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% City Council Staff Report
DATE: February 1, 2017 NEW BUSINESS
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO TRI-STAR CONTRACTING
II, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF
$558,994.20 FOR THE DEMUTH PARK ADA ACCESS
IMPROVEMENTS, CITY PROJECT NO. 15-15
FROM: David H. Ready, City Manager
BY: Engineering Services Department
SUMMARY
Award of this contract will allow the City to proceed with constructing accessible
pathways for the Demuth Park ADA Access Improvements, City Project No. 15-15, (the
"Project'). The Project is budgeted from and made possible with funding from the
Measure J Capital Fund.
RECOMMENDATION:
1. Reject the lowest bid received from Aghapy Group, Inc., a California corporation, on
the basis that Aghapy Group, Inc., is not a responsible bidder;
2. Award a construction contract (Agreement No. __) to Tri-Star Contracting II, Inc., a
California corporation, in the amount of $521,098.30 for the Demuth Park ADA
Access Improvements, City Project No. 15-15;
3. Approve Contract Change Order No. 1 in the amount of $29,091.30 replacing the
proposed decomposed granite walkways with Portland cement concrete walkways
for an increased total contract amount of $550,189.60;
4. Delegate authority to the City Manager to approve and execute construction contract
change orders up to the cumulative amount of$50,000; and
5. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Earlier this year, staff requested a proposal from its on-call civil engineering firm, Harris
& Associates, to review Demuth Park and identify appropriate improvements to provide
ITEM NO.
City Council Staff Report
February 1, 2017-- Page 2
Award CP15-15, Demuth Park ADA Access Improvements
access throughout Demuth Park meeting ADA guidelines. On June 8, 2015, in
accordance with their on-call agreement, the City Manager authorized Harris &
Associates to proceed with preparation of design plans at a cost not to exceed of
$24,925.
The initial scope of work was limited to a review of Demuth Park to determine certain
improvements that will be required to provide ADA accessible pathways to baseball and
soccer fields, concessions stands, playground equipment, and on-site parking facilities.
However, it will be important to ensure all accessibility deficiencies are resolved, and
staff recommended that Harris & Associates evaluate all of the site accessibility
deficiencies noted in an Accessibility Survey previously prepared for the City by
Disability Access Consultants.
Many of the deficiencies noted in the Accessibility Survey are related to parking facility
improvements (pavement reconstruction, access ramp enhancements, new signage
and striping), and various facilities enhancements (restrooms, drinking fountains, and
other various items). On December 16, 2015, the City Council authorized an increase of
$14,935 for a total contract amount of$39,860 with Harris & Associates to evaluate and
address all of the ADA accessibility deficiencies (excluding various facility
enhancements) for Demuth Park. Note, various facility enhancements are the subject of
a separate and future phase.
The construction documents (plans, specifications, and estimate) prepared by Harris &
Associates have been reviewed and approved by the Engineering Services Department
in conformance with the recommended improvements identified in the Accessibility
Survey.
The general scope of work consists of the following:
• 6,282 linear feet of new decomposed granite walkways*
• 2,986 linear feet of new concrete walkways
• 13 new access ramps
• 7 modified access ramps
• 2 new switchback ramps (location at concession stands)
• 12 new parking stall bollards
• Modified irrigation system
• Traffic striping and signage
*Decomposed granite walkways were originally proposed and approved as part of this
project to allow for future removal of these walkways in the event the recreational fields
within Demuth Park are relocated; however, given the high cost of these walkways, staff
has negotiated a competitive price with the contractor and recommends that the City
Council approve construction of Portland cement concrete walkways in lieu of
decomposed granite walkways at Demuth Park.
02
City Council Staff Report
February 1, 2017 --Page 3
Award CP15-15, Demuth Park ADA Access Improvements
The location of the Project is shown in Figure 1 on the subsequent page and a vicinity
map is included as Attachment 1.
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Figure 1
On September 7, 2016, the City Council approved the construction documents and
authorized the release for bidding. Subsequently, on October 27, 2016, the Notice of
Inviting Bids was released to the general contracting community and was published in
the Desert Sun on November 10 and November 13, 2016, in accordance with the City's
bidding procedures.
On December 1, 2016, the Procurement and Contracting Division received 11
construction bids from the following contractors:
Company Location Bid Amount
Aghapy Group, Inc. *** Bakersfield, CA $497,740.00
***not responsible
Tri-Star Contracting II, Inc. Desert Hot Springs, CA $521,098.30
STL Landscape, Inc. Los Angeles, CA $539,700.00
Hal Has Construction, Inc. Riverside, CA $545,454.00
S&H Civilworks Colton, CA $576,135.00
Granite Construction Company Indio, CA $592,295.00
EBS General Engineering, Inc. Corona, CA $694,999.00
Hillcrest Contracting, Inc. Corona, CA $748,439.00
L.C. Paving & Sealing, Inc. San Marcos, CA $749,611.55
AToM Engineering Construction, Inc. Hemet, CA $798,398.00
Hardy & Harper, Inc. Santa Ana, CA $939,000.00
The engineer's estimate for the Project as reported to the City Council on September 7,
2016, was $500,000; a full bid summary is included as Attachment 2.
03
City Council Staff Report
February 1, 2017 -- Page 4
Award CP15-15, Demuth Park ADA Access Improvements
Bid Analysis
As part of the City's normal bid review process, staff reviewed all of the bid documents
submitted by the apparent low bidder, Aghapy Group, Inc., ("Aghapy"), to ensure
compliance with the Instructions to Bidders. While Aghapy's bid submittal was
responsive with the Instructions to Bidders, staff's review of the bidder's references
determined poor performance with past-related work. Also, during staff's further
investigation into Aghapy, staff found that the State of California - Department of
Industrial Relations ("DIR"), had filed at least eight (8) cases against Aghapy relating to
civil wage and penalty assessments, accruing over $900,000 in penalty assessments
within the last three (3) years for failure to comply with California Labor Code Sections
1771 and 1774 relating to payment of required prevailing wage rates to workers
employed in the execution of various public works contracts.
Section 1103 of the California Public Contract Code defines a responsible bidder as
"...a bidder who has demonstrated the attribute of trustworthiness, as well as quality,
fitness, capacity and experience to satisfactorily perform the public works contract." In
the City's Special Provisions issued for the Project, the City requires the bidder to
provide certain information by which the City can determine it meets the quality, fitness,
capacity and experience test required by Section 1103. Based on this information, staff
determined that Aghapy was not a responsible bidder.
