HomeMy WebLinkAbout9/26/2017 - STAFF REPORTS - 1.I. ?ALM sA4
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°q`'F°R`'`P City Council Staff Report
DATE: September 26, 2017 CONSENT CALENDAR
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO CONDOR, INC., A
CALIFORNIA CORPORATION, IN THE AMOUNT OF $384,000 FOR THE
PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR
PROJECT, CITY PROJECT NO. 16-06
FROM: David H. Ready, City Manager
BY: Engineering Services Department
SUMMARY
Award of this contract will allow the City to proceed with construction of the Palm
Springs Swim Center Replaster and Pool Repair Project, City Project No. 16-06.
RECOMMENDATION:
1. Award a construction contract (Agreement No. ) to Condor, Inc., a California
corporation, in the amount of $384,000 for the Palm Springs Swim Center Replaster
and Pool Repair Project, City Project No. 16-06;
2. Authorize the City Manager to approve and execute construction contract change
orders up to an additional amount of$38,400; and
3. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
As part of the Fiscal Year 2016/17 budget, the City Council appropriated $250,000 from
the Measure J Capital Project Fund for the Palm Springs Swim Center Replaster and
Pool Repair Project, City Project No. 16-06 (Project).
The Palm Springs Swim Center is located at 405 S. Pavilion Way, in the Sunrise Plaza
complex adjacent to the Leisure Center (Figure 1). The Swim Center features an
Olympic-size swimming pool and is open to the public 7 days a week all year round for
lap swimming and recreational swimming. The Swim Center offers several aquatic
programs such as aquatic exercises and swim classes, as well as serving as the
primary swimming pool facility for the Piranha Swim Team.
ITEM NO. ' -4'
City Council Staff Report
September 26, 2017-- Page 2
Award Construction Contract for CP16-06
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Site Location
Figure 1
In 2008, the Swim Center was replastered through a public works capital project. The
project involved removing the existing plaster, repairing the existing expansion joints
and replastering the entire swimming pool. The project also included replacing all of the
existing tiles, line anchors and scum gutter caps. The replastering of the Swim Center
is a reoccurring maintenance effort and is necessary every 10-15 years as part of
continual upkeep to ensure the facility is available for year round use.
Last year, the Engineering Services Department was notified of a problem caused by
water leaking at the Swim Center. An initial site investigation determined that the
primary suspect for the leak is the expansion joints. Subsequent investigations by
underwater dye testing confirmed significant leaking caused by the deteriorating
expansion joints. Based on this information, staff requested proposals from the city's
on-call civil engineering firms to prepare contract documents (plans and specifications)
for the Project. It should be noted that a temporary fix to reduce the amount of water
02
City Council Staff Report
September 26, 2017-- Page 3
Award Construction Contract for CP16-06
loss is currently being implemented, consisting of a two-part putty applied at the
expansion joints in the pool.
On September 21, 2016, in accordance with their on-call agreement, the City Manager
authorized Harris & Associates (Harris) to proceed with preparation of design plans and
specifications at a total cost of$21,965.
The scope of work includes but not limited to obtaining Desert Water Agency
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temporary service and meter, draining of the pool, removing existing plaster to the
gunite, removing and reinstalling existing bulk-head, replacing existing expansion joints
and joint tiles, crack and leak repairs, high-pressure water blasting, hypo washing,
surface preparation, plastering, minor tile work (as-needed), curing, clean-up, filing of
the pool, and all appurtenant work. An image of the construction drawing is shown in
Figures 2.
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Palm Springs Swim Center
Figure 2
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City Council Staff Report
September 26, 2017 -- Page 4
Award Construction Contract for CPI 6-06
The contract documents (plans and specifications) prepared by Harris have been
reviewed and approved by the City's Engineering Services Department. The County of
Riverside Department of Environmental Health has also reviewed the project under its
Pool and Spa Renovation procedures.
