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HomeMy WebLinkAbout2/15/2017 - STAFF REPORTS - 1.H. PALM SA A. E Q� y a V N R 9� ' �OroeAno` Cg41FOIL City Council Staff Report DATE: February 15, 2017 CONSENT CALENDAR SUBJECT: AWARD A CONSTRUCTION CONTRACT TO RUIZ CONCRETE & PAVING, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $122,452.80 FOR THE ADA CURB RAMPS PROJECT, CITY PROJECT NO. 16-09 FROM: David H. Ready, City Manager BY: Engineering Services Department SUMMARY Award of this contract will allow the City to proceed with construction of curb ramp improvements, identified as City Project 16-09, to meet Americans with Disabilities Act standards. RECOMMENDATION: 1. Award a construction contract (Agreement No. ) to Ruiz Concrete & Paving, Inc., a California corporation, in the amount of $122,452.80 for the ADA Curb Ramps Project, City Project No. 16-09; and 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The proposed ADA curb ramp work includes, but is not limited to, the reconstruction of existing curb ramps, upgrade nonconforming curb ramps, and all other appurtenant work at the locations shown below in Figure 1 and on the Vicinity Map and list of locations provided as Attachment 1. W ___ RAW $PRWGS -.-_.___-.__.._IRK OWaAS OOL c LBRARr HIGH SCH RIV IV CT LTY -- U LWK HW RAMON ROAD RAMON ROAD ❑ OP 4PROOP ❑ ❑❑❑❑ ❑m� LL��o- � i .2 a zg .r � s 3 S a r a � wtl6 < a s ��i� oo~s � u $ � � O ii SUNNY DINES ROAD FIGURE 1 0 EiRs RAMP RE-DNSTRLCTION O JRE RAMP v0➢IFIC4TIUN (INSTALLATION OF TRJNCATEL ➢OMES) ITEM NO. I. 4' >,��pAEM SAf �2 c V N ro 'O c44 'F09t Cif Council Staff Report DATE: February 15, 2017 CONSENT CALENDAR SUBJECT: AWARD A CONSTRUCTION CONTRACT TO RUIZ CONCRETE & PAVING, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $122,452.80 FOR THE ADA CURB RAMPS PROJECT, CITY PROJECT NO. 16-09 FROM: David H. Ready, City Manager BY: Engineering Services Department SUMMARY Award of this contract will allow the City to proceed with construction of curb ramp improvements, identified as City Project 16-09, to meet Americans with Disabilities Act standards. RECOMMENDATION: 1. Award a construction contract (Agreement No. ) to Ruiz Concrete & Paving, Inc., a California corporation, in the amount of $122,452.80 for the ADA Curb Ramps Project, City Project No. 16-09; and 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The proposed ADA curb ramp work includes, but is not limited to, the reconstruction of existing curb ramps, upgrade nonconforming curb ramps, and all other appurtenant work at the locations shown below in Figure 1 and on the Vicinity Map and list of locations provided as Attachment 1. < O PAW SPRINGS AAA P PIX. C LJ -OJ^lA5 J Ou LBRARY HIGN SCHOOL COURTHOUSE RAMON ROA] RAMON ROAD Olo a a Vff@ `ss1}� o 25 'a ! z '" < 3 w m uuU a�swLi oos `: d < o: Yyi „ suMnr wNes ROAD V z d o FIGURE 1 ❑ CURB RAMP RECONSTRUCTION O CURB RAMP MODIFICATION (INSTALLATION OF TRUNCATED DOMES) ITEM NO. I* N' City Council Staff Report February 15, 2017-- Page 2 Award CP16-09, ADA Curb Ramps Project In selecting the locations of curb ramps to be improved, staff used the following criteria: 1. Areas of potentially significant use: Along Ramon Road, there are businesses and public facilities where pedestrians are likely to access. 