On December 15, 2016, the City advised Aghapy of its intention to determine that
Aghapy is not a responsible bidder based on the City's investigations into its prior work
performance; a copy of the City's notice is included as Attachment 3. Aghapy
responded through email correspondence to the City's initial determination, and
subsequently, on December 19, 2016, the City responded to and scheduled a hearing
for Aghapy to present its case regarding the City findings; a copy of the City's response
is included as Attachment 4. An administrative hearing with Aghapy was held by the
City Engineer on December 22, 2016. On January 4, 2017, the City advised Aghapy
that its determination had not changed, and that staff would recommend to the City
Council that Aghapy should not be considered a responsible bidder, and that its bid for
the Project be rejected accordingly. A copy of the City's determination letter is included
as Attachment 5.
As a California charter city, pursuant to relevant state and case law, the City Council
retains general authority to award contracts in the best interests of the City. On the
basis that the City Council agrees with staffs recommendation that Aghapy is not a
responsible bidder and rejects the lowest bid submitted by Aghapy, staff recommends
that the City Council approve the bid submitted by Tri-Star Contracting II, Inc., and
determine that Tri-Star Contracting II, Inc., of Desert Hot Springs, California, submitted
the lowest responsive and responsible bid.
04
City Council Staff Report
February 1, 2017 --Page 5
Award CP15-15, Demuth Park ADA Access Improvements
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, 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 Tri Star
Contracting, Inc., is registered with the DIR, and is appropriately licensed.
Tri-Star Contracting ll, Inc., of Desert Hot Springs, California, submitted the lowest
responsive bid; staff reviewed the bid and contractor's license, and found Tri-Star
Contracting ll, Inc., to be properly licensed and qualified. A construction contract with
Tri-Star Contracting Il, Inc., is included as Attachment 6.
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. Tri-Star Contracting
ll, Inc., is considered a local business and has demonstrated sufficient evidence of good
faith efforts to sub-contract the supply of materials and equipment to local business
enterprises.
Contract Change Order No. 7
Construction of the Project includes new walkways with decomposed granite paving.
These walkways require installation of plastic header boards as an edge between the
paving materials and the adjacent turf areas. The concept of constructing new walkways
with decomposed granite paving in lieu of Portland cement concrete was related to a
potential to relocate recreational fields within Demuth Park as part of a future project,
which would require removal and relocation of any new access walkways constructed
now.
The total cost to construct decomposed granite walkways is $113,069.50 and includes a
cost of $4.30 per foot for installation of plastic header board and $2.20 per square foot
for decomposed granite paving. Over time, staff expects the decomposed granite
material to degrade and require future maintenance, with the plastic header board
coming loose and requiring replacement. In reviewing more permanent solutions
requiring minimal maintenance by City staff, staff negotiated with Tri-Star Contracting ll,
Inc., on a cost to construct all new walkways with Portland cement concrete in lieu of
decomposed concrete paving with plastic header boards.
05
City Council Staff Report
February 1, 2017 --Page 6
Award CP15-15, Demuth Park ADA Access Improvements
Staff has successfully negotiated a price with Tri-Star Contracting II, Inc., to construct all
new walkways with Portland cement concrete at an additional cost of $29,091.30; a
copy of Change Order Request No. 1 provided by Tri-Star Contracting II, Inc., is
included as Attachment 7. Staff recommends that the City Council approve Change
Order No. 1 in the amount of $29,091.30 to implement the change in scope to the
project, allowing for permanent concrete walkways throughout Demuth Park.
City Council Approval of Contingency Funds
Staff recommends that the City Council authorize the City Manager to approve and
execute construction contract change orders up to an additional amount of $50,000.
Staff will carefully evaluate any additional or extra work claims presented by Tri-Star
Contracting II, 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.
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 pedestrian trails involving a minor alteration of existing public or private
structures or facilities; therefore, the Demuth Park ADA Access Improvements, City
Project No. 15-15, is considered categorically exempt from CEQA, and a Notice of
Exemption has been prepared and filed with the Riverside County Clerk. A copy of the
filed Notice of Exemption is included as Attachment 8.
FISCAL IMPACT:
In the 2014/15 and 2015/16 fiscal years a total amount of $39,860 was budgeted in the
General Fund — Park Maintenance Department, Account 001-2451-43240 for the design
phase. As part of the 2016/17 fiscal year budget, the City Council appropriated
$500,000 into the Measure J Capital Project Fund, Account 260-4500-59488 for
construction.
Staff recommends that the City Council approve an additional budget of $125,000 from
the contingency reserve fund held in the Measure J Unscheduled Capital Projects,
Account No. 260-4500-50000, for the Project; currently, the balance is $449,245. The
estimated Project budget and incurred expenditures are identified in Table 2 on the next
page.
06
City Council Staff Report
February 1, 2017 --Page 7
Award CP15-15, Demuth Park ADA Access Improvements
Table of Project Costs Amount
FY 14/15 General Fund 001 $24,925
FY 15/16 General Fund 001 $14,935
FY 16/17 Measure J Fund 260 $500,000
FY 16/17 Measure J Fund Additional Budget) $125,000
Design Services $39,860
Project Administration (through 12/22/16 $3,719
Project Administration (Estimated)
$5,000
Construction Inspection Estimated $15,000)
Construction Contract $521,098
Change Order No. 1 29,091
Construction Contingency $50,000
Remaining Budget $1,091
Table 2
With the City Council's approval of the additional budget of $125,000 from the Measure
J Capital Improvement Fund contingency reserve, sufficient funding will be available in
Account No. 260-4500-59488 to award the contract.
