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HomeMy WebLinkAbout4/17/2013 - STAFF REPORTS - 2H �p ALM SD4 .y Q V N k e er M abealW c'941FORN�P City Council Staff Report Date: April 17, 2013 CONSENT CALENDAR Subject: AWARD OF CONTRACT FOR THE DESERT HIGHLAND UNITY CENTER (DHUC) MAIN PARKING LOT IMPROVEMENTS, CITY PROJECT 13-12 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY Award of this contract will allow staff to proceed with this Community Development Block Grant (CDBG) funded project to re-surface the Desert Highland Unity Center Main Parking Lot, City Project 13-12. RECOMMENDATION: 1) Approve Agreement No. in the amount of $77,415 with Universal Asphalt Co., Inc., for the DHUC Main Parking Lot Improvements, City Project 13-12; and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: On April 11, 2012, the City Council approved the Community Development Block Grant (CDBG) annual action plan and CDBG budget adoption, and list of recommended projects. This resulted in a grant for the DHUC's main parking lot improvements, which will also upgrade the direct accessible route to the center facilities. The project design was completed by the Public Works & Engineering Department. On March 9, 2013 and March 16, 2013, the project was advertised for bids, and on April 9, 2013, the Procurement and Contracting Division received construction bids from the following contractors: 1. Universal Asphalt Co., Inc., Santa Fe Springs, CA $77,415.00 2. Tri Star Contracting II, Inc., Desert Hot Springs, CA $79,498.40 3. Golden Valley Construction, Indio, CA $82,015.00 4. Lee & Stires, Inc., Ontario, CA $83,258.20 LU ITEM NO. City Council Staff Report April 17, 2012 - Page 2 DHUC Main Parking Lot Improvements (City Project 13-12) 5. Haitbrink Asphalt Paving Inc., Corona, CA $87,762.00 6. Cooley Construction, Inc., Hesperia, CA $95,536.00 7. AToM Engineering Construction, Inc., Hemet, CA $96,398.00 8. G.M. Sager Construction Co., Inc., Pomona, CA $100,306.00 9. The Van Dyke Corporation, 29 Palms, CA $107,985.00 The Engineer's Estimate was $87,000. The lowest, responsive bidder is Universal Asphalt Co., Inc. from Santa Fe Springs, California, whose principle officers are: Dan Houck II, President; Richard Houck, Vice- President; Sharon Hicks, Secretary; & Darren Houck, PM/CFO. FISCAL IMPACT: Sufficient funds are available in account 137-4814-63590 (JOJCDHUC Parking Lot Improvement). SUBMITTED: ohn Raylinono, irector David J. Barakian omm ity & IZ96nomic Development Director of Public Works/City Engineer Approved by: s �— Thomas J. Wilson sst. City Manager David H. Ready, City r Attachments: 1. Agreement a AGREEMENT THIS AGREEMENT made this day of in the year 2013, 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 Universal Asphalt Co., 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 The Contractor shall complete the Work as specified or indicated under the Bid Schedule of the City's Contract Documents entitled: DESERT HIGHLAND UNITY CENTER MAIN PARKING LOT IMPROVEMENTS CITY PROJECT NO. 13-12 The Work is generally described as follows: Construction of parking lot improvements, including cold milling of existing asphalt concrete pavement, construction of new 3" asphalt concrete pavement over 3" crushed miscellaneous base, 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. D.H.U.C. MAIN PARKING LOT IMPROVEMENTS AGREEMENT FORM CITY PROJECT NO. 13-12 AGREEMENT AND BONDS-PAGE 1 02/27/2013 3 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 named in the Contractor's Bid and Bid Schedule. 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, 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 1 to 1, 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 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 D.H.U.C. MAIN PARKING LOT IMPROVEMENTS AGREEMENT FORM CITY PROJECT NO. 13-12 AGREEMENT AND BONDS- PAGE 2 02/27/2013 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 Minute Order No. Date By City Clerk Agreement No. APPROVED AS TO FORM: By City Attorney Date CONTENTS APPROVED: By City Engineer Date By City Manager Date D.H.U.C. MAIN PARKING LOT IMPROVEMENTS AGREEMENT FORM CITY PROJECT NO. 13-12 AGREEMENT AND BONDS- PAGE 3 02/27/2013 5 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 I County of C SS 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 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: D.H.U.C. MAIN PARKING LOT IMPROVEMENTS AGREEMENT FORM CITY PROJECT NO. 13-12 AGREEMENT AND BONDS- PAGE 4 02/27/2013 6