HomeMy WebLinkAbout11/4/2015 - STAFF REPORTS - 2.I. aO�PPLM Sp9
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Y C4<<FORN�P+ City Council Staff Report
Date: November 4, 2015 CONSENT CALENDAR
Subject: APPROVE AN INCREASE TO PURCHASE ORDER WITH PALM
SPRINGS WELDING IN THE AMOUNT OF $33,650 FOR
REPLACEMENT OF AN ADDITIONAL FIVE DAMAGED METAL
SCULPTURES WITHIN THE GENE AUTRY TRAIL MEDIAN
From: David H. Ready, City Manager
Initiated by: Office of the City Manager
SUMMARY
This action would authorize staff to coordinate with Palm Springs Welding to fabricate
replacement of five additional metal "mountain" sculptures for a total amount not to
exceed of$33,650.
RECOMMENDATION:
1) Authorize a Purchase Order increase in the amount of $33,650 with Palm Springs
Welding; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
In 2000, the Public Works and Engineering Department secured over $570,000 in
federal funding to install landscaping within the Gene Autry Trail medians (from Vista
Chino to Mesquite Avenue) and in Ramon Road (from Vella Road to San Luis Rey
Drive). Included as part of the median landscaping was the fabrication and installation
of several metal "mountain" sculptures and metal "sail" sculptures at various locations
within the medians. The median landscaping and sculpture installation was originally
completed in 2003 at a total cost of over $900,000.
Over the last 6 years, various accidents have occurred along Gene Autry Trail where
vehicles have crossed over the landscaped medians, damaging several of the
,'mountain" sculptures, and one of the "sail" sculptures. Unfortunately, all of these
accidents went unreported (was a "hit and run"), or the driver did not have automobile
ITFN1 NO. —
City Council Staff Report
November 4, 2015 - Page 2
Authorize Increase to Purchase Order to Palm Springs Welding
insurance, and the City has been unable to obtain funding from the responsible drivers
to replace the damaged sculptures.
It is also important to note that the City's Public Art Fund did not participate in the
design, fabrication or installation of these metal sculptures; the City utilized its Gas Tax
Funds for the local match to the federal funding secured for the median landscaping and
sculpture installation. Although staff considers these sculptures as public art and
pursued filing an insurance claim for replacement of them, the City's insurance policies
require payment of a minimum $10,000 deductible per incident.
At the December 17, 2014, City Council meeting, Council Member Mills requested that
staff pursue replacement of the damaged or missing sculptures in the Gene Autry Trail
medians. On the basis that the City Council directs staff to have these sculptures
replaced, staff has coordinated with Palm Springs Welding for the cost to have the
damaged sculptures fabricated.
February 4, 2015, Council approved a purchase order in the amount of $62,725, with
Palm Springs Welding to replace eight mountain and one sail sculpture in the Medians
along Gene Autry Trail. During the installation of the original nine sculptures staff and
Palm Springs Welding identified an additional location missing a full set of five mountain
sculptures in the Median.
Staff requested a proposal from Palm Springs Welding for the replacement of the
additional five mountain sculptures (Attachment 1). On October 20, 2015, staff
received a proposal from Palm Springs Welding for $33,650, to include two small, two
medium and one large mountain sculpture, for a total revised Purchase Order amount
not to exceed $96,375.
FISCAL IMPACT:
As a matter of reference, each "mountain" sculpture includes five separate metal
panels: two small, two medium, and one large. The current pricing from Palm Springs
Welding is: $6,200 for each small "mountain" panel; $6,750 for each medium
,'mountain" panel; and $7,750 for each large "mountain" panel. Therefore, the total
current price of an entire "mountain" sculpture with all five of its panels is $33,650.
Staff recommends that the City's Risk Management Fund (Fund 540) be used to
replace these sculptures, given that the damage was due to an uncollected claim as a
result of a vehicular accident. Sufficient funds to encumber for the Purchase Order in
the amount of $33,650 is available in Risk Management Fund account number 540-
5904-48685 (Claims Expense).
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City Council Staff Report
November 4, 2015- Page 3
Authorize Increase to Purchase Order to Palm Springs Welding
SUBMITTED
Prepared by:
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Marcus L. Fuller, MPA, P.E., P.L. .
Assistant City Manager/City Engineer
Approved by:
David H. Ready, Es ., Ph.D
City Manager
Attachments:
1. Palm Springs Welding Quote
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Palm Springs Welding,Inc.