SUBMITTED:
arcus L. Fuller, MPA, P.E., .S. David H. Ready, Esq., P
Assistant City Manager/City Engineer City Manager
Attachments:
1. Vicinity Map
2. Bid Summary
3. Notice of Intention to Find Bidder Not Responsible
4. Response to Notice of Intention to Find Bidder Not Responsible
5. Notice of Finding Bidder Not Responsible
6. Construction Contract
7. Change Order No. 1
8. CEQA Notice of Exemption
07
ATTACHMENT 1
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ATTACHMENT 2
10
D,EMUTH PARK ADA ACCESS IMPROVEMENTS
CITY PROJECT NO.15.15
BID SUMMARY Bid Opening:Decemberl,2016
BID SCHEDULEA OUANT. UNIT Aghapy Group Ind. Tnd rContracting ll 3TLLandsoape Hal Hayes Construction SSH Civilworke Granite Construction
BID ITEM ITEM DESCRIPTION UNIT PR TOTAL UNIT PR. TOTAL UNITPR TOTAL UNITPR. TOTAL UNIT Pa. TOTAL UNITPR TOTAL
1 Mobilizalion 1 LS 324,650.00 $24,650. 0 $53,983.00 1153983.00 $40,00000 340,000.00 $41,674.00 $4167400 $10,00000 $10,OW.0 $8,579.00 $8,519.W
2 Temporary Tragic Control 1 LS $2.001 $20W.W $8.916.00 $8,916.00 $1,0000 $1000.00 $2.11500 $2,115.W $2,500.00 $2,50000 $1000.00 $1000.00
3 Water Pollubmn Control 1 LS $S0000 $500.00 $5,116.00 $5,116.00 $150000 $1,50000 $5,4W.00 $5A30.00 $5000.W $5.01 $250.00 $250.00
4 Clearing.Grubdng and Rani 1 LS $8.01 $8,000.00 $85,392.00 $65392.00 $30,01 =,00000 $32,57100 $32,573.W $5000.00 $1 $5000.00 §6WD.00
5(F) Earthi 575 Cy $66.00 $39,1DD.W $31.00 $17825.00 320.00 $11,501 $10800 $62,100.00 $80.00 W.DW00 $6500 $37.375.00
6 Remove Eirang Curb 160 LF $1000 $1,600.00 $6JI) $976.00 $14.00 $2240.00 $1320 $2,112.00 $10.00 $1600.00 S6.00 $960.00
] Remove Ed'nang Sidewak 2,120 SF 1 $9.00 $24,40.00 $1,20 33,264.00 $3.80 $10,336.00 $1.W $2720.00 UM $5,440.00 $2.50 $6,8110.00
8 Remove Easing Curb Ramp 5 EA $1,00.00 $5000.00 $67200 $3,360.00 $1.00.W $5, 00i $39300 $1%5.00 $500.00 $25W.00 $350.W $1.750.00
9 Remare Existing Wheal Stop 1 EA $101 $100.00 $30.00 $30.OD $11T00 $117.00 111 $2W.00 $1W 00 $100.00
10 CoH Mitirg(25'Beep) 350 SY $15.W f5250.00 525.90 $9,W500 I.S. 5168000 $7.30 $2,55500 $450 $1,57500 54.00 $1,400.00
11 Hai Mix Mods 50 TON $120.00 $6,00.00 §22400 $11,200.00 $240.00 $12,000.0 $113W $5,650.00 $150.00 $7,500.00 $4000 $20000.00
12 Construct Concrete Pavernenl 160 Cy $120.00 $19,200.00 $279.10 $44,656.00 5400.00 $64,000.00 $319.W $51,040.00 5800.00 $96,000,00 $375.00 6BO,W0.00
13 Consbucl At Curb 160 tF $30.W $4,800.00 SMAO $5,824.00 $75.00 $1200000 $48,00 $7,60000 Saudi $1280000 545.00 $7200.00
14 Construct T POO Sidewalk 14.930 SF $11.W $164,230.00 $578 $86,29590 $6.00 $89,580.0 $5,20 §77,63600 S8.00 $119440.00 $7.00 $104510.00
15 Construct Type A Curb Ramp 2 EA $1,500.00 $3,000W $2,17100 $4,342.0 $2,900.00 $5800.00 $347800 $6,956.00 $6,W0.00 $12,000A0 $2,100M $4200.00
16 Cpmi Type B Cub Ramp 4 EA $1,00000 $4,000.00 $2.18200 $8,728W $2900.00 $11600.00 $3,25900 $13,036.00 $60000C $240000 $1 $8,400.00
17 Conetmst Curb Ramp(Case A,Type 2) 5 EA $80000 $4.0M.W $2,10100 $10.500.00 $2,900.00 $14,500.00 $3,912.00 $19.51 $6,W0.00 $30,000.00 $1,700.00 30,500.00
18
Construct Curb Ramp (Case D Type I 1 EA $200000 $2,01 $1,65600 $1.656.00 $2,90(3 .W.00 $2,900.00 $3,930 $3.91 $6 011,W0 $6,000.00 $1,200M $1,200.00
MWihed)
19 Combpct Curb Ramp (Casa D. Type 2 1 EA $2000.00 $2,00000 $1710.00 $1.710.00 $2,90000 $2900.00 $3,939,M $3,91 $6,00(100 $6,000.00 $80000 $800.00
Modified)
20 Imaging DDetectaNe Warring Surface(surface 423 SF $35.00 $14,80500 $49.80 $21.W5.40 $45.00 $19,03500 $32.00 $13,536.00 $50.00 121.1500) $40W $16.91
21 Install Parking Stall actual 12 EA 5600.00 S6,00000 $341.W 9409200 3638S0 I7,656.00 $595.00 $7020,00 $50000 $6,00.03 $1 $4200.0
22 Decomposed Grands(a- mck) 31410 SF Si 5125,64000 $2.20 $69,102.00 $180 111111 $305 $95,800.50 $3.00 $94,230.0 $5.30 S166,473W
23 Install 1'z6'Plants Header 10225 LF W60 58135.00 $4.30 $43967.50 $6.W $61,350.00 S350 $35,787,50 $2.00 $20,450.00 $9.00 $92.01
24 Irrlgatpn System 1 LS $3,W0.00 $3000W 54,16400 $4,161.W 940,0W.00 S40,0W00 $1492800 $14,92800 310.OW.W $10,000.W $50W $500,00
25 Traffic$1dgr,9,SlgningBMarhings LS $3,Si g3,500.W $1],12200 $1T,122.W $1],]34W $1],]34.00 51683fi.W 516,636.00 $12.01 $12000.00 g14.403.00 $14 L03.00
26 Fiala Orders 1 AL $18,750.00 $18750.W $18,]50.W 518,]50.W $18150.00 318750.00 $18,]50.W §t8]5000 $18]5000 $10,]50.W $18,750.00 $18,750.00
