HomeMy WebLinkAbout12/19/2007 - STAFF REPORTS - 2.T. ;O'VALM S.,
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4/FOP City Council Staff Report
December 19, 2007 CONSENT CALENDAR
Subject: AWARD OF CONSTRUCTION CONTRACT FOR THE VILLAGE FEST
BOLLARD INSTALLATION PROJECT PHASE II, CITY PROJECT NO.
05-25
From. David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Currently, the City of Palm Springs holds regular events in the roadway in the downtown
business district. Many of these events invite pedestrians to congregate in the roadway.
The current method for closing the roadway during these events is to place metal and
wood barricades across the road. This method conforms to standards for construction
zones, but does not provide protection from errant vehicles that might run out of control
and crash through the barricades. The National Transportation Safety Board (NTSB) is
recommending that City's provide a rigid physical barrier to prevent errant vehicles
entering these types of events authorized in the roadway. Specifically, the NTSB
identifies the use of rigid steel bollards as a method of meeting these safety
requirements. Award of this contract will allow staff to proceed with this project.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $141,993- 3 with Simon
Contracting, for the Village Fest Bollard Installation Project, Phase II, City Project
No. 05-25; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On July 16, 2003, a vehicle collision occurred at The Third Street Promenade in Santa
Monica, resulting in many fatalities and serious injuries. As a result of this incident, the
National Transportation Safety Board (NTSB) investigated Santa Monica's use of traffic
control to protect the public within the street, and determined that rigid barriers that
prevent errant vehicles from entering the street are necessary. The NTSB report on the
incident specifically mentions rigid steel, concrete or similar type bollards as a means to
ITEM NO. �'
City Council Staff Report
December 19, 2007 - Page 2
Village Fast Bollards Installation Project, Phase II (CP 05-25)
prevent vehicles from accidentally driving through traffic control set up to close off
streets for public events.
Village Fest is among one of several public events held in Palm Canyon Drive, and has
been operating for many years without a major incident. However, the incident in Santa
Monica proves that the potential for a serious traffic accident is possible when the public
is invited into the street, and inadequate controls are present to prevent vehicles from
entering the roadway. In an effort to avoid such an event, and in accordance with the
NTSB findings, staff recommends the installation of steel bollards across Palm Canyon
Drive at Amado Road.
Investigation by staff found steel bollards that could be installed in place in the street
within sleeves, and operated with pneumatic assisted lift by means of a pressurized air
piston. The bollards would be recessed within their sleeve, flush with the pavement,
until needed for traffic control when they are manually lifted with pneumatic assist and
locked into place. It was determined that eleven (11) bollards would be required for
installation across Palm Canyon Drive at Amado Road. Other locations on Palm
Canyon Drive will be protected by parking City vehicles across the roadway to prevent
errant vehicles from entering the street.
The project specifications have been prepared by the Public Works and Engineering
Department staff, and on November 7, 2007, the City Council approved the
specifications and authorized staff to advertise for construction bids. This project will
provide and install the new bollards. On December 4, 2007, the Procurement and
Contracting Division received construction bids from the following contractors:
1. Simon Contracting; Indio, CA: $141,993.43
2. G & M Construction; Palm Springs, CA: $150,500
3. Pulliam Construction Co., Inc., 29 Palms, CA, $161,770
4. ACR Concrete & Asphalt Construction, Inc.; Huntington Beach, CA: $162,000
5. Dateland Construction Co., Inc.; Indio, CA: $181,150
The low bid was submitted by Simon Contracting. The company is a California limited
partnership. The Engineer's estimate was $130,000.
000062
City Council Staff Report
December 19, 2007- Page 3
Village Fest Bollards Installation Project, Phase II (CP 05-25)
FISCAL IMPACT:
Sufficient funds are available in account 261-1395-54050.
SUBMITTED:
LLIIV' .
David J. Barakian Thomas J. Wils
Director of Public Works/City Engineer Assistant City Manager
r
David H. Ready,
City Manager
Attachment:
1. Agreement
AGREEMENT
THIS AGREEMENT made this day of in the year 200 , by and
between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by vim ue
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 Schodule(s) of the City's Contract
Documents entitled:
VILLAGE FEST BOLLARD INSTALLATION-PHASE 2
CITY PROJECT NO.05-25
The Work is generally described as follows:
Saw out asphalt and form and pour P.C.0 foundation for the installation of manually assisted lift security bollards,
provide and install bollards and asphalt concrete paving,
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 $ 576.00 for each calendar day that expires after the time specified in Article 2, herein.
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 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.
AGREEMENT FORM
AGREEMENT AND BONDS- PAGE 1
00000�
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 he binding an 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 thin 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.
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
City Clerk
APPROVED AS TO FORM:
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
AGREEMENT FORM
AGREEMENT AND BONDS-iFn V
APPROVED BY THE CITY COUNCIL:
Minute Order No. Date
Agreement No.
AGREEMENT FORM
AGREEMENT AND BONDS- PAGE 3
0000 IS
CONTRACTOR: Check one:Individual _Partnership ^ `Corporailon
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or
any Vice President AND B. Secretary. Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial
Officer.
By By
SIGNATURE NOTARIZED SIGNATURE NOTARIZED
Name: Name:
Title: Title,
Address: Address.
State of State of
County of County of
On before me On before me
personally appeared personally appeared
personally known to me (or proved to me on personally known to me (or proved to me on
the basis of satisfactory evidence) to be the the basis of satisfactory evidence)to be the
person(s) whose name(s) is/are subscribed person(s) whose name(s) lslare subscribed
to the within instrument and acknowledged to the within instrument and acknowledged
to me that helshclthey executed the same in to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and his/her/their authorized capacity(ies) and
that by his/her/their signature(s) on the that by his/her/their signature(s) on the
instrument the person(s), or the entity upon instrument the person(s), or the entity upon
behalf of which the persons) acted, behalf of which the persons) acted
executed the instrument. executed the instrument
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature Notary Signature
Notary Seal: Notary Seal:
AGREEMENT FORM
AGREEMENT AND BONDS- H6 0 0 7