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HomeMy WebLinkAbout6/15/2011 - STAFF REPORTS - 2.I. new, a LM sA� iy L � t y�* C pRRp RwTtO �+ Wno City Council Staff Report Date: June 15, 2011 CONSENT CALENDAR Subject: AWARD OF CONTRACT FOR THE INDIAN CANYON DRIVE WIDENING (TRAMVIEW ROAD TO UPRR), FEDERAL PROJECT NO. STPLN-5282 (023), CITY PROJECT NO. 01-25 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The City received a $2,199,000 federal grant to widen Indian Canyon Drive from 2 to 4 lanes between Tramview Road and the Union Pacific Railroad through the Whitewater River. Award of this contract will allow staff to proceed with this major capital improvement project. RECOMMENDATION: 1) Determine the Bid submitted by the apparent low bidder, Vance Corporation, as incomplete and containing at least one major irregularity, and reject it as non- responsive; and 2) Determine the apparent second low bidder, Griffith Company, as the lowest responsive bidder; and 3) Approve Agreement No. in the amount of $2,865,821.50 with Griffith Company, a California corporation, for the Indian Canyon Drive Widening (Tramview Road to UPRR), Federal Project No. STPLN-5282(023), City Project No. 01-25; and 4) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The City of Palm Springs submitted a grant application in 2001 to the Riverside County Transportation Commission (RCTC) for discretionary State Transportation Improvement Program (STIP) federal funds for the widening of Indian Canyon Drive from 2 to 4 lanes through the Whitewater River. The grant process was competitive throughout Riverside ITEM \40. 'A City Council Staff Report June 15, 2011 - Page 2 Indian Canyon Drive Widening (City Project 0 1-25) County, and the City's application was approved, earmarking $2,199,000 in STIP federal funds to this project. The STIP funds were later taken by the state as part of its efforts 10 years ago to balance its budget; however, RCTC replaced the lost STIP funds with Surface Transportation Program (STP) funds. The local match for this project is allocated from Regional Measure A funding, made available through a Reimbursement Agreement subsequently approved by the City and the Coachella Valley Association of Governments (CVAG). 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, which requires both state and federal environmental clearance. On February 15, 2006, the City Council awarded a contract services agreement to Dokken Engineering for this project. Subsequently, City staff coordinated environmental approvals, right-of-way acquisition, and final design with Dokken Engineering and Caltrans. On March 15, 2011, Caltrans authorized the City to proceed with construction of this project. On April 6, 2011, the City Council approved the plans and authorized bidding. On April 9 and 16, 2011, the project was advertised for bids, and at 3:00 p.m. on May 24, 2011, the Procurement and Contracting Division received construction bids from the following seven contractors: 1. Vance Corporation; Rialto, CA: $2,773,625.75 2. Griffith Company; Santa Fe Springs, CA: $2,865,821.50 3. Riverside Construction Co. Inc.; Riverside, CA: $2,918,942.50 4. EBS General Engineering, Inc.; Corona, CA: $2,977,364.00 5. Ace Engineering, Inc.; La Verne, CA: $3,022,163.00 6. Granite Construction Co.; Watsonville, CA: $3,066,000.00 7. Skanska USA Civil West California District, Inc.; Riverside, CA: $3,073,506.00 The Engineer's Estimate was $2,850,000. On May 27, 2011, the City received a formal bid protest filed by the apparent second low bidder, Griffith Company (see Attachment 1). The protest cites several reasons the City should determine the apparent low bidder, Vance Corporation, as non-responsive. In consultation with the City Attorney's office, after reviewing the apparent low bidder's bid documents, it is staff's recommendation that the City Council find that the apparent low bidder is non-responsive for a failure to provide complete information on Part 1 and Part 2 of the Bidder's List of Subcontractors, and for an irregularity on the total bid amount listed in the Bid. A letter was sent to Vance Corporation on June 1, 2011, advising them of the City's receipt of a bid protest, and a determination finding their bid non-responsive (see Attachment 2). 