HomeMy WebLinkAbout11/7/2012 - STAFF REPORTS - 2.L. A.
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FOIL City Council Staff Report
Date: November 7, 2012 CONSENT CALENDAR
Subject: AWARD OF CONTRACT FOR THE TRACT NO. 13257 SEWER
IMPROVEMENTS - PHASE 2, CITY PROJECT 12-07
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Award of this contract will allow staff to proceed with this Community Development
Block Grant (CDBG) funded project to construct phase 2 of the new sewer system
within Tract No. 13257, located west of Gene Autry Trail and south of Via Escuela.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $170,909.00 with Borden
Excavating, Inc., a California corporation, for Tract No. 13257 Sewer
Improvements — Phase 2, City Project 12-07; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Public Works and Engineering Department has commenced the design and
construction of a new sewer system to serve the low-to-moderate income neighborhood
located west of Gene Autry Trail and south of Via Escuela (referred to as "Tract No.
13257"). Tract No. 13257 was developed during the 1980's when it was part of
unincorporated Riverside County. At that time, Riverside County did not require
extension of public sewer to the tract, and all 87 homes in Tract No. 13257 have private
septic systems, some of which have begun to fail. Some lower income property owners
have had to request financial assistance from the City for pumping and servicing of their
septic systems.
This CDBG project proposes to install approximately 3,800 feet of 8" vitrified clay pipe
(VCP) public sewer line and 3,480 feet of 4" VCP sewer laterals. The costs for septic
tank abandonments, for the on-site building sewer extensions, and the sewer
connection fee ($3,000 per unit) at the time a property is connected to the City's sewer
ITEM NO.
City Council Staff Report
November 7, 2012 - Page 2
Tract No. 13257 Sewer Improvements- Phase 2 (City Project 12-07)
system, were included in the project. Given the $1,200,000 total estimated cost to
provide public sewer to Tract No. 13257, this project was proposed as a multi-year
CDBG phased project.
On March 17, 2010, the City Council approved the 2010/2011 CDBG Program, and
awarded the Public Works and Engineering Department $267,118 for the first phase of
the project. On March 16, 2011, the City Council approved the 2011/2012 CDBG
Program, and awarded the Department $180,951 for the second phase of the project
(this amount was reduced to $160,855 as a result of a lower overall CDBG Program
distribution to the City).
On July 20, 2011, the City Council approved the plans and authorized bidding for
Phases 1 and 2 of the project. On August 23, 2011, the Procurement and Contracting
Division received construction bids from five contractors. The low bid (G&M
Construction) exceeded the total amount of CDBG funds available, therefore, it was not
possible to award Phase 2 at that time. It was recommended that only a portion of
Phase 2 sewer construction work (within Zachary Court) be added by Contract Change
Order (CCO), using unexpended CDBG funds from prior years. The portion of work
added by CCO included only the public sewer main and sewer laterals within Zachary
Court. No septic tank abandonments, on-site building sewer extensions, or sewer
connection fees were included, given the budget constraints.
This year, the Public Works and Engineering Department requested and received
funding from the City's CDBG Program. On April 11, 2012, the City Council approved
the 2012/2013 CDBG Program, and awarded the Public Works and Engineering
Department $145,689 for the second phase of this project.
On October 4th and October 11th, 2012, the second phase of the project was advertised
for bids, and at 3:00 p.m. on October 31, 2012, the Procurement and Contracting
Division received construction bids from the following contractors:
1. Borden Excavating, Inc., Calimesa, CA $170,909.00
2. Tri-Star Contracting II Inc., Desert Hot Springs, CA $172,831.50
3. Vasily Company, Inc., Shadow Hills, CA $173,750.00
4. Pyramid Building & Engineering, Inc., Hesperia, CA $174,687.50
5. G&M Construction, Palm Springs, CA $198,650.00
6. Simon Contracting, Indio, CA $219,500.00
7. Eagle Engineering & Development, Inc., Pomona, CA $226,250.00
8. Genesis Construction, Hemet, CA $256,777.00
9. JPI Development Group, Inc., Murrieta, CA $290,248.00
10. Atlas Underground, Inc., Pomona, CA $335,920.00
The Engineer's Estimate for Phase 2 is $190,000.
