HomeMy WebLinkAbout9/2/2009 - STAFF REPORTS - 2.Y. F'PALM S..
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Date: September 2, 2009 CONSENT CALENDAR
Subject: AWARD OF CONTRACT FOR THE GENE AUTRY TRAIL GATEWAY
LANDSCAPE IMPROVEMENT PROJECT, (CITY PROJECT 06-03),
FEDERAL AID PROJECT NO. ESPLE-5282 (027)
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The City is the recipient of $1,850,000 in federal economic stimulus funds, allocated
specifically for the federally funded Transportation Enhancement ("TE") Program, for the
Gene Autry Trail Gateway Landscape Improvement Project, City Project 06-03. This
project will construct new parkway and median landscaping on Gene Autry Trail,
between Vista Chino and Via Escuela, and a new a "Gateway" entry monument sign
and landscaped area at the southwest corner of Vista Chino and Gene Autry Trail (now
considered a "pocket park"). Award of this contract will allow staff to proceed with this
public project.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $1,226,233.75 for Bid Schedule
A, Bid Schedule B and Additive Bid Schedule C with Sierra Landscape
Company, for the Gene Autry Trail Gateway Landscape Improvement Project,
(City Project 06-03), Federal Aid Project No. ESPLE-5282(027); and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The City is the recipient of $1,850,000 in federal economic stimulus funds, allocated
specifically for the federally funded Transportation Enhancement ("TE") Program, for the
Gene Autry Trail Gateway Landscape Improvement Project, City Project 06-03. This
project will construct new parkway and median landscaping on Gene Autry Trail,
between Vista Chino and Via Escuela, and a new a "Gateway" entry monument sign
and landscaped area at the southwest corner of Vista Chino and Gene Autry Trail (now
considered a "pocket park").
ITEM NO. -2 "
City Council Staff Report
September 2, 2009- Page 2
Gene Autry Trail Gateway Landscape Improvement Project(CP06-03)
On July 1, 2009, the City Council approved the plans, specifications, and working
details, and authorized bidding of this project. On July 25 and August 1, 2009, the
project was advertised for bids, and at 2:00 P.M. on August 25, 2009, the Procurement
and Contracting Manager received construction bids from the following contractors:
1. Sierra Landscape Company; Palm Desert, CA: $1,225,233.75
2. Marina Landscape, Inc.; Anaheim, CA. $1,337,164.40
3. ESS Concrete, Inc.; Corona, CA: $1,398,000.72
4. ValleyCrest Landscape Development, Inc.; Cypress, CA: $1,431,391.00
5. Park West Landscape, Inc.; Rancho Santa Margarita, CA: $1,433,096.47
6. Land Forms Landscape Construction; Laguna Niguel, CA: $1,488,271.63
7. Rock Bottom, Inc.; Bakersfield, CA: $1,517,032.30
8. Mega Way Enterprises; Pomona, CA: $1,639,483,50
9. Desert Concepts Construction, Inc.; Palm Desert, CA: $1,672,833.49
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," is not applicable to this project as federal law prohibits the use of local
preference guidelines in awarding a construction contract funded with federal funds.
However, the prime contractor, Sierra Landscape Company, is a local business from
Palm Desert, and has listed the following sub-contractors in its Bid:
1. A. Flores Excavating & Grading; La Quinta, CA (also a certified DBE firm)
2. Archuleta Concrete Construction Co.; Bermuda Dunes, CA (also a certified DBE firm)
3. Brudvik Inc.; Palm Springs, CA
4. Dateland Construction; Indio, CA
5. Land Survey and Planning Consultants; Desert Hot Springs, CA
The Engineer's Estimate was $1,550,000. The low bid was submitted by Sierra
Landscape Company, a California corporation, and its principal officers are George L.
Gonzalez, President/Treasurer and Theresa L. Gonzalez, Vice-President/Secretary..
FISCAL IMPACT:
100% of the construction costs for this project are funded by the federal grant. Funding
for this project is available in the federal grant account 261-4491-50277 (Fed Stim
Park/Autry/Vista). On-going maintenance costs of the new landscaping will require
future amendment of the City's landscape maintenance contract with Merchants
Landscape Services, Inc. (Agreement No. 5300) estimated at $25,000 annually,
however, the costs are currently being negotiated and a formal contract amendment will
be brought to Council for approval prior to completion of construction of this project
(which includes a 90-day plant establishment/maintenance period).