2. Areas within public right of way: Curb ramps that do not require easement agreements and are not within private property were prioritized. 3. Areas adjacent to recent curb ramp improvements: Major reconstruction of curb ramps were recently completed along Ramon Road between Sunrise and El Cielo as part of the Ramon Road Rehabilitation, City Project 14-02, leaving improvement opportunities to the west and east of the corridor. 4. Areas where the project would complement funding opportunities: The City has submitted an application for a Community Development Block Grant (CDBG) for additional curb ramp improvements. With award of this project, the Engineering Services Department is demonstrating its commitment to improving the south side of Ramon Road between Indian Canyon Drive and Sunrise Way where the grant is requesting funds for the north side of Ramon Road identified as qualifying moderate to low income area. On December 7, 2016, the City Council approved the project plans and specifications, and authorized staff to advertise and solicit bids for the Project. On December 17 and 24, 2016 staff advertised the project in the Desert Sun, submitted the Notice Inviting Bids to plan rooms, and provided the bid documents available free of charge to prospective bidders. Subsequently, on January 24, 2017, at 3:00 p.m., the Procurement and Contracting Division received ten construction bids from the following contractors listed in Table 1: Company Location Bid Amount Ruiz Concrete & Paving, Inc. Long Beach, CA $122,452.80 CT&T Concrete Paving, Inc. Diamond Bar, CA $129,983.00 Tri-Star Contracting II, Inc. Desert Hot Springs, CA $142,399.00 Westcon Construction Group Indio, CA $145,660.00 Hardy and Harper, Inc. Santa Ana, CA $166,000.00 Matich Corporation San Bernardino, CA $177,000.00 Calpromax Engineering, Inc. Placentia, CA $197,560.00 STL Landscape, Inc. Los Angeles, CA $198,000.00 ND Construction Company. Anaheim, CA $212,548.00 EBS General Engineering, Inc. I Corona, CA $224,000.00 Table 1 The engineer's estimate for the project as reported to City Council on December 7, 2016, was $102,000. A bid analysis revealed that the average cost for the removal and reconstruction of curb ramps increased overall as compared to last year's bids received 02 City Council Staff Report February 15, 2017-- Page 3 Award CP16-09, ADA Curb Ramps Project for a similar project (Citywide ADA Curb Ramp improvements, CP 15-18). This explains the increase in bid results from the engineer's estimate. A full bid summary is included as Attachment 2. Bid Analysis As part of the City's bid review process, staff reviewed all bid documents submitted by the apparent low bidder, and have determined that Ruiz Concrete & Paving Inc., a California corporation, is in compliance with the Instructions to Bidders. Therefore, staff recommends that the City Council approve the bid submitted by Ruiz Concrete & Paving Inc., and determine that Ruiz Concrete & Paving Inc., of Long Beach, California, submitted the lowest responsive and responsible bid. 