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c4`'f°RN�P City Council Staff Report
Date: September 05, 2012 CONSENT CALENDAR
Subject: AWARD OF CONTRACT FOR THE INDIAN CANYON DRIVE INTERIM
WIDENING PROJECT (UPRR BRIDGE TO GARNET AVENUE), CITY
PROJECT 01-11A
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Public Works and Engineering Department has been working for several years on a
project to widen Indian Canyon Drive between the railroad bridge and Garnet Ave.
Award of this contract will allow staff to proceed with this interim widening project to
ease congestion in the near term while the ultimate project continues through the UPRR
and FHWA approval process
RECOMMENDATION:
1) Approve Agreement No. in the amount of $449,999.00 with Granite
Construction Co. Inc., for the Indian Canyon Drive Interim Widening Project
(UPRR bridge to Garnet Ave), City Project 01-11A; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
In 2001, Public Works and Engineering Department obtained federal funding to widen
the Indian Canyon Drive Union Pacific Railroad ("UPRR") bridge, and the adjacent
roadway to Garnet Avenue. This project is federally funded, and as such requires
coordination with the California Department of Transportation ("Caltrans"). Caltrans, as
the lead federal agency, has responsibility to review the project for conformance with
federal environmental laws and to ensure compliance with state and federal regulations
and design standards. Although the project commenced in 2002, a lengthy
environmental review process was required, with Caltrans issuing final environmental
approvals in 2009. Federal rules prevented the City from proceeding with final
engineering design until after the environmental clearance is obtained. The City
initiated final design in late 2009.
ITEM NO. 2
City Council Staff Report
September 05, 2012 - Page 2
Indian Canyon Drive Interim Widening Project(CP 01-11A)
The original scope of this project assumed widening of the existing UPRR bridge. This
assumption was based on all prior projects in the Coachella Valley involving widening of
existing railroad bridges, including the Gene Autry Trail UPRR bridge which is currently
under construction. However, recent UPRR policy implemented statewide dictates that
if existing railroad bridges do not allow for future expansion of railroad operations,
including construction of new tracks, widening the existing bridge will not be allowed by
UPRR. Essentially, this new UPRR policy communicated to the City in January 2010
requires the City to demolish the existing UPRR bridge and construct an entirely new
bridge to provide clearance for future UPRR tracks.
Despite our best efforts to prevail with UPRR on this policy, without UPRR's approval of
our bridge widening plans this project cannot proceed to construction. Therefore, a
complete change of scope to this project has been dictated by the UPRR requiring
demolition of the existing bridge and replacement with a new bridge structure. The
existing bridge is a 4-span bridge, the UPRR is allowing the City to construct a new
bridge with one pier in the UPRR right-of-way. The new 2-span bridge design impacts
the entire project, increasing the project footprint and requiring re-validation of the
environmental approval.
The changed scope dramatically increased the total cost of this project from just over$3
Million to $21,500,000. However, City staff pursued additional federal funding from
Caltrans to offset the increased cost of the project. Staff was ultimately successful in
securing an additional $14.5 Million in federal funds for the project.
Meanwhile, the City has now successfully completed the Indian / 1-10 Interchange
project, and the widening of Indian Canyon Dr. to 4-lanes between Tramview Road and
the UPRR bridge. The existing UPRR bridge and adjacent roadway segment is now a
2-lane "bottleneck", and will exist this way for several more years as City staff work
diligently to complete the final design and right-of-way phases to allow for construction
of the project.
On March 21, 2012, Council authorized bidding this interim widening project providing a
2nd & 3rd northbound lane transitioning to Garnet Ave.
The plans and specifications were prepared by the City's engineering consultant,
Dokken Engineering. On June 2 and 9, 2012, the project was advertised for bids, and
at 3:00 p.m. on July 10, 2012, the Procurement and Contracting Division received
construction bids from the following contractors:
1. Granite Construction Co; Watsonville, Ca; $449,999.00
2. Matich Corp, San Bernardino, CA; $466,000.00
The Engineer's estimate was $425,000.00
02
City Council Staff Report
September 05, 2012- Page 3
Indian Canyon Drive Interim Widening Project(CP 01-11A)
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; submission of good
faith efforts is required. The low bidder while headquartered in Watsonville has
maintained an Indio office for years. All asphalt will be manufactured from their plant in
Indio. In addition, Spartan Sawcut of Palm Springs will be used as a subcontractor.
Therefore, staff recommends that the City Council determine the low bid responsive
with regard to the Local Business Preference Program.