2 City Council Staff Report June 15, 2011 - Page 3 Indian Canyon Drive Widening (City Project 01-25) It is recommended that the City Council determine the apparent low bidder as non- responsive, and award this contract to the apparent second low bidder as the lowest, responsive bidder. The lowest, responsive bidder recommended by staff is Griffith Company, whose principal officers are: Thomas L. Foss, President/CEO; Jaimie R. Angus, Ex. Vice President; and Gordon M. Csutak, Vice President/CFO/Secretary. FISCAL IMPACT: This project is funded with a $2,199,000 federal STP grant, of which $1,936,000 remains available for construction ($263,000 was used for the design phase). The local match is funded by Regional Measure A funds. Expenditures to encumber the contract will be made as follows: 261-4491-50216: $1,936,000 134-4497-50216: $929,821.50 No local miscellaneous or General Funds will be required for this project. SUBMI 1 I ED: Prepared by: Recommended by: 1,7 Marcus L. Fuller David J. Barakian Assistant Director of Public Works Director of Public Works/City Engineer Approved by: David H. Ready, C' A, g er !� Attachments: 1. Griffith Company Bid Protest Letter 2. City Response to Bid Protest Letter 3. Agreement J c COMPANY CORPORATE OFFICE May 27, 2011 3050 E.Birch Street Brea, CA 9282' [7141 984-5500 City of Palm Springs Fax 17141 854-9754 Marcus L. Fuller,P.E.,P.L.S. 3200 E. Tahquitz Canyon Way EAKERSNELD DISTRICT Palm Springs, CA 92262 1898 Sou,h Uninn Ave P.O Bnx 701S7 Ba4er5field,CA 933°7.0157 Dear Mr. Fuller, [6611 831-7331 Fax 166i1 831-0113 Griffith Company is writing this letter because the apparent low bidder,Vance Corporation's, bid proposal was not responsive. Los ANGELES DISTRICT 12200 Blcomfield Ave Santa Fe Springs,CA 90670 We protest the award of the Indian Canyon Drive Widening to Vance Corporation for (5621 929-1128 the following reasons: =ex[562]864-8970 • Vance Corporation did not List Subcontractors in conformance with Section 2- 2020 South Yale Street ORANGE COUNTY DISTRICT 1.054 and Section 2—Proposal Requirements and Conditions. The Santa Ana,CA 92704-3974 Address/Location of the subcontractors listed was not provided by Vance 1714] 549-2291 Corporation(See Attachment A). In addition,the majority of the information Fax[7141 549-4033 requested on the Bidder's List—Part-I was left blank. STRUCTURE DIVISION . Section 2 of the Contract Specifications required the bidder to list all 3050 E Birch Street Brea,CA 92821 subcontractors, "regardless of the amount of work-" Vance Corporation did 1714]984-5500 not list a subcontractor for the following Portions of work: Fax 17'41 854-0227 a. Concrete Pavement—bid items 20 HEAVY DmsK7N b. Rebar—bid item 22 3050 E Birch Street Brea,CA 92821 c. Joint Seal (Type A)—bid item 21 17141 984-5500 d. Minor Concrete--bid items 25, 26, 27 Fax(7141 854-0228 e. Fencing—bid items 29,38,39 f. Underground/Drainage System work—bid item24 UNDERGROUND DIVISION g. Survey—included in various items 2050 F,Birch Street Brea,CA 92821 h. Hydroseeding/Erosion Control (Type D)—bid item 16 [7 14]984-5500 i. Electrical—bid item 36 Fax[7141 854-0226 wvyw,9riffl-ncompanynet Special license are often required to perform Electrical Work(item 36) and Landscaping Work(item 36). According to the information available