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 projects 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 Ruiz Concrete and Paving, Inc., is registered with the DIR, and is appropriately licensed. Ruiz Concrete & Paving, Inc., of Long Beach, California, submitted the lowest responsive bid; staff reviewed the bid and contractor's license, and found the Contractor to be properly licensed and qualified. A construction contract with Ruiz Concrete & Paving, Inc. 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 business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. Ruiz Concrete & Paving, Inc. is not considered a local business, however, demonstrated sufficient evidence of good faith efforts to sub-contract the supply of materials and equipment to a local business enterprise, Cal Portland, in the city of Thousand Palms. 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 03 City Council Staff Report February 15, 2017 -- Page 4 Award CP16-09, ADA Curb Ramps Project 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 (c) projects consisting of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities which include curb ramps are considered exempt because the project involves negligible or no expansion of an existing use; therefore, the ADA Curb Ramps Project, City Project No. 16-09, is considered categorically exempt from CEQA, and a Notice of Exemption has been prepared and filed with the Riverside County Clerk. A copy of the Notice of Exemption is included as Attachment 4. FISCAL IMPACT: Funding was previously budgeted and appropriated in the Special Gas Tax Fund (Fund 133) for ADA Ramp Repair. Table 2 summarizes the available budget and expenditures. Table of Project Costs Amount Gas Tax 133 —ADA Curb Ramp Repair $275,800 Project Administration (through 2/1/2017 $6,639 Project Administration Estimated 3,000 Construction Inspection Estimated $6,000 Construction Contract $122,453 Contingency 10% $12,245 Remaining Balance $125,463 Table 2 Sufficient funds are available in account number 133-4298-50251 to award a construction contract to Ruiz Concrete & Paving, Inc. in the amount of $122,452.80. 04 City Council Staff Report February 15, 2017 -- Page 5 Award CP16-09, ADA Curb Ramps Project SUBMITTED: Prepared by: Approved by: 11bWAA A A.4�� M9 rcus L. Fu ler, M PJk, P.E., P.L.S. David H. Ready, Esq., Assistant City Manager/City Engineer City Manager Attachments: 1. Vicinity Map and List of Curb Ramps 2. Bid Summary 3. Construction Contract 4. CEQA - NOE 05 ATTACHMENT 1 06 oa OF PALM S ALEJO ROAD </1 3 � A W w 0= Ln 1 1 = ? ¢m Ix 4 A A AMADO ROAD '04 CITY HALL O O 00 CON LATER z z Z § PAL SPRINGS O�9 < < S o Q: INTERNATIONAL AIRPORT C P U u �' TAHOUITZ CANYON WAY U q� I FORN� J U JI W Q U D d U TENNIS NOT TO SCALE V � CENTER BARISTO ROAD < Q AAA P. SP. PALM SPRINGS PODC O LIBRARY HIGH SCHOOL RRIIV. WSEKIRK OOUCLASRAMON ROAD RAMON ROAD❑ ❑NQa R G' < O O y�j IC K H LL i_ O_ < W, 3 K 5 O 3 S < O U N Qjuu fN m 4 Z H Z S 6. J tly W Q H 2 2 aW Q O Q m �' 5 o U a N z_ w o �_ W < a �d �S" W € w S U W SUNNY DUNES ROAD a w w_ N r > ¢ < U U p MESQUITE AVE. ,,Jj MI SQUITE AVE. 0 ci DEMUTH It PARK PUBLIC TENNIS COURTS ISONORA ROAD PALM SPRINGS 'OLD" GOLF � COURSE EAST PALM CANYON DRIVE PALM SPRINGS GOLF CLUB HOUSE Q) VICINITY MAP fAs ON CITY OF PALM SPRINGS, CALIFORNIA T PAc cApy D%r o� ADA CURB RAMPS, CITY PROJECT NO. 16-09 111 O