TOTAL= $497,740.W TOTAL= $524098.30 TOTAL
= $539,TW.00 TOTAL= $545,454.00 TOTAL= $576,135.00 TOTAL= $591
1w 2** 3 4 5 6
NOTE
* NON-RESPONSIBLE BIDDER
** LOWEST RESPONSNE 6 RESPONSIBLE BIDDER
fdit
DEMUTH PARK ADA ACCESS IMPROVEMENTS
CITY PROJECT NO.15.15
BID SUMMARY Bid Opening:December 1,2016
BID SCHEDULEA DUANT. UNIT EBS General Engineering 11IIIcreat Contracting L C.Paving d.Sealing ATOM Engineering Hardy i Harper
BID ITEM FIEM DESCRIPTION UNIT PR. TOTAL UNIT PR TOTAL UNITPR TOTAL UNIT PR TOTAL UNIT PR TOTAL
1 Motlizabon 1 LS $30,00000 $30.000.00 $80,000.00 S8000000 $41,675,00 $41,675.00 $76,147.00 $76.147.00 $23,230.D0 $23230.00
2 Temporary Traffic Control 1 LS $15,000.00 $15,000.00 $8000.M $B MOM $3,9WW $3,9W.00 $9,000.00 S9,000.00 $57,0M.W $57,0W.W
3 Water Pollufron Cordrol 1 LS $5.00000 $5,000.W 870M.W $7OW.W S2.5W.00 S2,500.00 $1150000 $11,500.00 $7,000.W $7,01A.M
4 Clearing,Grubbing and Removals 1 LS $30,000,00 $30,00000 $111W000 $1110W.W $75,000.00 $75,00D.00 $111.500,00 $111,5W.00 $95 OM.00 $950W.0
5(F) Earthwork 575 CY $195.00 $112,125.00 $107.00 %1525.00 $250.00 $143.750,00 $9000 $51750,00 $100,00 $9,5W.W
6 RemovelcxisliWGurb 160 LF $25.00 $4,000.00 $10.00 $1,6W.W $13.50 $2,160.00 $2500 $4,000.00 $3000 $48133,W
7 Remove Exalln,Sidewalk 2.720 SF $4.W $10,880.00 $4.00 $108W.00 $3.75 $10,200.00 $5.50 $14,960.00 $3.00 $8.160.00
B Remove Existing Cum Ramp 5 EA $1500A0 $7,500.00 $800,00 $4,0M.M $185D00 $9,25000 S2,500.00 $12,500.00 $1003.00 $5,000.00
9 Remove E rstirg Wheel Slop 1 EA $50000 $500.00 $300.W $3W.W $25.00 $2500 $890.00 $99000 $5D 00 $50,00
10 Coal Miing(2.5'deep) 35D SY $15.00 $5,250.00 $15.00 $5250.00 $16.00 $5,60000 $18.00 $6,3W.00 $10,00 1 $3,503.00
11 Hot Ma Asphal 50 TON $395.OD $19,750.W S208.W $10,400.00 $275.0 $13,750,00 8995.00 $24.750.W S300.00 $15000,00
12 construct concrete Pavement led CY $290.00 S46400.1)0 $356.00 $56,960.00 $300.00 US OWN $220.00 $35,2W.00 $500.00 $80,000,00
13 Constmn At Cum tE LF $2000 $3200.D0 $25W $4,000.00 $37,50 $6,OM.M $11.W $1,760.00 $30.00 $4,600.00
14 Construct 4"PCC Sidewalk 14930 SF $4,00 $59720.00 $575 $85,847,50 $5.50 M2.115.00 $6.10 $9107300 $800 $119.44000
15 Construct Type A Curb Ramp 2 FA $2BW.W $5,600.W $2,40000 $4,800,00 $2,9W.W $58W.W $7,800.00 $15,600,00 $3,500.W $7.MO 00
16 Conalmd Type B Cum Ramp 4 EA $2.110.W S1 1,200.0 $1.8,30OD $7,200.00 $25W.W $100W.D0 $6,50000 $26000.00 $3.500.W $14.0W.00
17 Cpnspuct Cum Ramp(Case A.Type 2) 5 FJt $2,800.00 $14,000.W $1,800.00 S9,W0.W $3350.00 $16,750.00 $6,10000 $30,500.00 $3,600.00 $17,500,00
1a Construct cum Ramp (case D, Type 1 1 EA $2,800.00 $2,800.00 $1.100.00 $1,100.00 $2,350.00 $2,350.00 $7,300.W $7,30000 $3.50000 $3,500.00
Modified)
19 Conslrucl Cum Ramp (Case D, Type 2 1 EA $2,800.00 $2,800.00 $1,400,00 $1,400,00 $2,350.00 $2,350.00 $6500M $6,500.W $3,500.00 $3,500.00
Modified
Install DetectaNe Wanting SURaee(eurtaee
20 ounled) 423 SF $58.00 $24,53400 $47.00 $19,89100 $44.00 $18,612.00 $4200 $17766.M E50.00 §21,150.00
21 Install Parking Slell Bollerd 12 EA $2000,00 $24,900.00 $WO.00 $7.200.00 $500.M $600000 $675,00 $9,1W.M $500A0 $6000.00
22 De composed Giants(e thick) 31410 SF $4.00 $125,64000 $4.W $135,05300 $aSS $112,"7.80 $4.20 $131922.M $7.00 $219870W
23 Instal 1'x6'Plastic Header 10225 LF $6.00 $61,350.00 $5.70 $58282.50 $6,95 ST1,083.75 $2,80 $29RW 00 $10,00 $102,250.W
24 Inigation Statism 1 LS $25,OW.00 $25,000.00 S24,0M.W $24,000,00 $25,000.00 $25,1)()0.00 $40,00000 $40,01M.W $300133.W $30ODOM
25 Traffic striping,Signing 6 Markings 1 L$ $30.00.00 $0,MO.00 $15,0W.W $15,000.00 $16,563.00 $16,563.00 $16,WO.00 $16,OW.00 $15,OW.00 $15,0W.W
26 Field Orders 1 u $18.75000 $1$750A0 $1B7W.M 118,750.00 $18.750.00 $18,750.W $18,750.00 $18750.00 $18,750.00 S18,7W.W
TOTAL= $694,999.00 TOTAL= $748,439.00 TOTAL $749,611.961 TOTAL= $799,398.00 TOTAL $939,000.00
7 8 9 10 11
leak
ATTACHMENT 3
13
City of Palm Springs
y _*- Engineering Services Department
3200 East Tahquitz Canyon Way•Palm Springs,California 92262
Fi?R Tel:(760)322-8380 • Fax:(760)323-8207•Web:www.paimspringsca.gov
December 15, 2016 Via Facsimile: (661) 589-7916
Via Email: mmichael@agc7.com
Via Certified Mail
Mr. Michael Michael
President& CEO
Aghapy Group, Inc.
