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DATE: June 15, 2016 CONSENT CALENDAR
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO NR DEVELOPMENT, INC.,
A CALIFORNIA CORPORATION, IN THE AMOUNT OF $50,500 FOR
THE PALM SPRINGS LIBRARY SHADE STRUCTURE, CITY PROJECT
NO. 15-27
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY
Award of this contract will allow the City to proceed with fabrication and installation of a
new shade structure at the entrance to the Palm Springs Library.
RECOMMENDATION:
1 . Award a construction contract (Agreement No. ) to NR Development, Inc., a
California corporation, in the amount of $50,500 for the Palm Springs Library Shade
Structure, City Project No. 15-27; and
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The 2013/2014 fiscal year budget included an allocation of $10,192 from the Library
Endowment Trust Fund for a public works project to fabricate and install a new shade
structure at the entrance to the Palm Springs Library, located at 300 S. Sunrise Way.
Additionally, in the 2014/2015 fiscal year, an additional budget allocation of $7,000 was
approved from the Library Endowment Trust Fund providing a total budget allocation of
$17,192 for the Project. The Library Board proposes to install a new shade structure at
the front entrance of the Main Library to provide shading for the existing book return
deposit screen. An aerial map of the site is identified in Figure 1, and a vicinity map is
included as Attachment 1.
ITEM NO.�-
City Council Staff Report
June 15, 2016-- Page 2
Award Construction Contract for CP15-27
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Figure 1
The scope of this public works improvement comprises the fabrication and installation of
a new shade structure; a 10 feet wide by 36 feet long by 9 feet-6 inch high cantilevered
steel framing structure including footings and foundations, metal perforated panels,
powder coating, modification to existing irrigation and landscaping, and all other
appurtenant work necessary for the new shade structure at the front entrance of the
Library.
In mid-2014, the Department of Maintenance and Facilities solicited a request to obtain
proposals for the fabrication and installation of a new fabric material shade structure at
the Library. Staff prepared an informal letter request containing a brief description of
the scope of work, and minimum specifications requirements. On August 4, 2014, staff
received three informal bids from the following manufacturers:
1. Academy Inc.; Los Angeles, CA $16,392
2. Shade Comforts; Benicia, CA $22,000
3. FabriTec Structures; Tusin, CA $45,000
Staff reported these costs to the Library Board, and discussed the project with the City
Council Subcommittee at which point two revisions were suggested: 1) include
perforated metal panels in lieu of the fabric material originally specified, and 2) perform
a sun study at the front entrance to the Library to determine the appropriate shading for
the existing book return deposit screen.
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City Council Staff Report
June 15, 2016 -- Page 3
Award Construction Contract for CP15-27
In January 2015, staff retained the professional consulting services from MSA
Consulting to perform the necessary sun study analysis at the front entrance of the
Library based on the new metal perforated shade structure design. The sun study
analysis determined the shade structure would provide appropriate shading for the
existing book return deposit screen except for early mornings (until around 10:30am)
from September 21 to March 21 annually. On those specific dates, the sun rises in the
southeast and not until 10:30am does the sun rise high enough to shade the existing
book return deposit screen. Since the Library does not open until 10:OOam there would
only be a 30 minute window of insufficient shading. Staff discussed the results with the
Library Board and obtained their concurrence to proceed with the Project.
State prevailing wage laws were into effect January 1, 2015, and changes to the
proposed shade structure design required the City to prepare formal plans and bid
specifications for a new bid solicitation. The City's Municipal Code Chapter 7.03.030
regulates public bidding for a public works project estimated at less than $100,000
which identifies "informal bidding" procedures where the City Council is not required to
review and approve the release for bids. Accordingly, staff prepared the contract
documents for the Project and on March 31, 2016, the Notice Inviting Bids was released
to the general contracting community and was published in the Desert Sun on April 2
and 9, 2016, in accordance with the City's bidding procedures.
Despite the City's efforts to ensure wide solicitation of the Project through the normal
procurement and contracting communities, bid websites, plan rooms, on May 5, 2016,
the Procurement and Contracting Division only received one construction bid from the
following contractor:
Company Location Bid Amount
NR Development Duarte, CA $50,500.00
Staff submitted the bid results to the Library Board at its May 26, 2016, meeting. At that
time, there was discussion by the Board on whether to proceed or not with the Project
given its increased cost, and other alternatives available, including re-bidding or
consolidating with other projects to be bid in the future. After discussing these options,
the Library Board took formal action to recommend that the City Council proceed with
contract award, and allocated an additional $45,000 in Library Trust Fund budget to the
Project.
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
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City Council Staff Report
June 15, 2016 -- Page 4
Award Construction Contract for CP15-27
that NR Development, Inc., and the listed subcontractors, are registered with the DIR,
and are appropriately licensed.
NR Development, Inc., of Duarte, 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 NR Development, 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. NR Development,
Inc., is not considered a local business, however, demonstrated sufficient evidence of
good faith efforts to sub-contract the supply of materials and equipment to local
business enterprises.
