEMENT made this ay of lu• in the year 19 �!, by and between
the City of Palm Springs,a darter city,org and a sting in the County of Riverside.under and by virtue of the laws of the
State of California.hereinafter designated as the City,and
4-Con Engineering, Inc.
hereinafter designated as the Contractor.
The City and the Contractor,in consideration of the mutual covenants hereinafter set forth,agree as follows:
ARTICLE 1 —THE WORK
The Contractor shall complete the Work as specified or indicated under the Sid Sc edriefs) of the City's Contract Documents
entitled:
INDIAN AVENUE OVERHEAD SEISMIC RETROFIT
CITY PROJECT NO. 96.43
The Work is generally described as follows:
The construction of the sale is ratro6t of the began Avenue Bridge No. 66C-0025 crosft over the Union Pacific Ratkoed par
the approved plans, conalsthg of consuuetlon of soucdral reinforced concrete, stwchard steal blast darning and pd ntng
structural steal and painting undercoat.
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 It
the Work is not completed within the time spedflod 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 date",expanse,and difficulties
involved in proving in a legal pracoadkp the actual loss suffered by the City If the Work Is not completed an time. Accordingly,
instead of nxpkkg any such proof,the City and the Contractor agree that as liquidated damages or delay(but not as a penalty).
the Ccritractor shag pay the City the sum of $472.00 for each ctlandw day that expires after the time specified in Artkde 2.
herein.
ARTICLE 3—CONTRACT PRICE
The City shag pay the Contractor for the completion of the Work,in aacMance with the Contract Documents, in current funds
the Contract fris(s)named in the Contractor's Sid and Sid Sc eduloal.
ARTICLE 4—THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids. Instructions to Bidders, the prevailing rate of par dem wages as
determined by the Director of the Colfomia Department of industrial Relations.Federal Labor Standards Provisions.federal Rates
of Prevailing Wages, the accepted Bid and Bid Schednie(s). List of Subcontractors, Non-colluslon Affidavit, Bidder's General
Information, Bid Security or Bid Bond, this Agreement. Worker's Compensation Certificate. Performance Bond. Payment Bond,
Standard Spect(watlons, Special Provisions, the Drawings. Addenda numbers —I— to —I— , Inclusive, and all Change
Orders and Work Charge Directives which may be delivered or Issued after the Effective Date of the Agreement and are not
attached hereto.
ARTICLE B—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 Engi ser or the City as provided in the Contract Documents.
0lPI"TE
INDIAN AVENUE OVERHEAD SEISMIC RETROFIT
CITY PROJECT NO.9543 AGREEMENT FORM
6/7/1999 AGREEMENT AND BONDS-PAGE 1
ARTICLE 6—NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been
validly given it delivered in person to the individual or to a member of the firm or to an officer of the corporation for wham R is
Intended.or it delivered at or sent by registered or certified mad,postage prepaid,to the last business address known to the giver
of the Notice.
ARTICLE 7—MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications for Public Works Construction('Greenbook')and
the Special Provisions will have the meanings indicated in said Standard Specifications and 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 low),and uniess 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 Docnrrants.
W WITNESS WHEREOF,the City and the Contractor have caused this Agreement to be executed the day and year first above
written.
ATTEST: =OF :SGS.CALIFORNIA
City Clark
APPROVED AS TO FORM:
By w4d%
City Attorney
Date
CONTENTS APPROVED*
By �v
q 9ty Engineer
Date / Z4- -/
By
City Manager
Date q -IZ M
APPROVED BY THE CITY COUNCIL:
Minute Order No. 6470 Date 9-1-99
Agreement No. 4135
INDIAN AVENUE OVERHEAD SEISMIC RETROFIT
CITY PROJECT NO 96.43 AGREEMENT FORM
6/7/1999 AGREEMENT AND BONDS-PAGE 2
CONTRACTOR:
4-Con Engineering, Inc
(Check one: individual _partnership, X Corporation)
By
IN IZ DI
Prim Name and Title:
By/ j�
tlfloTARIzED)
Print Name and Title:
1�«z .P Boren s �
Msi fng Address: .�D• iE7nX a a.i'/
✓Tw�✓o eow 93 49s�a 2i>
Date_ i9s6
(Corporations require two signatures: one from each of the following groups: A. Chairman of Board, President, or any Vice
President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
End of Signatures
INDIAN AVENUE OVERHEAD SEISMIC RETROFIT
CITY PROJECT NO.9&43 AGREEMENT FORM
6/7/1999 AGREEMENT AND BONDS-PAGE 3
WORKER'S COMPENSATION CERTIFICATE
(AS REQUIRED BY SECTION 1861
OF THE CALIFORNIA LABOR CODE)
I am aware of the provisions of Section 3700 of the California Labor Code, which
require every employer to be insured against liability for worker's compensation, or to
undertake self-insurance in accordance with the provisions of said Code, and I will
comply with such provisions before commencing the performance of the Work of this
Contract.
Contractor 4-Con Engineering, Inc.
By �
Title Flg,60LA :.,—,lima.ern.J .A�its�0.�.✓T
INDIAN AVENUE OVERHEAD SEISMIC RETROFIT
CITY PROJECT NO 96-43 WORKER'S COMPENSATION CERTIFICATE
6/7/1999 AGREEMENT AND BONDS-PAGE 4
BOND NUMBER: 3973595
EXECUTED IN FOUR COUNTERPARTS PERFORMANCE BOND PREMIUM: $2,365.00
KNOW ALL MEN BY THESE PRESENTS,
That 4-Con Engineering, Inc. as Contractor,
And GREAT AMERICAN INSURANCE COMPANY as Surety,
are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of
Riverside,California,hereinafter called the"City,"in the sum of*
One Hundred Eighty-Six Thousand Four Hundred Sixty-two & no/100 sonars,
for the payment o which sum well and truly to be made, we bid ourselves, our heirs, executors,
administrators,successors,and assigns,jointly and severally,firmly by these presents.
WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said
City to perform the Work as specified or indicated in the Contract Documents entitled:
INDIAN AVENUE OVERHEAD SEISMIC RETROFIT
CITY PROJECT NO. 96-43
NOW THEREFORE,B said Contractor shall perform all the requsements of said Contract Documents required
to be performed on its part, at the Panes and in the manner specified herein,then this obligation shall be null
and void,otherwise it shall remain in full force and effect.
PROVIDED,that any alliterations in the Work to be done or the materials to be fu mished, or changes in the
time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any
way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the
provisions of sold Contract Documents, release either said Contractor or said Surety, and notice of such
alterations or extensions of the Agreement is hereby waived by said Surety.
SIGNED AND SEALED,this 20TH day of SEPTE14BER , 19 99
CONTRACTOR: SURETY:
GMT AMERICAN INSURANCE COMPANY
4-Con Engineering. Inc.
(Check one: _individual, _partnership,
BY Azz V W -
"slue (SEAL AND NOTARIAL ACKNOWLEDGMENT OF
JI TARRED) SURETY)
Print Name and Title:
Q .•��..� uT Ly+ra,Ga�t�io�.�.�6�s,dL.�T
By
aB"a n
-- OTARREDI
Pint Name and Title:
(Comaetrons require two aprettres;one eom seta of
the tolk w rig groups:A.Chaxman of Board,Preadent.or
any Vice President; AND B Secretary, Assistant
Sexatery, Treasurer, Assistant Treasnno a Chef
Fi ancrd Officer).
INDIAN AVENUE OVERHEAD SEISMIC RETROFIT
CITY PROJECT NO.95.43 PERFORMANCE BOND
6/711999 AGREEMENT AND BONDS PAGE 5
PAYMENT BOND BOND DER' 3973595
xE EQITED IN FOUR COUNTERPARTS PREMIUM INCLUDED IN PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That 4-Con Engineering, Inc. as Contractor,
And GREAT AMI AN INSURANCE COMPANY as Surety,
are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, State of
California,hereinafter called the"City,"in the sum of:
One Hundred Eighty-Six Thousand Four Hundred Sixtv two 8 no/100 1$18�a�4r62.00)
for the payment of which sum well and truly to be made, we bind ourselves, our here, executors, administrators, successors,
and assigns,jointly and severally.firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the
Work as specified or Indicated in the Contract Documents entitled:
INDIAN AVENUE OVERHEAD SEISMIC RETROFIT
CITY PROJECT NO. 96-43
NOW THEREFORE, if said Contractor, Its subcontractors, its hairs, executors, admMstrators• successors, or assignor shall fad to
pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the
Work contracted to be donne, or for any work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code, or for any amounts required to be deducted, withheld, and pad over to the Employment Development
Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections
3247.3262,inclusive, of the Civil Code of the Star of California and acts amendatory thereof, and Sections of other Codes of
the Stine of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or
corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or
about performance of the Work contracted to be executed or performed,or any person, company,or corporation renting or hung
Implements or machinery or power for,or contributing to,said work to be done,or any person who performs work or labor upon
the same, or any person who supplies both work and materials therefor, shall have compiled with the provisions of said jaws,
then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit its
brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall rare to the benefit of any
and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or thew
assigns in any suit brought upon this bond
PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion,
which may be made pursuant to the terms of said Contract Documents, shad not in any way release said Contractor or said
Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said
Contractor or said Surety,and notice of said alterations or extensions of the Agreement its hereby waived by said Surety.
SIGNED AND SEALED,this 20TE day of SEPTEMBI3R , 18 99 .
INDIAN AVENUE OVERHEAD SEISMIC RETROFIT
CITY PROJECT NO.96-43 PAYMENT BOND
6n1i 999 AGREEMENT AND BONDS PAGE 6
CONTRACTOR:
4-Con Engineering Inc
(Check one: individual, �a"nerahip,
.corporation)
By
INO IZED)
Prmt Name and de•
.�4v,led r� r�g�r,�SdttdT
By
elpause
TARIZEDI
Pent Name and Title:
(Carparaaons repine two signatures,one!mm each or the tdowwV
groups:A.Chermen of Board,Prasrdent,or any Vex Preeidem.AAV
B.Secretary,Asenbm Secretary,Treasurer,Asmram Ttss a or
Chef FinwwW offim).
BGREAT AMERICAN INSURANCE COMPANY
. r
PRANCES ^L
ride-ATTORNEY-
(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)
INDIAN AVENUE OVERHEAD SEISMIC RETROFIT
CITY PROJECT NO W 43 PAYMENT BOND
6/7/1999 AGREEMENT AND BONDS PAGE 7
(� CONTRACTOR BACKGROUND CHECK
CITY PROJECT N0.