to us Contractors from the Contractors State License Board, the Low Bidder does not hold a C- License 088 10 (Electrical)License or a C-27(Landscape)License(See Attachment B), It is clear that Vance Corporation bid proposal did not follow the additional requirements for Subcontractor Listing as defined in Section 2 of the �I , i r.11r•.,_ GRIFFITH COMPANY CORPORATE OFFICE S05C E Birch Street Project Specifications(See Section 2-Page 1,2-1 General,Paragraph 2, in Brea, CA 9282' BOLD). [7141 984-5500 Fax[7141 BS4-9754 • Regarding the UDBE and DBE goals for the Project, Section 2—Proposal p p4KERSFIEtD DISTRICT Requirements and Conditions requires the Bidder to include in their proposal 1898 South Un on Ave the name and address of"each DBE subcontractor to be used for credit in Po Box 70157 meeting the goats."Vance Corporation did not list any UDBE or DBE at Bakerstield,CA 93387-0157 bid time-, r therefore,the cannot et an credit towards the UDBE/DBE goals (6611831-7331 g y Fax[6611 831-0113 (See Section 2-Page 1, 2-1 General,Paragraph 2). Los ANGELES DISTRICT Furthermore,many of the Public Agencies that have established a UDBE/DBE 1 12200 Blcomfield A•ie program would not accept/pass a Good Faith Effort that resulted in zero Santa Fe Springs,CA 90670 DBFJUDBE credit/participation. Caltrans is a prime example of one of these 1562J 929-1128 Fax 15621 864-8970 agencies. ORANGE COUNTY DISTRICT • The"Bidder's List of Subcontractors (DBE and Non-DBE)-Part II"was 2020 South We Strect left Blank(See Attachment Q. Santa Ana CA 92704-3974 17141 549-2291 Fax[7141 549.4033 • Page 19 of the bid package, Item number 10 was left blank(See Attachment D). STRUCTURE DIVISION 3050 E.Birch Street . The total amount of the bid did not match the summation of the unit totals(See Brea,CA 92821 Attachment E). [7141 984-5500 Fax 17141 854-0227 For these reason, we conclude that Vance Corporation's proposal is not responsive. HEAVY DIVISION ' 3Q50 E Birch Street Should you have any question regarding this matter,please contact me at 562-929- Brea, CA 92821 1128. ;7141 984.5500 Fax[714]854-3228 RespecAtfulllJy, UNOERGRpUNO DIVISION C �JJ // j�r L 3050E Birch Street Brea,CA 02821 Ryan Aukerman (1141 984-55CO Fax[7141 854-0226 District Manger Southern Region Griffith Company w',vw gnfflt4r=ompangnet contractors , License#88 l 1 i 3 �� Ji SIDP at'SS LW OF 8UBCOWRACTu (DBE and NON-913E)»PAKa E ��"frrruy+o T /17--' eJ The bid&r sihRll l+:st 4H stA)a-4-dms 0A DBE a[d ftm-M nr. is€ (bme rAith Sedon.3-1-054 of the 9tmm1aW.%x-cificvi=mid per Tide 49,Swdon 26.11 of-6e Code i f FedaW 1-teLaibtinP&'ems fiw i.(g is; =u kada6m to DEE Sdor.,fuzsctuts hie in&e pmp=L Photxvr Ais farm for itiowl ram • -, F�f[t.P�m�aet - , ,,.. ][Fe_� :�n�m� - .�y'-�-.vim-nc- -;xx�. 4,Work to be Peilm-med 5f7. tFE:7h1E - .. _ tsi _ ti �. ph= Ud51 :. _Y.,,.. .. ,._.... . . . •? CA R Fc$.,m t 0E ; � C��,'ate s�"e ❑3'#33 me�E�n .—..._+___-�_�..-.-...-. .�..,.-...__...,,,-,..�, .-...,,...,i.....u.-.,..,. � 1€f'• . odsw— E ©-als G2w;5r,rm ZP Q 4Jj l Ei�atii$ _ IJdv°'� ©ass arm= tQHtSS U U f I}ia4llau�s:�3prE�t-L�cr3�_,I� INUM CANYON DR.WIDENM CITY PROJECT NO.01-26 April 4,2411 BIDDER'S LIST OF SUBCONTRACTORS—PART I BID FORMS-PACE 7 i Check a license,Contractors State License Board Page 1 of 2 Department of Consumer,I alrs Contractors State L11 a card Contractor's License Detail - License # 414567 DISCLAIMER:A license status check provides Information taken from the CSLB license database.Before relying on this Information,you should be aware of the following limitations, -W CSLB complaint disclosure Is restricted by law(80 7124.6)If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint sndlor legal action information, A3 Per B&P 7071,17,only construction related civil Judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there maybe relevant information that has not yet been entered onto the Board's license database, License Number 414567 Extract Date: 5/20/2011 VANCE CORPORATION •.,.,r,..,..,.w,,r..... ._ ..,.. � ,...