HomeMy WebLinkAbout1E OCRCity Council Staff ReJJorl
DATE: December 10, 2020 CONSENT CALENDAR
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO TORRES SANITATION
SYSTEMS CONSTRUCTION, A CALIFORNIA SOLE PROPRIETORSHIP,
IN THE AMOUNT OF $164,428 AND APPROVAL OF A PURCHASE
ORDER IN AN AMOUNT NOT TO EXCEED $42,224 TO VEOLIA WATER
WEST OPERATING SERVICES FOR CONSTRUCTION MANAGEMENT,
INSPECTION SERVICES FOR THE 2020 SEWER COLLECTION
SYSTEM REPAIRS PROJECT, CITY PROJECT NO. 20-20.
FROM: David H. Ready, City Manager
BY: Development Services Department
SUMMARY:
Award of this contract will allow the City to proceed with construction of needed point
repairs to the sewer mainlines and approval of a purchase order with our wastewater
treatment plant operator to provide the City with construction management and inspection
services for the 2020 Sewer Collection System Repairs Project, City Project No. 20-20
("Project"). This project is funded through the Wastewater Fund.
RECOMMENDATION:
1. Award a construction contract (Agreement No. ) to Torres Sanitation Systems
Construction, a California sole proprietorship, in the amount of $164,428 for 2020
Sewer Collection System Repairs Project, City Project No. 20-20; and,
2. Authorize a Purchase Order to Veolia Water West Operating Services, Inc., pursuant
to Agreement No. 6804, in an amount not to exceed $42,224 for construction
management, inspection and materials testing services for 2020 Sewer Collection
System Repairs Project, City Project No. 20-20; and,
3. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Torres Sanitation Systems Construction is a sole proprietorship and Veolia Water West
Operating Services, Inc. is a Delaware Corporation. A Public Integrity Disclosure Form
for each company is included in Attachment 1.
ITEM NO. .1 , J:
2City Council Staff Report December 10, 2020 --Page 2 Award City Project No. 20-20 -Sewer Collection System Repairs BACKGROUND: On September 10, 2020, the City Council approved the plans, specifications, and estimate for the Project, and authorized Staff to advertise and solicit bids. A copy of the staff report is included as Attachment 2. STAFF ANALYSIS: On October 16 and 23, 2020, Staff advertised the Project for bids in the Desert Sun, submitted the Notice Inviting Bids to plan rooms1, and provided the contract documents free of charge to prospective bidders. On November 18, 2020 at 3:00 p.m., the Procurement and Contracting Division received five bids from the following contractors: Company Torres Sanitation Systems Construction P. E. Brown Construction Mike Prlich and Sons, Inc. Tri Star Contracting II, Inc. GRBCON, Inc. Location South Gate, CA Palm Springs, CA Baldwin Park, CA Desert Hot Springs, CA Baldwin Park, CA Bid Amount $164,428 $210,495 $226,500 $299,955 $379,345 Torres Sanitation Systems Construction submitted the lowest responsive bid, significantly lower than the engineer's estimate range of $200,000 to $220,000. Local Business Preference Compliance Section 7 .09.030 of the Palm Springs Municipal Code ("PSMC"), "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. Torres Sanitation Systems Construction, is not considered a local business; however, they have submitted evidence of using businesses in the Coachella Valley to supply materials and equipment. Although the second and fourth lowest bidders are local businesses, the City's procurement code and State law require award to the lowest responsive bidder. Public Works Contractor Registration Law (SB 854) Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854 (2014 ), unless registered with the State of California Department of Industrial Relations (DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public works projects on or after March 1, 2015. Similarly, a public entity cannot award a 1 A Plan Room is a "library" where construction professionals may view bidding documents (blueprints and specifications) for projects seeking price estimates for specific construction products or services. There are 10 various plan rooms in southern California where the City submits its bid documents to ensure all contractors within the area are aware of the bid solicitation.
