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Cq<IFORN�p+ City Council Staff Report
DATE: March 2, 2016 CONSENT CALENDAR
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO M. BREY ELECTRIC, INC.,
A CALIFORNIA CORPORATION, IN THE AMOUNT OF $399,000 FOR
THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER
OUTDOOR PERFORMANCE STAGE AND OUTDOOR BALL FIELD
LIGHTING PROJECT, CITY PROJECT NO. 14-18
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY
Award of this contract will allow the City to proceed with construction of the James O.
Jessie Desert Highland Unity Center Outdoor Performance Stage and Outdoor Ball
Field Lighting Project, City Project No. 14-18, (the 'Project').
RECOMMENDATION:
1. Authorize an additional appropriation from Measure J Capital Project Fund reserve
in the amount of$170,000; and
2. Waive any informality (non-responsiveness), and award a construction contract
(Agreement No. ) to M. Brey Electric, Inc., a California corporation, in the
amount of $399,000 for the James O. Jessie Desert Highland Unity Center Outdoor
Performance Stage and Outdoor Ball Field Lighting Project, City Project No. 14-18;
3. Authorize the City Manager to approve and execute construction contract change
orders up to an additional amount of$40,000; and
4. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The City is the recipient of a Housing-Related Parks (HRP) Program grant from the
State of California, Department of Housing and Community Development (HCD) in the
amount of $266,575 for park and recreational improvements at the James O. Jessie
Desert Highland Unity Center. On November 5, 2014, the City Council executed an
agreement with the State of California for the HRP grant which is to award cities to
ITEM NO.Atty
City Council Staff Report
March 2, 2016--Page 2
Award Construction Contract for CP14-18
make park and recreational improvements in communities where affordable residential
units have been built, on a per-bedroom basis. The amount designated for the
proposed project was calculated on the Rosa Gardens Apartments total bedroom count.
The closest facility to Rosa Gardens is the James O. Jessie Desert Highland Unity
Center. The proposed improvements include a new outdoor performance stage with
ball field seating (funded with the HRP grant), as well as new outdoor ball field lighting
funded through the Measure J Capital Fund.
In early 2015, staff requested a proposal from its On-Call Architect, Interactive Design
Corporation ("IDC"), to provide preliminary architectural design services associated with
the Project. On June 8, 2015, the City Manager approved a Consulting Services
Agreement (A6697), in the amount of $14,900, with IDC for preliminary architectural
design services. On January 13, 2016, the City Council approved Amendment No. 1 in
the amount of $10,000 to IDC for the retention of various sub-consultants as well as
Amendment No. 2 in the amount of $21 ,000 for IDC to prepare construction documents.
A total revised contract amount of $45,900 with IDC has been authorized.
The scope of the Project includes construction of a raised outdoor performance stage
and installation of new outdoor ball field lighting. The location of the Project is shown in
Figure 1 below, and a vicinity map is included as Attachment 1.
RF
Figure 1
The construction drawings and specifications for the Project were prepared by IDC and
have been reviewed and approved by the City's Building Department.
As the Project consists of an outdoor performance stage and an outdoor ball field lighting
construction, staff separated the working into three separate Bid Schedules; the scope of
each Bid Schedule is provided here:
02
City Council Staff Report
March 2, 2016-- Page 3
Award Construction Contract for CP14-18
Bid Schedule "A" (Outdoor Performance Stage):
The Work comprises the construction of an outdoor performance stage, including:
clearing, grubbing and removals, construction of concrete improvements, construction
of CMU walls and retaining walls, installation of an underground electrical system,
irrigation system, landscaping, 90-day landscape maintenance, and all appurtenant
work
Bid Schedule "B" (Outdoor Ball Field Lighting):
The Work comprises the furnishing and installing of a complete outdoor ball field lighting
and electrical system, and including softball infield reorientation. The work consists of
drilling (auguring) into undisturbed subgrade with machinery appropriate for the type of
soils described in the Geotechnical Report and concrete backfill within drilled light pole
foundations for a typical light pole foundation installation.
