HomeMy WebLinkAbout7/16/2008 - STAFF REPORTS - 2.G. �y
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Cit-v Council Staff Repo
July 16, 2008 CONSENT CALENDAR
Subject. PALM SPRINGS STORM DRAIN LINE 6A, LINE 8, LATERAL 20C AND
LATERAL 20CA PROJECT, CITY PROJECT 05-20
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Public Works and Engineering Department has coordinated the preparation of
construction documents for three different master planned storm drain facilities,
identified as Line 6A, Line 8, Lateral 20C and Lateral 20CA. Award of this contract will
allow staff to proceed with the storm drainage improvements on Sunrise Way.
RECOMMENDATION:
1) Adopt Resolution No. "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, CITY
PROJECT NO. 05-20."
STAFF ANALYSIS:
The City, in cooperation with the Riverside County Flood Control & Water Conservation
District (RCFC), developed a Master Plan of Drainage for Palm Springs, which was
adopted in the 1980's. The Master Plan of Drainage has major flood control facilities
identified throughout the City, with most of them aligned along the City's major streets.
Several of these facilities were previously installed by RCFC or by the City, however,
much of the Master Plan of Drainage is yet to be installed.
The Public Works and Engineering Department previously identified three priority flood
control facilities for construction, those being:
• Line 6A (in Sunrise Way, from Vista Chino to Via Escuela) — this facility will extend a
storm drain and install catch basins along Sunrise Way adjacent to the Albertson's
Shopping Center, which is an area of constant nuisance water,
ITEM NO. --
W
City Council Staff Report
July 16, 2008-Page 2
Storm Drain Projects (CP 05-20)
• Line 8 (in Sunrise Way, from the Baristo Channel to Andreas Road) — this is one of
the major storm drain facilities for the City, and will provide much needed flood
control protection of Sunrise Way and adjacent properties. Flooding occurs at the
Sunrise Way / Ramon Road intersection, which will be alleviated by this new storm
drain facility.
• Laterals 20C/20CA (in EI Cielo, from Ramon Road to Baristo Road; and in Baristo
Road, from El Cielo Road to Compadre Road) — Lateral 20CA is a developer funded
project, 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). Staff pursued a commitment from the developer, Palm Springs Modern
Homes, to fund Lateral 20CA, however, given the current state of the economy, the
developer has advised the City of its intent to defer any work related to their project.
These storm drain facilities are large structures. For example, Line 8 in Sunrise Way
consists of a 12 feet wide by 6 feet high reinforced concrete box culvert, and extends
from the Baristo Channel to north of the Ralph's Shopping Center, at a depth of
approximately 15 feet below grade. This structure will be constructed using cast-in-
place materials and pre-fabricated box culverts. As with any of these facilities that are
extended within City streets, due to their size and depth, impacts to adjacent properties
and inconvenience to the general public are unavoidable. To reduce impacts to traffic,
construction will be allowed to occur at night; however, construction related impacts
(noise and light) is likely to inconvenience residents in certain locations.
The plans and specifications were prepared by the City's consultant, Engineering
Resources of Southern California, Inc. (ERSC), and on May 17, May 24, and May 31,
the project was advertised for bids, and at 3:00 P.M. on July 1, 2008, the Procurement
and Contracting Division received construction bids from the following contractors.-
1- Beador Construction Co., Inc.; Corona, CA; $6,374,700 (non-responsive)
2. Ken Thompson, Inc.; Corona, CA; $6,444,879
3. Weka, Inc.; Redlands, CA; $6,681,285
4. Genesis Construction; Hemet, CA; $6,974,777
5. Southern California Pipeline Construction, Inc.; Tustin, CA; $7,635,800
6. TC Construction Co., Inc.; Santee, CA; $7,924,800
7. Bonadiman-McCain, Inc.; San Bernardino, CA; $8,532,396.94
8. Utah Pacific Construction Company; Murrieta, CA; $8,575,148
9. ARB, Inc.; Lake Forest, CA; $8,976,448
10. Pacific States Engineering; Menifee, CA; no bid totals stated (non-responsive)
The Bid Summary is on file with the Public Works Department.