On July 13, 2017, the City held its first bid opening for the project, but only received one
bid from California Commercial Pools, Inc. in the amount of $495,000. On that basis, the
City Council rejected the bid on July 26, 2017, and authorized staff to re-bid the project.
On August 3, 2017, the Notice of Inviting Bids was released to the general contracting
community and was published in the Desert Sun on August 51h and 12th in accordance
with the City's bidding procedures. Subsequently, on September 7, 2017, the
Procurement and Contracting Division received two construction bids from the following
contractors:
-Company Location Bid Amount
Condor, Inc. El Monte, CA $384,000.00
California Commercial Pools, Inc. Glendora, CA $525,900.00
The engineer's estimate for the Project as reported to the City Council on June 7, 2017,
was $255,000; a full bid summary is included as Attachment 1.
Public Works Contractor Registration Law(SB 854)
Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854
(2014), unless registered with the State of California Department of Industrial Relations
(DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal
submitted for public works projects on or after March 1, 2015. Similarly, a public entity
cannot award a public works contract to a non-registered contractor, effective April 1,
2015. Staff has reviewed the DIR's contractor registration database, and has confirmed
that Condor, Inc., is registered with the DIR, and is appropriately licensed.
Condor, Inc., of El Monte, California submitted the lowest responsive bid. Staff
reviewed the bid, references, and contractor's license, and found the Contractor to be
properly licensed and qualified. A construction contract with Condor, Inc., for the
Project is included as Attachment 2.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires prime contractors to use good faith efforts to sub-contract the supply
of materials and equipment to local business enterprises and to sub-contract services to
businesses whose work force resides within the Coachella Valley. Condor, Inc., is not
considered a local business, however, has demonstrated sufficient evidence of good
faith efforts to sub-contract 10% of construction supplies from local business
enterprises.
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City Council Staff Report
September 26, 2017-- Page 5
Award Construction Contract for CP16-06
City Council Approval of Contingency Funds
Staff recommends that the City Council delegate authority to the City Manager to
approve and execute construction contract change orders up to an additional amount of
$38,400. Staff will carefully evaluate any additional or extra work claims presented by
Condor, Inc., and if valid, submit to the City Manager for his approval. In this way, work
can proceed uninterrupted as staff administratively process construction contract
change orders up to the authority specifically authorized herein by the City Council.
Closure of Swimming Pool
The project will require the closure of the City's swimming pool, which is scheduled
between the Thanksgiving and Christmas holidays. Parks & Recreation staff have
coordinated with all users of the City's swimming pool regarding the pending closure.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are
required to include a list of classes of projects which have been determined not to have a
significant effect on the environment and which are exempt from the provisions of CEQA.
In response to that mandate, the Secretary for Resources identified classes of projects
that do not have a significant effect on the environment, and are declared to be
categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects
consist of repair, maintenance, or minor alteration of existing public facilities involving
negligible or no expansion; therefore, the Palm Springs Swim Center Replaster and Pool
Repair Project, City Project No. 16-06, is considered categorically exempt from CEQA,
and a Notice of Exemption has been prepared and filed with the Riverside County Clerk.
FISCAL IMPACT:
A total of 250 000 is current) budgeted for the Project through Measure J Capital
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Project Fund (Fund 260).
Staff recommends that the City Council appropriate an additional budget of $230,193
from the contingency reserve fund held for Measure J Projects in the Capital Project Fund
Account No. 261-1395-50000 for the Project. The Project budget and incurred
expenditures are listed in Table 1.
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City Council Staff Report
September 26, 2017-- Page 6
Award Construction Contract for CP16-06
Table of Project Costs Amount
FY16/17 Measure J Fund (260) $250,000
Design Services $21,965
Project Administration (through 9/7/17) ($10,828
Project Administration (Estimated) $5,000
Construction Inspection Estimated $20,000
Construction Contract $384,000
Construction Contingency $38,400)
Additional Budget Required $230,193
Table 1
With the City Council's approval of the additional budget of $230,193 from the
contingency reserve fund held for Measure J Projects in the Capital Project Fund,
sufficient funding will be available in Account No. 260-4500-59498 to award the
contract.