10900 Hartland Street
Bakersfield, CA 93312
RE: Demuth Park ADA Access Improvements, City Project No. 15-15
Notice of Intention to Find Bidder Not Responsible
Dear Mr. Michael:
Aghapy Group, Inc., ("Aghapy"), has submitted a bid in the amount of $497,740 to the City of Palm
Springs, (the "City"), in response to the City's solicitation of bids for the Demuth Park ADA Access
Improvements, City Project No. 15-15, (the "Project"), by the required bid date of 3:00 PM, December
1, 2016. The City has reviewed the bid submitted by Aghapy and has determined that although it is
responsive to the Instructions to Bidders, the City's review of references listed by Aghapy in its bid has
determined poor performance with past work, and further investigation has revealed that the State of
California — Department of Industrial Relations, (the "DIR"), has filed eight (8) cases against Aghapy
relating to civil wage and penalty assessments of over$900,000 within the last three (3) years.
On the basis of the City's review of Aghapy's past performance on public works projects, the City has
determined Aghapy is not a responsible contractor, and will be recommending the City Council reject
the bid submitted by Aghapy and award to the next lowest, responsive and responsible bidder. This
letter will identify more fully the basis for the City's determination, and provides Aghapy with the
required notice of the City's determination and an opportunity to be heard to refute any information
on which the City has relied in its finding.
The City's determination that Aghapy is not a responsible contractor is being made consistent with the
legal findings established by the California Supreme Court, (the "Court"), in City of Inglewood-L.A.
County Civic Center Auth. v. Superior Court (1972) 7 Cal.3d 861, P.2d 601. In this legal precedent, the
Court held: "...that prior to awarding a public works contract to other than the lowest bidder, a public
body must notify the low monetary bidder of any evidence reflecting upon his responsibility received
from others or adduced as a result of independent investigation, afford him an opportunity to rebut
such adverse evidence, and permit him to present evidence that he is qualified to perform the contract."
14
Aghapy Group, Inc.
December 15, 2016
Page 2
Section 1103 of the California Public Contract Code, ("Section 1103"), defines a responsible bidder as
"...a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity,
and experience to satisfactorily perform the public works contract." In the City's Special Provisions
issued for the Project, the City has required that bidders provide certain information by which the City
can determine it meets the quality, fitness, capacity and experience test required by Section 1103. We
cite two areas of the Special Provisions where the City's discretion in awarding a contract is identified:
• Paragraph N-3 (a) "Award of Contract," of the Notice Inviting Bids, the City advises all bidders that:
"The City reserves the right after opening bids to reject any or all bids, to waive any informality
(non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder, and
reject all other bids, as it may best serve the interest of the City."
• Section 2 "Competency of Bidders" of the Instructions to Bidders, the City advised all bidders that:
"In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the
financial standing of the Bidder, but also to the general competency of the Bidder for the
performance of the Work covered by the Bid. To this end, each Bid shall be supported by a
statement of the Bidder's experience as of recent date on the form entitled "Bidder's General
Information,"included in these Special Provisions."
The Bidder's General Information form included with the bid submitted by Aghapy lists three project
references:
1. City of Whittier—Off Lease Dog Park; contract amount$912,000; date completed August 2015
2. Jurupa Valley Unified School District — Stone Elementary School Site Prep; contract amount
$672,000; date completed not listed
3. City of Signal Hill — Raymond Arbor Park Improvements; contract amount $62,500; date completed
October 2012
The City uses the project references specifically listed by a bidder on the Bidder's General Information
form as the basis for determining the bidder's past performance on related public works projects. The
City contacted these three references with the following results:
1. City of Whittier: The City initially attempted to contact the City's Project Manager (Mr. Mike
Montoya), however, Mr. Montoya would not provide the City with a direct comment regarding
Aghapy's work performance on this prior contract and referred the City to Whittier's Human
Resources Department for further information. A follow up conversation on December 8 with the
City of Whittier's Human Resources Department failed to provide the City with a positive reference,
and the contact would not provide the City with any specific comments on Aghapy's prior work
performance — only citing an "unsatisfactory experience," and that the City of Whittier would
prefer not to work with Aghapy in the future.
15
Aghapy Group, Inc.
December 15, 2016
Page 3
2. Jurupa Valley Unified School District: The City contacted Mr. Bill Elzig representing the School
District on December 12 regarding Aghapy's work performance on this prior contract. Mr. Elzig
advised the City that Aghapy had exceeded the number of allotted working days in the contract by
almost two (2) months, that Aghapy often pursued additional compensation through Contract
Change Orders, that disputes occurred between Aghapy and the School District's site inspector
requiring the School District to reassign another site inspector to the contract, and that the School
District would prefer not to work with Aghapy in the future.
3. City of Signal Hill: The City contacted Mr. Anthony Caraveo representing the City of Signal Hill on
December 7, and did obtain a positive reference on this prior contract.
The City's investigation of Aghapy's prior performance has identified at least two prior contracts with
public agencies where those agencies admitted issues with Aghapy's performance. This fact causes
concern for the City, in that the City itself has no prior experience with Aghapy on which it can
determine it meets the quality, fitness, capacity and experience test required by Section 1103.
The City performed additional review of Aghapy's "Prequalification & References List" included with its
bid, and noted that the twelve (12) reference letters do not appear to be copies of original reference
letters signed on behalf of and on letterhead from the agency or entity with whom Aghapy had
entered into a prior contract. The purported reference letter from the City of Whittier regarding its Off
Leash Dog Park lists Mr. Mike Montoya and indicates: "They did the job in a workman manner and in
the required time with respect to standard codes per plans and specifications with a budget of
$912,800." This statement contradicts the investigation performed by the City on Aghapy's specific
past performance on the City of Whittier contract.
Further, the purported reference letter from the Jurupa Unified School District regarding its Stone
Elementary School Site Preparation indicates: "Aghapy Construction, Inc. was working as a Prime
Contractor in the above project. Aghapy Construction was able to finish the work with respect to plans
and specification with budget cost$672,000." This statement contradicts the investigation performed
by the City on Aghapy's specific past performance on the School District's contract.
The discrepancies on these two prior contracts and the purported reference letters call into question
the validity of these two letters, as well as the other reference letters provided by Aghapy in its bid.
Finally, the City performed additional investigation to determine Aghapy meets the quality, fitness,
capacity and experience test required by Section 1103, and discovered that the DIR has filed at least
eight (8) civil wage and penalty assessment cases against Aghapy for failure to comply with California
Labor Code Sections 1771 and 1774 relating to payment of required prevailing wage rates to workers
employed in the execution of various public works contracts. The list of cases filed by DIR against
Aghapy is identified in Table 1:
is
Aghapy Group, Inc.