CURB RAMP RECONSTRUCTION 0 CURB RAMP MODIFICATION (INSTALLATION OF TRUNCATED DOMES) ADA Ramps on Ramon Road from Belardo Road to Sunrise Way. Corner Ramp Loction-Street Intersection Type of Ramp Construction 'Truncated Domes Only S/E _ I Ramon& Belardo A-Std. 212 N/E Ramon& Belardo B-Std. 213 NAN Ramon& North Palm Cyn. B_-Std. 213 N/E Ramon&North Palm Cyn. A-Std. 212 S/W Ramon& North Palm Cyn. _ A-Std.212 _ S/E Ramon&North Palm Cyn. A-Std. 212 SAW Ramon&Calle Ajo B-Std. 213 SNV '.Ramon&Calle Encilia A-Std. 212 S/E Ramon&Calle Encilia B-Std. 213 SAW Ramon&Abronia B-Std.213 _ S/W Ramon&Palo Fierro _ C-Std. 214 S/E Ramon&Palo Fierro C-Std. 214 S/E Ramon&Camino Real C-Std. 214 _ SAW Ramon&Grenfall _ A-Std. 212 _ S/E Ramon&Grenfall B-Std. 213 S/W Entrance to Ramona Villas C-Std. 214 S/E Entrance to Ramona Villas A-Std.212 S/W _ Ramon&Thornhill B-Std. 213 S/E Ramon&Thornhill B-Std. 213 S/W Ramon Entrance to Trailer Park-1441 Ramon C-Std. 214 S/E Ramon Entrance to Trailer Park-1441 Ramon C-Std. 214 SAW Ramon Entrance to Sunrise Plaza C-Std.214 S/E Ramon Entrance to Sunrise Plaza C-Std. 214 SUBTOTAL 1 Tiles: 35 SF O 00 ADA Ramps on Ramon Road from El Cielo Road to Williams Road Corner Ramp Location -Street Intersection Type of Ramp Construction I Tr. Domes Only NNV _ Ramon&Entrance to El Cielo Center A-Std.212 N/E Ramon& Entrance to El Cielo Center A-Std. 212 F N Ramon&Desert Wiew B-Std. 213 E Ramon& Desert Wew B-Std.213 M/ Ramon& Highland B-Std. 213/E Ramon&Highland B-Std. 213 W Ramon& Desert Way B-Std. 213 / Ramon&Desert Way B-Std213 W Ramon&Mountain View B-Std. 213 S/E Ramon&Mountain View B-Std. 213 _ SAW !Ramon&El Placer B-Std.213 S/E 'Ramon& El Placer A-Std.212 S/W Ramon&Paseo Dorotea B-Std. 213 _ - S/E Ramon& Paseo Dorotea A-Std.212 SNV Ramon&Cal le Santa Cruz _ A-Std. 212 S/E Ramon&Calle Santa Cruz B-Std. 213 S/W Ramon&Vella Rd. B-Std. 213 S/E Ramon&Vella Rd. A-Std. 212 NN4 Ramon&Kirk Douglas A-Std. 212 _ N/E Ramon&Kirk Douglas A-Std. 212 _ Sm Ramon&Oleander Rd. B-Std.213 S/E Ramon&Oleander Rd. B-Std. 213 SAN Ramon&Williams Rd. B-Std. 213 _ S/E Ramon&W lliams Rd. B-Std. 213 SUBTOTAL 2 Tiles: 24 SF O CD ATTACHMENT 2 10 ADA CURB RAMPS, CP.16-09 BID SUMMARY Bid Opening:January 24.2017 RUIZ CONCRETE& CT&T CONCRETE TRI-STAR BID SCHEDULE OUANT. UNIT PAVING,INC. PAVING,INC. CONTRACTING II,INC. Item No. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR. AMOUNT UNIT PR. I AMOUNT 1 Mobilization 1 LS $4,500.00 $4,500.00 $7.500.00 $7,500.00 $7,135.00 $7.135.00 2 Temporary Traffic Control 1 LS $7,997.00 $7,997.00 $4,000.00 $4,000.00 $7,970.00 $7,970.00 Remove and Reconstruct Existing Curb 3 Ramps(Type A,Type B,or Type C),Including 120 CY $793.55 $95.226.00 $816.00 $97.920.00 $832.00 $99,840.00 Truncated Domes 4 Modify Existing Curb Ramp (Fumish an 60 SF $45.83 $2,749.80 $71.00 $4,260.00 $160.00 $9,600.00 Install Truncated Domes) 5 Asphalt Concrete Type C2 11 $180 $573.00 $6,303.00 $714.00 $7,8540 e Field Orders 1 ON 0,000.00 $D,0000 $10,000.001 $10,000.001 $10,000.00 $10,000.00 TOTAL= $122,452.80 TOTAL= $129,983.00 TOTAL= $142,399.00 1 2 3 BID SCHEDULE WESTCON HARDY AND HARPER, MATCH CORPORATION OUANT. UNIT CONSTRUCTION GR. INC. Item No. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR. AMOUNT UNIT PR. AMOUNT 1 Mobilization 1 LS $13,000.00 $13,000.00 $4,000.00 $4,000.00 $38,000.00 $38,000.00 2 Temporary Traffic Control 1 LS $14,500.00 $14,500.00 $39,000.00 $39,000.00 $14,700.00 $14,700.00 Remove and Reconstruct Existing Curb 3 Ramps(Type A,Type B,or Type C),Including 120 CY $850.00 $102,000.00 $800.00 $96,000.00 $835.00 $100,200.00 Truncated Domes 4 Modify Existing Curb Ramp (Furnish and 60 SF $66.00 $3.960.00 $100.00 $6,000.00 $125.00 $7,500.00 Install Truncated Domes) 5 As halt Concrete Type C2 11 TON $200.00 $2,200.00 $1,000.00 $11,000.00 $600.00 $6,600.00 6 Field Orders 1 LS $10,000.00 $10,000.00 $10,000.00 $10,000.00 $1D 000.00 $10,000.00 TOTAL= $145,660.00 TOTAL= $166,000.00 TOTAL= $177,000.00 4 5 6 BID SCHEDULE CALPROMAX STL LANDSCAPE,INC. NO CONSTRUCTION EBS GENERAL QUANT. UNIT ENGINEERING,INC. COMPANY ENGINEERING,INC. Item No. ITEM DESCRIPTION UNIT PR. AMOUNT UNIT PR. AMOUNT UNIT PR. AMOUNT UNIT PR. AMOUNT 1 Mobilization 1 LS $6,000.00 $6,000.00 $10,000.00 $10,000.00 $10,769.00 $10,769.00 $9,950.00 $9.950.00 2 Temporary Traffic Control 1 LS $3,600.00 $3 600.00 $18,900.00 $18,900.00 $6,414.00 $6,414.00 $10,000.00 $10,000.00 Remove and Reconstruct Existing Curb 3 Ramps(Type A,Type B,or Type C),Including 120 CY $1,400.00 $168,000.00 $1,250.00 $150,000.00 $1,407.00 $168,840.00 $1,500.00 $180,000.00 Truncated Domes 4 Modify Existing Curb Ramp (Furnish and 60 SF $76.00 $4,880.00 $60.00 $3.600.00 $115.00 $6,900.00 $170.00 $10,200.00 Install Truncated Domes) 5 Asphalt Concrete T C2 11 70N $480.00 $5,280.00 $500.00 $5.500.00 $875.00 $9,625.00 $350.00 $3,850.00 6 Field Orders 00.001 $10,000,00 $10,000.00 $10000.00 $10,000.00 $10,000.00 $10000.00 $10,000.00 hr+ TOTAL= $197,560.00 TOTAL= $198,000.00 TOTAL= $212,548.00 TOTAL= $224,000.00 7 8 9 10 ATTACHMENT 3 z AGREEMENT (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 Ruiz Concrete & Paving, 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 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: ADA CURB RAMPS CITY PROJECT NO. 16-09 The Work comprises reconstruction of existing curb ramps and upgrade of nonconforming curb ramps at the locations listed in the Appendix. 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 damages, 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. 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 $122,452.80. ADA CURB RAMPS CITY PROJECT NO. 16-09 BIDDER'S GENERAL INFORMATION DATE:DECEMBER 2016 BID FORMS-PAGE 1 13 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, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers None to None, inclusive, and all Construction Contract 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 -- 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 ADA CURB RAMPS CITY PROJECT NO. 16-09 AGREEMENT FORM DATE: DECEMBER 2016 AGREEMENT AND BONDS-PAGE 2 14 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 1770, 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 race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition. Such actions shall include, but not be 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. 