3City Council Staff Report December 10, 2020 --Page 3 Award City Project No. 20-20 -Sewer Collection System Repairs public works contract to a non-registered contractor, effective April 1, 2015. Staff has reviewed the DIR's contractor registration database, and has confirmed that Torres Sanitation Systems Construction, and their listed subcontractors are registered with the DIR, and are appropriately licensed. Bid Analysis Staff reviewed all bid documents submitted by the apparent low bidder and determined that Torres Sanitation Systems Construction complies with the instructions to bidders and has submitted the lowest responsive and responsible bid. Staff recommends that City Council approve the bid submitted by Torres Sanitation Systems Construction. A construction agreement is included as Attachment 3. Construction Management & Inspection On November 4, 2015, the City Council approved a Wastewater Services Agreement ("Agreement") with Veolia Water West Operating Services, Inc. for the operation and maintenance of the City's sewer collection system and the wastewater treatment plant. In accordance with Section 5.3, "Capital Projects" of the Agreement, Veolia recommended the City authorize a "Desirable Capital Project" for the repairs. On February 25, 2020, the City authorized Veolia to proceed with the preparation of the plans and specifications for the Project. Veolia has submitted a proposal for construction management and inspection services for the Project. A copy of the proposal is included as Attachment 4. Based on Veolia's knowledge of the impacted sewer pipes, staff recommends that they provide the construction management and inspection services. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. Therefore, the 2020 Sewer Collection System Repairs Project, City Project No. 20-20, is categorically exempt from CEQA, and a Notice of Exemption will be prepared and filed with the Riverside County Clerk.
4City Council Staff Report December 10, 2020 --Page 4 Award City Project No. 20-20 -Sewer Collection System Repairs FISCAL IMPACT: The estimated cost of the total project is identified in the following table: Table of Project Costs Amount Wastewater Programs (Fund 420) $200,000 Construction ($164,428) Construction Contingency ( 1 0%) ($16,442) Construction Management ($42,224) Project Administration ($14,750) Budget Remaining $156 Sufficient funds are budgeted and available in the Wastewater Fund (Fund 420). No General Fund or Measure J Capital Funds are required for capital projects directly related to the City's WWTP or sanitary sewer collection system. SUBMITTED: ~FE.~ .. / !. Director of Development Services Attachments: 1. Public Integrity Disclosure Forms 2. Staff Report -September 10, 2020 3. Construction Agreement 4. Veolia Proposal dated November 24, 2020 Marcus L. Fuller, MPA, PLS, PE Assistant City Manager
5Attachment 1
6PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity \ e"'~ ~~~·,~~0\1) S'j~ <.~~~ \.."\ ' 2. Address of Entity (Principle Place of Business) (\((\~ 0~ ~~ ~~ lt.Ak. C..~C\..O")....~C) 3. Local or California Address (if different than #2) <.. °' \, ~""V\Lot 4. State where Entity is Registered with Secretary of State C: t\ \ \~V\.'-0\ ff other than Cslifomia. is the Entitv also reaistered in Califomia? • Yes o No 5. Type of Entity -i::"' d \ Vlel ~ \ o Corporation o Limited Liability Company • Partnership • Trust)f Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and otherfiduciaries for the member, manager, trust or other entity ~~M~ \~"'~ • Officer D Director o Member o Manager [name] o General Partner o Limited Partner 1-0ther Ow~ o Officer • Director o Member o Manager [name] o General Partner o Limited Partner O Other o Officer o Director o Member• Manager [name] • General Partner a Limited Partner • Other CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 2020 SEWER COLLECTION SYSTEM REPAIRS CITY PROJECT NO. 20-20 OCTOBER 2020 Page 1of2 PUBLIC INTEGRITY DISCLOSURE FORM BID FORMS -PAGE 20
77. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity A. ~{v\-------• [name of official with whom owner/investor has [name of ownernnvestor] material financial relationship] FOR RELATIONSHIP A, EXPLANATION OF THE RELATIONSHIP: B. _--> -N ( v\-(name of owner/investor] [name of official with whom ownernnvestor has material financial relationship] FOR RELATIONSHIP B, EXPLANATION OF THE RELATIONSHIP: C. ~j:;ownerfl~) --[name of official with whom owner/investor has material financial relationship] FOR RELATIONSHIP C, EXPLANATION OF THE RELATIONSHIP: I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 2020 SEWER COLLECTION SYSTEM REPAIRS CITY PROJECT NO. 20-20 OCTOBER 2020 Page2of2 PUBLIC INTEGRITY DISCLOSURE FORM BID FORMS -PAGE 21
81. Name of Entity PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Veolia Water West Operating Services, Inc. 2. Address of Entity (Principle Place of Business) 53 State Street, 14th Floor, Boston, MA 02109 3. Local or California Address (if different than #2) 4375 E Mesquite Ave, Palm Springs, CA 92264 4. State where Entity is Registered with Secretary of State Delaware If other than California, is the Entity also reaistered in California? lxl Yes n No 5. Type of Entity ~ Corporation D Limited Liability Company D Partnership D Trust D Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _W1_1ll_ia_m_D_iC_ro_c_e ____________ ~ Officer ~ Director D Member D Manager [na D General Partner D Limited Partner •Other ___________ _ __.J ..... a=s=on.........,.._S....,al._.go=---------------I!] Officer ~ Director D Member D Manager [na D General Partner D Limited Partner •Other ___________ _ _ R_o_b_ert_A_re_n_de_l_l ____________ 00 Officer ~ Director D Member D Manager (Revised 09 13 18) [na D General Partner D Limited Partner D Other ____________ _ CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2
97. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE 50%, ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] A. Veolia Water North America-West, LLC 100% * [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party, Printed Name, Title Date Keith Oldewurtel, Senior Vice President CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE FORM APPLICANT DISCLOSURE FORM Page 2 of 2 (Revised 09 13.18)
10Continuation Page Item 6, continued John Gibson, officer James Pawloski, officer Daniel Mahoney, officer Keith Oldewurtel, officer Francis Ferrara, officer * Each of the persons listed in Item 6 (except James Pawloski) also serve as the officers of Applicant's parent company Veolia Water North America-West, LLC, and William DiCroce, Jason Salgo, and Robert Arendell also serve as managers of Veolia Water North America-West, LLC.
11Attachment 2
12City Council Staff ReQort DATE: September 10, 2020 CONSENT CALENDAR SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE 2020 SEWER COLLECTION SYSTEM REPAIRS PROJECT, CITY PROJECT NO. 20-20. FROM: BY: SUMMARY: David H. Ready, City Manager Development Services Department The construction documents (Plans, Specifications and Estimate) are completed and in accordance with Section 7.03.040 of the Procurement and Contracting Code, the City Council shall approve and adopt the plans, specifications and work details, and authorize the bid request for all public projects in excess of $200,000. Approval of this item will allow staff to proceed with the 2020 Sewer Collection System Repairs Project, City Project No. 20-20, with an estimated cost of $250,000. This capital project is a normal maintenance function of the City's sanitary sewer collection system and is entirely funded by the Wastewater Fund. RECOMMENDATION: Approve the plans, specifications and estimate; and authorize staff to advertise and solicit bids for 2020 Sewer Collection System Repairs Project, City Project No. 20-20. BACKGROUND: The City has approximately 230 miles of sewer mainlines in its sanitary sewer collection system that convey untreated sewage to the Wastewater Treatment Plant ("WWTP") where it is treated for reuse and reclaimed water purposes. On November 4, 2015, the City Council approved a Wastewater Services Agreement with Veolia Water West Operating Services, Inc. ("Veolia") for operation and maintenance of the City's sewer collection system and the WWTP, (the "Agreemenr). As a part of Veolia's services, Veolia performs a routine video inspection of the sanitary sewer collection system and sewer manholes to identify a condition rating based on the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment Certification Program (PACP). r;-eMNO. .LU -