The company is a California corporation, and its principal officers are James Roberts,
President and CEO; and Michael Donnino, Sr. Vice President and Assistant Secretary.
FISCAL IMPACT:
Staff has confirmed with CVAG that CVAG will agree to fund 75% of this interim
widening project pursuant to the terms of our existing funding agreement. Sufficient
funding for the interim widening project will be made available through local Measure A
funds in account 134-4498-50196 (75%), and Regional Measure A funds in account
134-4497-50196 (25%).
SUBMITTED:
Prepared by:
aL-,
David J. Barakian
Director of Public Works/City Engineer
Approved by:
Thomas J. Wils , Asst. City Manager David H. Ready, ager
Attachments:
1. Agreement
03
AGREEMENT
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
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:
INTERIM INDIAN CANYON DRIVE WIDENING
CITY PROJECT NO. 01-11A
The Work is generally described as the widening of Indian Canyon Drive between the
Union Pacific Railroad and Garnet Avenue, including: roadway excavation, imported
borrow, hot mix asphalt, Type II slurry seal, traffic signage and striping, 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 $1,900 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.
04
INTERIM INDIAN CANYON DRIVE WIDENING AGREEMENT FORM
CITY PROJECT NO.01-11A AGREEMENT AND BONDS-PAGE 1
May 31,2012
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, 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
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents. 05
INTERIM INDIAN CANYON DRIVE WIDENING AGREEMENT FORM
CITY PROJECT NO.01-11A AGREEMENT AND BONDS-PAGE 2
May 31,2012
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
INTERIM INDIAN CANYON DRIVE WIDENING AGREEMENT FORM
CITY PROJECT NO.01-11A AGREEMENT AND BONDS-PAGE 3 06
May 31,2012
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 C State of C
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:
INTERIM INDIAN CANYON DRIVE WIDENING
CITY PROJECT NO.01-11A AGREEMENT FORM
May 31,2012 AGREEMENT AND BONDS-PAGE 4 07
WORKER'S COMPENSATION CERTIFICATE
(AS REQUIRED BY SECTION 1861
OF THE CALIFORNIA LABOR CODE)
I am aware of the provisions of Section 3700 of the California Labor Code,
which require every employer to be insured against liability for worker's
compensation, or to undertake self-insurance in accordance with the
provisions of said Code, and I will comply with such provisions before
commencing the performance of the Work of this Contract.
Contractor
By
Title
INTERIM INDIAN CANYON DRIVE WIDENING O 8
CITY PROJECT NO.01-11A WORKER'S COMPENSATION CERTIFICATE
May 31,2012 AGREEMENT AND BONDS-PAGE 5
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That as Contractor, and
as Surety,
are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the
County of Riverside, California, hereinafter called the"City," in the sum of:
dollars,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns,jointly and severally, firmly by these presents.
WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement
with said City to perform the Work as specified or indicated in the Contract Documents entitled:
INTERIM INDIAN CANYON DRIVE WIDENING
CITY PROJECT NO. 01-11A
NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract
Documents required to be performed on its part, at the times and in the manner specified herein,
then this obligation shall be null and void, otherwise it shall remain in full force and effect.
PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or
changes in the time of completion, which may be made pursuant to the terms of said Contract
Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any
extensions of time granted under the provisions of said Contract Documents, release either said
Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby
waived by said Surety.
SIGNED AND SEALED, this_day of 20_.
CONTRACTOR:
Check one:_individual,_partnership, _corporation
(Corporations require two signatures; one from each of the following groups: A. Chairman of Board,
President, or any Vice President; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or
Chief Financial Officer).
By
SURETY:
signature
(NOTARIZED)
Print Name and Title:
By
By
signature
(NOTARIZED) signature
(NOTARIZED)
Print Name and Title:
Print Name and Title: 09
INTERIM INDIAN CANYON DRIVE WIDENING PERFORMANCE BOND
CITY PROJECT NO.01-11A AGREEMENT AND BONDS-PAGE 6
May 31,2012
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS,
That as Contractor,
and as Surety,
are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the
County of Riverside, State of California, hereinafter called the "City," in the sum of:
dollars,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns,jointly and severally, firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement
with said City to perform the Work as specified or indicated in the Contract Documents entitled:
INTERIM INDIAN CANYON DRIVE WIDENING
CITY PROJECT NO. 01-11A
NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators,
successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or
other supplies used in, upon, for, or about the performance of the Work contracted to be done, or
for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance
Code, or for any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of the Contractor and its subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as
required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code
of the State of California and acts amendatory thereof, and Sections of other Codes of the State
of California referred to therein and acts amendatory thereof, and provided that the persons,
companies, or corporations so furnishing said materials, provisions, equipment, or other supplies,
appliances, or power used in, upon, for, or about performance of the Work contracted to be
executed or performed, or any person, company, or corporation renting or hiring implements or
machinery or power for, or contributing to, said work to be done, or any person who performs
work or labor upon the same, or any person who supplies both work and materials therefor, shall
have complied with the provisions of said laws, then said surety will pay the same in an amount
not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this
bond, a reasonable attorneys fee as shall be fixed by the Court. This Bond shall inure to the
benefit of any and all persons named in Section 3181 of the Civil Code of the State of California
so as to give a right of action to them or their assigns in any suit brought upon this bond.
PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or
changes in the time of completion, which may be made pursuant to the terms of said Contract
Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any
extensions of time granted under the provisions of said Contract Documents release either said
Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby
waived by said Surety.
SIGNED AND SEALED, this_day of 20 .
10
INTERIM INDIAN CANYON DRIVE WIDENING PERFORMANCE BOND
CITY PROJECT NO.01-11A AGREEMENT AND BONDS-PAGE 7
May 31,2012
CONTRACTOR:
Check one: individual,_partnership, _corporation
(Corporations require two signatures; one from each of the following groups: A. Chairman of Board,
President, or any Vice President; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or
Chief Financial Officer).
By SURETY:
signature
(NOTARIZED)
Print Name and Title:
By By
signature signature
(NOTARIZED) (NOTARIZED)
Print Name and Title: Print Name and Title:
INTERIM INDIAN CANYON DRIVE WIDENING PAYMENT BOND
CITY PROJECT NO.01-11A AGREEMENT AND BONDS-PAGE S
May 31,2012 11
CERTIFICATE OF INSURANCE
THIS CERTIFICATE ISSUED TO THE OWNERIAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED
NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE
COMPANY A
B
C
D
TYPE OF WORK PERFORMED AND LOCATION
LIMITS OF LIABILITY IN THOUSANDS(x1000)
TYPE OF INSURANCE POLICY NUMBER
EACH
OCCURRENCE AGGREGATE
COMPREHENSIVE GENERAL
LIABILITY
Including:
❑ EXPLOSION AND COLLAPSE BODILY INJURY $ $
❑ UNDERGROUND DAMAGE PROPERTY DAMAGE $ $
❑ PRODUCTWCOMPLETED OPERATIONS or
❑ CONTRACTUAL INSURANCE
❑ BROAD FORM PROPERTY DAMAGE
❑ INDEPENDENT CONTRACTORS BODILY INJURY AND
PROPERTY
❑ PERSONAL INJURY DAMAGE COMBINED $ $
PERSONAL INJURY $
COMPREHENSIVE AUTOMOBILE BODILY INJURY
LIABILITY EACH PERSON $
Including: EACH ACCIDENT
❑ OWNED PROPERTY DAMAGE $
❑ HIRED
❑ NONOWNED ar
BODILY INJURY
❑ MOTORCARRIERACT AND PROPERTY
DAMAGECOMBINED $
EXCESS LIABILITY BODILY INJURY
Including: AND PROPERTY
DAMAGE COMaINEO $
❑ EMPLOYERS UABILRY
WORKER'S COMPENSATION STATUTORY
and
EMPLOYER'S LIABILITY
Including: EL $ (EACH
ACCIDENT)
ElLONG SHOREMEMS AND
HARBOR WORKERS
OTHER ADDITIONAL INSURED ENDORSEMENT—CITY OF PALM SPRINGS
The undersigned certifies that he or she is the representative of the above-named insurance Companies,that he or she has the authority to execute and issue this certificate
to Certificate Holder,and accordingly,does hereby certify on behalf of said insurance companies that policies of insurance listed above have been issued to the insured
named above and are in force at this time. Notwithstanding any requirement,term,or Condition of any Contract or other document with respect to which this certificate maybe
issued or may pertain,the insurance afforded by the policies described herein is subject to at the terms,exclusions,and conditions of such policies. Copies of Me policies
shown will be furnished to the Certificate Holder upon request.
This Certificate does not amend extend,or alter the coverage afforded by the policies listed.
Cancellation:Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will mail 30 days written notice to the beloW-
named certificate holder:
NAME AND ADDRESS OF ADDITIONAL INSURED DATE
ISSUED
BY
INTERIM INDIAN CANYON DRIVE WIDENING 9 �f
CITY PROJECT NO.01-11A 12
May 31,2012 CERTIFICATE OF INSURANCE
AGREEMENT AND BONDS-PAGE 9