HomeMy WebLinkAbout7/11/2012 - STAFF REPORTS - 2.G. ?ALMS.
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4<IFOIt City Council Staff Report
Date: July 11, 2012 CONSENT CALENDAR
Subject: AWARD OF CONTRACT FOR THE RAMON ROAD DRAINAGE
IMPROVEMENTS AT THE BARISTO CHANNEL, CITY PROJECT 09-10A
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Public Works and Engineering Department identified additional drainage
improvements recommended for Ramon Road, west of Sunrise Way, that will
supplement drainage improvements recently constructed to alleviate flooding along
Sunrise Way. Award of this contract will allow staff to proceed with this drainage
improvement project.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $68,509.50 with Tri-Star
Contracting II Inc., for the Ramon Road Drainage Improvements at the Baristo
Channel, City Project 09-10A; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Public Works Department identified some minor drainage improvements for Ramon
Road, west of Sunrise Way, that would supplement drainage improvements recently
constructed to alleviate flooding along Sunrise Way. The recommended drainage
improvements include a new catch basin on the north side of Ramon Road, at the
entrance to the Ralph's shopping center, with a storm drain connection to the south side
of Ramon Road outletting into the Baristo Channel. Additionally, a protection barrier is
recommended at the outlet in the Baristo Channel of the large 12' wide by 6' high box
culvert previously constructed within Sunrise Way. This project had initially begun in
Spring 2011 but halted due to interfering utilities. That contractor was not interested in
waiting to resume the project once utility issues were resolved so staff worked with City
Attorney to terminate the initial contract. This contract will complete the work.
ITEM NO. .
City Council Staff Report
July 11, 2012- Page 2
Ramon Rd Drainage Improvements at Baristo Channel (CP 09-10A)
The plans and specifications were prepared by the City's engineering consultant,
Engineering Resources of Southern California. On May 18 and 25, 2012, the project
was advertised for bids, and at 3:00 p.m. on June 19, 2012, the Procurement and
Contracting Division received construction bids from the following contractors:
1. Tri-Star Contracting II, Inc.; Desert Hot Springs, CA; $68,509.50
2. Nu Cal Pipeline Corp., Riverside, CA; $91,460.00
3. Atlas Underground, Inc.; Pomona, CA; $105,676.00
4. BW Simmons, Inc.; Calimesa, CA; $131,195.00
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; submission of good
faith efforts is required. The low bidder is a local business enterprise and has listed
local subcontractors (LSAP Consulting — Desert Hot Springs and JP Striping, Inc. —
Beaumont) for 51/2% of the work. Therefore, staff recommends ,that the City Council
determine the low bid responsive with regard to the Local Business Preference
Program.
The Engineers estimate for this project was $75,000. The company is a California
corporation, and its principal officers are Bryan Willis, President; and Ted Krehbiel,
CFO.
FISCAL IMPACT:
Funding for this project is made available through local drainage funds in account 135-
4372-55005. No local miscellaneous General Funds are being used for this project.
02
City Council Staff Report
July 11, 2012- Page 3
Ramon Rd Drainage Improvements at Baristo Channel (CP 09-10A)
SUBMITTED:
Prepared by:
, XL
David J. Barakian
Director of Public Works/City Engineer
Approved by:
Thomas J. Wilsey, Asst. City Manager David H. Ready, City r-
Attachments:
1. Agreement
03
AGREEMENT
THIS AGREEMENT made this day of in: the year 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
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 undler the Bid Schedule(s) of
the City's Contract Documents entitled:
RAMON ROAD DRAINAGE IMPROVEMENTS AT BARISTO CHANNEL- REBID
CITY PROJECT NO. 09-10A
The Work comprises construction of a new 21' wide catch basin and construction of 30"x19"
elliptical RCP storm drain lateral across Ramon Road west of Sunrise Way; installation of 12' W
x 6' H slope protection barrier(end of PS Line 8 located on Baristo Channel, east side of Sunrise
Way, south of Ramon Road); 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 City the sum of$750 for each calendar day that expires after the time specified in Article
2, herein.
QA
RAMON RD.DRAINAGE IMPROVEMENTS—BARISTO CHANNEL
CITY PROJECT NO.09-10A AGREEMENT FORM
May 3,2012 AGREEMENT AND BONDS-PAGE 1
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
accepted Bid and Bid Schedule(s), List of Subcontractors, Non-G011usion 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 ito 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 orlinterests 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.
RAMON RD.DRAINAGE IMPROVEMENTS—BARISTO CHANNEL 05
CITY PROJECT NO.09-10A AGREEMENT FORM
May 3,2012 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.
APPROVED BY THE CITY COUNCIL:
ATTEST:
CITY OF PALM SPRINGS,
CALIFORNIA Date
By Agreement No.
City Clerk
APPROVED AS TO FORM:
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
RAMON RD.DRAINAGE IMPROVEMENTS—BARISTO CHANNEL 06
CITY PROJECT NO.09-10A AGREEMENT FORM
May 3,2012 AGREEMENT AND BONDS-PAGE 3
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 I 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 C 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 onl the basis of satisfactory
evidence to be the person(s)whose name(s) is/are evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and subscribed to the 1 within instrument and
acknowledged to me that he/she/they executed the acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument that by his/her/their signetures(s) on the instrument
the person(s), or the entity upon behalf of which the the person(s), or the entity upon behalf of which the
person(s)acted, executed the instrument. person(s)acted, executed the 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
07
RAMON RD. DRAINAGE IMPROVEMENTS—BARISTO CHANNEL AGREEMENT FORM
CITY PROJECT NO.09-10A AGREEMENT AND BONDS-PAGE 4
May 3,2012 ,