13City Council Staff Report September 10, 2020 --Page 2 Authorize RFB City Project 20-20 During the most recent inspection, Veolia has identified 12 sewer line segments that have sections of pipes requiring replacement. A list of location of each sewer line repair and maps are included as Attachment 1. STAFF ANALYSIS: In accordance with Section 5.3, "Capital Projects" of the Agreement, Veolia recommended the City authorize a "Desirable Capital Project", and on February 25, 2020, the City authorized Veolia to proceed with the preparation of plans and specifications for construction. Staff has identified this as the 2020 Sewer Collection System Repairs Project, City Project No. 20-20, (the "Project"). Veolia has completed the preparation of plans and specifications for the Project. The contract documents prepared by Veolia have been reviewed and approved by the City's Engineering Division. With City Council approval, staff will advertise the Project in the Desert Sun, submit the Notice Inviting Bids to plan rooms 1, and provide the bid documents free of charge to prospective bidders. A copy of the contract documents are on file with the Engineering Division. The following tentative schedule has been identified for the bid process: Notice Inviting Bids to be posted: Deadline for receipt of bids: Contract awarded by City Council: September 15, 2020 October 20, 2020 November 12, 2020 . Staff recommends that the City Council approve the contract documents and authorize staff to formally solicit construction bids for the Project. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; therefore, the 2020 Sewer Collection System Repairs, City Project 20-20, is categorically exempt from CEQA, and a Notice of Exemption will be prepared and filed with the Riverside County Clerk. 1 A Plan Room is a "library'' where construction professionals may view bidding documents (blueprints and specifications) for projects seeking price estimates for specific construction products or services. There are 9 various plan rooms in southern California where the City submits its bid documents to ensure all contractors within the area are aware of the bid solicitation. 2
14City Council Staff Report September 10, 2020 --Page 3 Authorize RFB City Project 20-20 FISCAL IMPACT: The estimated cost of the total project is identified in the following table: Table of Project Costs Amount Wastewater Programs (Fund 420) $300,000 Construction ($250,000) Construction Management (37,500) Project Administration ($12,500) Budget Remaining $0 Sufficient funds are budgeted and available in the Wastewater Fund (Fund 420). No General Fund or Measure J Capital Funds are required for capital projects directly related to the City's WWTP or sanitary sewer collection system. SUBMITTED: ~ Marcus L. Fuller, MPA, PLS, PE Director of Development Services Assistant City Manager Attachment: 1 . List of Locations and Maps 3
15Attachment 1 4
16location
Len&thof Belin of End of Repair Approxfmat Approxfm
ID
Street name Cross street Pipe Damap Damage Method e Len&lhtD ate Depth Notes
Seament repair of pipe
1 RAMON RD CAMINO CALIDAO 76.5' 3.7 ft. 6.7 ft.
Point 5 ft. 6 ft.
Repair
VEREOA DEL SUR CAMINO DEL MIRASOL 369' 69.S ft. 71 Point 4ft. 8ft.
2
Repair
VEREDA DEL SUR CAMINO DEL MIRASOL 369' 276 ft. 278 ft. Point 2 ft. 8 ft.
Repair
3 EASEMENT
IN THE PALOS VERDES
30.1' 2.4ft. 3.3ft.
Point 4 ft. 6ft. In easement (dirt)
VILLAS APARTMENTS Repair
4 TACHEVAH DR INDIAN CANYON DR 229' 91.2 92.2 Point 4 ft. 8 ft.
Repair
5 EASEMENT CAHUILLARD 195' 24.7 ft. 27.4 ft. Point 5 ft. 5 ft. In easement (dirt)
Repair
MUSEUM DR TAHQUllZDR 252.7' 82 ft 87 ft Point 4ft. 7 ft
6
Repair
MUSEUM DR TAHQUITZDR 252.7' 220ft 226ft
Point 4 ft. 7 ft
Repair
CANYON CIRCLE SOUTH MERDACT 239.8' 114.4 ft. 115.1 ft. Point 4 ft. 8 ft.
7
Repair
CANYON CIRCLE SOUTH MERDACT 239.8' 197.3 ft. 199.2 ft. Point 5 ft. 8 ft.
Repair
8 VIA MIRALESTE MIRALESTE CT 309' 121.9 ft. 125.0 ft.
Point 7ft. 7ft.
Repair
9 AVENIDA GRANADA CALLE PALO FIERRO 283' 270.3 ft. 275 ft. Point 6 ft. 9 ft. Longitudinal crack starts at
Repair 270.3
10 AVENIDA AVELITA CALLE SAN RAPHAEL 211'
MH 2 ft. Point 3 ft. 9 ft.