1109 Valdivia Way Palm Springs,CA 92262
760-323-4449 Fax; 760-323.2802
CA CONTRACTOR'S LICENSE NO.265516
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TO: PROPOSAL#: 1020153 Page 1
PHONE: 760-322-8202 DATE: 10/20/75
City of Palm Springs
Attn: Tabitha Richards JOB NAME/LOCATION:
3200 E. Tahquitz Canyon Way Mountain Sculptures
Palm Springs, CA 92262 Palm Springs
Email: tabitha.richards@palmsprings-ca.gov FAX#: CELL#:
We hereby submit specifications and estimates for:
NOTICE TO OWNER:
By signing and returning this proposal, you agree: 1) to acknowledge receipt of this proposal along with the attached
exhibits A, B and C; 2) to all of the provisions and conditions contained in exhibits A, B and C; and 3) to adopt the
arbitration clause in paragraph 4 of exhibit A.
SCOPE OF WORK:
Fabrication and installation of mountain sculptures as follows:
1. Two (2) small MOUNTAIN sculptures @$6.200.00 each: $12,400.00
2. Two(2) medium MOUNTAIN sculptures @$6,750.00 each: $13,500.00
3. One (1) large MOUNTAIN sculpture @ $7,750.00 each; $7,750.00
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STANDARD NOTES:
Please sign and return one copy of this proposal and any additional paperwork (i.e. HOA approval letter, approved shop
drawings, etc.) if and when you choose our company to provide your ornamental iron requirements. A deposit is required
with written approval and should not exceed $1,000 or ten percent (10%) of contract price. Work will not begin on your
project until these requirements are met. This includes, but is not limited to, the ordering of materials required to fabricate
your project.
jIf your project totals more than $5,000.00, we will file a preliminary twenty day notice. This is to protect your interests, as
well as ours. At the completion of the project, we will provide conditional releases at the time of billing. When the final
payment is made, we will provide unconditional lien releases, relieving you of lien liability.
Many cities require permits and inspections when any work is performed on your residence. If you live in a gated
community or a community which is governed by a homeowners association, you may be required to also obtain their
approval prior to any new installation of ironwork at your residence. Unless otherwise contracted and agree, Palm Springs
Welding, Inc. will not be responsible for obtaining permits or HOA approval for the work that we will do for you.
All material is guaranteed to be as specified. All work to be completed in a professional manner according to standard
practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written
orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes,
accidents or delays beyond our control. Owner is to carry fire, tornado and other necessary insurance. Our workers are
fully covered by Worker's Compensation insurance.
Palm Springs Welding, Inc. stands behind the work performed by our employees. All materials and workmanship are
guaranteed for the period of one year, including finish paint, from the date of completion of installation, typically the date of
the invoice.
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Palm Springs Welding,Inc.
1109 ValdMa Way Palm Springs,CA 92262
760-323-9999 Fax: 760-323-2aO2
CA CONTRACTOR'S LICENSE NO.26551 G
TO: PROPOSAL#: 1020153 Page 2
PHONE: 760-322-8202 DATE: 10/20/15
City of Palm Springs
Attn: Tabitha Richards JOB NAME/LOCATION:
3200 E. Tahquitz Canyon Way Mountain Sculptures
Palm Springs, CA 92262 Palm Springs
Email: tabitha.richards@palmsprings-ca.gov FAX#: CELL#:
Shop drawings provided upon request and acceptance of proposal only unless architect has provided drawings whereas
those specifications will be used. Job installation date will be four (4) to six (6) weeks from receipt of deposit and signed
proposal and approved drawings, if provided. For jobs being powder coated, please allow an additional two (2) weeks for
installation.
If there is any problem with your new ironwork after installation is complete, or if there is any dispute with the amount or
type of work invoiced, please notify us IMMEDIATELY. Terms of sale are clearly stated on both the proposal and the
invoice; we will not consider disputed charges after a period of thirty (30) days after the date of the invoice. As our
company is not a bank or finance company, we will void any warranty on accounts more than sixty days past due.
RIGHT TO CANCEL:
You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this
transaction. See the attached notice of cancellation from for an explanation of this right.
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This proposal may be withdrawn by us if not accepted within thirty(30) days.