PROJECT: lyj taA hyes • r l ^7
CONTRACTOR: - rsi,n h 0Prr�� Verified /Af �
INSTRUCTIONS:
This form shall be filled out by the Engineering Design staff when
reviewing contractor background (APPARENT LOW BIDDER) prior to award
i
of contract by City Council. The form may be waived f a contractor
does repeatedly acceptable work for the City. This shall be attached•
to the INFORMATION REQUIRED OF BIDDER form and filed in the referenced
City Project file, after routing. At least two references shall be
' contacted and a third reference made if less than acceptable work
comments were made by any one of the first two contacts.
------------------- -
Reference Check #1s Person Contacted: lAJ ` Phone Ley
Agency/Firms City:
Nature Of Works- e,%
Contract Amounts rp 7401 00 Date Completed:
Commpntn,By Above Per ons
b , t
Reference Check #2:
Person Contacted• VA.1 Phone # -
Agency/Firms e. City:
Nature Of Wor s
dst-
Contract Amount: D to Completed:
Comore is By Above Pe s n:
6J I
b
Reference Check #3s (Optional)
Person Contacted: Phone #
Agency/Firms City:
Nature of Wor :
Contract Amount: f ate Completed:
Comments By Above Person:
Completed By: . um Dates 0
47
Reviewed By:
Contracts Administrator
cc: City Engineer
Director of Public Works ��
LEE
F1LENo: aoe53a E '• LAURA PARK COMPANY
i ADDRESS: 11301ASHLAND—AVENUE
CITY: SANTA MONICA STATE: .CA,! ZIP. 90403- ,
'PHONE: (818)446-1823 .. EXTENSIO'N; �� '
FAX: ,.:-irdc^ E •.
CONTACT: LAURA PARK .•• '
SUSSTRU: C .ETHNICITY: aU-MIAN `
». •• SEX: FEMALE
i EXPIRATION: 10/01/99 u. OVBE, I!
COUNTY: „ CF 19 30 33 36 37 56
DISTRICT: 07 0811 12
I CERTAGCYNO: 00001.-- ! CERTAGENCY: . CALTRAN !i "
ONSITENO: 1.00001 ONSITEAO>CY. .CALTRAN ONSITEDATE: 03/07/95 �... -I:
r
UL
FILENO: 028892 DBAS GLM CONTRACTORS INC SEE FILE#4245
ADOf(EW: 594 KING STREET F ' .•. ' • .
.CITY: • REDLANDS �, ••STATE:, +ZIP:• 92373 + '
PHONE:, (809)399 OS00 ^li` `, E)ITENSION:
.FAX: 19093890 +
CONTACT: MAYTE T VALDEZ ^. '
BUSSTRU: .:' r NICITY*. HII�S"P'ANICI SEX: MALE '
EXPIRATION: OBl01/00„ t„ ' • DVBE„. 'Cl:• • DVBEEXP:
I, COUNTY:
DISTRICT: Ot 02 03 04 05 OB 07 OS 091011 1 . '
CERTAGCYNO:„ 00001 "•'CERTA13ENCY:•, CALTRAN
i ONSITENO: T00000. J+•• • .-;ONSITEAGCY: ONSITEDATE: ��i
License Dotatl hWJ/* w2.calb era.gov/JCgese/CSLB_L'brary/CSLB+BookQ,iasnse+DAaiIDML
« 1:"QF MIt COM MICTOM tCfA78 Lockar eoAw
-.- License Detail
Contractor License# 748284
DISCLAIMER
The Brewsms ie&=AtonaboanbelowreprmaW i mIlMiontalcanBomlhe CSLBSomingdah baseat Sheameofyour inquiry.Rwm Mot
ref ea PadaS WdAtes which am be ftfliViewdformiinqua t dale bm upde ft The avafiabk m&mdwe mrynotmimctwry cft erdot heel
,judgmade a acliom Ihat have not Gem epakd athe CSLB.QUhee we diedaable oohhhpWhda(legal acioro)on the oadndora Somae,dot
itibemmionwill be"ovided.lryou clad to pusme any kind ofkgal aciiwk imureyau get a"Verified Catifiate•which is a eerlified Rama
homywmnt a Vecificuime period p wto Wring mW action,
Exttaot Date:Au$us$099•••1999
BUS&ESS INFORMATION
•4-CONENG.. ; .. I1 'G 114C .
1566 COLUMBINE WAY
UPLAND, CA 91786
X.
Etltity:.Corpolation
Issue Date: 04/22U/1998.Expire Date:,0400/2000
* * * LICENSE STATUS
This lioense is clrlrent'and active.
* * * CLASSIFICATIONS
A•,GENERAL ENGINEERING CONTRACTOR
* * * CONTRACTOR]BONDING INFORMATION
This Hoene has bond number 6930738 in the amount of$7,500 with the bonding company
UNITED PACIFIC INSURANCE COMPANY.
.Effective Date: 12/10/1997 "
* * *WORKERS COMPENSATION INFORMATION
This license has workers compensation insurance whh the STATE.COMPENSATION
INSURANCE FM
Policy Number: 04&000,8010 E%ctive Date;.01A1/1999 Expire Date: 01/01/2000
Lheeae Numher'Rnnuels toatraeaer Nam*Rcn�eet feel Name Reauess
lofI
W/99 4.17 PM
OF PALM Sp
City of Palm Springs
a C Office of the City Clerk Maarao` 3200 Tahquia Canyon Way•Palm Springs,Cohfmoa 92262
411 FO IL TEL(760)323-8204•TDD.(760)864-9527
September 13, 1999
4-Con Engineering,Inc. NOTICE OF AWARD
14771 Washington Drive
Fontana,CA 92334
INDIAN AVENUE OVERHEAD SEMUC RETROFIT, CP96 43,A4135
Enclosed for execution are one complete and four sets of the contract pages for the above work which was
awarded by the City Council on September 1, 1999,by Minute Order 6470,Agreement#4135, for$186,462.