December 15, 2016
Page 4
Case# Project Penalty Assessment Issued
40-35880 Children's Clinic at Hamilton Middle School 12/5/13; $55,976.18
40-41780 Rosamond Park Playground Upgrades 5/21/15; $350,639.67
40-41781 Rosamond Park Playground Upgrades 9/15/14; $7,300
40-42838 KMC—Medical Records Improvement Phase II 6/29/15; $320,996.75
40-45144 Whittier Off Leash Dog Park 2/11/16; $49,120.14
40-45145 Tulare Regional Medical Center 9/9/16; $75,747.62
40-45148 Arrowhead Regional Medical Center Coding& Under Investigation
Reception Remodel
40-45150 Pinon Hills Park Expansion 9/20/16; $79,386.71
Table 1
Based on all of the foregoing, it is the City's determination that Aghapy is not a responsible contractor,
and will not be recommending to the City Council award of a contract to Aghapy for the Project.
You have the opportunity to respond the City's intent to find Aghapy not responsible by submitting a
written request for the City's reconsideration by 5:00 PM, Thursday, December 29, 2016. The written
request for reconsideration must appropriately address the City's findings as stated in this letter, and
why these findings might be inaccurate and should not be used by the City to determine that Aghapy
meets the quality, fitness, capacity and experience test required by Section 1103. The written request
should be directed to:
Marcus Fuller, Assistant City Manager/City Engineer
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
Upon receipt of a written request for reconsideration, the City will provide Aghapy an opportunity to
present its response in person at a hearing before me, at a date and time to be scheduled within 10
business days of receipt of the written request for reconsideration. Failure to submit a written request
for reconsideration by 5:00 PM, Thursday, December 29, 2016, will be considered Aghapy's waiver of
all rights to reconsideration of the City's finding that Aghapy is not a responsible contractor, and the
City shall proceed to award a contract for the Project to the lowest responsive, responsible contractor.
Sincerely,
r
Marcus L. Fuller, MPA, PE, PLS
Assistant City Manager/City Engineer
cc: Douglas C Holland, City Attorney
file 17
ATTACHMENT 4
. 8
City of Palm Springs
t� Engineering Services Department
3200 East Tahquitz Canyon Way•Palm Springs,California 92262
E1ir0 aN�� Tel:(760)322-8380 •Fax:(760)323-8207•Web:www.palmspringsca.gov
December 19, 2016 Via Facsimile: (661) 589-7916
Via Email: mmichael@agc7.com
Mr. Michael Michael
President & CEO
Aghapy Group, Inc.
10900 Hartland Street
Bakersfield, CA 93312
RE: Demuth Park ADA Access Improvements,City Project No. 15-15
Notice of Intention to Find Bidder Not Responsible
Response to Aghapy Construction, Inc. E-Mail
Dear Mr. Michael:
This letter responds to the e-mail communication from Aghapy Group, Inc., ("Aghapy"), dated
December 15, 2016, that was in response to the letter of same date from the City of Palm Springs, (the
"City'), regarding the City's solicitation of bids for the Demuth Park ADA Access Improvements, City
Project No. 15-15, (the "Project"), and the City's initial determination that Aghapy is not a responsible
contractor, and will not be recommending to the City Council award of a contract to Aghapy for the
Project.
The City's letter of December 15, 2016, allow for Aghapy to have the opportunity to respond to the
City's intent to find Aghapy not responsible by submitting a written request for the City's
reconsideration by 5:00 PM, Thursday, December 29, 2016. The written request for reconsideration
was required to address the City's findings as stated in this letter, and why these findings might be
inaccurate and should not be used by the City to determine that Aghapy meets the quality, fitness,
capacity and experience test required by Section 1103.
We will consider your e-mail communication of December 15, 2016, a timely submitted written
request for reconsideration. While your e-mail communication purports to respond to the City's
findings to support its initial determination that Aghapy is not a responsible contractor, we will not be
addressing those responses at this time in this letter.
We have scheduled a hearing for 11:00 AM, Thursday, December 22, 2016, to provide Aghapy an
opportunity to present its case and respond to the City's findings that Aghapy is not a responsible
contractor. The hearing will be held at the Small Conference Room at Palm Springs City Hall, 3200 E.
Tahquitz Canyon Way, Palm Springs, CA 92262. Please check into the front lobby for further directions.
t9
Aghapy Group, Inc.
December 19, 2016
Page 2
You have also requested to review the documents submitted by the second apparent low bidder; we
have provided a copy of the second low bid as requested.
If you are unable to attend the hearing as scheduled, please let us know. If you have any questions,
please feel free to contact me at (760) 322-8380, or by e-mail at Marcus.Fuller@paImspringsca.gov.
Sincerely,
t °441 V ^
Marcus L. Fuller, MPA, PE, PLS
Assistant City Manager/City Engineer
cc: Douglas C. Holland, City Attorney
file
20
ATTACHMENT 5
21
` s
City of Palm Springs
Engineering Services Department
3200 East Tahquitz Canyon Way• Palm Springs,California 92262
' tF0 Tel:(760)322-8380• Fax:(760)323-8207•Web:www.paimspringsca.gov
January 4, 2017 Via Facsimile: (661) 589-7916
Via Email: mmichael@agc7.com
Via Certified Mail
Mr. Michael Michael
President & CEO
Aghapy Group, Inc.
10900 Hartland Street
Bakersfield, CA 93312
RE: Demuth Park ADA Access Improvements,City Project No. 15-15
Notice of Finding Bidder Not Responsible
Dear Mr. Michael:
Aghapy Group, Inc., ("Aghapy"), has submitted a bid in the amount of $497,740 to the City of Palm
Springs, (the "City"), in response to the City's solicitation of bids for the Demuth Park ADA Access
Improvements, City Project No. 15-15, (the "Project"), by the required bid date of 3:00 PM, December
1, 2016. The City has reviewed the bid submitted by Aghapy and has determined that although it is
responsive to the Instructions to Bidders, the City's review of references listed by Aghapy in its bid has
determined poor performance with past work, and further investigation has revealed that the State of
California — Department of Industrial Relations, (the "DIR"), has filed eight (8) cases against Aghapy
relating to civil wage and penalty assessments of over$900,000 within the last three (3) years.