We propose hereby to furnish material and labor - complete in accordance with the above specifications, for the
sum of:
$333650.00
James Francisco,VP of Operations
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the
work as specified. Payment will be made as outlined above.
Signature: Date of Acceptance:
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PLEASE KEEP WITH YOUR FILES
EXHIBIT A party's control. Each party shall Use and agreed, Palm Springs Welding,
reasonable diligence to avoid any such Inc., will not be responsible for
'I. Contractor shall commence work oil delay or default and to resume performance obtaining permits or prior
j the project within one hundred twenty wilder this Contract as promptly as possible Homeowner's Association approval
('120) calendar days after execution of after any such delay or default. It is also for the work that we perform for
this Contract and, unless delayed by acknowledged and understood Ilia[ any you. We also are not responsible
one oi'more of the causes mentioned changes in the plans and specifications for any pennit or approval fees. All
in Paragraph 3 of this Contract, made by either the Owner, Contractor, of mitedal and workmanship are
complete construction of the project is any governmental agency will extend the gual'anleed for the period of one (1)
not more than six (6) months. It is time in which the Project will be completed year from the date of completion of
understood that the thirty (30) day Pursuant to Paragraph 'I above. installation, typically the dale of the
time period for commencement of 4. If any dispute arises between the parties invoice, except for cover finish
work specifier) above does not begin concerning this contract or the perfoinlance Paint, hardware or any damage to
Until after all plans have been thereof, the parties agree to dismiss the the ironwork after installation is
approved by the applicable dispute to binding arbitration with the complete. 'rhew Is no warranty for
governmental agency and all permits American Arbihalion Association pursuant those items.
issued by said goveinmenlal to its rules. The arbitration venue shall be in
agencies. Additionally, it is Palm Desert, California. Contractors are required by law to
understood that if the Owner procures be licensed and regulated by the
construction financing for the project NOTICE: BY SIGNING THE PROPOSAL, YOU Contractor's State License Board
that the failure to have such ARE AGREEING TO HAVE ANY DISPUTE which has jurisdiction to investigate
ARISING OUT OF THE MATTERS INCLUDED complaints against contractors if a
construction financing in full force and IN THE 'ARBITRATION OF DISPUTES' p g
complaint regarding a patent act or
effect pursuant to the requirements of PROVISION DECIDED BY NEUTRAL
the financing agency may delay the ARBITRATION AS PROVIDED BY omission is filed within four (4)
project. Substantial commencement is CALIFORNIA LAW AND YOU ARE GIVING UP years Of the date of the alleged
defined as when non-incidental ANY RIGHTS YOU MIGHT POSSESS TO HAVE violation. A complaint regarding a
physical work begins on the project. THE DISPUTE LITIGATED IN A COURT OR latent act or omission pertaining to
The failure by Contractor without JURY TRIAL. YOU ALSO GIVE UP YOUR structural defects must be filed with
! lawful excuse to substantially JUDICIAL RIGHTS TO DISCOVERY AND ten (10) years of the date of the
j APPEAL, UNLESS THOSE RIGHTS ARE ed violation. An cueSlionS
commence work within twenty (20) alleged y
SPECIFICALLY INCLUDED IN THE concerninga contractor may be
days from the date which the work is 'ARBITRATION OF DISPUTES'PROVISION. IF y
to commence as set forth herein is a YOU REFUSE TO SUBMIT TO ARBITRATION referred to the registrar,contractor's I violation of the Contractor's Stale AFTER AGREEING TO THIS PROVISION, YOU State License Board, P.O. Box
License Law. MAY BE COMPELLED TO ARBITRATE UNDER 26000,Sacramento,CA 95826.
THE AUTHORITY OF THE BUSINESS AND
2. Should Owner fail to pay to Contractor PROFESSIONS CODE OR OTHER
within five (5) days after it becomes APPLICABLE LAWS. YOUR AGREEMENT TO EXHIBIT B
due any amount payable by Owner to THIS ARBITRATION PROVISION IS
Contractor pursuant to this Contract, VOLUNTARY. NOTICE TO OWNER
Contractor may by giving five (5) days'
written notice thereof to Owner WE HAVE READ AND UNDERSTAND THE
tcrminate his services tinder this FOREGOING AND AGREE TO SUBMIT "Under the California Mechanic's Lien
Contract, stop work on the DISPUTES ARISING OUT OF THE MATTERS Law, any contractor, subcontractor,
Contractor's Project, and/or use all INCLUDED IN THE 'ARBITRATION OF laborer, supplier, or other person or
lawful means, including without DISPUTES' PROVISION TO NEUTRAL entity who helps to improve your
limitation actions by labor or ARBITRATION", property, but is not paid for his or her
contractors associations induced by . work or supplies, has a right to place a
Contractor, to prevent further work ' Should any litigation be commenced lien on your home, land, or property
from being clone on the Project until between the parties to this Agreement where the work was performed and to
all past due payments have been concerning the Project, any provision of this sue you in court to obtain payment.
