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44`FO%t City Council Staff Report
Date: December 3, 2014 CONSENT CALENDAR
Subject: AWARD OF CONSTRUCTION CONTRACT FOR CITY HALL AND
POLICE STATION PARKING LOTS REHABILITATION, CITY PROJECTS
01-17 AND 13-34
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Approval of this item will award the construction contract for the Rehabilitation of the
City Hall and Police Station Parking Lots.
1. Approve Agreement No. in the amount of $927,481.65, schedules A,
B and C, for the City Hall and Police Station Parking Lots Rehabilitation with
Golden Vista Construction Inc., dba Golden Valley Construction., City Project
Nos. 01-17 and 13-34; and
2. Approve attached Budget Amendment Resolution No. which will provide
project funding from Fund Balance; and
3. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
MSA Consultant prepared the plans, specifications and estimate for the City Hall and
Police Station Parking Lots rehabilitation project as authorized by City Council earlier
this year.
On October 1st, 2014, Council approved the Plans, Specifications and Estimates, and
authorized staff to proceed with bidding. On October 25th, and November 1st, 2014, the
project was advertised for bids, and at 3:00 p.m. on November 25, 2014, the
Procurement and Contracting Division received construction bids from only the following
contractor:
1. Golden Vista Construction, Inc., dba Golden Valley Construction $927,481.65
The engineer's estimate was $992,000.00.
ITEM NO.-=
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"``1:0 X City Council Staff Report
Date: December 3, 2014 Unfinished Business
Subject: AWARD OF CONSTRUCTION CONTRACT FOR CITY HALL AND
POLICE STATION PARKING LOTS REHABILITATION, CITY PROJECTS
01-17 AND 13-34
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Approval of this item will award the construction contract for the Rehabilitation of the
City Hall and Police Station Parking Lots.
1. Approve Agreement No. in the amount of $927,481.65, schedules A,
B and C, for the City Hall and Police Station Parking Lots Rehabilitation with
Golden Vista Construction Inc., dba Golden Valley Construction., City Project
Nos. 01-17 and 13-34; and
2. Approve attached Budget Amendment Resolution No. which will provide
project funding from Fund Balance; and
3. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
MSA Consultant prepared the plans, specifications and estimate for the City Hall and
Police Station Parking Lots rehabilitation project as authorized by City Council earlier
this year.
On October 1st, 2014, Council approved the Plans, Specifications and Estimates, and
authorized staff to proceed with bidding. On October 25th, and November 15t, 2014, the
project was advertised for bids, and at 3:00 p.m. on November 25, 2014, the
Procurement and Contracting Division received construction bids from only the following
contractor:
1. Golden Vista Construction, Inc., dba Golden Valley Construction $927,481.65
The engineer's estimate was $992,000.00.
ITEM NO.
City Council Staff Report
December 3, 2014- Page 2
Award Construction Contract for City Hall and Police Parking Lots, City Projects 01-17 and 13-34
Golden Vista Construction, Inc., dba Golden Valley Construction was determined to be
the lowest responsive, responsible bidder and its officers are: Michael Emerson,
President, and Shannon Murphy, Assistant Secretary.
FISCAL IMPACT:
Funding for this project is available in accounts:
260-4500-59460 (Measure J City Hall Parking Lot)
260-4500-59448 (Measure J Repave Police Parking Lot)
260-4500-50000 (Unscheduled Capital Projects)
SUBMITTED:
Prepared by: Recommended by:
Savat Khamphou David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Da d H. Ready
City Manager
Attachment:
1. Budget Resolution
2. Agreement
02
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS CALIFORNIA, AMENDING THE BUDGET
FOR FISCAL YEAR 2014-15
WHEREAS, Resolution No. 23560 approving the Budget for the Fiscal Year
2014-2015 was adopted on June 4, 2014; and
WHEREAS, the City Manager has recommended, and the City Council desires to
approve, certain amendments to the budget for Fiscal Year 2014-2015.
