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City Council Staff Report
December 17, 2008 CONSENT CALENDAR
Subject: AWARD OF CONTRACT FOR THE INDIAN CANYON DRIVE AT
TAMARISK ROAD TRAFFIC SIGNAL INSTALLATION, CITY PROJECT
NO. 06-12, FEDERAL AID PROJECT HSIPL-5282(028)
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
In April 2007, the Public Works and Engineering Department submitted an application to
Caltrans for a federal Highway Safety Improvement Program (HSIP) grant to construct a
new traffic signal at Indian Canyon Drive and Tamarisk Road. Award of this contract
will allow staff to proceed with construction of this new traffic signal.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $165,204 with DBX, Inc., for the
Indian Canyon Drive at Tamarisk Road Traffic Signal Installation, City Project No.
06-12, Federal Aid Project HSIPL-5282(028); and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
In April 2007, the Public Works and Engineering Department submitted an application to
Caltrans for a federal Highway Safety Improvement Program (HSIP) grant to construct a
new traffic signal at Indian Canyon Drive and Tamarisk Road. The HSIP is a program
to provide federal funding for traffic improvements that will address safety issues. In the
period of January 2000 to September 2006, there were a total of 20 injury collisions and
11 non-injury collisions at the Indian Canyon Drive /Tamarisk Road intersection. At this
intersection, sight distance is severely limited at the northeast corner due to limited
right-of-way and insufficient set-back between the curb and garden wall of the adjacent
residence. The limited sight distance prevents drivers from adequately seeing
southbound drivers on Indian Canyon Drive. In order to address the sight restriction,
the City installed traffic signage prohibiting westbound left-turn vehicles onto Indian
Canyon Drive. However, many of the collisions at this intersection were a direct result
Item No. 2 • J .
City Council Staff Report
December 17, 2008 - Page 2
Indian Canyon Drive at Tamarisk Road Traffic Signal
of drivers disobeying the westbound left-turn restriction onto Indian Canyon Drive, and
colliding with southbound vehicles on Indian Canyon Drive.
Given the high rate of collision history at this intersection, in addition to other factors,
this intersection met warrants for a traffic signal. In June 2007, Caltrans approved the
City's request for HSIP funding for a new traffic signal at this intersection, approving the
$242,000 total project cost and the corresponding 90% ($217,800) federal grant.
On September 23, 2008, Caltrans approved the City's request for authorization to
commence construction of this new traffic signal. The plans and specifications were
prepared by Department staff, and on, October 1, 2008, the City Council approved the
plans and specifications and authorized construction bidding. On November 6 and 13,
2008, the project was advertised for bids, and at 2:00 p.m. on December 9, 2008, the
Procurement and Contracting Division received construction bids from the following
contractors:
1. DBX, Inc.; Temecula, CA; $165,204
2. TDS Engineering; Westlake Village, CA; $175,934
3. Sierra Pacific Electrical Contracting, Riverside, CA; $186,727
4. Moore Electrical Contracting, Inc.; Corona, CA; $192,912
5. Steiny and Company, Inc.; Baldwin Park, CA; $194,444
6. PTM General Engineering Services, Inc.; Riverside, CA; $199,099
7. California Professional Engineering; $212,954
The Engineer's estimate for this project was $206,370.
The low bid was submitted by DBX, Inc., a California corporation. The corporate officers
are: Jim Perry, President/Secretary/Treasurer; and James C. Perry, Vice President.
FISCAL IMPACT:
Funding for this project is available in the following accounts: 134-4498-50252 and 261-
4491-50252. Federal funding of 90% of construction costs up to a maximum of
$217,800 is available from the HSIP grant; local Measure A funding will be used to
cover the local share of 10% of construction costs. No general funds will be used for
this project.
L ?
City Council Staff Report
December 17, 2008 - Page 3
Indian Canyon Drive at Tamarisk Road Traffic Signal
Submitted:
David J. Barakian Thomas J. W�Son
Director of Public Works/City Engineer Assistant City Manager
David H. Ready
City Manager
Attachments:
1. Agreement
C'
AGREEMENT
THIS AGREEMENT made this day of 200 , 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 PBX. 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
Schedule(s) of the City's Contract Documents entitled.
INDIAN CANYON DRIVE AT TAMARISK ROAD TRAFFIC SIGNAL INSTALLATION
CITY PROJECT NO. 06-12; FEDERAL AID PROJECT HSIPL-5282(028)
The Work comprises the installation of a new traffic signal and electrical system complete,
with associated improvements at the intersection of Indian Canyon Drive and Tamarisk
Road; traffic striping and signage; removal and replacement, and construction of various
concrete improvements; 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 $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 AT TAMARISK RD TRAFFIC SIGNAL AGREEMENT FORM
CITY PROJECT N0,86-12 AGREEMENT AND BONDS-PAGE 1
7114/08
ARTICLE 3 -- CONTRACT PRICE $166,204.00
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
and Bid Schedule($).
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,
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 0 to 0 , 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.
INDIAN CANYON DR AT TAMARISK RD TRAFFIC SIGNAL AGREEMENT FORM e�
CITY PROJECT NO.06-12 AGREEMENTAND BONDS-PAGE Z V 5
7/14108
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, 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
INDIAN CANYON DR AT TAMARISK RD TRAFFIC SIGNAL AGREEMENT FORM
014 PROJECT NO 06-12 AGREEMENT AND BONDS-PAGE 6 I
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: PBX Inc. a California cor oration Check one:_Individual_Partnership X Corporation
Address: 42066 Avenida Alvarado, Suite C
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 LJ State of El
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 helshe/they executed acknowledged to me that helshe/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 AT TAMARISK RD TRAFFIC SIGNAL AGREEMENT FORM
CITY PROJECT NO.06.12 AGREEMENT AND 13ONDS-PAGE 4
7114108
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