received by Contractor and Owner Contract, or the rights end obligations of
has posted a bond satisfactory to either in relation thereto, the party prevailing This means that after a court hearing,
Contractor for the payment of all in the litigation shall be entitled, in addition your home, land, and property could be
amounts that will thereafter become to such other relief as may be granted, to a sold by a court officer and the proceeds
! due to Contractor Under this Contract, reasonable sum as and for that party's of the sale used to satisfy what you owe.
lip 3. Either party, Contractor or Owner, attorney's fees in the litigation. This can happen even if you have paid
shall be excused for an data 0. Statutory Notices are attached as "Exhibit Your contractor in full if the contractor's
y delays r, B"hereto. subcontractors, laborers, or suppliers
defaults by that party in the remain unpaid.
performance of this Contract 7. Many cities require permits apd inspections
unavoidably caused by the act of the when any work is performed on your To preserve their rights to file a claim or
other, the act of any agent of the residence. If YOU live in a gated community lien against your properly, certain
other, the act of any governmental or a community, which is governed by a claimants such as subcontractors or
authority, the act of any public enemy, Homeowner's Association, you may be material suppliers are each required to
acts of God, the elements, war, war required to also obtain fret):approval prior to provide you with a document called a
defense conditions, litigation, strikes, any new installation of ironwork at your "Preliminary Notice', Contractors and
walkouts, or other causes beyond that residence. Unless otherwise contracted
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PLEASE KEEP WITH YOUR PILES
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lahorers who contract will, owners dirrclly OR MORE (INCLUDING LABOR AND
(to not have to provide such notice since (3) Issue joint checks for payment, made out to MATERIALS).
YOU are aware of their existence as an both your contactor and subcontractors or
owner. A preliminary notice is not a lien material suppliers involved in the project. The
against your property Its purpose is to joint checks should be made payable to the LICENSED CONTRACTORS ARE
notify you of persons or entities that may persons or entities which send preliminary
have a right to File a lien against your notices to you. Those persons or entities have REGULATED BY LAWS DESIGNED
'. property if they arc not paid. In onder to indicated that they may have lien rights on your TO PROTECT THE PUBLIC. IF YOU
perfecl their lien rights, a contractor, property, therefore, you need to protect yourself.
subcontractor,supplier, of laborer must file This will help to ensue that all persons due CONTRACT WITH SOMEONE WI-10
a Mechanic's Lien with the county payment are actually paid. DOGS NOT HAVE A LICENSE, THE
recorder, which then becomes a recorded
lien against your property. Generally, the (4) Upon making payment on any completed CONTRACTOR'S STATE LICENSE_
maxinumr lime allowed for filing a phase of the project, and before making any BOARD MAY BE UNABLE TO ASSIST
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Mechanic's Lien against your property is further payments, require yew contractor to
ninety (90) days after substantial provide you will unconditional "Waiver and YOU WITH A COMPLAINT. YOUR
completion of your project. Release" forms signed by each material ONLY REMEDY AGAINST AN
supplier, subconhactor, and laborer involved in
Other than residential homeowners of that portion of the work for which payment was UNLICENSED CONTRACTOR MAY BE
dwellings containing fewer than five units, made. The statutory lien releases are set forth IN CIVIL COURT, AND YOU MAY BE
private project owners must notify the in exact language in Section 3262 of the Civil
original contractor and any lien claimant Code. Most stationery stores will sell the LIABLE FOR DAMAGES ARISING OUT
j who has provided the owner with a "Waiver and Release" forms if your contractor OF ANY INJURIES TO 1-1-IL
preliminary 20-day lien notice in does not have them. The material suppliers,
accordance with Section 3097 of the Civil subcontractors, and laborers that you obtain CONTRACTOR OR HIS OR HER
Code that a notice of completion or notice releases from are those persons or entities who EMPLOYEES.