�....�..... ..,....�,�..,w,......._..�._.,,.�.V..._,._ 2271 N LOCUST AVENUE Business Information RIALTO,CA 02377 _., B_uslness Phone Number:(g09,j35Cr4333 Entl _... _...__..__. .__• porallon tY Cor _ ._._._._..._._ _ Issue Date Expire Date '!1/30/2011 License Status This license Is current and active.All information below should be reviewed. Additional Status: { CLASS DESCRIPTION classifications; A TNN�GENERAL ENGINEERING CONTRACTOR C31 CONSTRUCTION ZONE TRAFFZ OONTRM CONTRACTOR'S BOND This license filed Contractor's Bond number 5106533 in the amount of$12,600 with the bonding company SAFECQ INSURANCE COMPANY OF AMF�P4QA, Effective Date:01/01/2007 Contra*y's Bondilig Jflptory Bonding: - BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMO)THOMAS VERNER EUGENE certified that he/she owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying individual Is not required. Effective Date; 11/14/2008 $�i'$Bonc�9�-Ii�tprY Workers'Compensation: This license has workers compensation Insurance with the OLD REPUBLIC GENERAL INSURANCE CORPORATION https://www2.eslb.ca.gov/OnlineServices/ClieckLicenscII/LicenseDetail.aspx?LicNum--41,.. 5/26/2011 7 I ! Check a Tense-Contractors State License Board Page 2 of 2 I Policy Number:A1CW85541000 Effeative Date:07/01/2010 Expire Date:07/01/2011 Workers'Compensation History ..___�._.._....... ...__..............__ .DATE DESCRIPTION �. .. Miscellaneous Information: 04/08/2011 HAZ CERTIFICATION REMOVED Personnel listed on this license�currerd or disassociated)are listed on other licenses. Personnel List Other Licenses Conditions of Usg(Privacy P9)icy Copyright 0 2010 State of California I • I I • I I https://www2.cslb.ca.gov/OnlineS ervices/CheekLicenseIT/LicenseDetail.aspx7LieNum=41... 5/26/2011 f + BWORERS UsT OF SUBMWRACTORS(ovx aid NOW©EME)-PART 11 'header bail kt alsabconirw=ww p av+iled a quote w bad bW wm W wIe to- -Scipft as a sRbooukatka on ft gojw�t TAP.49,Snfi=26 of m-n Adr�ess# Fax 3 Qt i tie of Por#io�a of Work to be ormed r I__I«3+nTik" _ Up - — - — -- N _ NOW U 25 to - { U F._. {l csis—m ..,..,..........�.� .. _..-.. - .........._..- _•..err -- - } Ir.{?$UTM Asa'1.�'a�3�"'�.•��iapnry I . I INDIAN CANYON DR.WIDENING CITY PROJECT NO.01-25 APO 4,2011 BIDDER'S LIST OF SUBCONTRAOTORS-PART 11 510 FORMS-PAGE 8 } t BIDDER`S GENERAL INFORMATION(Continued) 8. Number of years experience as a contractor in this specific type of construction work: 29yrs D. List at least three related projects completed to date: a. OwnerCity of Victorville Address 14343 Civic Center Dr:.; Nidtorvill.a, .CA ContactJohn A. McGlade Class of Work xoadwaay Reconstruction Phone(760)955-5157 ContractAmount t1t409,853.00 2010 Reconstruct project Roadway Project 'Date Completed Decembers 2910 ,Contact Person John McGJ.ade Telephone number (760)955�5157 b. "owner city of i4dio Address lo0 Civee Center Mall, Tudio CA ContaCtAdrienne E. Dunffee Class of Work Street Rehabi j] 'pation Phone (760)541 -4251 Contract Amount$st172,577,5� Street Rehabilitation Project pbAiR 7 Date Completed 14ay; 20-9,9 Contact Person Adrienne :,.* •,Telephone number (760)541-4251 uuttttee District 8th Construction Unit 522 c. Owner Caltrang Address 790 Via LataA Ste 100, Colton is CA 92324 { Contact Fred Alipanah ClaSS017WOrk Pavement &DA Xoed Widening Phone (909)283-8274 Contract Amount t1,099.. 829_00 Project gCf, 4 Joahue Tree Date Completed DiAraGhBr. 