Please sign and return to this office together with:
1. Performance Bond in the amount of$186,462.
2. Payment Bond in the amount of$186,462.
3. Certificates of Insurance, NAMING THE CITY OF PALM SPRINGS AS ADDITIONAL
INSURED; a) Comprehensive General Liabiilty with bodily injury, including completed operations, products
liability, and wrongful death, $1,000,000 each occurrence; or an annual
damage including explosion, collapse, and aggregate of occurrence;
property
underground coverages, $1,000,000 each occcurrence; or anmtal
aggregate of$1,000,000, personal injury with employment excusion deleted, $1,000,000 annual aggregate, b)
Automobile Liability, bodily injury including wrongful death, of$500,000 each person, and$1,000,000 each
oceurrence; and property damage of$250,000 each occurrence or combined single limit of$1,0oo,000, and c)
Workers ComDeffiafion of statutory amount or minimum$1,000,000. It is f irdw required that the Insurance
Certificate Cancellation Clause reads as follows: "Should any of the above described Plates be emcead
before the eximudon date thereof the issuine com' mm wN marl 30 days written notice to the below-named
ceYlrlle0te hohter "
4. Nam, with appropriate acknowledgment forms on all signature pages, i.e., Agmement,
Performance Bond and Payment Bond on all four(4)codes.
The contract is for your SURETY, together with a copy of this letter. All documents are to be
returned to this office by September 28, 1999. The CONTRACT and PERFORMANCE/PAYMENT Bond
will be dated at the time it is executed on behalf of the City.
PATRICIA A. SANDERS
City Clerk
Enclosures
cc: Engineering
Surety
Tom Cartwright
Post Office Box 2743 • Palm Springs, California 92263-2743
4-CON ENGINEERING, INC.
P.O.BOX 2217
FONTANA,CALIFORNIA 92334-2217
(909)427-1177 FAX(909)427-1562
LETTER OF TRANSMITTAL
TRANSMITTAL NO.: PW020-01-001
Reference: CITY OF PALM SPRINGS , INDIAN AVE SEISMIC RETROFIT
TO:CITY OF PALM SPRINGS DATE. September 23, 1999 JOB No.: PC-020
3200 TAHQUIITZ CANYON WAY ATTENTION: PATRICIA SANDERS
PALM SPRINGS CA 92262 PHONE:760323-8253
FAX:760322-8360
WE ARE SENDING YOU: I@ Attached ❑ Under separate cover via N/A the following:
❑Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑Specifications
❑Copy of letter(s) ❑Change Order ❑
COPIES DATE NO. DESCRIPTION
CONTRACTS , BONDS , INSURANCE
THESE ARE TRANSMITTED as checked below:
® For approval ❑Approved as submitted ❑ Resubmit_copies for approval
® For your use ❑Approved as noted ❑ Resubmit_coples for distribution
❑As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE,� [I PRINTS RETURNED AFTER LOAN TO US
REMARKS: !Z" l Z �1-jo 1-v$V4 ty L✓I LL BQ—
Su'^�T y�vy�2 5 �� rcr✓o�l.
rnav n cry � /�GD
PUBLIC WORKS CONTRACTS
BID RESULT CHECK LIST FOR CITY CLERK OFFICE:
AGRif f Ii 7
"AMOUNT' 'my]
J
City Project No: r 4 MO# � DATE_ t
Dates Published: b1l 2. 104 1,9AIA4 DIV IND APP NOTICE Y nN ❑
Bid Date & Time: h,
PROJECT:
eSUCCESSFUI: 1. . 6.
2. 7.
3. S.
4. 8.
5. 10.
1NC�MPLETE p� `
(Non respons�vel ;�NHY: M NV
#CONTRACTOR BACKG CHECK: . ...... Required? Y N ❑ (ATTAW W REnIIIRD)
Affidavit of Non-Collusion Signed & Notarized? Y ❑
information required of b'KkW page completed? Y N ❑
Type & Amount of Insurance Required:
NTrA M00n MEV4WW .
Contractors License No. 2 Types) Status
No. of days to complete work orki Calendar.
Estimated Start Date: j Z4qA Estimated Completion Date:
No. of days in which to execute contract after Notice of
Award (date City Clack tranaWts contracts for exeoudan):
Davis-Bacon Exhibits (Speoity B&Mb to be oomplead by contractor?) f
Any Addenda? Y N ❑ No. Addenda Signed by Contractor? Y)M N ❑
BONDS:
PERFORMANCE BOND % PAYMENT BOND % CORRECTION REPAIR BOND %
BID BONDS: BLANK BID SPECS.
Successful Bidder:
CASHIER'S CHECK? Y ❑ N ❑ DEPOSITED IN T& A? Y ❑ N ❑ Five (5) extra Sets of bid
Unsuccessful Bidders: specifications for contract execution
CASHIER'S CHECKS? Y ❑ N ❑ DEPOSITED IN T & A? Y ❑ N ❑ Attached: Y ❑ N ❑
Which Contractor(s): 1 ❑ Provided Previously
DO SPECS & AGREEMENT FORM REFERENCE: Public Contracts Government Code Sec. 22300 Y N ❑
Labor Code 1777.5 Y N ❑
Labor Code 1776 y N El
Standard Specifications ( EDITION
nStandard Specifications
for Public Works Construction�EDITION
DATE: b BY: 'MAd m A1GG&,
DEPT i4rc./
JI
7-1.23 Safety and Health Provisions. - Attention is directed
to Section 7-1.06 of the Standard Specifications and the
provisions thereof. Cal/OSHA requirements and the provisions of
the "Permit to Excavate" obtained by the Contractor from the State
Division of Industrial Safety shall be complied with.