H11113 Repair
DESERTWAY SUNNY DUNES RD 529' 192.0 ft. 201.4 ft. Point 14ft. 5 ft. Replacewye@ 192'
11
Repair
DESERTWAY SUNNY DUNES RD 529' 192.0 ft. 201.4 ft. Point 14 ft. 5 ft.
Repair
MESQUITE AVE NUEVA VISTA OR 254' 225.4 229 ft. Point 6 ft. 4.6 ft
12
Repair
MESQUITE AVE NUEVA VISTA DR 254' 241.4 ft. 249.0 ft. Point 11 ft. 4.6ft Under Stamped Concrete
Repair
(JI
17CIGDZ7 CtGIIIIII tCIIIRI P. CMIIMOPAROCB.A 1. Ramon Rd -Camino Calidad 2. Vereda Del Sur-Camino Del Mirasol ---II07t• 001 .. -_ : 1l· : : 31 Ill 3. Easement -Palos Verde Villas 4. Tachevah Dr -Indian Canyon Dr 6
18!~ 8 3 Dlal -·•••• 5. Easement -Cahuilla Rd .. 15 5 .. i i -DIOGfl 7. Canyon Circle South -Merda Ct --• i i .. 6. Museum Dr-Tahquitz Dr -· 1-I -i -,., £11117' -... , ,m MJ:I ----.. ---------.. --· • • • ..a ~ 8. Via Miraleste -Miraleste Ct ,,m;, ~IID i :! ! ... -7
19:.AH\'ON\11811'DR --0111118 c» !IID .m~~lll• ~ d2 -CS -a& \!!Ji G 2ilO -011911 s:lell -I) --'°· • .o":'7 .,_ am .,. . -, ·-;r=~~:--:aarn•• ii a:alllWII-D1'117~~CIIWWl,r. l -!II 9 '11 I ~ ~ -.1 9. Avenida Granada -Calle Palo Fierro :rS!I! ~-"· 1111~ NIIMI Ill~ $31 A'1 ll11M1 sas D,I •• -IU1MI 1111 .. at -t--~ Ml1NI $:> fMIIOOttt ' ... -:i:w NltCMI r.r g It J ~1 ""· I I 1111111 -'" Htal • • --511 Hn Hnlll' MIOIIIM MIIIIII IIID • • • ia . • 1111"'-1 -"'' 1111111 lffllSI .. • I ' LC: IQ llll I ra -m HI ... 1111111 m !Q 15 -I_ T 111 T m ca ec: .. --SS.-1 --a m mi rQ 111117 NIH71 i ~ l~ 1r1 11. Desert Way -Sunny Dunes rm ~ JHNY IJCD 1115 CJ4 11tG7 111111 C.-..l'OSAN MIGUEL 4 -..ma ST&I 3711 .JIU as -3l'e %12 &S! M11117 NESRD l7&7 Jiff .»O en m;Q '1i!l:!I .. CAW! SMMJQNIO liO :PQ SITT. mt SJ-..t aq CALU!SMIW'HA9-a 1111 HIIDl3 ---aims· JtlCIZP Hl1127 H11183 11111117 "11191 • • al -., aD .. 12. Mesquite Ave-Nueva Vista Dr 8
20Attachment 3
21AGREEMENT (CONSTRUCTION CONTRACT) THIS AGREEMENT made this 10th day of December, 2020, 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 Torres Sanitation Systems Construction 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 For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled: 2020 SEWER COLLECTION SYSTEM REPAIRS CITY PROJECT NO. 20-20 The Work comprises of the rehabilitation by way of point repairs of twelve (12) sewer line segments of eight-inch (8") sewer main (manhole to manhole), for a total of seventeen (17) short length repairs using open cut methods as detailed within the contract documents. 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 specified in Section 6-9 of the Special Provisions for each 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. Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor written notice, pursuant to Section 6-8 of the Special Provisions. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general 2020 SEWER COLLECTION SYSTEM REPAIRS CITY PROJECT NO. 20-20 OCTOBER 2020 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 1
22welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Contractor for Services performed through the date of termination in accordance with the Contract Documents. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. 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 Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor's Bid Proposal is $164,428. Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. ARTICLE 4 --THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program -Good Faith Efforts, Non-Discrimination Certification, Non-Collusion Declaration, 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 issued during bidding (if any), and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. 2020 SEWER COLLECTION SYSTEM REPAIRS CITY PROJECT NO. 20-20 OCTOBER 2020 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 2
