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HomeMy WebLinkAbout1C1City Council Staff Re{Jort DATE: March 25, 2021 CONSENT CALENDAR SUBJECT: ACCEPTANCE OF THE 2020 SEWER COLLECTION SYSTEM REPAIRS, CITY PROJECT NO. 20-20. FROM: BY: SUMMARY: David H. Ready, City Manager Development Services Department Formal City Council acceptance of the 2020 Sewer Collection Systems Repairs, City Project No. 20-20 is required to document the completion of the public works improvements, and to allow the City's filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code. RECOMMENDATION: 1. Accept the public works improvement identified 2020 Sewer Collection Systems Repairs, City Project No. 20-20 as completed in accordance with the plans and specifications; and 2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the 2020 Sewer Collection Systems Repairs, City Project No. 20-20. BACKGROUND: On December 10, 2020, the City Council awarded a Construction Contract in the amount of $164,428 to Torres Sanitation Systems Construction for the 2020 Sewer Collection Systems Repairs, City Project No. 20-20. A copy of the staff report is included as Attachment 1. STAFF ANALYSIS: Construction on the Project began on February 1, 2021 and was determined to be substantially complete on February 26, 2021. Throughout construction of the Project, there was one contract change order in the amount of $2,860.25 and it is generally described below. \ /l ITEM NO. ___ ..;;;L,, ____ _ 2City Council Staff Report March 25, 2021 --Page 2 Acceptance 2020 Sewer Collection System Repairs, City Project No. 20-20 • Construction Contract Change Order 1 (CCO1) in the amount of $2,860.25 was added for an unmarked SCE line that was encased in concrete. A copy of CCO1 is included as Attachment 2. The final Construction of the Project increase by $2,860.25 from the original awarded contract amount of $164,428, for a final contract price of $167,288.25. This represents a 1. 7% net increase to the contract price. There is sufficient funds in the construction contingency to cover CCO1. As determined by City Staff, Torres Sanitation Systems Construction satisfactorily completed the Project on February 26, 2021. Staff recommends that the City Council accept the Project as required by Section 9200 of the California Civil Code, and authorize the City Engineer to file and record a Notice of Completion to be submitted to the County. A copy of the Notice of Completion is included as Attachment 3. 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 was filed with the Riverside County Clerk. FISCAL IMPACT: The Project budget, incurred expenditures and other associated costs are identified in the following table: Table of Project Costs Amount Wastewater Programs (Fund 420) $200,000 Construction ($164,428) CCO1 ($2,860) Construction Management ($42,224) Project Administration ($1,000) Budget Remaining $27,488 3City Council Staff Report March 25, 2021 --Page 3 Acceptance 2020 Sewer Collection System Repairs, City Project No. 20-20 The City is holding retention funds in the amount of $8,221.40 for Torres Sanitation Systems Construction, pending acceptance of improvements and filing the Notice of Completion with the County Recorder's Office. SUBMITTED: Director of Development Services Attachments: 1. Staff Report-December 10, 2020 2. Contract Change Order No. 1 3. Notice of Completion Marcus L. Fuller, MPA, PLS, PE Assistant City Manager 4Attachment 1 5City Council Staff ReQort 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. ITc:MNO. 4,E ' fl 6City 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 rooms 1, 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. 7City 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. 8City 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 Proarams (Fund 420) $200,000 Construction ($164,428) Construction Contingency ( 10%) ($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: / L. ~ Flinn Fag,AICP Director of Development Services -<: ~~~ David H. Ready, Ph.~ City Manager 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 9Attachment 1 10PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity \ e)-.t'rt..8 ~~,~~0\1 s1~ <..~~~\..-'\' 2. Address of Entity (Principle Place of Business) (\(( \~ 0~ <;..+ ~~ lt.Ak. (..A-, ~o~eco 3. Local or California Address (If different than #2) c..~ \\~~t.ot 4. State where Entity is Registered with Secretary of State C. t\ \ \ .fes-r V\. \.4\ II other than California. is the Entitv also realste,ad in Callfomia? • Yea o No 5. Type Of Entity -X:"4ivuiW1 \ o Corporation o Limited Uability Company o Partnership o 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 otherfiduciarles for the member, manager, trostorotherent/ty ~~MV'-(J I~v-d • Officer • Director o Member o Manager [name] o General Partner o Limited Partner ¥Other OUJ~ • 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 o Other CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 2020 SEWER COLLECTION SYSTEM REPAIRS CITY PROJECT NO. 20-20 OCTOBER 2020 Page 1 of2 PUBLIC INTEGRITY DISCLOSURE FORM BID FORMS -PAGE 20 117. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity A. ~{\A-------[name of ownernnvestor] [name of official with whom owner/investor has material financial relationship] FOR RELATIONSHIP A, EXPLANATION OF THE RELATIONSHIP: B. --) 'N ( u-\-~ (name of owner/investor] [name of official with whom ownernnvestor has material financial relationship] FOR RELATIONSHIP B, EXPLANATION OF THE RELATIONSHIP: C. ~J:.:~mveaorJ [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. I ::_~~&1~:::· ~~~~·:U' I~ n -v~ C) CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 2020 SEWER COLLECTION SYSTEM REPAIRS CITY PROJECT NO. 20-20 OCTOBER 2020 Page 2 of2 PUBLIC INTEGRITY OISCLOSURE FORM BID FORMS -PAGE 21 12PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity 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 [K] 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 _Wt_ll_ia_m_D_,_·c_ro_c_e ____________ ~ Officer ~ Director D Member D Manager [name] D General Partner D Limited Partner •Other ____________ _ ---=J~a.,..s.....,on'-'-=Sa .... l~go,..__ _____________ [!] Officer ~ Director D Member D Manager [name] D General Partner D Limited Partner •Other ____________ _ _ R_o_be_rt_A_re_n_de_l_l ____________ [!] Officer ~ Director D Member D Manager (Revised 09 13 18) [name] D General Partner D Limited Partner •Other ____________ _ CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 137. 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) 14Continuation 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. 15Attachment 2 16City Council Staff Re12ort 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 17City Council Staff Report September 10, 2020 --Page 2 Authorize AFB 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, pennitting, leasing, licensing, or minor alteration of existing facilities of both investor and publicly-~wned 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. 18City Council Staff Report September 1 o, 2020 --Page 3 Authorize AFB 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 Manaaement (37,500) Proiect 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 David H. Ready, Ph.D. City Manager Attachment: 1. List of Locations and Maps 19Attachment 1 20Location Lenphof Beslnof End of Repair Approxfmat Approxlm ID Street name Cross street Pipe D811'1111! Damaae Method e Len&lhtD ate Depth Notes Segment repair of pipe 1 RAMON RO CAMINO CALIDAO 76.S' 3.7 ft. 6.7ft. Point s ft. 6ft. Repair VEREOADELSUR CAMINO DEL MIRASOL 369' 69.5 ft. 71 Point 4ft. 8ft. 2 Repair VEREOA DEL SUR CAMINO DEL MIRASOL 369' 276 ft. 278 ft. Point 2 ft. 8 ft. Repair 3 EASEMENT IN lHE PALOS VERDES 30.1' 2.4 ft. 3.3 ft. Point 4 ft. 6ft. In ~ement (dirt) VILLAS APARTMENlS Repair 4 TACHEVAH DR INDIAN CANYON DR 229' 91.2 92.2 Point 4ft. 8ft. 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. 7ft 6 Repair MUSEUM DR TAHQUITZDR 2S2.7' 220ft 226 ft Point 4 ft. 7ft Repair CANYON CIRCLE SOUTH MERDACT 239.8' 114.4 ft. 115.1 ft. Point 4ft. 8 ft. 7 Repair CANYON CIRCLE SOUTH MERDACT 239.8' 197.3 ft. 199.2 ft. Point 5ft. 8 ft. Repair 8 VIA MIRALESTE MIRALESTE CT 309' 121.9 ft. 125.0 ft. Point 7ft. 7ft. Repair 9 AVENIOA GRANADA CALLE PALO FIERRO 283' 270.3 ft. 275 ft. Point 6ft. 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 14 ft. 5 ft. Replacewye@) 192' 11 Repair DESERTWAY SUNNY DUNES RD 529' 192.0 ft. 201.4 ft. Point 14 ft. 5ft. Repair MESQUITE AVE NUEVA VISTA DR 254' 225A 229 ft. Point 6ft. 4.6ft 12 Repair MESQUITE AVE NUEVA VISTA OR 254' 241.4 ft. 249.0ft. Point 11 ft. 4.6ft Under Stamped Concrete Repair 211~1 L mt I a i amQ ..., 0 Ii Clall GIGDBC10a C1at C 'las I 114: 47t I $Q u:i ¥:! talOff !St \~ --3tl t,11111 GfJ D lilt 011011 z l IICll I I I ~ ~ i !CtlOtl m cum'"" I .\ta ~ X't CIIIIM rm 11£:. ~ -· -~ i :• tClllll:I t c11•n:i m :r P. CMOICO~ Dall OOI011 1. Ramon Rd -Camino Calidad 2. Vereda Del Sur -Camino Del Mirasol j= ... 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Mesquite Ave-Nueva Vista Dr 24Attachment 3 25AGREEMENT (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 perfor_m 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 tennination 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 26welfare, 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 27ARTICLE 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 28and 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 11prohibited 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 29IN 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 30CONTRACTOR 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 (This Agreement must be signed in the above space space by one having authority to bind the by one having authority to bind the Contractor to the Contractor to the terms of the Agreement.) 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. 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 I certify under PENAL TY 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. WITNESS my hand and official seal. Notary Signature: Notary Seal: 2020 SEWER COLLECTION SYSTEM REPAIRS CITY PROJECT NO. 20-20 OCTOBER 2020 paragraph is true and correct. WITNESS my hand and official seal. Notary Signature: Notary Seal: AGREEMENT FORM AGREEMENT -PAGE 6 31Attachment 4 32Construction Management Proposal Forthe 2020 Sewer Collection System Repairs Project CITY PROJECT NO. 20-20 November 24, 2020 ~,CA Prepared By: Michelle Meley, Project Manager G)veOLIA 332020 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 34SECTION 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 35SECTION 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. 