The Engineer's Estimate was $5,850,000.
It is staffs recommendation that City Council not award Bid Schedules C and D which
relate to construction of Storm Drain Laterals 20C/20CA, as staff has had
OCZ
City Council Staff Report
July 16, 2008-Page 3
Storm Drain Projects (CP 05-20)
correspondence with Palm Springs Modern Homes, who has indicated no intention at
this time to fund the construction of the storm drain improvements that benefit their
development "156 @ Tahquitz", Tentative Tract Map 33341. Therefore, it is
recommended that funds that were budgeted for Storm Drain Lateral 20C be allocated
to Storm Drain Line 6A and Line 8, to fund the construction inspection, materials testing
and administration costs, as well as any contingencies that might occur during
construction.
The low bid was submitted by Beador Construction Co. Inc.; however, in reviewing the
Contractor's bid, it was found to be non-responsive due to a failure to follow explicit
instructions included in Addendum No. 5 and the amended Bid Schedule B document.
Therefore, staff is recommending that the City Council determine the low bidder as non-
responsive, and award a contract to the lowest responsive bidder, Ken Thompson, Inc.
The company is a California corporation, and its officers are: Kenneth D. Thompson,
President/Secretary; Daniel J. Deming, Executive Vice President; and Kenneth M.
Thompson, Vice President.
The scope of this project requires that the City use contract staff to administer the
construction phase, including inspection, materials testing, and contract administration.
Staff has negotiated an amendment to the design consultant's (ERSC) contract to
include construction phase services, on a time and materials basis not to exceed
$290,560. Staff recommends that the City Council approve Amendment No. 3 to the
design consultant's (ERSC) contract, to furnish the necessary construction
administration services.
As discussed above, this project will have impacts to traffic, as well as create temporary
impacts such as light, noise, and vibration, due to the large excavations required to
construct the storm drain facilities. It is staffs recommendation that the City Council
authorize the City Engineer to pursue diligent completion of this project, including
scheduling construction outside of normal working hours for areas where construction
during the day would cause significant disruptions to traffic, and disrupt access to local
businesses. It has been specified that certain segments of these storm drain facilities
be constructed at night, such as within Sunrise Way/Ramon Road and other major
intersections, or across access points to major businesses. Although the night work
may cause disruption to adjacent properties, it is recommended that the night work be
authorized to reduce the greater impact the construction would cause during the day
when traffic volumes on Sunrise Way are significantly higher.
This project is of regional significance, and to ensure that the project construction
proceeds without delay, it is recommended that special authority be granted to the City
Manager to approve contract change orders for this project up to 10% of the project
awarded construction contract amount. This will allow the City Manager, upon the
recommendation of the City Engineer, to authorize up to an additional $508,759.80 in
cumulative change orders, to allow this project to proceed without delay in the event
changes in the work, or extra work, are necessary.
DD® D�i �
City Council Staff Report
July 16, 2008- Page 4
Storm Drain Projects (CP 05-20)
FISCAL IMPACT:
To fully fund this project, it is necessary to make use of funds previously allocated for
other drainage projects. It is staff's recommendation that the City Council determine
that the Storm Drain Line 6A and Line 8 projects are priority projects, and to re-allocate
funds budgeted for other projects from the following accounts towards this project:
135-4370-55000 (North Zone - Drainage Program)
135-4370-55002 (North Zone —Vista Chino/Farrell Basin Landscape)
135-4371-50227 (Central Zone —Amado/Alvarado Street Improvements)
135-4371-55000 (Central Zone — Drainage Program)
135-4371-55003 (Central Zone — Block Wall/Palm Canyon Wash-Tahquitz Creek)
135-4371-55006 (Central Zone— Storm Drain Line 20)
135-4372-55005 (South Zone — Storm Drain Line 23)
135-4373-55000 (East Zone — Drainage Program)
Funding for this project will be made available in the following accounts: 135-4370-
65009 (Storm Drain Line 6A), 1 35-4371-5501 0 (Storm Drain Line 8), and 812-8192-
55010 (Storm Drain Line 8).