of cessation has been recorded within 10 have filed preliminary notices with you. If YOU
days of its recordation. Notice shall be by are not certain of the material suppliers,
registered mail,certified mail, or first-class subcontractors, and laborers working on your YOU MAY CONTACT THE
mail, evidenced by a certificate of mailing. project, you may obtain a list from your
Failure to notify will extend the deadlines contractor. On projects involving improvernents CONTRACTOR'S STATE LICENSE
to record a lien. to a single-family residence or a duplex owned BOARD TO FIND OUT IF THIS
by individuals, the persons signing these
TO ENSURE EXTRA PROTECTION releases lose the right to file a Mechanic's Lien CONTRACTOR HAS A VALID
FOR YOURSELF AND YOUR claim against your property. In other types of LICENSE. THE BOARD HAS
PROPERTY, YOU MAY WISH TO construction, [his protection may still be
TAKE ONE OR MORE OF THE important,but may not be as complete. COMPLETE INFORMATION ON THE
FOLLOWING STEPS: HISTORY OF LICENSED
To protect yourself under this option, you must
('1) Require that your contractor supply be certain that all material suppliers, CONTRACTORS, INCLUDING ANY
you with a payment and performance bond subconh actors, and laborers have signed the POSSIBLE SUSPENSIONS,
(not a license bond), which provides that "Waiver and Release"form. If a Mechanic's Lien
the bonding company will either complete has been filed against your property, it can only REVOCATIONS, JUDGMENTS, AND
the project or pay damages up to the be voluntarily released by a recorded "Release CITATIONS. THE BOARD HAS
amount of the bond. This payment and of Mechanic's Lien signed by the person or
perfol'mance bond as well as a copy of the entity that filed the Mechanic's Lien against your OFFICES THROUGHOUT
construction contract should be filed with properly unless the lawsuit to enforce the lien CALIFORNIA. PLEASE CHECK
the county recorder for your further was not timely fled. You should not make any
protection. The payment and performance final payments until any and all such liens are THE GOVERNMENT PAGES OF l"I-IE
bond will usually cost from 1 to 5 percent removed. You should consult an attorney If a WHITE PAGES FOR THE OFFICE
l of the contract amount depending on the lien is filed against your property".
contractor's sending ability. If a contractor NEAREST YOU OR CALL 1-800-321-
cannot obtain such bonding, it may EXHIBIT C CSLB (2752) FOR MORE
indicate his or her financial incapacity.
INFORMATION".
i (2) Require that payments be made "STATE LAW REQUIRES ANYONE WHO
1 directly to subcontractors and material
suppliers through a joint control. Funding CONTRACTS TO PERFORM CONSTRUCTION
services may be available, for a fee, in WORK TO BE LICENSED BY THE
Your area, which will establish voucher or
other means of payment to your CONTRACTOR'S STATE LICENSE BOARD IN
contractor. These services may also THE LICENSE CATEGORY IN WHICH THE
provide you with lien waivers and other
forms of protection. Any joint control CONTRACTOR IS GOING TO BE WORKING -
agreement should include the addendum IF THE TOTAL PRICE OF THE JOB IS $300.00 O
approved by the registrar.
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NOTICE OF RIGHT TO CANCEL
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Notice of Cancellation
EE DATE OF ACCI'_PTANCE OF PROPOSAL)
(date of fala.w1lion)
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You may cancel this transaction, without any penalty or obligation, within three (3) business clays from the
above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any
negotiable instrument executed by YOU will be returned within ten (10) days following receipt by the seller
Of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially as goad condition
as when received, any goods delivered to you undel'this contract of sale, or you may, if you wish, comply
with the instructions of the seller regarding the return shipment of the goods at the seller's expense and
risk.
, I If you do make the goods available to the seller and the seller does not pick them up within twenty (20)
days of the date of your notice of cancellation, you may retain or dispose of the goods without any further
obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the
seller and fail to do so, then you remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other
written notice, or send a telegram to:
Palm Springs Welding, Inc.
at 1.189 Valdivia Way, Palm Springs, CA 92262
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not later than midnight of the third business day*from the date of acceptance of the proposal.
I hereby cancel this transaction:
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(buyer's signature) (date)
'Exclude weelwnds and holidays that fall on a weekday
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