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Date: May 4, 2011 CONSENT CALENDAR
Subject: AWARD OF CONTRACT FOR THE SAFE ROUTES TO SCHOOL
CYCLE 8, STATE FUNDED PROJECT, CITY PROJECT NO. 09-07
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The City received a $349,920 state grant for construction of certain infrastructure
improvements designed to increase the safety of students walking and bicycling to
school, as well as education, enforcement and encouragement activities. Award of this
contract will allow staff to proceed with this year's safe routes to school project.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $391,382.50 with DBX, Inc., a
California corporation, for Bid Schedules A through D, inclusive, of the Safe
Routes to School - Cycle 8 State Funded Project, City Project No. 09-07; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On April 12, 2009, the Public Works and Engineering Department ("Department"), with
support from the Palm Springs Unified School District, submitted an application to the
state of California through its Department of Transportation ("Caltrans") for state funding
through Cycle 8 of the State Safe Routes to School ("SR2S") program. Specifically, the
Department requested funding for a "Palm Springs Student Safety Project" to construct
certain infrastructure improvements designed to increase the safety of students walking
and bicycling to school, as well as education, enforcement and encouragement
activities. The Department requested $349,920 in state funding for a total project cost
estimated at $388,800 (or 90% funding pursuant to the SR2S program).
Cycle 8 of the SR2S Program provides $24.25 Million in state funding for projects in
Fiscal Year 2009/2010 throughout the entire state. A total of 455 applications were
submitted to Caltrans, and 106 projects were selected based on SR2S program criteria.
ITF,1 ',lO,0—
City Council Staff Report
May 4, 2011 - Page 2
Safe Routes to School Project(City Project 09-07)
The Department's application was one of only six projects in the entire Caltrans District
8 area (Riverside/San Bernardino counties) to be selected for funding; and only one
other local Coachella Valley city (Rancho Mirage) also received funding through this
program.
The project focuses on improvements around Cielo Vista, Cahuilla, Katherine Finchy
and Vista del Monte elementary schools, and will include the following:
• Painting new "zebra stripe" crosswalks at various intersections;
• Painting new bicycle lanes at various locations;
• Installation of new pedestrian and other roadway signs;
• Construction of new sidewalks, curb ramps, and crossing islands;
• Installation of new pedestrian count-down and audio signals at signalized
intersections;
• Installation of LED rapid-flash beacons at pedestrian crossings;
The Department has prepared the plans and specifications for this project. The project
includes construction of new sidewalk and ADA access ramps along the east side of
Calle Santa Cruz from Sunny Dunes to Calle De Ricardo, and on the south side of
Francis Drive from Via Miraleste to Sunnyview Drive; crosswalk striping and stop bar
striping at several intersections; installation of solar powered and push button activated
rapid flash beacons and advance warning signs at six intersections; and installation of
audio and countdown signals at three intersections at the following elementary schools:
Cielo Vista, Cahuilla, Vista Del Monte, and Katherine Finchy. The project will also include
curb and asphalt concrete removal and reconstruction, driveway and barrier curb
construction, sign relocation and installation, water meter adjustments, and all
appurtenant work.
On March 2, 2011, the City Council approved the plans and authorized bidding. On
March 10 and 17, 2011, the project was advertised for bids, and at 3:00 p.m. on April
12, 2011, the Procurement and Contracting Division received construction bids from the
following four contractors:
1. DBX, Inc. $391,382.50
2. 4-Con Engineering, Inc. $463,977.50
3. PTM General Engineering Services, Inc. $472,174.00
4. J.D.C. Inc. $502,580.00
The Engineer's Estimate was $290,000. With receipt of all four bids in excess of the
engineer's estimate, it appears that construction costs may have previously reached
record low levels and are beginning to increase as a result of a recovering economy.
Another factor may be related to increasing costs for oil and oil based materials (asphalt
.concrete pavement).
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City Council Staff Report
May 4, 2011 - Page 3
Safe Routes to School Project(City Project 09-07)
The lowest, responsive bidder is DBX Inc., whose principal officers are Jim Perry,
President/Secretary/Treasurer.
FISCAL IMPACT:
Funding for this project is made available through Safe Routes to School, Cycle 8 grant
funds in account 261-4491-50284 and local Measure A funds in account 134-4498-
50283. Expenditures to encumber the contract will be made as follows:
261-4491-50284: $283,320.00
134-4498-50283: $108,062.50
No local miscellaneous or General Funds will be required for this project.
SUBMITTED:
Prepared by: Recommended by:
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 David H. Ready, qtrNWager
Attachments:
1. Agreement
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AGREEMENT
THIS AGREEMENT made this day of in the year 2011, 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 DBX, Inc., 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
Schedules of the City's Contract Documents entitled:
SAFE ROUTES TO SCHOOL— CYCLE 8
CITY PROJECT NO. 09-07
The Work is generally described as follows:
The Work comprises the construction of new sidewalks, curb ramps, curb and gutter,
audio and visual countdown signals, solar powered pedestrian activated in-pavement
lighted crosswalks, beacons, thermoplastic zebra stripe crosswalks, stop bars,
advanced warning signs, and related improvements in the vicinity of Vista Del Monte,
Cielo Vista, Cahuilla, and Katherine Finchy Elmentary Schools in Palm Springs.
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$690.00 for each
calendar day that expires after the time specified in Article 2, herein.
SAFE ROUTES TO SCHOOL-CYCLE 8 4
CITY PROJECT NO.09-07
2/28/11
ARTICLE 3 -- CONTRACT PRICE $391,382.50 for Bid Schedules A, B, C and D
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 00
to 00, 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.
SAFE ROUTES TO SCHOOL-CYCLE 8 J
CITY PROJECT NO.09-07
2/28/11
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: CITY OF PALM SPRINGS,
CALIFORNIA
By APPROVED BY THE CITY COUNCIL:
City Clerk
APPROVED AS TO FORM: Date
By
City Attorney Agreement No.
Date
CONTENTS APPROVED:
BY
City Engineer
Date
By
City Manager
Date
SAFE ROUTES TO SCHOOL-CYCLE 8
CITY PROJECT NO.09-07
2/28/11
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: Check one: _Individual—Partnership _Corporation
Name: DBX, Inc._
Address: 42024 Avenida Alvarado#A
Temecula, CA 92590
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 a State of F'
County of nss County of uss
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:
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