NOW, THEREFORE THE CITY COUNCIL DETERMINES, RESOLVES AND
APPROVES AS FOLLOWS:
SOURCE(S):
Fund Activitv Account I Amount
260 4500 50000 $186,000
(Measure J) (Capital Projects) (Unscheduled
Capital Projects
ADDITION(S):
Fund Activity Account Amount
260 4500 59460 $186,000
ffasure J (Cappit
Pr jects Cit Hall Pk . Lot
PURPOSE: Authorize Funds for City Project 01-17, City Hall Parking Lot Rehabilitation
ADOPTED THIS 3`d DAY OF December, 2014.
CITY OF PALM SPRINGS
David H. Ready
City Manager
ATTEST:
James Thompson
City Clerk
03
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on December 3`d, 2014, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
04
AGREEMENT
THIS AGREEMENT made this day of in the year 2014, 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
hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1 -- THE WORK
The Contractor shall complete the Work as specified or indicated under the Bid
Schedules of the City's Contract Documents entitled:
CITY HALL NORTH, POLICE STATION AND CITY HALL SOUTH PARKING LOTS
CITY PROJECT NO. 01-17, 13-34.
The Work is generally described as follows:
The Work comprises the construction of parking lot refurbishment, "white top,"
and associated replacement and repair at the City Hall North and City Hall South
Parking Lots; construction of asphalt concrete overlay at Police Station Parking
Lot; and all appurtenant work.
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 the 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 sum of $700.00 for each
calendar day that expires after the time specified in Article 2, herein.
05
CITY HALL NORTH,POLICE STATION,AND CITY HALL SOUTH PARKING LOTS AGREEMENT FORM
CITY PROJECT NO, 01-17, 13-34 AGREEMENT AND BONDS-PAGE 21
OCTOBER,2014
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
and Bid Schedule(s).
ARTICLE 4-- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California
Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of
Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid
Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment
Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers
to , inclusive, and all Change Orders and Work Change Directives
which may be delivered or issued after the Effective Date Of the Agreement and are not
attached hereto.
ARTICLE 5 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with provisions of the
Standard Specifications as amended by the Special Provisions. Applications for Payment
will be processed by the Engineer or the City as provided in the Contract Documents.
ARTICLE 6 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written
Notice, it shall be deemed to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the Notice.
ARTICLE 7 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications as
amended by the Special Provisions will have the meanings indicated in said Standard
Specifications and 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.
06
CITY HALL NORTH,POLICE STATION,AND CITY HALL SOUTH PARKING LOTS AGREEMENT FORM
CITY PROJECT NO,01-17, 13-34 AGREEMENT AND BONDS-PAGE 22
OCTOBER,2014
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.
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
By
City Clerk
APPROVED BY THE CITY COUNCIL:
APPROVED AS TO FORM:
By Date
City Attorney
Agreement No.
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
CITY HALL NORTH,POLICE STATION,AND CITY HALL SOUTH PARKING LOTS AGREEMENT FORM 07
CITY PROJECT NO.01-17, 13-34 AGREEMENT AND BONDS-PAGE 23
OCTOBER,2014
Corporations require two notarized signatures: One signature must be from Chairman of Board, President,
or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer,
Assistant Treasurer, or Chief Financial Officer.
CONTRACTOR: Name: Check One:_Individual_Partnership
_Corporation
Address:
By: S By:
ignature(notarized) Signature(notarized)
Name: Name:
Title: Title:
(This Agreement must be signed in the above (This Agreement must be signed in the above
space by one of the following: Chairman of the space by one of the following: Secretary, Chief
Board, President or any Vice President) Financial Officer or any Assistant Treasurer)
State of L 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
is/are subscribed to the within instrument and 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 instrument the person(s), or the entity upon behalf
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:
CITY HALL NORTH, POLICE STATION,AND CITY HALL SOUTH PARKING LOTS AGREEMENT FORM O 8
CITY PROJECT NO.01-17, 13-34 AGREEMENT AND BONDS-PAGE 24
OCTOBER,2014