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HomeMy WebLinkAbout22312 - RESOLUTIONS - 7/16/2008 RESOLUTION NO. 22312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TAKING CERTAIN ACTIONS RELATED TO PALM SPRINGS STORM DRAIN LINE 6A AND LINE 8, CP NO. 05-20. WHEREAS, the City Council of the City of Palm Springs (hereinafter "City"), by Resolution, originally adopted a Master Plan of Flood Control and Drainage on December 11, 1967; and Whereas, by Resolution adopted March 18, 1981, in cooperation with the Riverside County Flood Control and Water Conservation District (hereinafter "District"), began the implementation of the Master Plan of Flood Control and Drainage for the Palm Springs Area (hereinafter "Master Plan of Drainage"); and WHEREAS, the implementation of the Master Plan of Drainage serves an important public purpose by providing flood control protection of public and private property, and promotes the public health, safety and welfare by maintaining effective access along public streets during floods; and WHEREAS, the City has identified Storm Drain Line 6A and Line 8 as priority facilities to implement from the Master Plan of Drainage; and WHEREAS, Storm Drain Line 6A and Line 8 are located along Sunrise Way, a major thoroughfare within the City carrying high volumes of traffic and located near residential development and commercial centers; and WHEREAS, Chapter 8.04.220 "Limitation of Hours of Construction" of the Palm Springs Municipal Code, exception (3), restricts work being conducted in the public right-of-way under the authority of the engineering department between 7:00 A.M. and 3:30 P.M. except weekends and holidays unless otherwise approved by the city engineer; and WHEREAS, in order to better reduce impacts to traffic and maintain access to residential development and commercial centers, and to pursue the diligent completion of this important public project, the City Engineer recommends that the City Council temporarily suspend the working hours restrictions specified in Chapter 8.O4.220 of the Palm Springs Municipal Code for construction related to Storm Drain Line 6A and Line 8; and WHEREAS, on May 7, 2008, the City Council approved the plans, specifications, and working details for the Palm Springs Storm Drain Line GA, Line 8, Lateral 20C and Lateral 20CA, City Project 05-20, and authorize staff to advertise and solicit bids; and WHEREAS, on July 1, 2008, bids were received for Palm Springs Storm Drain Line 6A, Line 8, Lateral 20C and Lateral 20CA, City Project 05-20. Resolution No. 22312 Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby determines that Storm Drain Lateral 20C, previously advanced in priority to extend storm drain facilities in Baristo Road to accept runoff from the Agua Palm Springs project (also known as "156 @ Tahquitz", Tentative Tract Map 33341), and for which the developer, Palm Springs Modern Homes, was to fund the City's costs for construction of Storm Drain Lateral 20CA and who has advised the City of its intention to indefinitely defer a funding commitment for Storm Drain Lateral 20CA, is of a lower priority and shall be deferred until further notice. Section 2. The following funds continued from the 2007/2008 fiscal year budget shall be made available specifically for construction of Storm Drain Line 6A and Line 8 (City Project No. 05-20), and the corresponding programs or capital projects shall be suspended until funding is otherwise made available: 1. Account 135-4370-55000 (North Zone - Drainage Program) 2. Account 135-4370-55002 (North Zone —Vista Chino/Farrell Basin Landscape) 3. Account 135-4371-60227 (Central Zone —Amado/Alvarado Street Improvements) 4. Account 135-4371-55000 (Central Zone — Drainage Program) 5. Account 135-4371-55003 (Central Zone— Block Wall/Palm Cyn Wash-Tahquitz Creek) 6. Account 135-4371-55006 (Central Zone — Storm Drain Line 20) 7. Account 135-4372-55005 (South Zone — Storm Drain Line 23) 8. Account 135-4373-55000 (East Zone — Drainage Program) Section 3. The City Council hereby determines that the apparent low bidder, Beador Construction Co., Inc., is non-responsive for failure to follow instructions included in Addendum No. 5 dated June 24, 2008, and identified on the amended Bid Schedule B. Section 4. The City Council hereby determines that Ken Thompson, Inc., is the lowest responsive bidder, and hereby approves Agreement No. A5702 in the amount of $5,087,598 with Ken Thompson, Inc., for Bid Schedules A and B only, for the Palm Springs Storm Drain Line 6A and Line 8, City Project 05-20. Section 5, The City Council hereby grants the City Manager special contract and purchase order authorization, and hereby authorizes the City Manager to approve cumulative change orders of up to 10% of the awarded construction contract amount, $508,759.80. Section 6. The City Council hereby approves Amendment No. Three (3) to Agreement No. 5275 with Engineering Resources of Southern California, Inc., in the amount of $290,660 for a total revised contract amount of $652,005; to provide construction inspection, materials testing, and administration services for the Palm Springs Storm Drain Line 6A and Line 8, City Project No. 05-20. Section 7. The City Council hereby authorizes the City Engineer to schedule work conducted in the public right-of-way for construction of Storm Drain Line 6A and Line 8 Resolution No. 22312 Page 3 beyond the hours of 7:00 A.M. to 3:30 P.M., Monday through Friday, specified by Chapter 8.04.220 "Limitation of Hours of Construction" of the Palm Springs Municipal Code, and authorizes the City Engineer to schedule construction work as may be necessary to ensure the diligent completion of the project. ADOPTED THIS 16th day of July, 2008. David H. Read y-tlfy�M anage r ATTEST: mes Thompson, City Clerk 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. 22312 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 the 16th day of July, 2008, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tem Foat. ABSTAIN: None. es Thompson, City Clerk ity of Palm Springs, California 6