City Council Staff Report
September 2, 2009- Page 3
Gene Autry Trail Gateway Landscape Improvement Project(CP06-03)
Submitted:
David J. Barakian Thomas J. Wi1- n
Director of Public Works/City Engineer Assistant City Manager
David H. Ready
City Manager
Attachments:
1. Agreement
AGREEMENT
THIS AGREEMENT made this day of 2009, 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 Sierra Landscape Company. 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
The Contractor shall complete the Work as specified or indicated under the Bid
Schedule(s) of the City's Contract Documents entitled-
GENE AUTRY TRAIL GATEWAY LANDSCAPE IMPROVEMENT PROJECT
CITY PROJECT NO. 06-03; FEDERAL AID PROJECT ESPLE-5282(027)
The Work comprises the installation of new median and parkway irrigation, landscaping
and lighting improvements within Gene Autry Trail from Vista Chino to Via Esculea; and
construction of a new park and recreation area located at the southwest corner of Gene
Autry Trail and Vista Chino, including, but not limited to: clearing, grubbing and
miscellaneous removals; grading and earthwork; construction of drainage improvements
and facilities; construction of decorative Portland cement concrete improvements;
construction of decorative and ornamental monument signage complete with reinforced
concrete footings; installation of new irrigation, landscaping and lighting improvements;
and all appurtenant work.
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 of $3,375 for each
calendar day that expires after the time specified in Article 2, herein. In executing the
Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard
Specifications, as modified herein, related to liquidated damages, and has made itself
GENE AUTRY TRAIL GATEWAY LANDSCAPE PROJECT AGREEtrENT FORM
CITY PROJECT NO 06-03 AGREEMENT AND BONDS-PAGE 1
7114/09
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.
ARTICLE 3 -- CONTRACT PRICE
Bid Schedules A, B and Additive Bid Schedule C: $1,225,233.75
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
and Bid Schedule(s).
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, Federal Labor Standards Provisions, Federal Rates of
Prevailing Wages, Federal Requirements for Federal-Aid Construction Projects (Form
FHWA 1273), the accepted Bid and Bid Schedule(s), List of Subcontractors, Non
collusion Affidavit, Equal Employment Opportunity Certification, Debarment and
Suspension Certification, Non-Lobbying Certification for Federal-Aid Contracts,
Disclosure of Lobbying Activities, Bid Security or Bid Bond, Bidder's General Information,
Exhibit 15G1 Local Agency Bidder UDBE Commitment, Exhibit 15G2 Local Agency
Bidder DBE Information, Exhibit 15H UDBE Information — Good Faith Efforts, Public
Contract Code Section 10285.1 Statement, Public Contract Code Section 10162
Questionnaire, Public Contract Code Section 10232 Statement, this Agreement, Worker's
Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications,
Special Provisions, the Drawings, Addenda numbers No. 1 to No. 4 , inclusive, and all
Change Orders and Work Change Directives which may be delivered or issued after the
Effective Date of the Agreement and are not attached hereto.
ARTICLE 5 -- 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 Engineer or the City as provided in the Contract Documents.
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 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 7 -- 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
GENE AUTRY TRAIL GATEWAY LANDSCAPE PROJECT AGREEMENT FORM
CITY PROJECT NO.06.03 AGREEMENT AND BONDS-PAGE 2
7/14/09
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.
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
ATTEST: APPROVED BY THE CITY COUNCIL:
CITY OF PALM SPRINGS,
CALIFORNIA
Date
By
City Clerk Agreement No.
APPROVED AS TO FORM:
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
GENE AUTRY TRAIL GATEWAY LANDSCAPE PROJECT AGREEMENT FORM t�
CITY PROJECT NO 06-03 AGREEMENT AND BONDS-PAGE 3
7nai09
Corporations require two notarized signatures: One signature must be from Chairman of Board. President, or any
Vice President The second signature must be From the Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer.
CONTRACTOR: Name: Sierra Landscape Company Check one —Individual_Partnership X Corporation
Address: 73-771 Dinah Shore Dr., Suite 200
Palm Desert, CA 92211
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
(This Agreement must be signed in the above This Agreement must be signed in the above
space by one of the following: Chairman of the space by one of the following: Secretary, Chief
Board, President or any Vice President) Financial Officer or any Assistant Treasurer)
State of 1. State of
County of I Iss County of ❑ss
On On
before me, before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) evidence to be the person(s) whose name($)
is/are subscribed to the within instrument and is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the of which the person(s) acted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph is true and correct. paragraph is true and correct
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal
GENE AUTRY TRAIL GATEWAY LANDSCAPE PROJECT AGREEMENT FORM
CITY PROJECT NO.06.03 AGREEMENT AND BONDS-PAGE 4 �
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