SUBMITTED:
David J. Barakian Thomas J. Wils-
Director of Public Works/City Engineer Assistant City Manager
�--�—
David H. Ready, City er
ATTACHMENTS:
1. Resolution
2. Agreement
3. Amendment No. 3 to Agreement No. 5275
0000C4
RESOLUTION NO.
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, CITY PROJECT 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 8.04.220 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 6A, 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.
doccc5
Resolution No.
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
Cityy'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 135-4371-50227 (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. 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 $290,560 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.
Resolution No.
Page 3
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
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. Ready, City Manager
ATTEST:
James 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. _ 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 18, 2008, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
AGREEMENT
THIS AGREEMENT made this day of 200 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 Ken Thompson. Inc. 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:
PALM SPRINGS STORM DRAIN PROJECTS
LINE 6A, LINE 8, LINE 20C AND LINE 20CA
CITY PROJECT NO. 05-20
The Work comprises the construction of major storm drain and flood control
improvements, consisting of various size reinforced concrete structures ranging in size
from 18" to 78" reinforced concrete pipe (RCP), 8' W by 5' H and 12' W by 6' H reinforced
concrete box (RCB), manhole structures, junction structures, transition structures, and
catch basins; removal and replacement of existing asphalt concrete pavement and
crushed miscellaneous base; traffic striping and markings; and all appurtenant work.
The work is identified as: Palm Springs Storm Drain Line 6A, located in Sunrise Way from
Vista Chino to Via Escuela; and Palm Springs Storm Drain Line 8, located in Sunrise Way
from the Baristo flood control channel to Andreas Road.
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$7,500 for each
06C)60�
PALM SPRINGS STORM DRAIN LINE 6A,8,20C,20CA AGREEMENT FORM
CITY PROJECT NO 05.20 AGREEMENT AND BONDS-PAGE 1
4/28/08
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 $5,087,598 (Bid Schedules A and B only)
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-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, Addenda numbers No. 1 to No. 6 , 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
0G6UC9
PALM SPRINGS STORM DRAIN LINE 6A,8,20C,20CA AGREEMENT FORM
CITY PROJECT NO,05-20 AGREEMENT AND BONDS-PAGE 2
4128108
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.
ATTEST:
CITY OF PALM SPRINGS,
CALIFORNIA
By
City Clerk
APPROVED AS TO FORM:
APPROVED BY THE CITY COUNCIL:
By
City Attorney Date
Date Agreement No.
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
PALM SPRINGS STORM DRAIN LINE 6A,8,20C,20CA AGREEMENT FORM
CITY PROJECT NO 05-20 AGREEMENT AND BONDS-PAGE 3
4/28/08
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: Ken Thompson, Inc. Check one _Individual_Partnership X Corporation
Address: 1785 Sampson Avenue
Corona, CA 92879
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 n State of n
County of FSS County of OsS
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 subscribed to the within instrument and Is/are 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 behalf instrument the person(s), or the entity upon 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:
60001a
PALM SPRINGS STORM DRAIN LINE 6A,8,20C,20CA AGREEMENT FORM
CITY PROJECT NO 05-20 AGREEMENT AND BONDS-PAGE A
4/28/08
AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 5275
WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
PALM SPRINGS STORM DRAIN LINE 6A, 8, LATERAL 20C, AND LATERAL 20CA
CITY PROJECT NO 05-20
The following articles of Agreement No. 5275 are hereby amended to read as follows.
2.1 Contract Sum
The first sentence is amended to read.
For the services rendered pursuant to this Agreement, the Contractor shall be compensated in
accordance with the"Schedule of Compensation"attached hereto as Exhibit"C"and incorporated
herein by this reference, but not exceeding the maximum contract amount of Six Hundred Fifty-
Two Thousand Five Dollars($652,005.00)(herein"Contract Sum"),except as provided in Section
1.8,
3.4 Term.
The section is amended to read:
Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall
continue in full force and effect until the earlier of the completion of the services, or December 31,
2010, unless otherwise extended by amendment.
SCOPE OF SERVICES (Exhibit"A") - Please see attached sheets for additional work.