36SECTION 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-C10025 -Ramon Road 1 10 H11133-H11131 -Desert Way 1 11 H11133-H11131-Desert Way 1 12 H11113-H11105 -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. 37SECTION 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, Veolia Project Manager, CPM 38Attachment 2 39CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: Torres Sanitation Systems Construction Date: March 1, 2020 9617 Otis Street City Project No.: 20-20 South Gate, CA 90280 Project: 2020 Collection System Repairs Change Order No.: 1 (one) Purchase Order: 21-0699 Attn: Alexandro Torres Account No.: 420-6800-57050 This Contract Change Order No. 1 (CCO1) provides for the cost of additional time, material and equipment due to an unmarked SCE utility line encased in concrete that was built over the existing sewer line. Change Order 1: Additional time, material and equipment due to an unmarked SCE utility line encased in concrete that was built over the existing sewer line at Cahuilla Rd and Tahquitz Canyon Way. Total Change Order Amount: $2,860.25 Reasons for Changes: Torres Sanitation has requested a change order due to the unforeseen conditions encountered in the field with a 2-ft concrete encasement around an unmarked SCE line that was built on top of the City's sewer line. The conflict was brought to the attention of the inspector, who reviewed and approved this additional work because this was the only way to get to the damaged sewer pipe that needed to be replaced. The Contractor spent considerable time chipping away at the 2-ft of concrete just to get down to the sewer pipe in need of repair. Changes to Contract Time: None. Source of Funds: Wastewater Fund (Fund 420). Construction contingencies for the project account no. 420-680-57050 is sufficient to the cover the cost of CCO1. Summary of Costs: Original Contract Amount: Previous Change Order Amount: This Change Order Amount: Revised Contract Amount: $164,428.00 $0.00 $2,860.25 $167,288.25 Start Date: Previous Days Added: Days Added: Revised Completion: 02-01-21 0 0 06-08-21 40CP 20-20 202 Collection System Repairs Contract Change Order No. 1 March 1, 2020 Page2 I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor Torres Sanitation S]lstems Construction Signature Date Alexander Torres, Owner Cify of Palm Springs Recommended By: Donn Uyeno, Project Manager Date Recommended By: Joel Montalvo, City Engineer Date Approved By: David H. Ready, City Manager Date Attest By: Anthony Mejia, City Clerk Date Approved as to Form: Jeffrey Ballinger, City Attorney Date Distribution: Original Conformed Copy: Conformed -File Copy: Contractor ( 1) Engineering Pay File (1) City Clerk ( 1 ) City Project File (1) Purchasing (1) Finance (1) 41Attachment 3 42Recording Requested By: City of Palm Springs When Recorded Mail To: Name Anthony J. Mejia, City Clerk Street Address 3200 E. Tahquitz Canyon Way City& State Palm Springs, CA 92262 SPACE ABOVE THIS LINE FOR RECORDERS USE NOTICE OF COMPLETION (CA Civil Code§§ 8180-8190, 8100-8118, 9200-9208) NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is: _____________________________ (e.g. fee, leasehold, joint tenancy, etc.) 2. 3. 4. 5. The full name and address of the undersigned owner or reputed owner and of all co-owners or reputed co-owners are: Name Street and No. City State City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 The name and address of the direct contractor for the work of improvement as a whole is: This notice is given for (check one): 121 Completion of the work of improvement as a whole. • Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186). If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is: Not Applicable 6. The name and address of the construction lender, if any, is: Not Applicable 7. On the 26th day of February , 203!_, there was completed upon the herein described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided: City Project # 20-20 -2020 Sewer Collection System Repairs 8. The real property herein referred to is situated in the City of _P_al_m_S_pr_ing_s ______ , County of _R_iv_ers_id_e _____ _ State of California, and is described as follows: Sewer Collection System Repairs -City Project #20-20 9. The street address of said property is: various locations throughout the City of Palm Springs 10. If this Notice of Completion is signed by the owner's successor in interest, the name and address of the successor's transferor is: Not applicable I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: _____________ _ By: _________________ _ Signature of Owner or Owner's Authorized Agent Joel Montalvo/City Engineer City of Palm Springs Page 1 of 2 43VERIFICATION I, Joel Montalvo state: I am the City Engineer _ ("Owner", "President", "Authorized Agent", "Partner", etc.) of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on ________ , ___ (date), at _P_a_lm_S._pr_in_..g._s _______________ (City),~ (State). Signature of Owner or Owner's Authorized Agen Joel Montalvo/City Engineer City of Palm Springs 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. STATE OF CALIFORNIA COUNTY OF ___________ _ On ______________ , ___ (date), before me, ________________ , Notary Public (name and title of officer) 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 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 PENAL TY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Page 2 of2 Signature