HomeMy WebLinkAbout2006-02-15 STAFF REPORTS 2F OF PALM S
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City Council Staff Report
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CITY COUNCIL FEBRUARY 15, 2006
CONSENT CALENDAR
Subject.: CIVIC DRIVE BLOCK WALL. EXTENSION, CITY PROJECT #05-17
From: City Manager
Initiated by: Director of Public Works/City Engineer
SUMMARY
,Award of this contract will provide for a two-foot increase in height to the existing block wall
on the south side of Civic Drive West, between Aviation Way and North Civic Drive.
RECOMMENDATION:
1) Approve Minute Order No. "APPROVING AGREEMENT NO.
WITH J.C. CONSTRUCTION IN THE AMOUNT OF $34,200 FOR
CONSTRUCTION OF THE CIVIC DRIVE BLOCK WALL EXTENSION, CITY
PROJECT #05-17."
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Mr. Hai Stone, a resident of the area south of the existing block wall, has contended for a
number of years that the existing wall, while built approximately forty (40 ) years ago, had
been intended to be an eight (8) foot block wall, as opposed to the six (6) foot block wall
that was constructed. The 2005/2006 Budget included funds to increase the height of the
wall by two (2) feet.
In October 2005, Public Works & Engineering Department Staff met with Building
Department Staff and seven masonry contractors were selected and sent informal bid
packages. Only three (3) of the seven (7) were willing to look at the bid packages as the
rest were not available for various reasons, most of which were the amount of work they
already had.
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ITEM NO. a '\
City Council Staff Report
February 15, 2006- Page 2
Civic Drive Block Wall Extension, CP#05-17
The initial date for submittal of bids was November 14, 2005, however, on that day only
one bid was received from Contreras Construction and that bid was over double the
amount of the original estimate. The following week Public Works & Engineering Staff
contacted eight (8) Developers currently working in the City of Palm Springs. All of the
Developers provided the names of their masonry contractors, however only two(2)of those
were available to provide bids.
(Bid packages were Federal Expressed to the masonry contractors for the Mountain Gate
and Tierra Hermosa Tracts and were requested to be returned to the City of Palm Springs
by December 14, 2005. On that date, no bids were received and Public Works &
Engineering Staff could not get return calls from either of the two (2) contractors.
After the holidays, Public Works & Engineering Staff worked with Facilities Staff who
contacted Chris Foster and James Simon who both expressed interest in providing bids.
Inspection staff also happened upon a contractor doing some similar work in town and
inquired as to whether they would be interested in a bid. That Contractor was J.C.
Construction,who also expressed interest in providing a bid. Bid packages were provided
to Chris Foster, James Simon and J.C. Construction on January 30, 2006. Only one bid
was received as a result of these latest efforts and that bid was from J. C. Construction in
the amount of $34,200, which is approximately $20,000 less than the only other bid
received two months earlier from Contreras Construction.
Because the amount of the contract is less than $100,000, in accordance wit, the City's
Procurement Ordinance, this is considered an informal bid.
FISCAL. IMPACT: Finance.Director Review: "E
This project was budgeted as a part of the 2005/2006 Capital Impro ement Plan. The
project is proposed to be funded out of the following account numbers: $10,000 from
520-5641-43240 (Facilities Contractual Services), $7,000 from 001-4171-43200
(Engineering Contractual Services) and $17,200 from 261-1395-54051 (Neighborhood
Wall Rehabilitation).
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David J. Barakian Thomas J. Wi on
Director of Public Works/City Engineer Assistant City Manager-Development Services
City Council Staff Report
February 15, 2006-Page 3
Civic Drive Block Wall Extension, CP#05-17
David Ff. Ready
City Manager
Attachments:
1. Minute Order
2. Contract Services Agreement
MINUTE ORDER NO.
APPROVING AGREEMENT NO. WITH
J.C. CONSTRUCTION IN THE AMOUNT OF
$34,200 FOR CONSTRUCTION OF THE CIVIC
DRIVE BLOCK WALL EXTENSION, CITY
PROJECT #05-17.