23ARTICLE 5 --MUTUAL OBLIGATIONS For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents. Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. ARTICLE 6 --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 City Engineer as provided in the Contract Documents. ARTICLE 7 --NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice between the parties, 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 8 --INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced and made a part hereof. Prevailing Wages. Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free 2020 SEWER COLLECTION SYSTEM REPAIRS CITY PROJECT NO. 20-20 OCTOBER 2020 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 3
24and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. ARTICLE 9 --NON-DISCRIMINATION In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. ARTICLE 10 --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 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. SIGNATURES ON NEXT PAGE 2020 SEWER COLLECTION SYSTEM REPAIRS CITY PROJECT NO. 20-20 OCTOBER 2020 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 4
25IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. CITY OF PALM SPRINGS, CALIFORNIA By __________ _ ATTEST: David H. Ready City Manager By __________ _ Anthony J. Mejia, MMC City Clerk APPROVED AS TO FORM: By ____________ _ Jeffrey S. Ballinger, City Attorney RECOMMENDED: By ____________ _ Joel Montalvo, P.E. City Engineer 2020 SEWER COLLECTION SYSTEM REPAIRS CITY PROJECT NO. 20-20 OCTOBER 2020 APPROVED BY THE CITY COUNCIL: Date --------Agreement No. ___ _ AGREEMENT FORM AGREEMENT AND BONDS -PAGE 5
26CONTRACTOR By:---------------------Firm/Company Name By: _____________ _ By: _____________ _ Signature (notarized) Signature (notarized) Name: ______________ _ Name: ______________ _ Title: Title: ______________ _ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. (This Agreement must be signed in the above space by one having authority to bind the Contractor to the terms of the Agreement.) State of _____ ____., County of _______ _,_ss On _______________ _ before me, ____________ _ personally appeared _________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Signature: Notary Seal: 2020 SEWER COLLECTION SYSTEM REPAIRS CITY PROJECT NO. 20-20 OCTOBER 2020 (This Agreement must be signed in the above space by one having authority to bind the Contractor to the terms of the Agreement.) State of _____ _ County of _______ ...,_ss On _______________ _ before me, _____________ _ personally appeared _________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Signature: Notary Seal: AGREEMENT FORM AGREEMENT -PAGE 6
27Attachment 4
28Construction Management Proposal For the 2020 Sewer Collection System Repairs Project CITY PROJECT NO. 20-20 November 24, 2020 Prepared By: Michelle Meley, Project Manager G)VEOLIA
292020 SEWER COLLECTION SYSTEM REPAIRS CITY PROJECT NO. 20-20 Table of Contents Description 1. SCOPE OF WORK 2. WORK BREAKDOWN STRUCTURE AND PROJECT COSTS 3. PROJECTED SCHEDULE 4. CONCLUSION AND RECOMMENDATION Page No. 3 4 5 6 2
30SECTION 1-SCOPE OF WORK Veolia Water West Operating Services, Inc. is pleased to submit the following proposal for a "Desirable Capital Project" to manage the construction of sewer segment repairs at various locations throughout the City. The sewer segments include mainline sewer collection pipe identified by Veolia's certified CCTV inspectors and confirmed/graded via NASSCO Pipeline Assessment Certification Program (PACP) rated 3 or higher. (Ratings are from 1-5, 5 being the worst condition). The Work comprises of rehabilitation by way of point repairs of twelve (12) sewer line segments of eight-inch (8") sewer main (manhole to manhole), for a total of seventeen (17) short length repairs using open cut methods as detailed within the contract documents. In May 2020, Veolia solicited bids from multiple Contractors for the Work, however only one bid was received. In October 2020, the City elected to re-bid this project on the City's website to solicit additional bidders. Bids were received at the Office of the Procurement and Contracting Manager of the City of Palm Springs, on November 18, 2020. After the City's review of the bids received, the lowest responsive, responsible bidder, on the basis of the total sum of base Bid Schedule is Torres Sanitation System