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*14IFORN�P City Council Staff Re ort
Date: July 21, 2010 CONSENT CALENDAR
Subject: WASTEWATER TREATMENT PLANT PERIMETER FENCE, CITY
PROJECT 08-11
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The existing perimeter fence and security system for the wastewater treatment plant
("WWTP"), consists of a chain link fence which has become overgrown with landscape
and does not provide the security necessary for this type of facility. A new perimeter
fence and security access gate project to improve the overall security of the WWTP has
been identified as a Priority 1 project, and is essential to ensuring the WWTP is a
secured facility. Approval of the requested actions will allow staff to proceed with this
important capital project for the WWTP.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $324,839.03 with Moore Fence
Company, Inc., for the Wastewater Treatment Plant Perimeter Fence, City
Project 08-11; and
2) Authorize the City Manager to execute all necessary documents; and
3) Authorize the Director of Public Works/City Engineer to issue a Notice to Proceed
for Veolia West Operating Services, Inc., in the amount of $43,056.48 for
construction administration and inspection of the Wastewater Treatment Plant
Perimeter Fence, City Project 08-11.
STAFF ANALYSIS:
The existing perimeter fence and security system for the WWTP consists of a chain link
fence which has become overgrown with landscape and does not provide the security
necessary for this type of facility. A new perimeter fence and security access gate
project to improve the overall security of the WWTP has been identified as a Priority 1
project, and is essential to ensuring the WWTP is a secured facility.
ITEM NO. R '
City Council Staff Report
July 21, 2010- Page 2
VWVTP Perimeter Fence (CP 08-11)
In coordination with Veolia, the City's WWTP operator, the City retained Randy Purnel
Landscape Architect ("RPLA") to prepare the plans and specifications for this project.
On July 21, 2008, the AAC considered the original perimeter security fence plans
prepared by RPLA, and the AAC generally preferred the look of an "Omega" steel wire
fence as opposed to a standard wrought iron picket fence. The AAC approved the
preliminary plans, with a request to restudy the perimeter of the WWTP along Gene
Autry Trail, requesting the plans to include additional perimeter landscaping in addition
to the new security fencing.
On August 11, 2008, staff presented the AAC with a revised perimeter security fence
plan for the Gene Autry Trail frontage, showing set-back of the perimeter fence by
approximately 7 feet from the edge of pavement, with an additional 2'-6" bench behind
the fence for additional landscaping area. New landscaping of the entire fill slope down
into the percolation basin is proposed as part of this project. A mixture of desert
landscape shrubs (century plant, feathery cassia, brittlebush, red yucca, lantana, and
Texas ranger), and 12 new shoestring acacia trees are proposed in this area. The AAC
approved the revised perimeter security fence plan for the Gene Autry Trail frontage at
its August 11, 2008, meeting.
The plans call for removal of all existing chain link fencing along the perimeter of the
WWTP and the Tahquitz Creek golf course, however, the new fencing will be installed in
a way where the existing landscaping will be protected in place, to maintain the
landscape buffer between Demuth Park and the WWTP. A new 8' high Omega fence
(steel wire fence) will be installed as part of this project.
The only portion of the WWTP to have new chain link fencing installed as part of this
project is internal to the WWTP, extending from the end of Vella Road across the vacant
WWTP land, south of the new Household Hazardous Waste Facility, and connecting
into the perimeter block wall at the east side of the WWTP, adjacent to the commercial
center located on Gene Autry Trail, south of the SCE substation. Installation of chain
link fencing in this area is recommended, as ultimate plans for this vacant area of the
WWTP are unknown, and the fencing may need to be removed as part of a future
project in that area.