By letter dated December 15, 2016, the City provided formal notice to Aghapy of its intention to
determine that Aghapy is not a responsible bidder. At that time, the City advised Aghapy of its
intention to reject its bid, and award to the next lowest, responsive and responsible bidder. Further,
the City advised Aghapy that its determination that Aghapy is not a responsible bidder was being made
consistent with the legal findings established by the California Supreme Court, (the "Court"), in City of
Inglewood-L.A. County Civic Center Auth. v. Superior Court (1972) 7 Cal.3d 861, P.2d 601. In this legal
precedent, the Court held: "...that prior to awarding a public works contract to other than the lowest
bidder, a public body must notify the low monetary bidder of any evidence reflecting upon his
responsibility received from others or adduced as a result of independent investigation, afford him an
opportunity to rebut such adverse evidence, and permit him to present evidence that he is qualified to
perform the contract."
On December 15, 2016, Aghapy notified the City via e-mail communication of its receipt of the City's
initial determination that Aghapy is not a responsible bidder, and offered the following information:
22
Aghapy Group, Inc.
January 4, 2017
Page 2
1- Whittier OFF leash dog park (Original contract amount is $672k and is extended to $912k due to
several additional works requested by the owner). In addition to that "Human resources dept has
nothing to do with the construction work".
2- Stone ES (Jurupa USD) additional work was added to the contract as directed by the district and
extended time was also authorized by the district to be added to the contract duration.
3- (Aghapy) never got assessed with any liquidated damages due to any project delays, as (Aghapy)
always complete projects prior to their completion date.
4- Most of the civil wages penalties are resolved and the remaining claims should be resolved soon.
Based on the above the city of Palm Springs has no basis to reject(Aghapy's)Bid.
By letter dated December 19, 2016, the City acknowledged receipt of the e-mail communication of
December 15, 2016, from Aghapy, and scheduled a hearing for 11:00 AM, Thursday, December 22,
2016, to allow Aghapy an opportunity to present its case and respond to the City's findings that Aghapy
is not a responsible bidder.
On December 22, 2016, at Aghapy's request in lieu of a personal meeting, the City conducted a
teleconference with Aghapy to allow Aghapy to provide the City with additional information by which
the City can determine that Aghapy meets the definition of a responsible bidder. At that time, Aghapy
refuted the poor performance reviews the City received from the City of Whittier and the Jurupa Valley
Unified School District, noting that Aghapy was not assessed liquidated damages. Aghapy also
addressed the various cases filed against Aghapy by the DIR for failure to pay required prevailing wage
rates, and offered that Aghapy has reach settlement and was negotiating settlement of these cases
with the DIR. Aghapy provided a copy of a Settlement Agreement and Release dated November 12,
2014, between Aghapy and the DIR relating to Case No. 40-35880-313.
Findings
The City has carefully considered all of the evidence relating to Aghapy, including the written
information provided to the City and the oral testimony provided at the teleconference hearing held
on December 22, 2016. As a result of its careful consideration, the City hereby maintains its finding
that Aghapy should not be considered a responsible bidder, and that its bid for the Project be rejected
accordingly.This determination is made based on the following facts:
1. Aghapy failed to provide a reasonable explanation why Aghapy received a poor performance
review from the City of Whittier for the Off Lease Dog Park. Aghapy's suggestion that the City of
Whittier's Human Resources Department "has nothing to do with the construction work" does not
address the issue. The City's investigation into Aghapy's past performance with the City of Whittier
and our contact with the City of Whittier's Project Manager (Mr. Mike Montoya), was referred
23
Aghapy Group, Inc.
January 4, 2017
Page 3
directly to their Human Resources Department, as that Department coordinates risk management
issues for the City.
2. Aghapy failed to provide a reasonable explanation why Aghapy received a poor performance
review from the Jurupa Valley Unified School District for the Stone Elementary School Site
Preparation.
3. Aghapy failed to respond to and address the City's finding that Aghapy's "Prequalification &
References List" included with its bid, and the twelve (12) reference letters do not appear to be
copies of original reference letters signed on behalf of and on letterhead from the agency or entity
with whom Aghapy had entered into a prior contract.
4. Agahpy failed to respond to and address the City's finding that the reference letter provided by
Aghapy in its bid from the City of Whittier regarding its Off Leash Dog Park contradicted the
investigation performed by the City on Aghapy's specific past performance on the City of Whittier
contract.
5. Agahpy failed to respond to and address the City's finding that the reference letter provided by
Aghapy in its bid from the Jurupa Unified School District regarding its Stone Elementary School Site
Preparation contradicted the investigation performed by the City on Aghapy's specific past
performance on the Jurupa Unified School District contract.
6. Aghapy failed to respond to and address why Aghapy has failed to comply with California Labor
Code Sections 1771 and 1774 relating to payment of required prevailing wage rates to workers
employed in the execution of various public works contracts.
7. Although Aghapy has reached settlement with the DIR on one or more cases filed against Aghapy
for failure to comply with California Labor Code Sections 1771 and 1774 relating to payment of
required prevailing wage rates, through further investigation with the DIR the City was advised that
settling a case does not dismiss the case or the violations associated with the case. Further, the DIR
advised the City that the various cases filed against Aghapy represent an egregious example of a
contractor's failure to comply with the state's prevailing wage rate laws.
Section 1103 of the California Public Contract Code, ("Section 1103"), defines a responsible bidder as
"...a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity,
and experience to satisfactorily perform the public works contract." Based on all of the foregoing, it is
the City's determination that Aghapy is not a responsible bidder as defined by Section 1103, and will be
recommending to the City Council that the bid submitted by Aghapy for the Project be rejected
accordingly.
24
Aghapy Group, Inc.
January 4, 2017
Page 4
Sincerely,
Marcus L. Fuller, MPA, PE, PLS
Assistant City Manager/City Engineer
cc: Douglas Holland, City Attorney
file
25
ATTACHMENT 6
26
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 Tri-Star Contracting II, 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:
DEMUTH PARK ADA ACCESS IMPROVEMENTS
CITY PROJECT NO. 15-15
The Work comprises the removal of existing surface materials (earthwork) necessary to
construct accessible walkways throughout Demuth Park located at 4365 Mesquite
Avenue. The scope of work shall include constructing new asphalt concrete pavement,
portland cement concrete pavement, cold milling, curb, sidewalk, curb ramps, detectable
warning surfaces, decomposed granite, signing and striping and modifying existing
irrigation.
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.
DEMUTH PARK ADA ACCESS IMPROVEMENTS
CITY PROJECT NO. 15-15 AGREEMENT FORM
OCTOBER 27,2016 AGREEMENT AND BONDS-PAGE 1
27
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 Five Hundred Twenty One Thousand Ninety Eight
Dollars and Thirty Cents ($521,098.30).
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 coverall 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,
Addenda numbers 1 to 1 , inclusive, 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.
