HomeMy WebLinkAbout6/5/2013 - STAFF REPORTS - 2.H. QALM SA
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C441FORN�P. City Council Staff Report
Date: June 5, 2013 CONSENT CALENDAR
Subject: AWARD OF CONTRACT FOR THE SIDEWALK REPLACEMENT IN
PARKS CITYWIDE, CITY PROJECT NO. 13-06
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Palm Springs City Council approved Measure J funds for sidewalk replacement in
parks Citywide. The project includes removal and replacement of existing damaged
sidewalks in 8 parks. Award of this contract will allow staff to proceed with the
construction of the "Sidewalk Replacement in Parks Citywide" project, City Project No.
13-06.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $57,036.25 with Golden Valley
Construction Company, for the construction of Sidewalk Replacement in Parks
Citywide project, City Project No. 13-06;
2) Find bid from Above All Names Construction Services Inc. non-responsive due to
their failure to complete the bid documents in accordance with the instructions;
3) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
At the November 7, 2012, Palm Springs City Council meeting, the Measure J Oversight
Commission asked the City Council to consider the Commission's recommendations for
Measure J project funding. The City Council approved a number of projects to be
funded with Measure J funds, including the "Sidewalk Replacement in Parks Citywide"
project.
ITEM NO.
City Council Staff Report
June 5, 2013 - Page 2
Sidewalk Replacement in Parks Citywide (City Project 13-06)
The project design was prepared by the Public Works & Engineering Department. The
proposed sidewalk replacement work is located at the following parks in Palm Springs:
- Desert Highland Park— 480 W. Tramview Rd.
- Victoria Park— 2650 Via Miraleste
- Wellness Park—677 E. Tachevah Dr.
- Ruth Hardy Park— 700 Tamarisk Rd.
- Frances Stevens Park— 538 N. Palm Canyon Dr.
- Baristo Park— 385 Calle El Segundo
- Sunrise Park - 450 S. Sunrise Way
- Demuth Park—4375 E. Mesquite Ave.
On April 18, 2013 and April 25, 2013, the project was advertised for bids, and on May
21, 2013, the Procurement and Contracting Division received construction bids from the
following contractors:
1. Above All Names Construction Services Inc., Rialto, CA $ 15,000.00
2. Golden Valley Construction, Indio, CA $ 57,036.25
3. Victor Concrete, Riverside, CA $ 61,745.00
4. J. RDMMAC, Victorville, CA $ 78,407.00
5. Tri-Star Contracting il, Inc., Desert Hot Springs, CA $ 88,315.50
6. G & M Construction, CA $ 91,182.50
7. Westcon Construction Group, Inc., Indio, CA $ 91,820.75
8. O'Connell Engineering & Construction, Inc., Winchester, CA $ 93,530.00
9. Coachella Valley Construction & Engineering, Beaumont, CA $ 94,060.00
10. Zeus Construction Co., Palm Desert, CA $ 97,782.50
11. Mora's Equipment & Construction, Pico Rivera, $102,435.00
12. Landmark Site Contractors, Corona, CA $105,189.50
* Staff recommends this bid to be considered non-responsive. The cost of Schedule H
was listed as "Total of all items of the Bid Schedules A, B, C, D, E, F, G, and H." As a
result of this mistake the bid is $97,920.00 lower than should be. The contractor
submitted a "Notice of Mistake in Bid" requesting to be relieved of its bid because he
failed to add all required costs of the project.
The lowest, responsive bidder is Golden Valley Construction Company from Indio,
California, whose principal officer is Michael Emerson, President.
The Engineer's estimate was $97,000.00
FISCAL IMPACT:
Funding for this project is in Measure J account number 260-4500-59406.
02
City Council Staff Report
June 5, 2013 - Page 3
Sidewalk Replacement in Parks Citywide (City Project 13-06)
SUBMITTED:
Prepared by: Recommended by:
Savat Kharry6hou David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
David H. Ready, City r
Attachments: Agreement
Letter Re: Notice of Mistake in Bid and Request for Relief
03
AGREEMENT
THIS AGREEMENT made this day of in the year 2013,
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 Golden Valley Construction Company, 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:
SIDEWALK REPLACEMENT IN PARKS CITYWIDE
CITY PROJECT NO. 13-06
The Work is generally described as follows:
Removal and reconstruction of damaged sidewalks and curbs in the City parks.
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$700.00 for each
calendar day that expires after the time specified in Article 2, herein.
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 Schedules.
04
AGREEMENTFORM
AGREEMENT AND BONDS-PAGE 1
ARTICLE 4 --THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, 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, Addendum number 1, 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.
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
AGREEMENTFORM 05
AGREEMENT AND BONDS-PAGE 2
ATTEST: CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL:
CALIFORNIA
By Date
City Clerk
APPROVED AS TO FORM: Agreement No.
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
AGREEMENTFORM
AGREEMENT AND BONDS-PAGE 3 06
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: By:
Signature (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 F State of E
County of i 1ss County of Ess
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:
AGREEMENTFORM
AGREEMENT AND BONDS-PAGE 4
07
Above All Names Construction Services, Inc.
1648 W- Persimmon Ave.
Rialto Ca 92377
909-421-1770 Phone 909-357-3404 Fax
i
May 21,2013
City of Palm Springs
3200 Tahquitz Canyon
Re: Notice of Mistake in Bid and Request for Relief
"Craig L. Gladders C.P.M."
Procurement and Contractiing
This letter is notice to the City of Palm Springs under California
Public Contract Code Section 5101 et seq.that Above All Names Construction Services
Inc. has made a grievous error in the preparation of its bid for SIDEWALK
REPLACEMENT IN PARKS CITYWIDE #13-06
The error made the bid materially different than it was intended to be. The mistake was
due to a mathematical error;it was not due to poor judgment,carelessness in inspecting
the jobsite, or failure in reading the documents correctly.Above All Names Construction
Services Inc.requests to be relieved of its bid and have its bid bond released.
At the time of the bid Above All Names Services Inc-did not see the line that read"Total
of all items of the bid schedules a,b,c,d,e,f,g and h(basis of award)".and did not
calculate with the balance of the estimate,therefore failing to add all the required costs of
the project.The result of this mistake makes our bid $97,920.00 lower than it should
have been.Above All Names Construction Services Inc.would suffer serious financial
harm attempting to complete this project at the original bid amount.
Above All Names Construction Service Inc. apologizes for any inconvenience this may
cause and is hopeful that we can work together on future projects.
Sincerely,
John Pedregon
08