I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify that
this Minute Order Approving Agreement No. with J.C. Construction, in the amount
of$34,200 for the construction of the Civic Drive Wall Extension, City Project#05-17, was
adopted by the City Council of the City of Palm Springs, California, in a meeting thereof
held on the 15th day of February, 2006.
James Thompson, City Clerk
EXHIBIT"A"
SCOPE OF WORK
Work to include the following: Mobilization, Traffic Control, PM-10 Requirements, Call USA Alert,
remove and dispose of any damaged blocks and resulting materials, provide and install
Sin x 8in x 16in concrete block, natural color, paint both sides of concrete block with one coat of
Sherwin Williams Weather-Clad Exterior Latex"Beige"coloror match existing color of existing block
wall and all appurtenance work per Detail-Section A-A, Sheet 2A of plan titled"Street Improvement
Plan for Civic Drive between Alejo Road and Livmore Avenue", dated 08/14/69 as revised per
Revision 1 dated 10/11/05 and conformance to California Building Code 2001 Edition, Standard
Specifications for Public Works Construction 2003 Edition and all laws, ordinances and regulations
of the City of Palm Springs.
It shall be the Contractor's responsibility to protect all existing improvements. The Contractor shall
tie responsible for any and all damage done to existing property and adjacent properties during all
construction work, and the Contractor, at its expense, shall make any repairs that result from its
operation, to the approval of the Street Maintenance Manager and the subject property owner.
The work shall be done in accordance with the Standard Specifications for Public Works
Construction"Greenbook", 2003 Edition. Insofar as references maybe made to California Building
Code, such work shall comply with 2001 Edition of the California Building Code (Title 24) which
adopts the 2000 UBC, 2000 UMC, 2000UPC and the 2002 NEC to the referenced portions of the
technical provisions only. Provided that wherever the term"Standard Specifications"is used without
the prefix "California Building Code", it shall mean the Standard Specifications for Public Works
Construction "Greenbook", 2003 Edition, as specified above.
Contractor shall be given seven (7) working days to complete the work from the date specified in
the Notice to Proceed. Please note that no work shall be performed on holidays observed by the
City of Palm Springs. The holiday observed that may affect this project work schedule will be
Monday, February 20, 2006, and no work shall be performed on this day.
Section 4.1(d) -Additional Insurance - No additional insurance is required.
Section 4.3 -Performance Bond - Performance Bond is hereby waived.
Pursuant to Section 2.4 of the Standard Specifications, Payment bond is required.
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CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
Neighborhood Wall Rehabilitation, City Project#05-17
JC Construction
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement') is made and
entered into this day of , by and between the
CITY OF PALM SPRINGS, a municipal corporation (herein "City") and J.C. Construction.
(herein "Contractor").
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and conditions of this
Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services"
attached hereto as Exhibit"A"and incorporated herein by reference. Contractor warrants that all
work and services set forth in the Scope of Services will be performed in a competent, professional
and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City
and any Federal, State or local govemmental agency of competent jurisdiction.
1.3 Licenses,Permits.Fees and Assessments. Contractorshall obtain at its sole
cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit"B"and incorporated herein by this reference, but not exceeding the maximum
contract amount of Thirty Four Thousand Two Hundred Dollars and no cents
($34,200)("Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the
terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B" Schedule of
Compensation.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Tony Rios, Field Operations Manager, is
hereby designated as being the principal and representative of Contractor authorized to act In Its
behalf with respect to the work and services specified herein and make all decisions in connection
therewith.
3.2 Contract Officer. Pete Agree, Street Maintenance Manager, is hereby
designated as being the representative the City authorized to act in its behalf with respect to the
work and services specified herein and make all decisions in connection therewith ("Contract
Officer"). The City Manager of City shall have the right to designate another Contract Officer by
providing written notice to Contractor.
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3.3 Prohibition Against Subcontracting_or Assignment. Contractor shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned ortransferred,voluntarily or by operation of law,without the priorwritten approval
of City. Any such prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees shall have
any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall perform all
services required herein as an independent contractor of City and shall remain under only such
obligations as are consistent with that role. Contractor shall not at any time or in any manner
represent that it, or any of its agents or employees, are agents or employees of City.
