HomeMy WebLinkAbout6/17/2009 - STAFF REPORTS - 2.L. U City Council Staff Repo
Date: June 17, 2009 CONSENT CALENDAR
Subject: AWARD OF CONTRACT FOR THE ARABY CIRCLE DRAINAGE
IMPROVEMENTS PROJECT NO. 07-16
From: David H. Ready, City Manager
Initiated by: Public works and Engineering Department
SUMMARY
Approval of this item will award the construction contract for installation of
drainage improvements at the east end of Araby Circle to rectify a long standing
drainage issue.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $69, 204.00 with
Contreras Construction Co. Inc., for the Araby Circle Drainage
Improvements, City Project 07-16.
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Over the past several years Engineering staff has been actively pursuing a
design that would rectify a long standing drainage problem that exists for the
residents at the east end of Araby Circle adjacent to the Palm Canyon Wash.
Drainage flows down the public street and due to the channel levee and block
wall, has no outlet and therefore ponds onto the adjacent property. The design
as initially proposed, was to construct a storm drain with an outlet through the
levee into the wash, which is maintained by the Riverside County Flood Control
and Water Conservation District (RCFCWCD). Staff pursued permission to
construct this drain through the encroachment permit process with RCFCWCD,
however in July, 2008, just before the time when a permit was expected, district
staff reconsidered the permission and informed us that a different design would
need to be pursued. This was due to district staff fearing backflow into the public
street at times when the Palm Canyon Wash was flowing in a condition where
the water surface was at a significant depth in the channel. Staff therefore
redesigned the improvements such that the drain would outlet into a series of
drywells to be maintained by City staff.
Item No. 2 . L .
The plans and specification were prepared by Department staff, and on April 30
and May 7, 2009, the project was advertised for bids, and at 2:00 p.m. on June 2,
2009, the Procurement and Contracting Division received construction bids from
the following contractors:
1. Contreras Construction; Indio, CA; $69,204.00
2. Dateland Construction; Indio, CA; $72,908.00
3. Tri Star Contracting Inc.; Desert Hot Springs, CA; $76,435.00
4. G & M Construction; Palm Springs, CA; $77,970.00
5. KZC Construction Inc.; Riverside, CA; $83,000.00
6. TBU Inc.; Beaumont, CA; $89, 555.00
7. Way Service Inc.; Cherry Valley, CA; $94, 959.00
S. NPG Corporation; Perris, CA; $98,910.00
9. JH Thompson and Sons; Bermuda Dunes, CA; $104,435,00
10. International Pavement Solutions; Mentone, CA;$105,390.00
11. MCZ Construction Inc.; Redlands, CA; $128,753.00
12, Kelly's Underground and Co.; Apple Valley, CA; $130,854.00
13. Granite Construction Co.; Watsonville, CA; $136,660.00
14. O'Connell Engineering; Winchester, CA; $397,214.50
The Engineer's estimate for this project was $90,000.00
The lowest responsive bidder is Contreras Construction Co., Inc. The company is
a California corporation and its officers are: Enrique Contreras, President; and
Ruben Contreras, Secretary.
FISCAL IMPACT:
Sufficient funds are available in Gas Tax Accounts 133-4298-50250 (Araby
Drainage) and 133-4298-50242 (City Wide Curbs). No local funds are required
for this project.
�U
David J. Barakian Thomas J. Wilson
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, C er
ATTACHMENTS:
1. Agreement from specifications
, v
AGREEMENT
THIS AGREEMENT made this day of , 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
Schedule(s) of the City's Contract Documents entitled:
ARABY CIRCLE DRAINAGE IMPROVEMENTS
CITY PROJECT NO. 07-16
The Work is generally described as follows:
Removal of existing roll curb and asphalt concrete pavement, and construction of new roll
curb, asphalt concrete pavement, catch basin, storm drain and drywell system, located at
the east end of Araby Circle.
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 $675 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.
ARABY CIRCLE DRAINAGE IMPROVEMENTS AGREEMENT FORM
CITY PROJECT NO.07-16 AGREEMENT AND BONDS-PAGE 1
4127109
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 Contractors 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 1 to
2, 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.
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.
ARABY CIRCLE DRAINAGE IMPROVEMENTS AGREEMENT FORM
CITY PROJECT NO.07-16 AGREEMENT AND BONDS-PAGE 2
4/27/09
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
APPROVED BY THE CITY COUNCIL:
ATTEST:
CITY OF PALM SPRINGS,
CALIFORNIA Date
By Agreement No.
City Clerk
APPROVED AS TO FORM:
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
ARABY CIRCLE DRAINAGE IMPROVEMENTS AGREEMENT FORM
CITY PROJECT NO.07-16 AGREEMENT AND BONDS-PAGE 3 L1
arvios
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 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 _ State of L
County of 1 Iss 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:
Notary Seal: Notary Seal:
ARABY CIRCLE DRAINAGE IMPROVEMENTS
CITY PROJECT NO.07.16 AGREEMENT FORM
4/2710e AGREEMENT AND BONDS-PAGE 4