SCHEDULE OF COMPENSATION (Exhibit"C"),- Please see attached sheet.
Purchase Order Number(s): 616349
Agreement Number- 5275
Original MO Number: 7852
City Council Approval: May 3, 2006
Original Contract Amount: $ 295,480,00
Amount of Prior Increases: $ 65,965,00
Amount of This Increase: $ 290,560.00
Amended Total- $ 652,005.00
Account No.'s for this Increase:
135-4370-55009, 135-4371-55010
SIGNATURES ON LAST PAGE
Agreement No.5275
Amendment No, 3
Page 2
EXHIBIT A is amended as follows.
Add the following construction phase tasks:
PRE-CONSTRUCTION SERVICES
Photo Survey - Perform an initial pre-construction photo survey and documentation of the existing
conditions on both City and private property. Photo survey shall be used to protect the City's interest
against claims outside the project limits and ensure the construction contractor replaces everything in kind
that may be damaged as a result of the construction operations.
CONSTRUCTION SERVICES
Pre-Construction Meeting-Organize and coordinate a pre-construction conference with the construction
contractor and sub-contractors, City staff, project designer, utility companies, and any other agencies
required to attend. Prepare an outline for the pre-construction conference, reviewed and approved by the
City.
Construction Meetings- Regularly scheduled coordination and status meetings to review project status
and budget;facilitate decision making;and discuss issues that have the potential of adversely affecting the
project budget, schedule, or product. Contractor shall prepare meeting agenda in consultation with City
project manager, distribute agenda prior to meeting, arrange for appropriate participants to attend, and
distribute meeting notes for regular project status meetings and public meetings.
Contract Documents - Interpret the intent of the plans and specifications to protect the City against
defects and deficiencies on the part of the Contractor, and maintain the project budget and schedule.
Labor Compliance-Perform labor compliance tasks, including verifying certified payrolls, subcontractor
utilization, and labor interviews.
Progress Reports- Prepare weekly and monthly progress reports and submit to the City.The reports will
address the progress of the work, the project schedule, information/decisions required to maintain the
schedule and complete deliverables, problems encountered that may affect schedule, budget, work
products,anticipated work for the following week and month,and should contain photographs documenting
the progress of the work.
Contractor Proposals - Evaluate construction contractor's cost-reduction proposals and provide
recommendations to the City.
Utility Coordination - Coordinate with the appropriate utility companies for work that affects its specific
utility.
Shop Drawings - Coordinate, document, and make engineering recommendations regarding shop
drawings and their compliance with the plans and specifications for the City's and design engineer's
approval.
Project Submittals-Coordinate,document,and make engineering recommendations regarding submittals
and their compliance with the plans and specifications for the City's, regulatory agency's or design
engineer's approval.
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Agreement No, 5275
Amendment No 3
Page 3
Materials Testing -Coordinate, conduct, interpret, and supervise all required soils and material tests in
accordance with applicable standards.
Surveying- Provide review and approval of construction contractor's construction surveying and staking
to ensure adequacy and accuracy. Construction surveying and staking will be the responsibility of the
Contractor.
Test Data - Review and make recommendations on manufacturer's shop or mill tests (or reports from
independent testing laboratories)relative to materials,equipment, performance ratings,and concrete data
as necessary to ensure conformance with the project specifications.
Trench Safety- Provide engineering review and approval of construction contractor's sheeting, shoring
and bracing drawings and calculations for compliance with the specifications and Cal OSHA Safety orders.
Traffic Control- Review and make recommendations regarding all traffic control proposals, and inspect
construction contractor's traffic control to ensure compliance with specifications and City standards.
Safety - Conduct and document project safety meetings in accordance with the project requirements.
Report all accidents, including property damage,and notify proper authorities. Document all incidents with
photographs and written reports. Enforce Federal and State regulations for occupational safety and health
standards for all construction activities.
Final Inspection - Make final inspection of all construction, and provide written documentation indicating
conformance with the plans and specifications and approved change orders.
Progress Payments - Review monthly payment applications submitted by the construction contractor,
determine whether the amount requested reflects the progress of the construction contractor's work.