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 15303 "New Construction or Conversion of
Small Structures," Class 3 projects consist of construction and location of limited
numbers of new, small facilities or structures such as electrical, and other utility
extensions, as well as, accessory (appurtenant) structures, therefore, the Palm Springs
Library Shade Structure, City Project. No. 15-27, is considered categorically exempt
from CEQA, and a Notice of Exemption has been prepared and will be filed with the
Riverside County Clerk. A copy of the Notice of Exemption is included as Attachment
3.
FISCAL IMPACT:
A total of $17,192 is currently budgeted for the Project through the Library Endowment
Trust Fund (Fund 151) in Account No. 151-2752-51025. On May 26, 2016, the Library
Board approved an additional allocation of $45,000 for the Project. The estimated
Project budget and incurred expenditures are identified in Table 1.
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City Council Staff Report
June 15, 2016-- Page 5
Award Construction Contract for CP15-27
Table of Project Costs Amount
FY13/14 Library Endowment Fund $10,192
FY14/15 Library Endowment Fund $7,000
FY15/16 Library Endowment Fund Additional Budget) $45,000
Design Services $0
Project Administration (through 6/7/16 ($2,644)
Project Administration (Estimated) $1,000)
Construction Management $5,000
Construction Contract $50,500
Construction Contingency $0)
Remaining Budget $3,048
Table 1
Sufficient funding to award the contract in the amount of $50,500 is available in the
Library Endowment Trust Fund, Account No. 151-2752-51025.
SUBMITTED:
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Es
Assistant City Manager/City Engineer City Manager
Attachments:
1. Vicinity Map
2. Construction Contract
3. Notice of Exemption
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ATTACHMENT 1
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CITY OF PALM SPRINGS
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ATTACHMENT 2
08
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this day of 20, 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 NR Development, 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 LIBRARY SHADE STRUCTURE
CITY PROJECT NO. 15-27
The Work comprises the fabrication and installation of a new shade structure including
footings or foundations (if any) and all other appurtenant work. The new shade structure
shall be installed at the Palm Springs Library located at 300 S. Sunrise Way.
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 LIBRARY SHADE STRUCTURE
CITY PROJECT NO. 15-27 AGREEMENT FORM MARCH 31,2016 AGREEMENT AND BONDS-PAGE 1 r r�
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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 $50,500.
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,
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 fumish 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 LIBRARY SHADE STRUCTURE
CITY PROJECT NO. 15-27 AGREEMENT FORM
MARCH 31,2016 AGREEMENT AND BONDS-PAGE 2 A 0
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.
ARTICLE 9 -- NON-DISCRIMINATION
Contractor represents and agrees that it shall not discriminate against any
subcontractor, consultant, employee or applicant for employment because of race,
religion, color, sex, age, marital status, ancestry, national origin, sexual orientation,
gender identity, 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, 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
PALM SPRINGS LIBRARY SHADE STRUCTURE
CITY PROJECT NO. 15-27 AGREEMENT FORM
MARCH 31,2016 AGREEMENT AND BONDS-PAGE 3 1 i
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
PALM SPRINGS LIBRARY SHADE STRUCTURE
CITY PROJECT NO. 15-27 AGREEMENT FORM
MARCH 31.2016 AGREEMENT AND BONDS-PAGE 4 I Z
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
PALM SPRINGS LIBRARY SHADE STRUCTURE
CITY PROJECT NO. 15-27 AGREEMENT FORM
MARCH 31,2016 AGREEMENT AND BONDS-PAGE 5 1 3
CONTRACTOR
By: NR Development, 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:
PALM SPRINGS LIBRARY SHADE STRUCTURE 1
CITY PROJECT NO. 15-27 PAYMENT BOND
MARCH 31,2016 AGREEMENT AND BONDS-PAGE 6
ATTACHMENT 3
15
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 Springs, CA 92262
® Clerk of the Board
County of Riverside
P.O. Box 751
Riverside,CA 92502-0751
Project Title: Palm Springs Library Shade Structure.City Proiect No. 15.27
Project Applicant: City of Palm Springs
Project Location(Specific): Palm Springs Library. located at 300 S. Sunrise We
Project Location(City): City of Palm Springs Project Location(County): Riverside
Project Description: The scope of work Includes the fabrication and installation of a new shade structure at the front entrance
of the Palm Springs Library. The scope of work comprises of a 10'(W) x 36'(L) x 9'-6"(H) cantilevered steel framing structure
(including footings or foundations), metal perforated panels, powder coating, modification to existing irrigation and landscaping,
and all other appurtenant work.
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 section number. 15303 Class 3(a)—New Construction
❑ Statutory Exemptions. State code number:
Reasons why project is exempt: Class 3 consists of construction and location of limited number of new, small facilities or
structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures
from one use to another where only minor modifications are made in the exterior of the structure. Accessory (appurtenant)
structures including garages, carports, patios, swimming pools, and fences, therefore, the Palm Springs Library Shade
Structure,City Project No. 15-27, is considered categorically exempt from CEQA.
Lead Agency Contact Person: Marcus L. Fuller Area Code/Telephone/Extension: (750)322-8380
If filed by applicant:
1,Attach certified document of exemption finding.
2.1-lasalloticeoflExemptionbeenfiled by the public agency approving the project? ❑ Yes ❑ No
SignatureJLM� Date: 6r7116 Title: Assistant 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.
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