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Home My WebLink About7/16/2014 - STAFF REPORTS - 2.M. QALM Sp �OQ 'Pi Z CA u n aaao` Cg41FORa%P City Council Staff Report Date: July 16, 2014 CONSENT CALENDAR Subject: AWARD OF CONSTRUCTION CONTRACT FOR THE ANDREAS ROAD TWO-WAY CONVERSION, CITY PROJECT 13-27 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY In conjunction with The "Downtown Palm Springs" Renovation Project, Council directed the design and approved the plans specifications, and estimate of this project to convert Andreas Road from one way to two way between Palm Canyon Drive and Indian Canyon Drive. Approval of this item will award the construction Contract. RECOMMENDATION: 1. Approve Agreement No. in the amount of $143,881.50, schedules A and B for the Andreas Road Two Way Conversion Project with Golden Vista Construction, Inc. dba Golden Valley Construction, City Project No. 13-27; 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: Last year City Council authorized staff to proceed with the design and construction of the conversion of Andreas Road between Indian Canyon Drive and Palm Canyon Drive to two way operation. The design was funded by General Fund and is now complete. On June 4, 2014, the City Council reviewed and approved the plans, specifications, and estimates and authorized staff to proceed with bidding. On June 7th, and June 14th, 2014, the project was advertised for bids, and at 3:00 p.m. on July 8, 2014, the Procurement and Contracting Division received construction bids from the following contractors: 1. Golden Vista Construction, Inc. $143,881.50 dba Golden Valley Construction, Palm Springs, CA rrFsn No. 2 ' M . City Council Staff Report July 16, 2014- Page 2 Award Andreas Road Two Way Conversion (City Project No. 13-27) 2. DBX, Inc., Temecula, CA $196,870.50 3. Tri-Star Contracting II, Inc., Desert Hot Springs, CA $249,137.30 The engineer's estimate was $133,000. The lowest responsive, responsible bidder is a corporation and its officers are: Michael Emerson, President, and Lezlie Emerson, Secretary. FISCAL IMPACT: Funding for this project is proposed from General Fund balance. SUBMITTED: Prepared by: Approved by: David J. Barakian David H. Ready Director of Public Works/City Engineer City Manager Attachment: 1. Agreement 2. Budget Amendment Resolution 02 AGREEMENT THIS AGREEMENT made this _ day of 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 Schedule(s) of the City's Contract Documents entitled: ANDREAS ROAD TWO-WAY CONVERSION CITY PROJECT NO. 13-27 The Work consists of traffic signal relocation and electrical system complete; removal, replacement, and construction of various concrete improvements: curb and gutter, sidewalk, curb ramp, pavers; traffic striping and signage; 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 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 of $750 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. ARTICLE 3 -- CONTRACT PRICE ($143,881.50) The City shall pay the Contractor for the completion of the Work, in accordance with the 03 AGREEMENT FORM AGREEMENT AND BONDS-PAGE 1 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, Bid Security or Bid Bond, Bidder's General Information, Public Contract Code Section 10285.1 Statement, Public Contract Code Section 10162 Questionnaire, Public Contract Code Section 10232 Statement, 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 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 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. 04 AGREEMENTFORM AGREEMENT AND BONDS-PAGE 2 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 APPROVED BY THE CITY COUNCIL: By City Clerk Date APPROVED AS TO FORM: Agreement No. By City Attorney Date CONTENTS APPROVED: By City Engineer Date By City Manager Date 05 AGREEMENTFORM AGREEMENT AND BONDS-PAGE 3 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 Activity Account Amount General Fund $160,000 Balance Fund Balance ADDITION(S): Fund Activity Account Amount General Fund New Account No. $160,000 Balance to be assigned PURPOSE: Authorize Funds for City Project 13-27, Andreas Road Two Way Conversion. ADOPTED THIS 161h DAY OF July, 2014. CITY OF PALM SPRINGS David H. Ready City Manager ATTEST: James Thompson City Clerk 0E 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 July 16 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 07