2008 . Widening 08-476804. Contact Person Fred Aiipanaffelephone number (909)783w8274 1 D. List the name and title of the person who will supervise full-time the proposed work for your firm: _ Y _ 4 1 1. • Is full-time supervisor an employee x contract services ? i; 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer, s` • r. • C l F ' c [; INDIAN CANYON 1DR.WIDENING EXHIBIT 15G1-LOCAL AGENCY-BIDDER UDRE COMMITMENT CITY PROJECT NO.01-26 BID FORMS-PAGE 19 April 4,2011 _J BID SCHEDULE-REVISED(ADDENDUM NO.2) (Continued) INDIAN CANYON DRIVE WIDENING CITY PROJECT NO.01-2B FEDERAL AID PROJECT S t PLN 5282(023) Item Description Estlm2ited Unit Unit Amount Ita Quantity, Price '^ 36. Pavement Marker(Retiactive) 1,780 EA $ $ c� 36, 4"Condult 200 LF $y - , Qt l 94 37. Mobifizat on' LS $ 1 38. 4'Pedestrian Swing(Bate 2 EA $ /=0I 30- •20'Vehicular Double Swing Gate _ 2 EA pp, $ � c c l 40. Maintain Traffic .... LS j.5(2j 002 P 41. Clearing and Drubbing --., LS 42. Storm Water Pollution Control Measures ... LS $ Project Mitigation Measures �j -� � '' ! -43. (Environmental Commltrnents Record) -- _ LS P , ,s -/ 'p,- -. 44. Biological Mitigation Measures --- LS $ ./��Ra� 00 45. Air Qualify&Dust Control Manures --- LS Poo. TGT-A L-.OF-AL-L-1-TEMS•CF-TN€BID-SEHiw Ut,E; ._ Yin qa9res) (prl fist �! QUANTITIES OF WORK: % ' In The quantities of work or material stated In the unit price items of the Bid Sohedule are supplied 0111y to give an iltr cation ofthe•general scope of the Work.The City does not expressly nor by Imploalron agree that the actual amounts ofmork or material will correspond therewith.and reaervea the tight after award to Increase or decrease the quantity of-any unit- `" price bid item, by an amount up to 26 percent of inorease or decease,without a change in the unit prices, and shall have the right to delete any bid item in its entirety,and receivafull credit in to arrrount shown In the laid Schedule forthe deleted item of Work. Vance Corporation ' Nanie of Bidder or Firm INDIAN CANYON DR.WIDENING CITY PROJECT NO.01-23 BID SCHEDULE Apr0 4,2D11 'BID FORMS-PAGE 3 '-'S41Y[RYft�:^e. ..•�— .R�; ..ti �.--••w..- . -_s4 e-•ec'.:-nCaa.•r•. .,"1'-s..,.,.c 4 - ACV1 vo n of PALM s City Springs of Palm S rin s Department of Public Works and Engineering 3200 East Tahquitz Canyon Way-Palm Springs,California 92262 -ogAtED�p * Tel:(760)323-8253•Fax:(760)322-8360-Web:%"vw.palmspringsca.gov C�[1 :0� ?� VIN tivWJ June 1, 2011 Via US Certified Mail Via Facsimile: (909) 355-4339 Via E-Mail: cmcintosh@vancecorp.net Verner E. Thomas, President Vance Corporation 2271 North Locust Avenue Rialto, CA 92377 Re: City of Palm Springs--Indian Canyon Drive Widening Project No. 01-25 Bid Protest Submitted by Griffith Company Dear Mr. Thomas: On May 24, 2011, Vance Corporation ("Vance") submitted a bid in response to the City of Palm Springs' ("City") call for bids for the above-referenced project. After an initial review, Vance was the apparent low-bidder. Subsequently, on May 27, 2011, the apparent second low- bidder, Griffith Company ("Griffith"), submitted a protest requesting that Vance's bid be rejected by the City as non-responsive to the bid specifications. The City has thoroughly reviewed the bid submitted by Vance and City staff has found that Vance's bid is non-responsive to the bid specifications for the following reasons: 1. The Bidder's List of Subcontractors (DBE and NON-DBE) — Part i submitted by Vance lists only two subcontractors and fails to provide their addresses as specifically required by the specifications. In fact, Vance failed to provide any of the requested information beyond the name of the subcontractor and the description of the work to be performed. In addition, the Bidder's List of Subcontractors (DBE and NON-DBE) — Part II submitted by Vance was blank, even though on May 27, 2011, Vance submitted a completed form that included 18 subcontractors, As a result, the City must conclude that this form was