Construction. Veolia's proposal for construction management includes the following: Request for Proposal (RFP) Services (completed in May 2020) • Prepared and distributed a Request for Proposal (RFP) package to Contractors • Handled all Requests for Information • Prepared Addendum • Received and reviewed bids • Prepared Bid Services/ Construction Management proposal to City and follow ups (May 2020) Construction Management Services: • Coordinate day to day construction activities with the Contractor. • Monitor and ensure daily construction safety. • Monitor and document daily progress and verify that repairs were completed via daily reports and photographs for the file. • Coordinate with residents and businesses affected by the Work. • Monitor construction schedule. • Provide project updates and coordinate with the City as needed. • Mitigate any issues that arise. • Project Closeout Activities 3
31SECTION 2 -WORK BREAKDOWN STRUCTURE (WBS) & PROJECT COSTS Construction Management Proposal Cost Details Cost($) Veolia CPM labor cost for procurement support/RFP Services on first $5,040 Request for Proposal in May of 2020-36 MH ($140/hr) Veolia CPM labor cost for project management support, construction $30,800 management, coordination, and oversight-220 MH@ ($140/hr) Veolia T&L and General Liability Insurance $_6,384 TOTAL CONSTRUCTION MANAGEMENT PROPOSAL COST $42,224 Clarifications & Exceptions: 1. Veolia is not responsible for any environmental mitigation, clean-up or any regulatory fines, etc. in the case of accidental sanitary sewer overflows during construction. 2. Any additional work or extension of schedule due to unforeseen conditions, including but not limited to hazardous material and/or contaminated soil removal, will be discussed and approved separately. 3. The City of Palm Springs will hold the contract with the Contractor to perform the Work and will be liable for scope revisions due to unforeseen conditions or changes in the scope of the Construction contract. 4
32SECTION 3 -PROJECTED CONSTRUCTION SCHEDULE* Bid Item No. Description Expected Duration (Dais) 1 E06017-E06011-Via Miraleste 1 2 D06157-D06153 -Easement 2 3 D06103-D06101-Vereda Del Sur 1 4 D06103-D06101-Vereda Del Sur 1 5 D09029-D09027 -Easement 2 6 D17049-D17047 -Canyon Circle S 1 7 D17049-D17047 -Canyon Circle S 1 8 E16009-E16003 -Avenida Granada 1 9 C10027-Cl0025 -Ramon Road 1 10 H11133-H11131 -Desert Way 1 11 H11133-Hlll31-Desert Way 1 12 Hllll3-Hl1105 -Avenida Avelita 1 13 J12045-J12041-Mesquite Ave 2 14 Jl2045-J12041-Mesquite Ave 2 15 D07106-D07149 -Tachevah Drive 1 16 D09055-D09037-Museum Drive 1 17 D09055-D09037 -Museum Drive 1 Final Paving 5 Projected Construction Completion (in 26** Days) *Project specifications state that the project shall be finished within 90 calendar days. Should the Contractor utilize the full 90 days for construction, construction management hours will need to be adjusted and approved accordingly. **This proposal includes 220 Veolia labor hours, which is estimated to cover the projected construction schedule noted above and project closeout activities. (Based on one contractor field crew working daily.) Contractor did NOT include proposed construction schedule in their Bid. 5
33SECTION 4-CONCLUSION AND RECOMMENDATION There is a significant level of contractor coordination, field construction management, inspection and safety oversight required to successfully execute this project and we look forward to partnering with the City of Palm Springs and the selected Contractor to deliver a successful project. Should there be any questions or comments on this proposal, please feel free to contact the following Veolia personnel: 1. Michelle Meley -CPM Project Manager Email: michelle.mcley@veolia.com Phone: 562-397-5706 2. Doug Loar -O&M Project Manager Email: douglas.loar@veolia.com Phone: 951-616-4450 Thank you for the opportunity to present this proposal for Construction Management Services for the 2020 Collection System Upgrade Project! Kind Regards, Michelle Meley Veolia Project Manager, CPM 6