Additive Bid Schedule "C" (Outdoor Ball Field Lighting):
The Additive Work compensates the Contractor for additional work to the extent that
drilling (auguring) into undisturbed subgrade for light pole foundations in Bid Schedule B
is prevented due to the existence of cobbles and/or boulders which refuse drilling by
machinery used by the Contractor appropriate for the type of soils described in the
Geotechnical Report.
On December 16, 2015, the City Council approved the plans, specifications and
estimate and authorized staff to advertise and solicit bids for the Project. Subsequently,
on February 11 , 2016, the Procurement and Contracting Division received five
construction bids from the following contractors:
Company Location Bid Amount
M. Brey Electric, Inc. Beaumont, CA $399,000.00
C.S. Legacy Construction, Inc. Pomona, CA $545,303.00
AToM Engineering Construction, Inc. Hemet, CA $546,398.00
Interlog HYM Engineering Anaheim, CA $654,149.20
Three Peaks Corporation Calimesa, CA $667,167.00
The basis of award was Bid Schedule "A" and Bid Schedule "B"; the Additive Bid
Schedule "C" was included in contract bid documents in the event additional work is
required from the Contractor to install the proposed light pole foundations. On that
basis, M. Brey Electric, Inc., a California corporation, submitted the lowest bid in the
amount of$399,000. A full bid summary is included as Attachment 2.
The lowest bid submitted from M. Brey Electric, Inc., includes the following costs for
each separate scope of work:
Bid Schedule "A" (Outdoor Performance Stage): $221,000
Bid Schedule "B" (Outdoor Ball Field Lighting): $178,000
Basis of Award: $399,000
03
City Council Staff Report
March 2, 2016 -- Page 4
Award Construction Contract for CP14-18
Bid Analysis
As part of the City's normal bid review process, staff reviewed all of the bid documents
submitted by the apparent low bidder, M. Brey Electric, Inc., to ensure compliance with
the Instructions to Bidders. After staff's review, staff determined that M. Brey Electric,
Inc., did not submit the revised Bid Schedule B that was required by Addendum No. 1;
however, M. Brey Electric had acknowledged Addendum No. 1, and confirmed the
softball infield reorientation was included in the bid amount of $178,000. Staff
requested and received from M. Brey Electric, Inc., a copy of the corrected Bid
Schedule B.
On all advertisements for bids, the City issues a disclosure under Section N-3 "Award of
Contract," in its Notice Inviting Bids declaring that:
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,
responsive bidder, and reject all other bids, as it may best serve the interest of the City.
As a California charter city, pursuant to relevant state and case law, the City Council
retains general authority to award contracts in the best interests of the City. On the
basis, staff recommends that the City Council waive any informality (non-
responsiveness) in the bid submitted by M. Brey Electric, Inc., and determine that M.
Brey Electric, Inc., of Beaumont, California, submitted the lowest responsive 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 M. Brey Electric, Inc., and the listed subcontractors, are registered with the DIR, and
are appropriately licensed.
M. Brey Electric, Inc., of Beaumont, California submitted the lowest responsive bid.
Staff reviewed the bid, references, and contractor's license, and found the Contractor to
be properly licensed and qualified. A construction contract with M. Brey Electric, Inc.,
for the Project 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. M. Brey Electric,
04
City Council Staff Report
March 2, 2016 -- Page 5
Award Construction Contract for CP14-18
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 local
business enterprises.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions
of CEQA. In response to that mandate, the Secretary for Resources identified classes
of projects that do not have a significant effect on the environment, and are declared to
be categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15303 "New Construction or Conversion of
Small Structures," Class 3 projects consist of construction and location of limited
numbers of new, small facilities or structures such as electrical, and other utility
extensions, as well as, accessory (appurtenant) structures, therefore, the James O.
Jessie Desert Highland Unity Center Outdoor Performance Stage and Outdoor Ball
Field Lighting Project, City Project. No. 14-18, is considered categorically exempt from
CEQA, and a Notice of Exemption has been prepared and will be filed with the
Riverside County Clerk. A copy of the Notice of Exemption is included as Attachment
4.
