HomeMy WebLinkAbout7/20/2011 - STAFF REPORTS - 2.M. �°�pp`M Spq
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Date: July 20, 2011 CONSENT CALENDAR
Subject: AWARD OF CONTRACT FOR THE BELARDO ROAD BRIDGE AND
ROADWAY PROJECT, FEDERAL PROJECT NO. PLHL-5282 (020),
CITY PROJECT NO. 87-49
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 federally funded capital
improvement project.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $2,221,366.06 with G&M
Construction, a California corporation, for the Belardo Road Bridge and Roadway
Project, Federal Project No. PLHL-5282 (020), City Project No. 87-49; and
2) Authorize the City Manager to approve cumulative change orders of up to 10% of
the awarded construction contract amount, or $222,136.61; and
3) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On May 18, 2001, the City and Agua Caliente Band of Cahuilla Indians (Tribe)
submitted a joint application to the Federal Highway Administration (FHWA) for Federal
Public Lands Highway Discretionary (PLHD) funds to construct the Belardo Road Bridge
and Roadway Project. With the support of local, state and federal representatives, the
City was successful in being awarded $3,000,000 in PLHD funds for this project.
As the City and Tribe collectively contributed to and are partners in this project, a
Memorandum of Understanding (MOU) between the City and Tribe regarding oversight
of this project was approved June 19, 2002. The MOU outlines the responsibilities of
both the City and Tribe, with the Tribe coordinating the environmental and right-of-way
phases, and the City coordinating the design and construction phases.
ITEM NO. 2 Me—
City Council Staff Report
July 20, 2011 -Page 2
Belardo Road Bridge& Roadway Project(City Project 87-49)
The City adopted a Mitigated Negative Declaration for this project on May 27, 2009.
Subsequently, the City and Tribe coordinated on right-of-way acquisition for the project,
which was completed in August 2010.
As a federally funded project, this project has oversight by the state through the
California Department of Transportation ("Caltrans"). Caltrans coordinates all federal
funding on local road projects. On March 29, 2011, Caltrans authorized the City to
proceed with construction of this project.
On May 4, 2011, the City Council approved the plans and authorized bidding. On May
7 and 14, 2011, the project was advertised for bids, and at 3:00 p.m. on June 21, 2011,
the Procurement and Contracting Division received construction bids from the following
seven contractors:
1. G&M Construction; Palm Springs, CA $2,221,366.06
2. Flatiron West, Inc.; San Marcos, CA $2,560,374.00
3. Granite Construction Co.; Watsonville, CA $2,829,900.00
4. Hazard Construction Co.; Palm Desert, CA $2,903,522.65
5. FTR International, Inc.; Irvine, CA $2,948,339.12
6. SEMA Construction, Inc.; Lake Forest, CA $2,975,898.00
7. Skanska USA Civil West California District, Inc.; Riverside, CA $2,978,145.00
8. Riverside Construction Co. Inc.; Riverside, CA $3,035,827.75
9. Griffith Company; Santa Fe Springs, CA $3,117,895.40
10. Minco Construction; Gardena, CA $3,887,245.00
The Engineer's Estimate was $3,450,000.
The lowest, responsive bidder is G&M Construction, whose principal officers are:
George Marantz, President; and Dianne Marantz, Secretary/Treasurer.
Given the federally funded nature of this project, and to ensure that the project
construction proceeds without delay, it is recommended that special authority be
granted to the City Manager to approve contract change orders for this project up to
10% of the awarded contract amount. This will allow the City Manager, upon the
recommendation of the City Engineer, to authorize up to an additional $222,136.61 in
cumulative change orders, to allow this project to proceed without delay in the event
changes in the work, or extra work, are necessary.
02
City Council Staff Report
July 20, 2011 -Page 3
Belardo Road Bridge& Roadway Project(City Project 87-49)
FISCAL IMPACT:
This project is funded by a $3,000,000 Public Lands Highway Discretionary federal
grant, of which $2,325,194 remains available for construction (prior funds were used for
the environmental and design phases). Additionally, the Agua Caliente Band of
Cahuilla Indians has made available an additional $2,035,362 of its own federal Indian
Reservation Roads funding for this project.
No local miscellaneous General Funds have been or will be required for this project.
Sufficient funds are available in accounts 261-4491-50169 and 261-4491-50297.
SUBMITTED:
Prepared by: Recommended by:
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Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Thomas J. Wils , Asst. City Manager-f-6,David H. Read ity Manager
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 G &M Construction, a California corporation, h ereinafter 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:
BELARDO ROAD BRIDGE AND ROADWAY PROJECT
CITY PROJECT NO. 87-49; FEDERAL AID PROJECT PLHL 5282 (020)
The Work comprises the construction of a new bridge across the Tahquitz Creek on
Belardo Road, and construction of new roadway improvements on Belardo Road,
generally extending from Ramon Road to S. Palm Canyon Dr., including: clearing and
grubbing; earthwork, excavation, imported borrow, and backfill; asphalt concrete
pavement; pre-stressed cast-in-place concrete; structural concrete; minor concrete; bar
reinforcing steel; reinforced concrete pipe; rock-slope protection; traffic striping and
markings, 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 $2,200 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. �]
BELARDO ROAD BRIDGE&ROADWAY PROJECT AGREEMENT FORM Q r
CITY PROJECT NO.87-49 AGREEMENT AND BONDS-PAGE 1
May 2,2011
ARTICLE 3 —CONTRACT PRICE $2,221,366.06
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 15131 Local Agency Bidder UDBE Commitment, Exhibit 15G2 Local Agency
Bidder DBE Information, Exhibit 15H UDBE 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 01 to 04, 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
BELARDO ROAD BRIDGE&ROADWAY PROJECT AGREEMENT FORM 05
CITY PROJECT NO.87-49 AGREEMENT AND BONDS-PAGE 2
May 2,2011
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.
ATTEST: APPROVED BY THE CITY COUNCIL:
CITY OF PALM SPRINGS,
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
BELARDO ROAD BRIDGE&ROADWAY PROJECT AGREEMENT FORM
CITY PROJECT NO.87-49 AGREEMENT AND BONDS-PAGE 3
May 2,2011
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: G&M Construction Check one:_Individual_Partnership X Corporation
Address: 211 W.Mesquite Avenue
Palm Springs CA 92264
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 ❑ State of ❑
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:
BELARDO ROAD BRIDGE&ROADWAY PROJECT AGREEMENT FORM
CITY PROJECT NO.87-49 AGREEMENT AND BONDS-PAGE 4 07
May 2,2011