HomeMy WebLinkAbout11/14/2007 - STAFF REPORTS - 2.D. FpALM SAR
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November 14, 2007 CONSENT CALENDAR
Subject: AWARD OF CONTRACT FOR THE PALM SPRINGS SWIM CENTER
POOL REPAIRS PROJECT, CITY PROJECT 06-19
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
Parks and Recreation Department
SUMMARY
This year, the Parks and Recreation Department has budgeted funds to repair the Palm
Springs swimming pool at the Swim Center. Award of this contract will allow staff to
proceed with this public project.
RECOMMENDATION:
1) Reject the apparent low bid submitted by Sipovac Construction, Inc., as non-
responsive, and
2) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR
THE 2007-08 FISCAL YEAR"; and
3) Approve Agreement No. in the amount of $259,400 with Condor Inc., for
the Palm Springs Swim Center Pool Repairs Project, City Project No. 06-19; and
4) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Parks and Recreation Department has budgeted funds to repair the Palm Springs
swimming pool. The required completion date for this project is January 31, 2008. The
project specifications have been prepared by the Public Works and Engineering
Department staff, and on October 3, 2007, the City Council approved the plans and
specifications and authorized staff to advertise for construction bids. On October 05,
2007 and October 12, 2007, the project was advertised for bids, and at 2:00 p.m. on
November 6, 2007, the Procurement and Contracting Division received construction
bids from the following contractors:
Item 2 . D .
City Council Staff Report
November 14, 2007 - Page 2
Swim Center Pool Repairs (CP 06-19)
1. Sipovac Construction, Inc.; Palm Desert, CA $189.100 — non responsive'
2. Condor, Inc.; El Monte, CA: $259,400
3. South Coast Pool Plastering, Inc.; Lakeside, CA: $287,160
4. California Commercial Pools, Inc.; Glendora, CA: $294,400 -- non responsive
5. Rammell Construction; Palm Springs, CA: $366,800 -- non responsive3
6. Doug Wall Construction; Bermuda Dunes, CA: $648,460 — non responsivc4
In reviewing the submitted bids, staff determined that four of the six bids were invalid, or
non-responsive, including the apparent low bid. Specifically, the bid submitted by
Sipovac Construction, Inc., indicated on the List of Subcontractors that 90% of the work
was to be subcontracted to Stone Canyon Pools. The project specifications require that
at least 50% of the work be performed by the general contractor. In consulting with the
apparent low bidder, staff was advised that the information submitted by the bidder was
a clerical error, and that in fact the bidder intended to perform more work than was
indicated. However, staff could not reconcile the information the apparent low bidder
provided, and in consultation with the City Attorney, determined that the alleged clerical
error was not a minor bid informality that should be waived by the City Council.
Therefore, staff is recommending that the project be awarded to the second low bidder
Condor, Inc.
However, the project estimate was $150,000. As the swim center pool repairs are of an
urgent nature, it is staffs recommendation that City Council amend the 2007/2008 fiscal
year budget and transfer $100,000 from General Fund balance for the swim center pool
repairs project.
The second low bid was submitted by Condor, Inc. The company is a California
corporation, and its principal officers are Fred Weiss and Earl Weiss.
FISCAL IMPACT-
In order to provide full funding for this project, it is necessary to amend the 2007/2008
fiscal year budget and transfer $100,000 from General Fund balance, to supplement
funding for this project budgeted in account 261-2493-51552.
' Proposed subcontracting 90% of total contract, violating project specifications.
2 Failed to complete the List of Subcontractors required by Public Contract Code 4100,
3 Submitted Bid an wrong Bid Schedule form-
4 Proposed subcontracting 80% of total contract, violating project specifications.
2
City Council Staff Report
November 14, 2007- Pages 3
Swim Center Pool Repairs (CP 06-19)
SUBMITTED-
David J- Barakian Toy jutzlaff
Director of Public Works/City Engineer A sis nt City an r
David H. Ready, ` Sharon Heider
City Manager Director of Parks and Recreation
3
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE BUDGET
FOR THE 2007-08 FISCAL YEAR.