7-1.24 Public Safety During Non Working Hours.
Notwithstanding the Contractor's primary responsibility for safety
on the jobsite when the Contractor is not present, the Engineer at
his option after attempting to contact the Contractor, may direct
City forces to perform any functions he may deem necessary to
ensure public safety at or in the vicinity of the job site. If
such procedure is implemented, the Contractor shall bear all
expenses incurred by the City.
7-1.25 Equipment Moving. - When moving from one construction
location to another, a pilot vehicle shall lead all construction
equipment. Flashing lights, flags and warning signs shall be used
as necessary to ensure public safety. All costs for equipment
moving shall be included in the prices for all bid items in the
Bid Schedule and no additional payment will be made therefor.
7-1.26 The Contractor, An Independent Contractor. - It is
understood and agreed that the Contractor is and at all times
shall be, an independent Contractor and nothing contained herein
shall be construed as making the Contractor, or any individual
whose compensation for services is paid by the Contractor, an
agent or employee of the City, or authorizing the Contractor to
create or assume any obligation or liability for or on behalf of
the City.
7-2 INSURANCE
7-2.01 Insurance Amounts: - The limits of liability for
insurance as required by Article 7-1. 12 of the Standard
Specifications shall provide coverage for not less that the
following amounts or greater where required by Laws and
Regulations:
1. Workers' Compensation:
a) State: Statutory Amount
Or a minimum of
$1, 000, 000
b) Employer' s Liability: $1,000,000
INDUW AVENUE SEISMIC RETROFIT SPECIAL PROVISIONS
CITY OROJECT NO.96-43 LEGAL RELATIONS&RESPONSIBILITY
6/7/1999 SECTION 7-PAGE 10
a
2. Comprehensive General Liability:
a) Bodily Injury (Including completed operations and
products liability and wrongful death) :
$ 1, 000, 000 Each Occurrence
$ 1, 000, 000 Annual Aggregate
Property Damage:
$ 1, 000, 000 Each Occurrence
$ 1, 000, 000 Annual Aggregate
b) Property damage liability insurance will provide
explosion, collapse, and underground coverages
where applicable.
c) Personal injury, with employment exclusion
deleted:
$1, 000, 000 Annual Aggregate
3. Comprehensive Automobile Liability:
a) Bodily Injury (Including wrongful death) :
$500,000 Each Person
$1, 000,000 Each Occurrence
b) Property Damage:
$250,000 Each Occurrence
Or a combined
single limit of
$1, 000, 000
END OF SECTION -
INOUW AVENUE SEISMIC RETROFIT SPECIAL PROVISIONS
CITY OROJECT NO.96-43 LEGAL RELATIONS&RESPONSIBILITY
6/7/1999 SECTION 7-PAGE 11
O� PALM SA
IP City of Palm Springs
" Office of the City Clerk
.4
�•oaa,ao 3200 Tohyuir:Canyon Way•Palm Springs.Cahfom" 92262
Cq� FO RN\P TEL (760)323-8204 •I'M(760)864.9527
October 5, 1999
4-Con Engineering, Inc.
P.O. Box 2217
Fontana, CA 92334
INDIAN AVENUE OVERHEAD SETS UC RETROFTY, CP96.43, A4135:
Enclosed is your Bid Bond issued from Great American Insurance Company, in the sun of
"ten percent of the total amount of the bid."
Your copy of the executed contract is also included.
Sincerely,
Patricia A. Sanders
City Clerk
Enclosure
cc: Engineering
Tom Cartwright
Finance
Procurement
Post Office Box 2743 • Palm Springs, California 92263-2743
STATE OF CALIFORNIA—DEPARTMENT OF INDUSTRIAL RELATIONS
DIVISION OF APPRENTICESHIP STANDARDS
TO: California Department of Industrial Relations
Division of Apprenticeship Standards
P. 0. Box 603
San Francisco, California 94101
EXTRACT OF
FROM: AWARDING AGENCY PUBLIC WORKS CONTRACT AWARD
832480000
CITY OF PALM SPRINGS
OFFICE OF CITY CLERK
POST OFFICE Box 2743
PAIN SPRINGS, CA 92263— 2743
A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SEC. 1777.5 HAS BEEN AWARDED TO:
2. Nan"of General Contractor a. contractor's Utensil,Number
4. Mall Address(strest Number or P.0.Box) 6. City
14771 Washington Drive Fontana
6. ZIP Code 7. Telephone Number
92334 (909 )427-1177
6. Address of Location of Public works site(Include city and/or cauMy)
Indian Avenue Palm Springs
9. contract or Prolect Number 10. Dollar Amount at contract Award
CP96-43 A4135 $ 186,462.00
11. starting Dan(Estimated or Actual 12. Completion Date(Estimated or Actual) 19. Number of Working Days
MONTH DAY Y[AN (Use moans) MONTH DAY TSAR )Yte NDMe[Re)
10 / 1 / 99 / 1 / 1 / 00 / 60
14. TYPO of construction(NlghwaY,school,hospital,eta) 15.
® NEW CONSTRUCTION 1:0ALTERATIONS
_�eisnli Retrofit
16. Classification or TYPO at Workman(Carpenter,plumber,ate.)
Rebar, Concrete, Steel , Paint
17.