FISCAL IMPACT:
As part of the 2012/2013 fiscal year budget, the City Council appropriated $80,000 from
the Measure J Capital Fund for repairs/replacement of existing ballfield lighting at
Desert Highland Park. Subsequently, in 2014 the City was awarded the HRP Program
grant in the amount of$266,575; this funding was allocated to the Capital Projects Fund
(Fund 261) in Account No. 261-2492-51581.
On November 19, 2015, the Measure J Commission recommended that the City Council
approve an additional $225,000 appropriation from the Measure J Capital Project Fund
contingency reserve to accommodate replacement of all of the outdoor ballfield lighting
at Desert Highland Park. Staff recommends the City Council approve an additional
budget of $170,000 from the contingency reserve fund to be appropriated to the Project
in Account No. 260-4500-59401. On the basis that the City Council approves the
additional Measure J appropriation, the estimated Project budget and incurred
expenditures are identified in Table 1 on the next page.
05
City Council Staff Report
March 2, 2016-- Page 6
Award Construction Contract for CP14-18
Table of Project Costs Amount
HRP Program Grant $266,575
FY12/13 Measure J Fund $80,000
FY15/16 Measure J Fund Additional Budget) $170,000
Design Services ($45,900
Geotechnical Services $5,618
Project Administration (through 2/24/16 ($4,571
Project Administration (Estimated) $5,000
Construction Management $16,250
Construction Contract $399,000
Construction Contingency $40,000
Remaining Budget $236
Table 1
With the City Council's approval of the additional budget appropriation of $170,000 from
the Measure J Capital Improvement Fund contingency reserve, sufficient funding to
award the contract in the amount of $399,000 will be available in the following accounts:
• Account No. 260-4500-59401; $161,258
• Account No. 261-2492-51581; $237,742
SUBMITTED:
Mar ,�W�
cus L. Fuller, PA, P.E., .L.S. David H. Ready,
Assistant City Manager/City Engineer City Manager
Attachments:
1. Vicinity Map
2. Bid Summary
3. Construction Contract
4. Interwest Consulting Group Construction Management and Inspection Proposal
06
ATTACHMENT 1
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., Vicinity Map
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ATTACHMENT 2
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JAMES O JESSE DESERT HIGHLAND UNITY CENTER
OUTDOOR PERFORMANCE STAGE AND OUTDOOR BALL FIELD LIGHTING PROJECT
CRY PROJECT NO.den
BID SUMMARY BID OPENING:FEBRUARY 11,2016
DESCRIPTION M BREY ELECTRIC,INC. CS LEGACY CONSTRUCTION,INC. ATOM ENGINEERING CONSTRUCT...BIG. IMERLOG XYM ENGINEERING THREE PEANB CORP.
QUANTITY UNIT UNIT PRICE TOTAL UNRPRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
BID SCHEDULE A:
The¢cope of won:of Inia Lump Sum Be Setwoule wrappers the ornstmdnn of an oJMoor
pertarmance stage including clearing gnbbng and removals mnstmdam of concrete Impmsemants.
onstructon of CMU walls and retelning walls,Iwhallalnn of an undoMmund elagNcal novel "ope r
sy9em,landscaping,90-0eywr dscepe maintenance and all eppurlenentwork as kenlifed for the
JOJHghleMUnilyCanter Outdoor Performance Facildy,asdantAedon Drawing No.Meopllhru0, 1 L$ $221,00000 S221,1IW00 129<,10]Go $294,10300 $261 Goa GO $251,000.00 S4417so 20 $441,109.20 Beds 395.Jo Sme.39500
E1,E2 L-3,aM L-5 of Ine Conelmnion Orawinga,and all ntberapplicable General moles,detain,aM
coled Informat.n ahown on Ine 0mwiys. The Wor,shall include the constnlctnn of a win plot.
and functional oundoor performanw Sege as shown on the prevented Drawings and inspected in the
3pec.l Protisuns.
