HomeMy WebLinkAbout9/3/2014 - STAFF REPORTS - 2.J. A LM Sp9
�Z
V N
' 11F it � City Council Staff Report
Date: September 3, 2014 CONSENT CALENDAR
Subject: AWARD OF CONSTRUCTION CONTRACT FOR THE FARRELL DRIVE
RIGHT TURN LANE AT VISTA CHINO (HWY 111) PROJECT, FEDERAL
PROJECT NO. CML 5282 (037), CITY PROJECT NO. 09-11
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Award of this contract will allow staff to proceed with construction of this federally
funded capital improvement project.
RECOMMENDATION:
1. Approve Agreement No. in the amount of $326,613.00 with Hillcrest
Contracting, Inc, for the Farrell Drive Right Turn Lane at Vista Chino (Hwy 111)
Project, Federal Project No. CML 5282 (037), City Project No.09-11; and
2. Authorize the City Manager to approve cumulative change orders of up to 10% of
the awarded construction contract amount, or $32,661.30; and
3. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Farrell Drive Right Turn Lane at Vista Chino project is a federally funded project
and has oversight by the State through the California Department of Transportation
("Caltrans"). Caltrans coordinates all federal funding on local road projects. The project
includes construction of a northbound right turn lane on Farrell Drive, construction of a
new bus turnout on Vista Chino, relocation of an existing bus stop, upgrade of curb ramp
at the southeast corner of the intersection, modification of traffic signals, construction of a
new sidewalk, and reconstruction of existing asphalt concrete pavement.
The City received $40,000 in federal funds for the Preliminary Engineering phase,
including environmental clearance and design for this project. The City's consultant,
KOA Corporation, has completed the environmental studies, the construction plans,
specifications and estimates.
ITEM NO. —
City Council Staff Report
September 3, 2014 - Page 2
Farrell Drive Right Turn Lane at Vista Chino, CP No. 09-11
On March 12, 2014, the Public Works and Engineering Department received from
Caltrans the Authorization to Proceed (E-76) with Construction for this project, with a
federal amount of$364,743.
On June 4, 2014, the City Council reviewed and approved the plans, specifications, and
estimates and authorized staff to proceed with bidding. On June 28th, and July 5th,
2014, the project was advertised for bids, and at 3:00 p.m. on August 5, 2014, the
Procurement and Contracting Division received construction bids from the following
contractors:
1. Hillcrest Contracting, Inc.; Corona, CA $326,613.00
2. C.S. Legacy Construction, Inc.; Pomona, CA $345,914.00
3. Golden Vista Construction, Inc. (dba Golden Valley Construction); $357,811.70
Palm Springs, CA
4. Granite Construction Company; Indio, CA $367,311.00
5. CLS Constructors, Inc.; Grand Terrace, CA $368,222.50
6. Tri-Star Contracting II, Inc.; Desert Hot Springs, CA $379,462.50
7. PTM General Engineering Services, Inc.; Riverside, CA $383,083.00
The engineer's estimate was $416,000.00.
The lowest responsive, responsible bidder is Hillcrest Contracting, Inc., a California
corporation located in Corona, and its officers are: Glenn J. Salsbury, President, and
Einer G. Lindholm, Vice President/Secretary.
FISCAL IMPACT:
The federal contribution of 88.53% or $289,150.48 is available in account number 261-
4491-60076 and the local match of 11.47% or $37,462.52 is available in account
number 133-4298-60076..
SUBMITTED:
Prepared by: Recommended by:
•2
Savat Khamphou David J. Barakian
Assistant Director of Public Works Director of Public Works / City Engineer
Approved by:
David H. Ready, City Manage
Attachment:
02
1. Agreement
AGREEMENT
THIS AGREEMENT made this day of 2014, 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 Califomia, hereinafter designated as the
City, and
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:
FARRELL DRIVE RIGHT TURN LANE AT VISTA CHINO
CITY PROJECT NO. 09-11
FEDERAL AID PROJECT CML 5282 (037)
The Work consists of construction of an eastbound right turn lane on Farrell Drive;
construction of a new bus tumout on Vista Chino, and relocation of an existing bus stop;
upgrading all curb ramps at the intersection; modification of traffic signals; construction of
a new meandering sidewalk; reconstruction of existing AC pavement; 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 $700 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.
FARRELL DR.RIGHT TURN LANE AT VISTA CHINO AGREEMENT FORM
CITY PROJECT NO.0311 AGREEMENT AND BONDS-PAGE 1
JUNE 2014 03
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
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 15G Local Agency Bidder DBE Commitment, Exhibit 15H DBE 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)
to , 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
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
FARRELL DR.RIGHT TURN LANE AT VISTA CHINO AGREEMENT FORM
CITY PROJECT NO-09-11 AGREEMENT AND BONDS-PAGE 2 4
JUNE 2014
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 parry 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:
CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL:
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
FARRELL DR.RIGHT TURN LANE AT VISTA CHINO AGREEMENT FORM
CITY PROJECT NO.09.11 AGREEMENT AND BONDS-PAGE 3 JUNE 2014 �1 A
15
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: Check one:_Individual_Partnership_Corporation
Address:
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 L State of i
County of LSs County of i 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:
FARRELL DR.RIGHT TURN LANE AT VISTA CHINO
CITY PROJECT NO.09-11 AGREEMENT FORM
JUNE 2014 AGREEMENT AND BONDS-PAGE 4
06