Is language included in the Contract Award to effectuate the provisions of Section 1777.5.
as required by the Labor Code? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q YES No
Is language included in the Contract Award to effectuate the provisions of Section 1776,
as required by the Labor Code? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 YES Q No
Is. signature
19. Tits 20. Date
Cit ClerQ-ln-qq
21. Printed,or Typal Name 22. Telephone Number
PATRICIA A. SANDERS ( ) 323-8205
Duplication of this form Is permb[bIc
OAS 13 i Rv Waal EXTRACT OF PUBLIC WORKS CONTRACT AWARD
9
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
That_ 4 CCN ENGIMMNG, IKC. as Principal, and
GREAT MERICAN INSUtAIX ONMY as Surety,
are held and firmly bound unto the City of Pelm Springs, hereinafter called the "City" in the sum of:
TEN PERCENT OF PMW BID** dollars
(not less than 10 percent Of the total amount of the bid)
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, execvtors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, said IRineipol has submitted a Bid to said City to perform the Work required under the Bid
Schedule(s) of the City's Contract Documents entitled:
INDIAN AVENUE OVERHEAD SEISMIC RETROFIT
CITY PROJECT NO. 81143
NOW THEREFORE, It said Principal is awarded a Contract by said City, and within the time and in the
manner required in the "Notice Inviting Bids" and the 'Instructions to Bidders` entors Into a written
Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required
Certificates of Insurance, and furnishes the required Performanco Sontj and Payment Bond, then this
obligation shall be null and void, otherwise it shall remain in full Fares and effect. In the avant suit Is
brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by sold
City in such suit, Including a reasonable anorney's fee to be fixed by the court.
SIGNED AND SEALED, thisT day of DULY 99
"WbEINEERING, I1C: su %T MERICAN INS CDVMY
IChwk ens: irldl"rdual, _pvtnersho, •' . .
corporationi
sy
111V � Taia FRANIM LEFLER, A E1=I11-FACT
*AR17CID1 ISEAL AND NOTARIAL ACKNOW— L�tUG—
N411 Nome end Title. OP SURETYI
ev
---- • —LYeeew
rNOTARIZEDI
Print Name and Title:
lewpontions r"we nwe egrwwn:wat hem aeeh of me fa awwo
110000pt.A.(Maiman ar Deem,Meeerem.w any WILY Mealee�K.ANj,
a.sairinary.Afaetem aaweie.y.Tfeaewe.Aaaaavt rrypva,s
er"t rlr.aee.el Crdwl.
INDIAN AVENUE OVERHEAD SEISMIC RETROFIT
CITY PROJECT NO.90.A9 MID MONO AMID SECURITY FORM)
8/7/1099 MID FORMS• PAGE 12
i
CALIFORNIA
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
S.S .
COUNTY OF San Bernardino )
On �/I q 1Gj before me,
KELLY A. SAITMAN. NOTARY PUBLIC , personally appeared
FRANCES:LEFLER
personally known to me;
or proved to me on the basis of satisfactory evidence to be the
person($$ whose nameoAj is/AM subscribed to the within instrument and
acknowledged to me that Pb/she/MY) executed the same in
$aM/her/rIWX authorized capacity(%094 , and that the entity upon
behalf of which the persongX4 acted, executed the instrument.
WITNESS my hand and official seal. �„ram
(SEAL) EUYA.SMTT/ W
_lllll Comma en 0 i l E5423 �}
^.+.e Notary F-jUlc-Capomb
Son 3WY.A-c County
u Signat r tary Public
Sign *k * *f******No
**************************k****************
CAPACITY BY SIGNER:
Though statute does not require the notary to fill in the data below,
doing so may prove invaluable to persons relying on the document.
Individual(s)
Corporate Officer(s) and
Titles and
Partner(s) Limited General
X Attorney-in-Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of type of document:
Number of pages:
Date of do Apent:
Signer(s) other than named above:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE.
�snaex+r
GWM ANMCAN INSURANCE 00IMPANY'
580 WALNUT STREET a CINCINNATI,OHIO 45202 a 513-369.6000 a FAX 513-723-2740
The number of persons authorized by 13849
this power of attorney is not more than No.0
FOUR POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized
and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below
its true and lawful attorney-in-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds,
undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any
such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
JAY P. FREEMAN ALL OF ALL
KELLY A. SAITMAN ONTARIO, UNLIMITED
DONALD R. DES COMBES CALIFORNIA
FRANCES LEFLER
This Power of Attorney revokes all previous powers issued in behalf of the attorneys)-in-fact named above.
IN WITNESS W HEREOF the G REAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 2nd day of February .1999
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO,COUNTY OF HAMILTON—ss-
On this 2nd day ,of February, 1999 before me personally appeared DOUGLAS R. BOWEN, to me
known, being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the Bond Division of Great
American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed
by authority of his office under the By-laws of said Company,and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March I, 1993.