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 ADA CURB RAMPS CITY PROJECT NO. 16-09 AGREEMENT FORM DATE: DECEMBER 2016 AGREEMENT AND BONDS-PAGE 3 15 representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. SIGNATURES ON NEXT PAGE ADA CURB RAMPS CITY PROJECT NO. 16-09 AGREEMENT FORM DATE: DECEMBER 2016 AGREEMENT AND BONDS-PAGE 4 16 IN 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, APPROVED BY THE CITY COUNCIL: CALIFORNIA Date By David H. Ready City Manager Agreement No. ATTEST: By Kathleen D. Hart, MMC Interim City Clerk APPROVED AS TO FORM: By Douglas Holland City Attorney RECOMMENDED: By Marcus L. Fuller, PE, PLS Assistant City Manager/City Engineer ADA CURB RAMPS CITY PROJECT NO. 16-09 AGREEMENT FORM DATE:DECEMBER 2016 AGREEMENT AND BONDS-PAGE 6 17 CONTRACTOR By: Firm/Company Name 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 having authority to bind the space by one having authority to bind the Contractor to the terms of the Agreement.) Contractor to the terms of the Agreement.) State of ) State of ) County of )ss 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(s) 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/herttheir 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: ADA CURB RAMPS PAYMENT BOND 18 CITY PROJECT NO. 16-09 DATE: DECEMBER 2016 AGREEMENT AND BONDS-PAGE 6 ATTACHMENT 4 19 NOTICE OF EXEMPTION To: ❑ Office of Planning and Research From: City of Palm Springs 1400 Tenth Street,Room 121 3200 E.Tahquitz Canyon Way Sacramento,CA 95814 Palm Springs, CA 92262 ® Clerk of the Board County of Riverside P.O. Box 751 Riverside,CA 92502.0751 Project Title: ADA Curb Ramos City Protect No. 16-09 Project Applicant: M of Palm Sorincs Project Location(Specific): Existing Curb Ramps on Ramon Road. Project Location(City): City of Palm Sorinas Project Location(County): Riversioe Project Description: Curb ramp improvements that include reconstruction and/or upgrade of existing curb ramps to meet current ADA standards, Name of Public Agency Approving Project, City of Palm Springs Name of Person or Agency Carrying Our Project:City of Palm Springs, Engineering Services Department 3200 E.Tahqultz Canyon Way, Palm Springs, CA 92262 Exempt Status: (check one) ❑ Ministerial(See. 21080(b)(1); 15288); ❑ Declared Emergency(See.21080(b)(3); 15269(a)); ❑ Emergency Project(See.21080(b)(4); 15269(b)(c)); ® Categorical Exemption. State type and section number: 15301 Class 1(b)—Existing Facilities ❑ Statutory Exemptions. State code number: Reasons why project Is exempt: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alternation of existing public or private 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 detemdnation. The type of"existing facilities"to be considered exempt is determined by whether the project involves negligible or no expansion of an existing use, and includes existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. Therefore, the ADA Curb Ramps project, City Project No. 18-09, Is considered categorically exempt from CEOA for the locations identified on the attached lists. Lead Agency Contact Person: Marcus L. Fuller, PE. PLS Area Codefrelephone/Extension: f7601 322-8380 If flied by applicant: 1.Attach certified document of exempton finding. 2.Has a Notice of Exemption bees filed by the public agency approving the project?