SUBMITTED:
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Thomas Garcia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S.
City Engineer Assistant City Manager
David H. Ready, Esq ,
City Manager
Attachments:
1. Bid Summary
2. Construction Contract
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ATTACHMENT ?
07
PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID
CITY PROJECT NO. 16-06
BID SUMMARY Bid Opening: September 7, 2017
LUMP SUM BID SCHEDULE QUANT. UNIT CONDOR, INC. CALIFORNIA
DESCRIPTION COMMERCIAL POOLS, INC.
The scope of work of this Lump Sum Bid Schedule comprises replastering and pool
repairs at the Palm Springs Swim Center.The scope of work shall include, but not limited
to, obtaining Desert Water Agency temporary service and meter,draining of the pool,
removing existing plaster to the gunite, removing and reinstalling existing bulk-head,
replacing existing expansion joints and joint tiles, crack and leak repairs, high-pressure
water blasting, hypo washing, surface preparation, plastering, minor tile work(as-
needed), curing, clean-up,filing of the pool,and all appurtenant work as identified for the
City of Palm Springs Swim Center Re-Plaster&Pool Repairs Revised Construction
Drawing,as identified on Drawing Sheet A2.1 as illustrated in the Construction
Plan,Special Provisions, and all other applicable General Notes, details, and 1 LS $384,000.00 $525,900.00
associated information shown on the Drawings.
Special Note:All work identified on the Construction Drawings, and required by the
Special Provisions, shall be furnished, complete in place, including all associated trades,
furnishing all fixtures and furnishings, construction of all site improvements, and
completing all associated work necessary to deliver the improvements in complete
working order. In submitting this Lump Sum Bid,the Bidder acknowledges that there will
be no separate or additional payment made for completing the work required hereunder
this Bid Schedule.
TOTAL= I $384,000.00 I $525,900.00
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ATTACHMENT 2
09
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this _ day of 2017, 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 Condor, 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
For and in consideration of the payments and agreements to be made and performed by
City, Contractor agrees to furnish all materials and perform all work required to complete
the Work as specified in the Contract Documents, and as generally indicated under the
Bid Schedule(s)for the Project entitled:
PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID
CITY PROJECT NO. 16-06
The scope of work identified in the original bid documents advertised on June 8,
2017 has changed. The amended scope of work for the replastering and pool repairs at
the Palm Springs Swim Center located at 405 S. Pavilion Way includes draining, removing
and reinstalling the bulk-head, surface preparation, crack and leak repairs, plastering,
minor tile work (as needed), curing, clean-up, and filing of the pool.
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 specified in Section 6-9 of
the Special Provisions 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.
PALM SPRINGS SWIM CENTER REPLASTER
AND POOL REPAIR PROJECT REBID AGREEMENT FORM
CITY PROJECT NO. 16-06 AGREEMENT AND BONDS-PAGE 1
AUGUST 3,2017
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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
Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change
Orders approved by the City. The amount of the initial contract award in accordance with
the Contractor's Bid Proposal is Three Hundred Eighty Four Thousand Dollars
($384,000).
Contractor agrees to receive and accept the prices set forth herein, as full compensation
for furnishing all materials, performing all work, and fulfilling all obligations hereunder.
Said compensation shall cover all expenses, losses, damages, and consequences arising
out of the nature of the Work during its progress or prior to its acceptance including those
for well and faithfully completing the Work and the whole thereof in the manner and time
specified in the Contract Documents; and, also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the
Work, suspension of discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work.