RESOLVED: That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,orany one of them,be
and herebyisauthorized,from time to time,to appoint one ormore Attorneys-In-Fact to execute on behalf ofthe Company,assurery,anyand all
bonds, undertakings and contracts ol'suretyship,or other written obligations in the nature thereof,•to prescribe their respective duties and the
respective limits of their authority;and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company maybe axed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking,contract orsuretyship,orother written obligation in the nature thereof,such signature andseal when soused beingherebyadopted by
the Company as the original signature of such o>rcerand the original seal of the Company,to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICATION
1, RONALD C. HAYES,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this f Si_ day of ) it 1 L, , /9 171
; HAJFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On July 6. 1999 before me,Cruz R. Borrero. Notary Public
UM —W ear -fie 9� 'Tan—e lToa f"MyF6lu '�•�,
Personally appeared Richard J. Garabedian
sTd of e7
® personally known to me
❑proved to me on the basis of satisfactory evidence
to be the person(f;?'whose name(O isAm subscribed to the
within instrument and acknowledged to me that hektkeAkey
CRui R.BORRERO executed the same in hisilskekkey authorized capaclty(iesj,
Agm Commission s« 116"55 and that by his/she" signatures) on the Instrument the
ONWE nwrarypwk-Ca famio person(o, or the entity upon behalf of which the person(s)
los Mpeies Courdy acted,executed the instrument.
11101- MyComm.Enpires ion M2002
WITNESS my hand and official seal.
Q%Pe r
OPTIONAL
Thovah the mfarmaton below is not requaed by law.it may prove valuable to persons retying on the document and could prevent fraudulent
rer oval and reattachment of Oils form to another document
Description of Attached Document
Title or Type of Document: Bid Bond
Document Date: J fly 1. 1999 Number of Pages: 1
Signer(s) Other Than Named Above: Frances Lefler
Capacity(ies)Claimed by Signer(s)
Signers Name: Richard J.Garabedian Signer's Name: WA
❑ Individual ❑ Individual
® Corporate Officer ❑ Corporate Officer
Title(s): re ident Title(s):
❑ Partner- Limited El General ❑ Partner- 0 Limited General
❑ Attomey-in-Fact ❑ Attomey-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other.
Top d dumb here Top or rhumb nere
Signer Is Representing: Signer is Representing:
4-Con Enaineedna. Inc.
VENDORS&AleUNTS SID VENDORS&AMOUNTS SID
BID ABSTRACT
SID C°� % ��,,�DATE.31�/�► ,, U
SIDDIATO: L1901.�3�/F l.9HR'
• 1`Z�-EaA�t �
QUANTITY COMMODITY IT6A+� (`p Cd
t
Z
INDIAN AVE SEISMIC RETROFIT
MR. MAYOR AND MEMBERS OF COUNCIL:
THIS IS A LEGISLATIVE ACTION REGARDING THE INDIAN AVENUE SEISMIC
RETROFIT, CITY PROJECT NO. 96-43.
THIS IS A FEDERALLY FUNDED PROJECT BEING ADMINISTERED THROUGH THE
CALTRANS' LOCAL ASSISTANCE PROGRAM. THE BRIDGE RETROFIT DESIGN WAS
ADMINISTERED BY CALTRANS, AND WAS ADVERTISED ON JUNE 12 AND JUNE
19, AND BIDS WERE OPENED ON JULY 6, 1999. AT THAT TIME, WE RECEIVED
THREE BIDS, AND, AFTER RECEIVING AUTHORIZATION FROM CALTRANS TO
AWARD, PROCESSED THE BID DOCUMENTS.
AS A FEDERAL PROJECT, WE ARE REQUIRED TO IMPLEMENT THE
DISADVANTAGED BUSINESS PROGRAM. THIS PROGRAM REQUIRES THAT BIDDERS
ASSOCIATE WITH STATE CERTIFIED DISADVANTAGED BUSINESSES (WHICH ARE
SMALL OR MINORITY OWNED BUSINESSES) THROUGH SUBCONTRACTING OR
MATERIAL PURCHASES FOR AT LEAST 10% OF THE TOTAL WORK INCLUDED IN
THE CONTRACT.
THE PROGRAM REQUIREMENTS ALSO STIPULATE THAT IF A BIDDER ITSELF IS A
STATE CERTIFIED DISADVANTAGED BUSINESS, IT CAN NOT REPORT OR COUNT
ITS WORK TOWARD THE 10% PROJECT GOAL.
UPON REVIEW OF THE BID DOCUMENTS, IT WAS FOUND THAT THE APPARENT
LOW BIDDER, COMMERCIAL DIVERSIFIED, INCORPORATED, HAD COUNTED ITS
WORK TOWARD THE PROJECT GOAL, AND DID NOT CLAIM ANY OTHER STATE
CERTIFIED DISADVANTAGED BUSINESSES WORK IN ITS BID.
ALTHOUGH THE PROGRAM ALLOWS A BIDDER TO CLAIM LESS THAN THE
PROJECT GOAL OF 10%, IT MUST SUBMIT WITH THE BID DOCUMENTS OR WITHIN
4 WORKING DAYS OF BID OPENING, A GOOD FAITH EFFORT STATEMENT
DESCRIBING THE EFFORTS TO MEET THE PROJECT GOAL.
A GOOD FAITH EFFORT STATEMENT WAS RECEIVED FROM THE APPARENT LOW
BIDDER, BUT ONLY AFTER THE BIDDER WAS ADVISED BY STAFF THAT IT WAS IN
VIOLATION OF THE DISADVANTAGED BUSINESS PROGRAM REQUIREMENTS, AND
NOT WITHIN THE TIME PRESCRIBED BY THE SPECIFICATIONS.