BID SCHEDULE B
The scope alwoM1 of this Lump Sum Bo Srhal mmpwe fcareca g antl aralltng a complete new
outdoor bell field Igro ng and electrical sWorn and'ncl W tng wXball Meld wonentalon forth¢J O J
HghleM Untfy Center New Outdoor Holder!1.91h,an denNBd en Drawing No.Sheet Ef,04 E2
E3,E4,and ES of Ine Ooncomed n Drawings,and e1101Mr applicable General Notes,details,and
sated infmma en shown on me Drawiya The Words spill include the antalhaon nI a wmpleb
.on opnalonanntann,beu rwla lgbtmg.nd eleclriral.,.in ere.1—on the referenced Dow., 1 LS $1]S,ond 00 $17e00000 $25120o o0 i2s1203 no i195.Jsa ao $2a43e3.on $211lo0 o0 $21240000 1 W Slid 112.Do
and as specred to m.So...I Pmvaons.Nob m..wpit of work.tore wrap sum Bd Schram¢
inches pony(aogunng)Into ItM$WNed wd9mdo whin recall ii re,hate far me tyye of sons
paper m In.Deposit. Repo and wnueb bellw'M'n added fight pale rounder!ns cwldence won the-Standard Drawing for TyplcelL'gm Pole FoundOrrlon—Or includedi.me
solids,
ADOITNE BID SCHEDULE C
niliel Dulling fah local fMGf In and OW.Ensionon,.nd Slurry...kill for Lgnl Pole B Es $10000 to Sb000o 00 El GO S32,02fM $55000e Sad OW 00 $580000 $33,800.00 $320000 $1.phe Do
Foundebn
BASIS OF AWARD:BID SCHEDULE A.B $390,000.00 SS45,30J.00 S548,398.00 Missiles.20 1 $047,107.00
1 2 3 4 5
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ATTACHMENT 3
11
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 M. Brev Electric. Inc.. a California corporation hereinafter designated as the
Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by
City, Contractor agrees to furnish all materials and perform all work required to complete
the Work as specified in the Contract Documents, and as generally indicated under the
Bid Schedule(s) for the Project entitled:
JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER
OUTDOOR PERFORMANCE STAGE AND
OUTDOOR BALL FIELD LIGHTING PROJECT
CITY PROJECT NO. 14-18
The work Comprises the Construction of an outdoor performance stage and related
improvements, installation of new outdoor ball field sports lighting and electrical system,
and all other appurtenant work at the James O. Jessie Desert Highland Unity Center
located at 480 W. Tramview Road.
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.
JAMES O.JESSIE DESERT HIGHLAND UNITY CENTER
OUTDOOR PERFORMANCE STAGE AND OUTDOOR BALL FIELD LIGHTING PROJECT AGREEMENT FORM
CITY PROJECT NO. 14-18 AGREEMENT AND BONDS-PAGE 1 1
DECEMBER 2015 JL
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 $399,000.
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 1 to 2, 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
JAMES O.JESSIE DESERT HIGHLAND UNITY CENTER
OUTDOOR PERFORMANCE STAGE AND OUTDOOR BALL FIELD LIGHTING PROJECT AGREEMENT FORM
CITY PROJECT NO. 14-18 AGREEMENT AND BONDS-PAGE 2 3
DECEMBER 2015
diem wages as determined by the Director of the Department of Industrial Relations of the
State of California.
ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the City Engineer as provided in the Contract Documents.
ARTICLE 7 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice
between the parties, it shall be deemed to have been validly given if delivered in person to
the individual or to a member of the firm or to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the Notice.
ARTICLE 8 -- INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the City, and all of its officers and
agents from any claims, demands, or causes of action, including related expenses,
attorney's fees, and costs, based on, arising out of, or in any way related to the Work
undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of
Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced
and made a part hereof.
ARTICLE 9 -- NON-DISCRIMINATION
The Contractor represents and agrees that it does not and will not discriminate against
any subcontractor, consultant, employee, or applicant for employment because of race,
religion, color, sex, or national origin in any matter including without limitation employment
upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, 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.