DEMUTH PARK ADA ACCESS IMPROVEMENTS
CITY PROJECT NO. 15-15 AGREEMENT FORM
OCTOBER 27,2016 AGREEMENT AND BONDS-PAGE 2 28
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 fumish 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,
physical or mental disability, or medical condition. Such actions shall include, but not
DEMUTH PARK ADA ACCESS IMPROVEMENTS
CITY PROJECT NO. 15-15 AGREEMENT FORM
OCTOBER 27.2016 AGREEMENT AND BONDS-PAGE 3
29
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 party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
SIGNATURES ON NEXT PAGE
DEMUTH PARK ADA ACCESS IMPROVEMENTS
CITY PROJECT NO. 15-15 AGREEMENT FORM
OCTOBER 27,2016 AGREEMENT AND BONDS-PAGE 4
30
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
James Thompson
City Clerk
APPROVED AS TO FORM:
By
Douglas Holland
City Attorney
RECOMMENDED:
By
Marcus L. Fuller, PE, PLS
Assistant City Manager/City Engineer
DEMUTH PARK ADA ACCESS IMPROVEMENTS
CITY PROJECT NO. 15-15 AGREEMENT FORM
OCTOBER 27,2016 AGREEMENT AND BONDS-PAGE 5 31
CONTRACTOR
By: Tri-Star Contracting II, 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 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:
DEMUTH PARK ADA ACCESS IMPROVEMENTS
CITY PROJECT NO. 15-15 AGREEMENT FORM
OCTOBER 27,2016 AGREEMENT AND BONDS-PAGE 6
32
ATTACHMENT 7
33
Change Order Request
CHANGE ORDER NO. 1
Date: 1/512017 ?. Project: Demuth Park ADA Access Improvements
Contractor: Owner:
T"tar Contracting II, Inc. Clty of Palm Springs
15501 Little Morongo Rd 3200 East Tahquitz Canyon Way
Desert Hot Springs, CA 92240 Palm Springs CA 92262
Changes shall Include labor,material and equipment;each item to include all charges or indirect arising out of this work:
Remove Bid Items#22,and increase item#14 to 46,340 SF
Remove Items
#14 14,930 SF of 4"Sidewalk @$5.78 per SF $ (86,295.40)
#22 31,410 SF of Decomposed Granite @$2.20 per SF $ (69,102.00)
#23 10,225 LF of 1"x 6"Plastic Header @$4.30 per LF $ (43,967.50)
Add Items
#14 46,340 SF of 4"Sidewalk @$4.93 per SF $ 228,456.20
Change Order acknowledges plans,specifications,and addendum#1
The specifications,where pertinent,shall apply to these changes.
This Change Order provides for a time extension of 15 working days.
The undersigned contractor has given careful consideration to the change proposed, including its effect on other work
already contracted for,and hereby agrees, if this change order is approved,that he will provide all equipment,furnish all
materials,except as may otherwise be noted above,and perform all services necessary for the work above specified,and
will accept as full payment for all costs related in any way thereto the prices shown above.
Original Contract $ 521A98.30
Bryan Willis 1/5/2017; Pror Authorized[7ADD []DED $ 0.00
Contractor Date Total Contract Prior to this Change $ 521,098.30
Authorized Changes on this C.O.:
Executive Director Date Addition $ 228,456.20
or Designee Deduction$ -199,364.90
Architect Date NET:. [x]Addition ( ]Deduction $ 29,091.30
Amount of Contract Authorized
Project Manager Date Including this Change Order $ 550,189.60
Change Orders Waiting for Approval $
Total Amount Including Those Waiting for Approval $ 550,189.60
34
ATTACHMENT 8
35
♦ r♦
NOTICE OF EXEMPTION
To: ❑ Office of Planning and Research From: City of Palm Springs
1400 Tenth Street, Room 121 3200 E.Tahquitz Canyon Way
Sacramento,CA 95814 Palm^_-:___ ,..neq
F I L E D / P 0 S T E 0
® Clerk of the Board PetatygidanaRiverside
County of Riverside Assessor-Cvunty Clerk-Recorder
P.O. Box E-20150es55
Riverside,,C CA 92502-0751 07/22/2015 04:09 Ph Fee: j 50.
Project Title: Demuth Park ADA Access Improvements City Project No. 15-15 ReoP69A k Of 111015 y 11, aatl I
Project Applicant: City of Palm Springs IN IR IS�llt� h]Ri ' ��
Project Location(Specific): Demuth Park is located at 3965 E.Mesquite Ave(south-side of Mesquite/Nueva Vista). i1 i I
Project Location(City): City of Palm Springs Project Location(County): Riverside
Project Description: The scope of work includes the construction of accessible paths using compacted decomposed granite
from existing sidewalks and parking areas to access the various park facilities.The project will also construct concrete sidewalks
in areas where portions of sidewalk is absent along Mesquite Ave frontage. Existing parking stalls will be upgraded to meet
current American with Disabilities Act(ADA)guidelines and parking stalls will be relocated to provide an easier and more direct
route to park amenities.
Name of Public Agency Approving Project: City of Palm Springs
Name of Person or Agency Carrying Our Project: City of Palm Springs, Public Works&Engineering Department
3200 E.Tahquitz Canyon Way,Palm Springs, CA 92262
Exempt Status:(check one)
❑ Ministerial(Sec.21080(b)(1); 15268);
❑ Declared Emergency(Sec.21080(b)(3); 15269(a));
❑ Emergency Project(Sec.21080(b)(4); 15269(b)(c));
® Categorical Exemption. State type and sectfon number: 15301 Class 1 (c)-Existing Factiities
❑ Statutory Exemptions. State code number:
Reasons why project is exempt: Class i consists of operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment,or topographic features,involving negligible or
no expansion of use beyond that existing at the time of the lead agency's determination. Existing highways and streets,
sidewalks, gutter, bicycle and pedestrian trails, and similar facilities. Therefore, the Demuth Park ADA Access Improvements,
City Project No. 15-15, is considered categorically exempt from CEQA.
Lead Agency Contact Person: Marcus Fuller Area Code/Telephone/Extension: (760)323-8380
If filed by applicant:
1.Attach certified document of exemption finding.
2.Hasa Notice of Exemption been filed by the public agency approving the project?❑Yes ❑No
Signal Dale: 7/14/15 Title: Asst. City Manager/City Engineer
®Signed by Lead Agency❑Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code Date received for filing at OPR:
Reference: Sections 21108,21152, and 21152.1,Public Resources Code.
36