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HomeMy WebLinkAbout3/5/2008 - STAFF REPORTS - 2.I. ppLM SA y c� V N x* ��eeonieo n^� `FOR City Council Staff Report March 5, 2008 CONSENT CALENDAR Subject: AWARD OF CONTRACT FOR THE CIVIC DRIVE STREET IMPROVEMENTS PROJECT, CITY PROJECT NO. 07-10 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY This fiscal year the City has been awarded Community Development Bock Grant (CDBG) funds to construct street improvements on Civic Drive north of Tahquitz Canyon Way. Award of this contract will allow staff to proceed with this public project. RECOMMENDATION: 1) Approve Agreement No. in the amount of $93,860.00 with B & T Works. Inc. for the Civic Drive Street Improvements Project, City Project No. 07-10; and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: City Council approved the use of 2007/2008 CDBG Funds for construction of street improvements on the west side of Civic Drive from Tahquitz Canyon Way to Livmor Avenue, including the closure of the Livmor Avenue connection as approved by City Council February 6, 2008, The project plans have been prepared by Engineering Resources of Southern California, Inc. and the specifications by City staff. On February 8, 2008 and February 15, 2008, the project was advertised for bids, and at 2:00 p.m. on March 4, 2008, the Procurement and Contracting Manager received construction bids from the following contractors: 1. B & T Works, Inc. $ 93,860.00 2. Tri Star Contracting, Inc. $ 94,111.50 3. Contreras Construction Company $ 96,865.00 4. International Pavement Solutions, Inc. $100,631.50 5. D & L Wheeler Enterprises $102,535.00 6. Elite Bobcat Service. Inc. $106,000.00 7. Westcon Construction Group, Inc. _ $109,197.35 City Council Staff Report March 5, 2008 - Page 2 Civic Drive Street Improvements (CP 07-10) 8. Simon Contracting $113,462.00 9. G & M Construction $118,349.00 10. Imperial Paving Co., Inc. $143,841.50 The Engineer's Estimate was $93,000. The low bid was submitted by B & T Works, Inc., which is a California Corporation, located in Wildomar, California, and its principal officer is Giovanni Nanci, President/Secretary/Treasurer- The City Council's award of this project is important in continuing to help the City to meet the U. S. Department of Housing and Urban Development's (HUD's) timely expenditure standard. This action will show evidence of progress within the fiscal year on this project, which is important in that the project represents 26% of the total 2007/2008 CDBG entitlement budget. The HUD performs a "snapshot" of the City's expenditure rate of CDBG Funds on April 30, 2008 which is the statutory measurement standard by which the City's performance is judged. With this award, it is intended to have the project completed by the end of this fiscal year. FISCAL IMPACT: There is no fiscal impact to the General Fund. This project is entirely appropriated through CDBG Fund Account No. 137-4808-63587 (Public Works Civic Drive Street Improvements) and Gas Tax Fund Account No. 133-4298-50190 (Residential Traffic Speed Reduction). SUBMITTED: David J. Barakian Thomas J. Wil Director of Public Works/City Engineer Assistant City Manager David H. Ready, City Manager Attachments: 1. Agreement AGREEMENT THIS AGREEMENT made this day of 2008, 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 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: CIVIC DRIVE STREET IMPROVEMENTS CITY PROJECT NO. 07-10 The Work is generally described as follows: Construction of asphalt concrete pavement; crushed miscellaneous base; Portland cement concrete sidewalk, curb and gutter, driveway, and access ramps; and all appurtenant work on Civic Drive between Tahquitz Canyon Way and Livmor Avenue 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 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 $576 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. CIVIC DRIVE STREET IMPROVEMENTS AGREEMENT FORM CITY PROJECT NO.07-10 AGREEMENT AND BONDS-PAGE 1 2/A✓08 ARTICLE 3 -- CONTRACT PRICE 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, 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 to , 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. CIVIC DRIVE STREET IMPROVEMENTS AGREEMENT FORM CITY PROJECT NO.07-10 AGREEMENT AND BONDS-PAGE 2 214/08 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 CIVIC DRIVE STREET IMPROVEMENTS AGREEMENT FORM CITY PROJECT NO.07-10 AGREEMENT AND BONDS-PAGE 3 2/4/08 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: Check one:_Individual_Partnership _Corporation Address: By: By: Signature(notarized) Signature (notarized) Name: Name: Title: Title: (This Agreement must be signed in the above space by (This Agreement must be signed in the above space by one of the following: Chairman of the Board, President one of the following: Secretary, Chief Financial Officer or or any Vice President) any Assistant Treasurer) State of ) State of ) County of __Ass 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: CIVIC DRIVE STREET IMPROVEMENTS AGREEMENT FORM CITY PROJECT NO,07-10 AGREEMENT AND BONDS-PAGE 4 2/4108 2.J. AWARD OF CONTRACT FOR THE CIVIC DRIVE STREET IMPROVEMENTS PROJECT, CITY PROJECT NO. 07-10: RECOMMENDATION: 1) Approve an agreement for the Civic Drive Street Improvements Project, a Fiscal Year 2007-08 CDBG Project, City Project No. 07-10, bid opening has been set for Tuesday, March 4, 2008; and 2) Authorize the City Manager to execute all necessary documents. A THE BID OPENING HAS BEEN SET FOR 2:00 P.M., TUESDAY, MARCH 4, 2008 CDBG FUNDING MATERIALS TO FOLLOW Item No. 2 . I .