4.0 INSURANCE, INDEMNIFICATION AND BONDS
4.1 Insurance. The Contractor shall procure and maintain,at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general
liability insurance written on a per occurrence basis with a combined single limit of at least
$1,000,000 bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and
completed operations.The Commercial General Liability Policy shall name the City of Palm
Springs as an additional insured in accordance with standard ISO additional insured
endorsement form CG2010(1185) or equivalent language.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in an amount which fully complies with the statutory requirements
of the State of California and which includes $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount
of$1,000,000 bodily injury and property damage. Said policy shall include coverage for
owned, non-owned, leased and hired cars.
(d)Additional Insurance. Additional limits and coverages, which may
include professional liability insurance, will be specified in Exhibit"A".
All of the above policies of insurance shall be primary insurance. (Reference Section 4.4
regarding sufficiency.) The insurershall waive all rights of subrogation and contribution it may have
against the City, its officers,employees and agents, and their respective insurers. In the event any
of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No
work or services under this Agreement shall commence until the Contractor has provided the City
with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the
above insurance coverages and said Certificates of Insurance, endorsements, or binders are
approved by the City.
The contractor agrees that the provisions of this Section 4.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment of
damages to any persons or property resulting from the Contractor's activities orthe activities of any
person or persons for which the Contractor is otherwise responsible.
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In the event the Contractor subcontracts any portion of the work in compliance with Section
3.3 of this Agreement the contract between the Contractor and such subcontractor shall require
the subcontractor to maintain the same polices of insurance that the Contractor is required to
maintain pursuant to this Section.
4.2 Indemnification. Contractor agrees to indemnify the City, its officers,agents
and employees against, and will hold and save them and each of them harmless from, any and all
actions, suits,claims,damages to persons or property, losses,costs,penalties,obligations,errors,
omissions or liabilities, (herein"claims or liabilities")that may be asserted orclaimed by any person,
firm or entity arising out of or in connection with the negligent performance of the work, operations
or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein,
orarising from the negligent acts oromissions of Contractor hereunder,orarising from Contractor's
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, whether or not there is concurrent passive or active negligence on the part of the City,
its officers, agents or employees but excluding such claims or liabilities arising from the sole
negligence or willful misconduct of the City, its officers, agents or employees, who are directly
responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys'fees incurred in connection therewith;
(b) Contractor will promptly pay anyjudgment rendered against the City,
its officers,agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City,its officers,agents or employees is made a party
to any action or proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its
officers, agents or employees, any and all costs and expenses incurred by the City, its officers,
agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys'fees.
4.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement,
in the form provided by the City,which secures the faithful performance of this Agreement, unless
such requirement is waived by the Contract Officer. The bond shall contain the original notarized
signature of an authorized officer of the surety and affixed thereto shall be a certified and current
copy of his power of attorney. The bond shall be unconditional and remain in force during the
entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully
performs all terms and conditions of this Agreement.
4.4 Sufficiency_of Insurer or Surety. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in California,
rated"A"or better in the most recent edition of Best's Key Rating Guide or in the Federal Register,
unless such requirements are waived by the City Manager or designee of the City Manager due
to unique circumstances. In the event the City Manager determines that the work or services to
be performed under this Agreement creates an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by this Section 4 may be changed accordingly upon receipt of written notice from the City
Manager or designee; provided that the Contractor shall have the right to appeal a determination
of increased coverage by the City Manager to the City Council of City within ten(10)days of receipt
of notice from the City Manager.
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I 6.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section
5.2 below, this Agreement shall continue in full force until December 31, 2006.
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I 5.2 Termination Prior to Expiration of Term. Either party may terminate this
Agreement at any time,with orwithout cause, upon thirty(30)days written notice to the other party.
Upon receipt of the notice of termination, the Contractor shall immediately cease all work or
services hereunder except as may be specifically approved by the Contract Officer. In the event
of termination by the City, Contractor shall be entitled to compensation for all services rendered
prior to the effectiveness of the notice of termination and for such additional services specifically
authorized by the Contract Officer and City shall be entitled to reimbursement for any
compensation paid in excess of the services rendered.
6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them,that there shall
be no discrimination against or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this
Agreement. Contractor shall take affirmative action to ensure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, marital status, national origin or ancestry.