❑Yes ❑ No Signature: M�/i Tite: Ass City Man rer/City Enoineer J®Signed by Lead Agency❑Signed by Applicant Authority cited: Sections 21083 and 21110.Public Resources Code Date received for filing at OPR: Reference: Sections 21108,21152,and 21152.1, Public Resources Code. 20 PALM S A1EJO ROAD O O A W K n A ZAZ AMADO ROAD V! LL CITY HALL N \ ~ C7 O O O CDNKNTION I \ U U1 r > CENTER N PA SPRINGS zd b INTERNATIONAL AIRPORT U U TANOUIrz CANYON WAY o �— 9O FORN� x Q Ww U a = O 7 U TENas NOT TO SCALE -• W < � CENTERDANrsrD ROAD a O AAA PAW $PRR1C5 P aLIBRARY wa swoa rNv. cTr WRN DDucus < 1 C OUSE rc V R¢¢AMON R-OIAD RAMOyWNJ ROAD RTM y j pp p < N 3 m u�W7is � � � ei __ w o _ : � '< d z SUNNY SUNNY DUNES ROADS I�i < "i LL NEswTE AYE. W DEWl1H N AVE SOwIE = PARK PUSUC TENNIS COURTS U SONORA ROAD COURSE GOLF a ,1( R5E u EAST PAW CANYON DwVE PALM SPRINGS GOLF CLUBLUBMOM J01 VICINITY MAP P'IW 113 4 0� CITY OF PALM SPRINGS, CALIFORNIA c4AI DRIVE Y ADA CURB RAMPS, CITY PROJECT NO. 16-09 111 O CURB RAMP RECONSTRUCTION O CURB RAMP MODIFICATION (INSTALLATION OF TRUNCATED DOMES) N ADA CURB RAMPS LIST 1. + - CP. 16-09 + ,ADA Ramps on Ramon Road from Belardo Road to Sunrise Way. Comer Ramp Loction-Street intersection I Type of Ramp Construction Truncated Dames orgy SIE Ramon&Belardo A-Sid.212 _ NIE IRamon&Belardo B-Sid.213 _ NNV -[Ramon&Norih Palm Cyn. B-Sid.213 _ NIE Ramon&North Palm Cyn. A-Sid.212 SNV Ramon&North Palm Can. _ , _ A-Std.212 r _ SIE IRamon-&-North Palm Cyn. A-Std.212 SNV I Ramon&Calls A o B-Sid.213 SNV iRamon&Calle Encilia ,-. A-SW.212 SIE TRamon&Calle Encilla B-Sid.213 SNV !Ramon&Abronia B-Sid.213 SNV Ramon&Palo Fierro ._ C-S.W.214 i S!E Ramon&Palo Pietro C-Std.214 SIE Ramon 8 Camino Real C-Std.214 _ SNV !Ramon&Grenfall A-Std.212 SIE ]Ramon&Grenfall B--Sid.213 _ S1W _iEntrance to Ramona Villas C-Sid. 214 SIE I Entrance to Ramona Villas A-Sid.212 SNV Ramon&Thornhill + B-Sid.213 i __. ! ._mo ho - -. B-Sid.213 SIE ;Ramon&Thornhill SNV I Remora Entrance to Trailer Park-1441 Ramon C-Std.214 WE Ramon Entrance to Trailer Park-1441 Ramon C-Sid.214 S!W Ramon Entrance to Sunrise Plaza ______ C-Sid.214 SIE Tkarnon Entrance to Sunrise Plaza C-Sid.214 SUBTOTAL 1 j Tiles:35 SF N N ADA CURB RAMPS UST 2. _ CP. 16-o9 ADA Ramps on Ramon Road from El Cielo Road to Williams Road Comer I Ramp Location-Street Intersection I Type of Ramp Construction Tr.Dames Only tJlV4 Ramon 8 Entrance to El Ctab Gaiter A-SM.212 ,. NIE Ramon&Entrance to El Cielo Center A-Sid.212 Sm (Ramon&Desert New B-Sid-213 SM I Ramon&Desert Wiew B-SM-213 SNV Ramon 8-Highland B-SM 213 i S/E Ramon&Highland B-SM.213 SNV Ramon&Desert Way B-Sid.213 r - .SIE Ramon&Desert Way B-SM.213 SAN Ramon&Mountain View,. ._ - B-SM.213 ,_y SIE I Ramon&Mountain View B-Ski.213 _ Sw !Ramon&El Placer B.Sid.213 S/E Ramon&El Placer --- - �-- _ A-Sid.212 SAN !Ramon&Paseo Dorotea B-Sid.213 SIE TRsmon&Paseo Dorotea A-Sid.212 SNV Ramon&Calls Santa Cruz A-Sid.212 i SIE Ramon&Calls Santa Cruz B-Std.213 SNV .Ramon&Vella Rd. _ . B-SM.213 SIE Ramon&Vella Rd. A-Sid.212 N/IN Remora&Kirk Douglas A-Sid.212 hVE Ramon&Kirk Dou las A-Sid-212 _ _SAN _._ (Ramon&Oleander Rd. _. t 8-Sid.213 _ S/E Ramon&Oleander Rd. B-Sid.213 SAN (Ramon&Williams Rd. B-Sid.213 + SIE Ramon&Williams Rd. - B-Sid.213 SUBTOTAL 2 Tiles:24 SF TOTALT Tiles:58 SF irl