FOR THIS REASON, STAFF RECOMMENDS REJECTION OF THE APPARENT LOW BID
FROM COMMERCIAL DIVERSIFIED, INCORPORATED, AS NON-RESPONSIVE, AND
AWARD OF CONTRACT TO 4-CON ENGINEERING, INCORPORATED, IN THE
AMOUNT OF $186,462.00 FOR THE INDIAN AVENUE OVERHEAD SEISMIC
RETROFIT, CITY PROJECT NO. 96-43.
CITY OF PALM SPRINGS
NOTICE INVITING BIDS
For the constructing the Indian Avenue verhe_ad
Seismic Retrofit - City Project No. 96-43
N-1. NOTICE IS HEREBY GIVEN that sealed bids for Indian Avenue Overhead
Seismic Retrofit Project will be received at the office of the Procurement
Manager of the City of Palm Springs, California, until 2 pm on July 6, 1999 at
which time they will be opened and read aloud.
N-2 DESCRIPTION OF THE WORK: The Work comprises the construction of the
seismic retrofit of the Indian Avenue Bridge No. 56C-0025 crossing over the
Union Pacific Railroad as shown on the plans. The project consists of
construction of structural reinforced concrete, structural steel, blast
cleaning and painting structural steel and painting undercoat.
N-3 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to
reject any or all bids, to waive any informality (non-responsiveness) in a bid,
or to make award to the lowest responsive, responsible bidder and reject all
other bids, as it may best serve the interest of the City.
(b)As a condition of award, the successful bidder will be required to submit
payment and performance bonds and insurance.
N-4 BID SECURITY: each bid shall be accompanied by a certified or cashier's
check or Bid Bond in the amount of 10 percent of the total bid price, payable
to the City of Palm Springs.
N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a
period of 45 calendar days from the date of bid opening.
N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a
valid Class A Contractor license at the time of award.
N-7 CMaFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general
prevailing rate of per diem wages as determined by the Director of the
Departmnent of Industrial Relations of the State of California for the locality
where the work is to be performed. A copy of said wage rates is on file at the
office of the City Engineer. The Contractor and any subcontractors shall pay
not less than said specified rates and shall post a copy of said wage rates at
the project site.
N-S FEDERAL WAM RATES: The general prevailing rate of wages by the
Secretary of Labor are included in the Contract. If there is any difference
between the State or Federal wages rates, the Contractor must pay the higher of
the 2 rates.
N-9 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent
of payments due under the Contract Documents from time to time, without
retention of any portion of the payment by the City, by depositing securities
of equivalent value with the City in accordance with the provisions of Section
22300 of the Public Contract Code.
N-10 FEDERAL NON-DISCRINIINATION PROVISION: Bidders shall comply with the
President's Executive Order No. 11246.
N-11 FEDERAL INTEREST EXCLUSION: Any contract or contracts awarded under this
Notice Inviting Bids are expected to be funded in part by a grant from the
United States Government. Neither the United States nor any of its
departments, agencies, or employees is or will be a party to thiss Notice
1hi
INDIAN AVENUE OVERHEAD SEISMIC RETROFIT ` 31,-eo / 'q g 9
CITY PROJECT NO.90-43 NOTICE INVITING BIDS
9!711999 PAGE 1
Inviting Bids or any resulting Agreement. This procurement will be subject to
regulations contained in 40 CFR Part 33 and 35.
N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may
be inspected without charge at the office of the City Engineer, 3200 East
Tahquitz Canyon Way, Palm Springs, CA 92262.
(b) Complete sets of said Contract Documents may be purchased at 25 dollars
per set and are obtainable from the office of the City Engineer, 3200 East
Tahquitz Canyon Way, Palm Springs, CA 92262. No refund will be made of any
charges for sets of Contract Documents.
(c) An additional fee of $15.00 will be charged for sets of documents sent
by mail.
N-13 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be
sealed and addressed to the City of Palm Springs, and shall be delivered or
mailed to the Procurement Manager at 3200 East Tahquitz Canyon Way, Palm
Springs, CA 92262. The envelope shall be plainly marked in the upper left hand
corner with the name and address of the Bidder and shall bear the words "Bid
For. ." followed by the title of the Project and the date and hour of opening
Bids. The certified or cashier's check or Bid Bond shall be enclosed in the
same envelope with the Bid.
BY ORDER OF THE CITY OF PALM SPRINGS
Date ()ti ne- /a 19 4 9 CITY OF PALM SPRINGS
By Y/� el -----
David J. Barakian, PE
City Engineer
City of Palm Springs
INDUW AVENUE OVERHEAD SEISMIC RETROFIT
CITY PROJECT NO.9543 NOTICE INVITING BIDS
6/7/1999 PAGE 2
4=
MINUTE ORDER NO. 4 +7
REJECTING THE APPARENT LOW BID FROM
COMMERCIAL DIVERSIFIED, INC., AS NON-
RESPONSIVE,AND AWARDING A CONTRACT TO 4-
CON ENGINEERING, INC., IN THE AMOUNT OF
$186,462.00,FOR THE INDIAN AVENUE OVERHEAD
SEISMIC RETROFIT, CITY PROJECT NO. 96-43.
I HEREBY CERTIFY that this Minute Order rejecting the apparent low bid from
CommercialDiversified,Inc.,as non-responsive,and awarding a contract to 4-Con
Engineering,Inc.,in the amount of$186,462.00,for the Indian Avenue Overhead
Seismic Retrofit, City Project No. 96-43, was adopted by the City Council of the
City of Palm Springs, California, in a meeting thereof held on the Ist day of
September, 1999.
PATRICIA A. SANDERS
City Clerk
a - b