6.2 Non-liability of Citv Officers and Employees. No officer or employee of the
City shall be personally liable to the Contractor, or any successor in interest, in the event of any
default or breach by the City or for any amount which may become due to the Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or indirectly
interested, in violation of any State statute or regulation. The Contractor warrants that it has not
paid or given and will not pay or give any third party any money or other consideration for obtaining
this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person shall
be in writing and either served personally or sent by prepaid,first-class mail, in the case of the City,
to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O.
Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the
address designated on the execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of this Agreement or any other rule of construction which might
otherwise apply.
6.6 Integration:Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations,arrangements,agreements and understandings, ifany, between
the parties,and none shall be used to interpret this Agreement. This Agreement may be amended
at any time by the mutual consent of the parties by an instrument in writing.
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6.7 Seyerability. In the event that part of this Agreement shall be declared invalid
or unenforceable by,a validjudgment or decree of a court of competent jurisdiction, such invalidity
or unenforceability shall not affect any of the remaining portions of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties
hereunder unless the invalid provision is so material that its invalidity deprives either party of the
basic benefit of their bargain or renders this Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by either party of any default must be in writing and
shall not be.a waiver of any other default concerning the same or any other provision of this
Agreement.
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be granted,
whether legal orequitable,shall be entitled to reasonable attorney's fees,whether or not the matter
proceeds to judgment.
6.10 Comorate Authority_ The persons executing this Agreement on behalf of the
parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized
to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said party is bound.
SIGNATURES ON NEXT PAGE
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By: By:
City Clerk City Manager
By:
City Attorney
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 s istant Secretary,Treasurer,Assistant Treasurer,or
Chief Financial Officer.
CONTRACTOR: Name: JC Construction Check one:_Individual_Partnership_Corporation
Address: 67325 Mission Court
Cathedral City,CA 92234
By: k f'�.�. By:
// tsignature(notarized) Signature(notarized)
Name: L �w S Name:
Title: Title:
(This Agreement must be signed in the above space by one of This Agreement must be signed in the above space by one of
the following:Chairman of the Board,President or any Vice the following:Secretary,Chief Financial Officer or any
President) Assistant Treasurer)
State of Cay4rrwce. I State of I
County of Rij a rs rd e Iss County of Iss
On F"vLLar to , c2t7bry On
before me, ( oxrta Roonrr Nainx oblro before me,
personally appeared I-0.i5 E3. h.i o5 personally appeared
-petsemdi7-knehatome(or proved to me on the basis of satisfactory personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(a)whose names)is/a subscribed to the evidence)to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/ghe/they executed within instnunentand acknowledgedto methat he/she/theyexecutedthe
the same in his/herklfeir authorized capacity(ka), and that by same in his/her/thew authorized capacity(ies),and that by his/her/their
his/heetheir siguature(a)on the instrument the persorr(x),or the entity signature(s)on the instrument the person(s),or the entity upon behalfof
upon behalf of which the person(s)acted,executed die instrument. which the person(s)acted,executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: _ _ Notary Seal:
-,. CABBIE ROVNEY
1 CoMMW)n#1348457
-W Notary 1'ublk-CaAromia y
RNeWde County
aMycomm.Exp4es Mor26,2006
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EXHIBIT "B"
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SCHEDULE OF COMPENSATION
I
j Quantity Unit
Description of Work Estimate Unit Price Amount
Mobilization,Traffic Control, PMA0 Requirements,Call USA 855 L.F. $40 $ 34,200
Alert, remove and dispose of any damaged blocks and
resulting materials, provide and install Bin x 8in x 16in
concrete block, natural color, paint both sides of concrete
block with one coat of Sherwin Williams Weather-Clad
Exterior Latex"Beige"color or match existing color of existing
block wall and all appurtenance work per Detail-Section A-A,
Sheet 2A of plan titled "Street Improvement Plan for Civic
Drive between Alejo Road and Livmore Avenue", dated
08/14/69 as revised per Revision 1 dated 10/11/06 and
conformance to California Building Code 2001 Edition,
Standard Specifications for Public Works Construction 2003
Edition and all laws,ordinances and regulations of the City of
Palm Springs.
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February 15 , 2006
ITEM NO . 25 .
Materials to Follow