Prepare progress payment reports and submit to the City for approval prior to distribution to the
construction contractor. The reports will contain the total construction contract amount, payments to date,
current requested payment, retainage, and the amounts owed this pay period.
Project Records - Maintain at the project site all correspondence, memoranda, contract documents,
change orders, claims, City and engineer directives, meeting minutes, shop drawings, supplementary
drawings, and request for payment. Contractor will also maintain a current list of names, addresses and
telephone numbers of the construction contractors, subcontractors, and principle material suppliers
associated with the projects, To aide in the organization and efficiency of the project records Contractor
establishes a filing system using the CalTrans Construction Manual as a guideline.
Construction Schedules-Reviewthe construction contractor's baseline and monthly up dated schedules.
Monitor the progress of the construction contractor's work and compare on a continual basis how the
overall project schedule is being affected. Notify the City immediately as to any events or conditions which
may cause delays to the completion date of the project.
Construction Coordination - The project manager on the project is responsible to act as a liaison
between the inspector, construction contractor, City, Riverside County Flood Control and Water
Conservation District, surveyors, material testers, utility companies and other project consultants. The
project managerwill stay in direct contactwith the City supplying requested project information and support.
The project manager will coordinate the implementation of the City approved changes with the design
engineer.
Agreement No.5275
Amendment No.3
Page 4
Storm Water Pollution Prevention&PM-10 Plans-The resident engineer will ensure a prompt submittal
from the construction contractor for the storm water pollution prevention plan (SWPPP) and local PM-10
Plan. Once the SWPPP and PM-10 plans are approved the resident engineer will cooperate with the
monitoring agency in regard to inspections and field reviews.
Contract Change Orders-The resident engineer will receive and evaluate the construction contractor's
request for a change or substitution. Acceptable contract changes will be submitted to the City for approval
and will be accompanied by the resident engineer's recommendation. The resident engineerwill coordinate
scope of requested change order with the design engineer. Upon the City's approval the resident engineer
will negotiate and prepare appropriate contract change orders. All unnecessary change orders will be
avoided. The preferred method of payment for City approved change orders are as follows:
Agreed Lump Sum
Adjustment in Compensation at Bid Item Price
Adjustment in Compensation at Agreed Unit Price
Time and Materials or Force Account
Claims -The resident engineer will identify all potential claims, track and monitor unresolved claims and
implement claims avoidance processes at all times. The resident engineer will assist the City, as
requested,in the identification,resolution,and final disposition of claims filed by the construction contractor
or third parties against the City or the project.
Construction Inspection - The resident engineer will coordinate all required inspections necessary for
the project, in accordance with CalTrans Standard Specifications and Plans, Work Area Traffic Control
Handbook (WATCH), State of California Construction Safety Orders (CalOSHA), and the Standard
Specifications for Public Works Construction (Greenbook). Inspectors will be required to perform daily
on-site observations of the progress and quality of construction to determine if the work being performed
is in general conformance with the contract documents and all applicable laws, codes and ordinances.
Inspectors will prepare complete and accurate daily reports, calculations, project records, progress
payment quantities, reports and correspondence related to the project activities. Night inspections for
advanced night work approved by the City shall be provided.
Cost and Schedule-The resident engineer will be responsible for tracking and monitoring contract pay
item quantities and payments, contract change orders, supplemental work items, agency furnished
materials, contingency balance, and overall project budget.
Permits-The resident engineer will insure that all necessary permits are obtained. The resident engineer
will assist the City in the coordination, timely processing and verification of approval for all permits-
POST-CONSTRUCTION SERVICES
Record Drawings-Coordinate preparation by the construction contractor one set of record drawings with
"As built" corrections. The record drawings will be prepared on original, full-size mylars by the engineer
responsible for the work.
Contract Records - Provide the City with the original set of construction documents cataloged in
accordance with applicable construction management and project administrative practices, including all
documentation, correspondence, diaries, contract documents, labor compliance, etc.The documents are
to be boxed in storage boxes supplied by the Contractor.