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, Local Business Preference Program — Good Faith Efforts, Non-
Discrimination Certification, Non-Collusion Declaration, 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, and all
Construction Contract 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 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by
the City, the Contractor agrees to furnish all materials and perform all work required for
the above stated project, and to fulfill all other obligations as set forth in the aforesaid
Contract Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the
materials, complete the Work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the Contract Price herein identified, and
hereby contracts to pay the same at the time, in the manner, and upon the conditions set
forth in the Contract Documents.
PALM SPRINGS SWIM CENTER REPLASTER
AND POOL REPAIR PROJECT REBID AGREEMENT FORM
CITY PROJECT NO. 16-06 AGREEMENT AND BONDS-PAGE 2
AUGUST 3,2017
11
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and
Labor Code requirements specified in the Contract Documents, including the requirement
to furnish electronic certified payroll records directly to the Labor Commissioner (via the
Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per
diem wages as determined by the Director of the Department of Industrial Relations of the
State of California.
ARTICLE 6 -- 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 City Engineer as provided in the Contract Documents.
ARTICLE 7 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice
between the parties, 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 8 -- INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the City, and all of its officers and
agents from any claims, demands, or causes of action, including related expenses,
attorney's fees, and costs, based on, arising out of, or in any way related to the Work
undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of
Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced
and made a part hereof.
Prevailing Wages. Contractor agrees to fully comply with all applicable federal and
state labor laws including, without limitation California Labor Code Section 1720, et
seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or
non-payment of prevailing wages under California law, and Contractor hereby agrees to
defend, indemnify, and hold the City, its officials, officers, employees, agents and
volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws.
ARTICLE 9 -- NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not
discriminate against any employee or applicant for employment because of race,
religion, color, sex, age, marital status, ancestry, national origin, sexual orientation,
gender identity, gender expression, physical or mental disability, or medical condition.
Contractor shall ensure that applicants are employed, and that employees are treated
during their employment, without regard to their race, religion, color, sex, age, marital
status, ancestry, national origin, sexual orientation, gender identity, gender expression,
PALM SPRINGS SWIM CENTER REPLASTER
AND POOL REPAIR PROJECT REBID AGREEMENT FORM
CITY PROJECT NO. 16-06 AGREEMENT AND BONDS-PAGE 3
AUGUST 3,2017
12
physical or mental disability, or medical condition. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
ARTICLE 10 -- 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 art hereto, its partners, successors, assigns, and legal
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representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
SIGNATURES ON NEXT PAGE
PALM SPRINGS SWIM CENTER REPLASTER
AND POOL REPAIR PROJECT REBID AGREEMENT FORM
CITY PROJECT NO.16-06 AGREEMENT AND BONDS-PAGE 4
AUGUST 3,2017 Z 3
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IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL:
CALIFORNIA
Date
By
David H. Ready
City Manager Agreement No.
ATTEST:
By
Kathleen D. Hart
Interim City Clerk
APPROVED AS TO FORM:
By
Edward Z. Kotkin
City Attorney
RECOMMENDED:
By
Thomas Garcia, P.E.
City Engineer
PALM SPRINGS SWIM CENTER REPLASTER
AND POOL REPAIR PROJECT REBID AGREEMENT FORM
CITY PROJECT NO.16-06 AGREEMENT AND BONDS-PAGE 5
AUGUST 3,2017 14
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CONTRACTOR
By: Condor Inc., a California Corporation
Firm/Company Name
By: By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of
that document.
(This Agreement must be signed in the above (This Agreement must be signed in the above
space by one having authority to bind the space by one having authority to bind the
Contractor to the terms of the Agreement.) Contractor to the terms of the Agreement.)
State of ) State of )
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 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 b his/her/their signatures(s) on the and that by his/her/their signatures(s) on the
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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:
PALM SPRINGS SWIM CENTER REPLASTER
AND POOL REPAIR PROJECT REBID PAYMENT BOND
CITY PROJECT NO. 16-06 AGREEMENT AND BONDS-PAGE 6 15
AUGUST 3,2017