02
City Council Staff Report
November 7, 2012 - Page 3
Tract No. 13257 Sewer Improvements- Phase 2 (City Project 12-07)
The lowest, responsive bidder is Borden Excavating, Inc., a California Corporation, from
Calimesa, California, whose principal officers are: Shaun Borden, President; and
Shaun Borden, Secretary/Treasurer.
FISCAL IMPACT:
There is $181,791 in CDBG funds currently available for Phase 2 including unexpended
CDBG funds from the prior year. Sufficient funds are available in account 137-4813-
63583 to award Phase 2.
In order to complete Phase 3 and 4, it will be necessary for the City to allocate
additional CDBG funds from future years.
SUBMITTED:
OF
06"', — 'Lly2z
hn y o , Director �,� avid rakian
o unit Economic Development Director of Public Works/City Engineer
Approved by:
Thomas J. Wilson sst. City Manager David H. Ready, C anager
Attachments:
1. Agreement
03
AGREEMENT
THIS AGREEMENT made this day of in the year 2012, 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 Borden Excavating, Inc., hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
ARTICLE 1 --THE WORK
The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of
the City's Contract Documents entitled:
TRACT 13257 SEWER IMPROVEMENTS — PHASE 2
CITY PROJECT NO. 12-07
The Work is generally described as follows:
Installation of eight-inch VCP sewer mains, manholes, four-inch VCP sewer laterals, trenching
and excavations for sewer installation, trench backfill and pavement replacement, off-site
restoration, and all related and associated work.
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
Section 2 of these Special Provisions.
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 the applicable provisions of the
Standard Specifications, as modified herein. They also recognize the delays, expense, and
difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the
Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the
Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall
pay the City the sum of $1,300.00 for each calendar day that expires after the time specified in
Article 2, herein.
ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the Contract
Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid
Schedule(s).
OA
TRACT 13257 SEWER IMPROVEMENTS-PHASE 2
CITY PROJECT NO. 12-07 AGREEMENT FORM
SEPTEMBER 2012 AGREEMENT AND BONDS-PAGE 1
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, Federal Labor Standards Provisions, Federal Rates of Prevailing Wages,
the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's
General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation
Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the
Drawings, Addenda numbers 1 to 2, inclusive, and all Change Orders and Work Change
Directives which may be delivered or issued after the Effective Date of the Agreement and are
not attached hereto.
ARTICLE 5 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with provisions of the
Standard Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the Engineer or the City as provided in the Contract Documents.
ARTICLE 6 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice, it
shall be deemed to have been validly given if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or
sent by registered or certified mail, postage prepaid, to the last business address known to the
giver of the Notice.
ARTICLE 7 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special
Provisions will have the meanings indicated in said Standard Specifications and the Special
Provisions. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically, but without limitation, monies that may become due and
monies that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the contrary in
any written consent to an assignment, no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
�5
TRACT 13257 SEWER IMPROVEMENTS-PHASE 2
CITY PROJECT NO. 12-07 AGREEMENT FORM
SEPTEMBER 2012 AGREEMENT AND BONDS-PAGE 2
ATTEST:
CITY OF PALM SPRINGS,
CALIFORNIA
By APPROVED BY THE CITY COUNCIL:
City Clerk
Date
APPROVED AS TO FORM:
Agreement No.
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
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TRACT 13257 SEWER IMPROVEMENTS-PHASE 2
CITY PROJECT NO, 12-07 AGREEMENT FORM
SEPTEMBER 2012 AGREEMENT AND BONDS-PAGE 3
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any
Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer.
CONTRACTOR: Name: Check one:_Individual_Partnership_Corporation
Address:
By: By
Signature(notarized) Signature (notarized)
Name: Name:
Title: Title:
(This Agreement must be signed in the above This Agreement must be signed in the above
space by one of the following: Chairman of the space by one of the following: Secretary, Chief
Board, President or any Vice President) Financial Officer or any Assistant Treasurer)
State of C State of C
County of F SS County of ASS
On On
before me, before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and subscribed to the within instrument and
acknowledged to me that he/she/they executed the acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s), or the entity upon behalf of which
the person(s)acted, executed the instrument. the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph is true and correct. paragraph is true and correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
07
TRACT 13257 SEWER IMPROVEMENTS-PHASE 2 AGREEMENTFORM
CITY PROJECT NO. 12-07 AGREEMENT AND BONDS-PAGE 4
SEPTEMBER 2012