Agreement No 5275
Amendment No.3
Page 5
Punchlist- Contractor shall keep an active list of items which need to be completed or corrected by the
construction contractor for final completion of the project. This list will need to be completed before the
resident engineer will request a final payment from the City. Contractor shall also conduct the final walk
through with the City, construction contractor, and design engineer after the puchlist items have been
satisfactorily completed.
Agreement No.5275
Amendment No. 3
Page 6
EXHIBIT C is amended as follows:
The following compensation specific to the Construction Phase shall be added, as follows.-
Payment for services rendered under this Agreement shall be paid on a not to exceed, on a per-hour basis, as follows:
Project Construction Soils/Materials Project Total Total
Manager/Office Inspector Technician Engineering/ Hours Cost
Engineer Management
Task Description $130 $100 $77 $155
1 Pre-Construction Services 16 16 24 0 56 $5,528
2 Construction Services 320 960 936 20 2,236 $212,772
3 Post-Construction Services 24 60 0 14 98 $11,290
Total Hours 360 1,036 960 34 2,390
Professional Fees $46,800 $103,600 $73,920 $6,270 $229,590
Overtime
Construction Inspector-240 hours @ $119/hour $28,560
Field Technician- 160 hours @ $115/hour $18,400
Reimbursable Expenses $2,800
Laboratory Testing Costs $11,210
Total Construction Phase Services (Not to Exceed) $290,560
The City reserves the right to re-allocate hours between the tasks,to address changes to services required during the progress of the work, including increases
to task amounts, provided, the total not to exceed amount is not exceeded. Fees include all reimbursable expenses, unless as otherwise specifically shown.
Laboratory testing costs shall be reimbursed up to the total amount not to exceed, subject to review and approval of receipts for invoiced laboratory testing.
Compensation shall be paid monthly, based on submitted invoices showing hours charged to each task, and receipts for reimbursable or other direct expenses.
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Except as specifically amended by this Amendment No. 3, all terms and provisions of Agreement
No. 5275 remain in full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By: By.
City Clerk City Manager
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR: Engineering Resources of Southern California, Inc.
Check one:_Individual_Partnership xCorporation
Corporations require two notarized signatures. One signature must he from the 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)
John M. Michael J. Stearns, P.E.
By. CL- By.
�y"�d V R-wC.r�I/ I`r
Notarizel Signature of8,hairman-af- Fdi Notarized Signature retary,AssFSeffetary,
Pre ident-ofarry-Mee-Peesidem �feasereF-AsSt•#reasereFer�hra{f+n3asial-C ceF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMSNT
State of California
County of Riverside
On May 30, 2008 before me, Brenda Sue VI-E er. Notar Public
����' Nere Insetl Name antl Tillo of iha Officer
personally appeared Sohn M. Brudin and Michael J. Stearns
Nomc(a)of Sgnegal
who proved to me on the basis of satisfactory evidence to
be the persons) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
bu-� /they executed the same in hiwher/their authorized
capacity(ies), and that by ftWhazi/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State Of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Plato Note Seal Abeve Signature
Notary Si9nnlurc•of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document Amendment No. 3 to Contract Services A reement No. 5275
Document Date: May 30 2008 Number of Pages: 7
Signer(s) OthcrThan Named Above: Palm Springs City Clerk, City Manager, City Attorney
Capacity(ies) Claimed by Signer(s)
Signer's Name: John M. Brudin Signer's Name: Michael J. Stearns
❑ Individual 0Individual
43 Corporate Officer—Title(s): President 43 Corporate Officer—Title(s): Secretary
❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—F Limited El General
El Attorney in Fact [I Attorney in Fact
❑ Trustee mP or rhumb hero ❑Trustee Top or thumb hero
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other.
Signor Is Representing: Signer Is Representing:
Engineering Resources Of Engineering Resources of
southern Cali nia. Inc. Sout]lgrn Californirt�,�n`c�.
02007 Nahon;d Notary Association-93s0 Oo Solo Ave. P.O Box 2402-Chao orth,CA 91313-2d02-w Ngw-,Voteryorg Item 95907 R,vrdcr Ca11To11•1?11 1,900,870.0027
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