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"41FOR0%91 City Council Staff Report
Date: December 19, 2012 CONSENT CALENDAR
Subject: AWARD OF CONTRACT FOR THE SITE IMPROVEMENTS AT THE
PALM SPRINGS SKATE PARK, CITY PROJECT NO. 12-06
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Award of this contract will allow staff to proceed with the construction of the
improvements for the building installation at the Palm Springs Skate Park, located at the
south end of South Pavilion Way in the City of Palm Springs, west of Palm Springs High
School.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $135,182.25 with Simon
Contracting, a California Partnership, for the site improvements at the Palm
Springs Skate Park, City Project No. 12-06.
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On October 17, 2012, the City Council authorized the City Engineer to proceed to bid
the site improvements necessary for the installation of the modular office building at the
Skate Park.
The Work comprises the construction of Concrete Masonry Unit retaining wall, excavation
and footing construction ready for installation of the office building, construction of asphalt
concrete paving and all related and associated works, per the Contract Drawings and
Special Provisions.
The project design was completed by Engineering Resources of Southern California
and the City's Public Works & Engineering staff.
City Council Staff Report
December 19, 2012 - Page 2
Palm Springs Skate Park, City Project No.12-06
On November 10th and November 17th, 2012, the project was advertised for bids, and at
3:00 p.m. on December 11, 2012, the Procurement and Contracting Division received
construction bids from the following contractors:
1. Simon Contracting, Indio, CA $135,182.25
2. BWW & Co., Redlands, CA $145,128.79
3. Earth Sculpture, Indio, CA $145,908.80
4. SBR Group, Lake Forrest, CA $149,397.50
5. Avi-Con, Inc. dba CA Construction, Riverside, CA $151,165.62
6. AToM Engineering Construction, Inc., Hemet, CA $176,398.00
The Engineer's Estimate is $150,000.
The lowest, responsive bidder is Simon Contracting, a California Partnership, from
Indio, California, whose principal officers are: J. Brouwer Investments, Inc., General
Partner, JBCHC Limited Partnership, Limited Partner, and MCC Development
Corporation, Limited Partner.
FISCAL IMPACT:
Sufficient funds are available in account 152-2460-51575 to award the Palm Springs
Skate Park project.
SUBMITTED: j
David J. Barakian
Director of Public Works
Approved y:
Thomas J. Wil Asst. City Manager David H. Ready, City Manager
Attachments:
1. Agreement
AGREEMENT
THIS AGREEMENT made this day of in the year 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
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:
PALM SPRINGS SKATE PARK
CITY PROJECT NO. 12-06
The Work is generally described as follows:
Construction of Concrete Masonry Unit (CMU) retaining wall and foundation; excavation
and footing construction ready for installation of an office building; construction of 3-inch
asphalt concrete (AC) paving over 6-inch miscellaneous base; removal and disposal of
existing AC pavement; grinding 2-inch existing AC pavement and construction of 2-inch
AC pavement; removal and disposal of existing concrete sidewalk; and all related and
associated works, per the Contract Drawings and Special Provisions.
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 the 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 $ 2,000.00 for
each calendar day that expires after the time specified in Article 2, herein.
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.
PALM SPRINGS SKATE PARK
CITY PROJECT NO. 12-06
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, 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 provisions of 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 as
amended by 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
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.
PALM SPRINGS SKATE PARK
CITY PROJECT NO. 12-06
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
APPROVED BY THE CITY COUNCIL:
By
City Clerk
Date
APPROVED AS TO FORM:
Agreement No.
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
PALM SPRINGS SKATE PARK
CITY PROJECT NO. 12-06
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 E,
County of Css County of CISS
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:
PALM SPRINGS SKATE PARK
CITY PROJECT NO. 12-06