JAMES O.JESSIE DESERT HIGHLAND UNITY CENTER
OUTDOOR PERFORMANCE STAGE AND OUTDOOR BALL FIELD LIGHTING PROJECT AGREEMENT FORM
CITY PROJECT NO. 14-18 AGREEMENT AND BONDS-PAGE 3
DECEMBER2015 14
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.
SIGNATURES ON NEXT PAGE
JAMES 0.JESSIE DESERT HIGHLAND UNITY CENTER
OUTDOOR PERFORMANCE STAGE AND OUTDOOR BALL FIELD LIGHTING PROJECT AGREEMENT FORM �+
CITY PROJECT NO. 14-18 AGREEMENT AND BONDS-PAGE 4 a
DECEMBER 2015
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
James Thompson
City Clerk
APPROVED AS TO FORM:
By
Douglas Holland
City Attorney
RECOMMENDED:
By
Marcus L. Fuller, PE, PLS
Assistant City Manager/City Engineer
JAMES O.JESSIE DESERT HIGHLAND UNITY CENTER
OUTDOOR PERFORMANCE STAGE AND OUTDOOR BALL FIELD LIGHTING PROJECT AGREEMENT FORM
CITY PROJECT NO. 14-18 AGREEMENT AND BONDS-PAGE 5 16
DECEMBER 2015
CONTRACTOR
By: M. Brev Electric, Inc., a California corporation
Firm/Company Name
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of
that document.
(This Agreement must be signed in the above (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/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:
JAMES O.JESSIE DESERT HIGHLAND UNITY CENTER 17
OUTDOOR PERFORMANCE STAGE AND OUTDOOR BALL FIELD LIGHTING PROJECT PAYMENT BOND
CITY PROJECT NO, 14-18 AGREEMENT AND BONDS-PAGE 6
DECEMBER 2015
ATTACHMENT 4
18
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: James O, Jessie Desert Highland Unity Center Outdoor Performance Stage and Outdoor Ball Field Lighting.
ClIy Project No. 15-21
Project Applicant: CCU of Palm Springs
Project Location(Specific):James O.Jessie Desert Highland Unity Center is located at 480 W.Tramview Road.
Project Location (City): City of Palm Springs Project Location(County): Riverside
Project Description: The scope of work includes the construction of a raised outdoor performance stage, retaining walls,
concrete sidewalk, concrete access ramps (ADA compliant), concrete stairway with metal handrails, boulders, imported fill,
modification to landscaping, modification to electrical, reorientation of bail field, removal and installation of sport lighting
equipment including foundation and all other appurtenant work.
Name of Public Agency Approving Project: City of Palm Springs
Name of Person or Agency Carrying Our Project: City of Palm Springs, Public Works&Engineering Department
3200 E.Tahquitz Canyon Way, Palm Springs,CA 92262
Exempt Status: (check one)
❑ Ministerial(Sec. 21D80(b) (1); 15268);
❑ Declared Emergency(Sec. 21080(b)(3); 15269(a));
❑ Emergency Project(Sec.21080(b) (4); 15269(b)(c));
® Categorical Exemption. State type and section number: 16303 Class 3(d)&(a)—New Construction or
Conversion of Small Structures
❑ Statutory Exemptions.State code number.
Reasons why project is exempt: Class 3 consists of construction and location of limited numbers of new, small facilities or
structures. Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable
length to serve such construction. Additionally, accessory (appurtenant) structures including garages, carports, patios,
swimming pools, and fences. Therefore, the James O. Jessie Desert Highland Unity Center Outdoor Performance Stage and
Outdoor Ball Field Lighting, City Project No. 15-21, is considered categorically exempt from CEQA.
lead Agency Contact Person: Savat Khamohou.P.E. Area Coderrelephone/Extension: (760)323.8253x8744
If filed by applicant:
1.Attach certified docum of ex lion finding.
2.Has a Notica em n filed by the public agency approving the project? [I Yes [I No
Signature: Date: 11/15/15 Title: Asst. Director of Public Works/ st. City Engineer
®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.
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