HomeMy WebLinkAbout2/19/2014 - STAFF REPORTS - 2.F. �VPLM S.
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Date: February 19, 2014 CONSENT CALENDAR
Subject: AWARD OF CONTRACT FOR DEMUTH PARK — EAST PARKING LOT
REPAIRS, CITY PROJECT NO. 14-01
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Palm Springs City Council approved Measure J funds for parking lot repairs at
several City parks, including the East Parking Lot at Demuth Park. The project
comprises cold milling of existing asphalt concrete pavement, construction of new 2"
asphalt concrete overlay, construction of ADA access ramps, and thermoplastic striping
and markings. Award of this contract will allow staff to proceed with the construction of
the "Demuth Park— East Parking Lot Repairs" project, City Project No. 14-01.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $39,639.00 with J.B. Paving
and Engineering, for the construction of Demuth Park - East Parking Lot Repairs
project, City Project No. 14-01 and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Last year, the Measure J Oversight Commission asked the City Council to consider the
Commission's recommendations for Measure J project funding. The City Council
approved a number of projects to be funded with Measure J funds, including the
"Demuth Park— East Parking Lot Repairs" project.
The project design was prepared by the Public Works & Engineering Department and
includes cold milling the existing pavement, asphalt concrete overlay, construction of
ITEM NO.
City Council Staff Report
February 19, 2014- Page 2
Demuth Park— East Parking Lot Repairs, City Project No.14-01
ADA access ramps, and application of thermoplastic parking stall striping on the
easterly parking lot of Demuth Park, located on Mesquite Road next to the tennis courts.
On January 3, 2013 and January 10, 2013, the project was advertised for bids, and on
February 4, 2014, the Procurement and Contracting Division received nine construction
bids from the following contractors:
1. J.B. Paving & Engineering, Yucaipa, CA $39,639.00
2. L.C. Paving & Sealing, Inc. San Marcos, CA $41,237.65
3. KAD Paving Company, Yucaipa, CA $41,368.00
4. United Paving Company, Corona, CA $44,127.00
5. NPG, Inc., Perris, CA $44,444.00
6. American Asphalt South, Inc. Fontana, CA $46,315.80
7. Tri Star Contracting, Inc. Desert Hot Springs, CA $47,854.90
8. Hardy & Harper, Inc. Santa Ana, CA $51,000.00
9. J.RDMMAC, Inc., Victorville, CA $55,750.00
The Engineer's estimate was $42,000.00
The low bid of$39,639.00 was submitted by J.B. Paving & Engineering, from Yucaipa.
Staff is recommending award of the contract for Demuth Park — East Parking Lot
Repairs, City Project No. 14-01, to the lowest responsive, responsible bidder, J.B.
Paving & Engineering, a California Contractor from Yucaipa, whose owner is James
John Brothers.
FISCAL IMPACT:
Sufficient funds for this project are available in Measure J account number
260-4500-59410.
SUBMITTED:
Prepare b : Recommended by:
Savat Khamphou David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
David H. Ready, City ger
02
AGREEMENT
this day of in the year 2014
THIS AGREEMENT made t s y y ,
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
hereinafter g inafter 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:
DEMUTH PARK— EAST PARKING LOT REPAIRS
CITY PROJECT NO. 14-01
The Work is generally described as follows:
Construction of parking lot improvements, including cold milling of existing asphalt
concrete pavement, construction of new 2" asphalt concrete overlay, construction of ADA
access ramps, and thermoplastic striping and markings.
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$700.00 for each
calendar day that expires after the time specified in Article 2, herein.
03
DEMUTH PARK-PARKING LOT REPAIRS AGREEMENT FORM
CITY PROJECT NO. 14-01 AGREEMENT AND BONDS-PAGE 1
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
accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit,
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 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
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
u4
DEMUTH PARK-PARKING LOT REPAIRS AGREEMENT FORM
CITY PROJECT NO. 14-01 AGREEMENT AND BONDS-PAGE 2
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,
CALIFORNIA
By APPROVED BY THE CITY COUNCIL:
City Clerk
APPROVED AS TO FORM: Date
By
City Attorney Agreement No.
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
45
DEMUTH PARK-PARKING LOT REPAIRS AGREEMENT FORM
CITY PROJECT NO. 14-01 AGREEMENT AND BONDS-PAGE 3
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 I_ State of
County of 1_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
is/are subscribed to the within instrument and 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 instrument the person(s), or the entity upon behalf
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:
DEMUTH PARK-PARKING LOT REPAIRS AGREEMENT FORM {� f
CITY PROJECT NO. 14-01 AGREEMENT AND BONDS-PAGE 4