WHEREAS Resolution 21901 approving the budget for the fiscal year 2007-08
was adopted on June 6,2007; and
WHEREAS the City Manager has recommended, and the City Council desires to
approve, certain amendments to said budget;
NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized
to record inter-fund cash transfers as required in accordance with this Resolution,
and that Resolution 21901, adopting the budget for the 2007-08 fiscal year is
hereby amended as follows:
SECTION 1. ADDITIONS
Fund Activity Account Amount
261 2493 51552 $100,000
Purpose
SECTION 2. SOURCE
Fund Activitv Account Amount
001 29301 $100,000
ADOPTED THIS 14th day of November, 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
4
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 November
14, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
5
AGREEMENT
THIS AGREEMENT made this day of in the year 2007, 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 t -THE WORK
The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City'a Contract Documents
entitled,
SWIM CENTER-POOL RERAIBS
CITY PROJECT NO. 06-1 9
The Work is generally described as follows:
The Work comprises swimming pool repairs which include the removal of existing plaster down to the gunite
subsurface; high pressure water blasting and hypo washing; replastering the entire swimming pool; replacing all
existing tiles: installing new lane marker and turn target tiles; and all appurtenant work at the City of Palm Springs
Swim Center.
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
Article 12 of the General Conditions. 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 $756.00 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 Schedule(s)
ARTICLE 4-THE CONTRACT DOCUMENTS
The Contract Documents consist of: Nonce Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule, the
Schedule of Values, 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, Notice of Award, Notice to Proceed, Notice
of Completion, General Conditions of the Contract, Supplementary General Conditions of the Contract,Technical Specifications,
Drawings listed in The Schedule of Drawings in the Supplementary General Conditions or on the Cover Sheet of 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 Article 14 of ilia General Conditions and the
Supplementary General Conditions. Applications for Payment will be processed by the Engineer or the City as provided in the
General Conditions.
SWIM CENTER POOL REPAIRS AGREEMENT FORM
CITY PROJECT NO. 6.19 AGREEMENT&BONDS- PAGE 1
9/26/2007
ARTICLE 6-NOTICES
Whenever any provision of the Contract Documents requires the giving of 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 Article 1 of the General Conditions and Supplementary General Conditions
will have the meanings indicated in said General Conditions and Supplementary General Conditions. 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.
ATTEST: CITY OF PALM SPRINGS,CALIFORNIA APPROVED BY THE CITY COUNCIL:
By Minute Order No. - .__Date
City Clerk
Agreement No
APPROVED AS TO FORM:
By j1^
City Attorney
Date IJ
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
SWIM CENTER POOL REPAIRS AGREEMENT FORM
CITY PROJECT NO, 6-1 g AGREEMENT&BONDS-PAGE 2
9/7/2007
CONTRACTOR'Check one: Individual Partnership Corporation
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice
President AND e- Secretary, Assistant Secretary,Treasurer, Assistant Treasurer, or Chief Financial Officer.
By _ By
SIGNATURE NOTARIZED SIGNATURE NOTARIZED
Name: Name:
Title: Title,
Address: Address:
State of State of
County of County Of
On before me On before me
personally appeared personally appeared
personally known to me (or proved to me on personally known to me (or proved to me on
the basis of satisfactory evidence) to be the the basis of satisfactory evidence)to be the
persons) whose name(s) is/arc subscribed person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to the within instrument and acknowledged
to me that he/she/they executed the same in to me that he/she/they executed the same in
his/her/their authorized oapacity(jez), and his/her/their authorized capacity(ies) and
that by hWherhheir signatures) on the that by hWherhheir signature(g) on the
instrument the person(s), or the entity upon instrument the person(s), or the entity upon
behalf of which the porson(s) acted, behalf of which the person(s) acted
executed the instrument, executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature Notary Signature
Notary Seal: Notary Seal:
SWIM CENTER POOL REPAIRS WORKER'S COMPENSATION CERTIFICATE
CITY PROJECT NO. 6-19 AGREEMENT&BONDS-PAGE 3
9/7/2007