not completed as required by the specifications. Section 2-1.054 of the Standard Specifications states that, Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. Further, Section 2-1 of the Special Provisions states, 1 � i Mr.Verner E. Thomas June 1,2011 Page 2 In addition to the subcontractors required to be listed in accordance with Section 2-1.054, 'Required Listing of Proposed Subcontractors," of the Standard Specifications. each proposal shall have listed therein the name and address of all subcontractors, regardless of the amount of work, and each DBE subcontractor to be used for credit in meeting the goals, and to whom the bidder proposes to directly subcontract portions of the work. The bid submitted by Vance does not comply with these provisions. 2. After the initial review of the bid that was submitted by Vance it was determined that the bid amount listed on page 3 of the Bid Schedule did not match the total of the bid items. The amount Vance listed in both numbers and words was $2,756,625.75. The actual total of the bid items is $2,773,625.75. Section 2-1.06 of the Standard Specifications states, Proposals may be rejected if they have been transferred to another bidder, or if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind, (Emphasis added). In the present case, and as specifically pointed out above, the bid submitted by Vance was both incomplete and also contains at least one major irregularity. As a result, City staff will recommend at the June 15, 2011, City Council meeting that the City Council find Vance's bid non-responsive and further recommend that it be rejected. in addition, City staff will recommend that the City Council award the project to the apparent second lowest bidder Griffith Company. If you have any questions, please feel free to contact me at (760) 323-8253, extension 8744, or by e-mail at Marcus.Fuller@palmspringsca.gov. Sincerely, Marcus L. Fuller, P.E., P.L.S. Assistant Director of Public Works/ Assistant City Engineer cc: David Barakian James Donich Craig Gladders Doug Holland Jay Thompson file t � 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 Griffith Company, a California corporation, 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: INDIAN CANYON DRIVE WIDENING CITY PROJECT NO. 01-25; FEDERAL AID PROJECT STPLN 5282 (023) The Work comprises the widening of Indian Canyon Drive between Tramview Road and the Union Pacific Railroad (through the Whitewater River), including: clearing and grubbing; earthwork, excavation, imported borrow, and backfill; asphalt concrete pavement; concrete pavement; structural concrete; minor concrete; bar reinforcing steel; reinforced concrete pipe; 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 $4,750 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. INDIAN CANYON DR,WIDENING AGREEMENT FORM t CITY PROJECT NO 01-25 AGREEMENT AND BONDS-PAGE 1 April 4,2011 ARTICLE 3 -- CONTRACT PRICE $2,865,821.50 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 15G1 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 02, 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 INDIAN CANYON DR WIDENING AGREEMENT FORM S - CITY PROJECT NO 01-25 AGREEMENT AND BONDS-PAGE 2 April 4,2011 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 INDIAN CANYON DR.WIDENING AGREEMENT FORM t r� CITY PROJECT NO,01-25 AGREEMENT AND BONDS-PAGE 3 April 4,2011 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: Griffith Company Check one:_Individual_Partnership XCorporation Address: 12200 Bloomfield Avenue Santa Fe Springs, CA 90670 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 F-ss County of Lss 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: INDIAN CANYON DR.WIDENING AGREEMENT FORM CITY PROJECT NO,01-25 AGREEMENT AND BONDS-PAGE 4 I April 4,2011