HomeMy WebLinkAbout4/15/2009 - STAFF REPORTS - 2.J. OFpALM SA4
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`'FOR City Council Staff Report
Date: April 15, 2009 CONSENT CALENDAR
Subject: AWARD OF CONTRACT FOR THE SAFE ROUTES TO SCHOOL,
STATE FUNDED PROJECT, CITY PROJECT NO. 08 06
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The City received a $329,400 state grant through the Safe Routes to School (SR2S)
program from the California Department of Transportation ("Caltrans") for construction
of new sidewalk and ADA access ramps, and installation of in-pavement lighted
crosswalks, flashing beacons, and warning signs at various locations in the vicinity of
four Elementary Schools. Award of this contract will allow staff to proceed with this
project.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $213,573.00 with Contreras
Construction Co., for Bid Schedules A, B, C, and D for the Safe Routes to School
Project, City Project No. 08-06;" and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS.
In November 2007, the Public Works and Engineering Department applied to Caltrans
for the 7th Cycle of Safe Routes to School (SR2S) program funding for infrastructure
improvements at four elementary schools in Palm Springs. The application provided
details on a collaborative community-based project at four school sites in the City,
designed to increase the safety of students walking and biking to and from school. The
City requested $329,400 in state funding for this project, for a total project cost of
$366,000.
In March 2008, after a competitive review, Caltrans approved the requested funding
amount. More than 480 applications were submitted by local agencies from around the
state, and only 139 were approved for funding-
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City Council Staff Report
April 15, 2009- Page 2
Safe Routes to School (CP 08-06)
The project includes construction of a new sidewalk on the east side of Via Miraleste
between Via Escuela and Racquet Club Road, to provide safe access for students to
walk to Vista Del Monte Elementary School using the flashing beacon at the cross-walk
at Racquet Club Road. The project also includes construction of a flashing beacon with
in-pavement lights and access ramps at the following locations:
1) Paseo Dorotea at Camino San Simeon at Cielo Vista Elementary School
2) Mesquite Avenue west of Calle Palo Fierro at Cahuilla Elementary School
3) Tachevah Drive at Asher Drive at Katherine Finchy Elementary School
Staff has prepared the plans and specifications for bidding this project, and coordinated
with property owners along Via Miraleste regarding the proposed sidewalk construction
and its impact to existing front yard landscaping and other improvements.
On February 18, 2009, the City Council approved the plans and specifications, and
authorized bidding. On February 21 and 28, 2009, the project was advertised for bids,
and at 2:00 p.m. on March 31, 2009, the Procurement and Contracting Division received
construction bids from the following contractors:
1. Contreras Construction Co.; Indio, CA; $213,573
2. Zeus Construction; Palm Desert, CA; $232,910
3. Pouk & Steinle, Inc.; Riverside, CA; $240,753.80
4. PTM General Engineering Services, Inc.; Riverside, CA; $241,265.40
5. Landmark Site Contractors; Perris, CA; $255,880
6. MacKenzie Electric, Inc.; Highland, CA; $269,336
7. JDC, Inc.; Rancho Cucamonga, CA; $259,695
8. Granite Construction Co.; Indio, CA; $262,875.50
9. Terno, Inc.; La Mirada, CA; $264,601
% G&M Construction; Palm Springs, CA; $305,825
The Engineer's estimate for this project was $270,000.
The low bid was submitted by Contreras Construction Co., a California corporation. The
corporate officers are: Enrique Contreras and Ruben Contreras.
FISCAL IMPACT:
This project is funded with 90% in state grant funds through the Safe Routes to School
grant, account 261-4491-50269, and with 10% local matching funds in Local Measure A
account 134-4498-50269. No General Funds are required for this project_
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City Council Staff Report
April 15, 2009- Page 3
Safe Routes to School (CP 08-06)
Submitted:
David J. Barakian Thomas J. Won
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, City Ma
ATTACHMENTS:
1. Agreement
AGREEMENT
THIS AGREEMENT made this day of in the year 2009,
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 Contreras Construction Co. 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
CITY PROJECT NO. 08-06
The Work is generally described as follows:
Construction of solar powered in-pavement lighted crosswalks, beacons and related
improvements at Cahuilla, Cielo Vista and Katherine Finchy Elmentary Schools, and
construction of sidewalk and related improvements on Via Mireleste for Vista del Monte
Elementary School.
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 for each calendar
day that expires after the time specified in Article 2, herein.
ARTICLE 3 CONTRACT PRICE $213,573.00 Bid Schedules A, B, C and D
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
and Bid Schedule(s).
ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California
Department of Industrial Relations, the accepted Bid and Bid Schedule($), 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 01
to 01 , 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 K 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.
f.
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
By Date
City Clerk
Agreement No.
APPROVED AS TO FORM:
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
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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: Contreras Construction Co. Check one: _Individual _Partnership X Corporation
Address: 81-149 Indio Blvd.
Indio, CA 92201
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 space by one of the following: Secretary,
the Board, President or any Vice President) Chief Financial Officer or any Assistant
Treasurer)
State of
County of ) ss State of )
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 acknowledged to me that he/she/they
executed the same in his/her/their authorized executed the same in his/her/their authorized
capacity(ies), and that by his/her/their capacity(ies), and that by his/her/their
signatures(s) on the instrument the signatures(s) on the instrument the person(s),
person(s), or the entity upon behalf of which or the entity upon behalf of which the
the person(s) acted, executed the instrument. person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY I certify under PENALTY OF PERJURY under
under the laws of the State of California that the laws of the State of California that the
the foregoing paragraph is true and correct. foregoing 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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