The City's operating agreement with Veolia for the WWTP allows Veolia to propose on
all capital projects at the WWTP; however, staff recommended that the City solicit bids
through its normal procurement process for this project given the relatively simple scope
of the project, and the currently competitive bidding environment whereby the lowest
bids are possible. However, Veolia has submitted a proposal to administer and
coordinate construction of this project, given the fact that the scope of this project does
include installation of security cameras and other sensitive equipment within the WWTP
itself, and that two other WWTP capital projects will be under construction at the same
time as this project commences construction. Staff agrees that Veolia should
2
City Council Staff Report
July 21, 2010- Page 3
WWTP Perimeter Fence (CP 08-11)
coordinate the construction phase of this project, and recommends approval of Veolia's
proposal.
The plans and specifications were prepared by the RPLA, and on April 21, 2010, the
City Council approved the plans and specifications and authorized construction bidding.
On May 15 and 22, 2010, the project was advertised for bids, and at 3:00 p.m. on June
29, 2010, the Procurement and Contracting Division received construction bids from the
following contractors:
1. Moore Fence Company, Inc.; Perris, CA; $324,839.03
2. Nick Champi Enterprises, Inc.; Hanford, CA; $338,003,60
3. Harris Steel Fence Co., Inc.; Los Angeles, CA; $398,267.76
4. FenceCorp, Inc.; Riverside, CA; $444,327.00
5. Lightning Fence Co., Inc.; Poway, CA; $460,700.00
6. G&M Construction; Palm Springs, CA; $487,519.00
7. APW Construction, Inc.; La Puente, CA; $568,523.00
As seen above, the City benefitted by pursuing a normal public bid process on this
WWTP project, and obtained very competitive bids below the project's estimate of
$600,000.
Local Business Preference Compliance
Section 7.09,030 of the Palm Springs Municipal Code, "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; submission of good
faith efforts is required. Of the 7 bids received, one is from a prime contractor located
within the Coachella Valley. The low bidder, Moore Fence Company, has listed two
local firms as subcontractors performing a total of 18% of the work (Archuleta Concrete
in Bermuda Dunes, and Sierra Landscape in Palm Desert). Therefore, it is staffs
determination that the prime contractor has demonstrated compliance with the Local
Business Preference Program.
The company is a California corporation, and its principal officer is Garry Thompson
who acts as all corporate officers of the firm.
FISCAL IMPACT:
Funding for this project is made available through Wastewater funds in account 1420-
6800-57025 (Security Fencing). No local miscellaneous General Funds are being used
for this project.
3
City Council Staff Report
July 21, 2010- Page 4
WWTP Perimeter Fence (CP 08-11)
SUBMITTED:
Prepared by: Recommended by:
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Thomas J. Wil , Asst. City Manager David H. Rea �alter
Attachments:
1. Agreement
AGREEMENT
THIS AGREEMENT made this day of , 2010, 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 Moore Fence Company, Inc. dba Moore Fence & Installation 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:
WASTEWATER TREATMENT PLANT PERIMETER FENCE
CITY PROJECT NO. 08-11
The Work comprises the installation of security camera and electrical system; removal of
existing chain link fencing and gates; construction of new 8' Omega metal fence and
gates; construction of new 6' chain link fence; removal of existing landscaping; installation
of new landscaping and irrigation system; and all appurtenant 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 the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and
that the City will suffer financial loss if the Work is not completed within the time specified
in Article 2, herein, plus any extensions thereof allowed in accordance with applicable
provisions of the Standard Specifications, as modified herein. They also recognize the
delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the City if the Work is not completed on time. Accordingly, instead of
requiring any such proof, the City and the Contractor agree that as liquidated damages or
delay (but not as a penalty), the Contractor shall pay the City the sum of $2,250 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.
WASTEWATER TREATMENT PLANT PERIMETER FENCE AGREEMENT FORM
CITY PROJECT NO.08-11 AGREEMENT AND BONDS-PAGE 1
new„a OnIn
ARTICLE 3 -- CONTRACT PRICE $324,839.03
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
and Bid Schedule(s).
ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit,
Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's
Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications,
Special Provisions, the Drawings, Addenda numbers 01 to 04 , inclusive, and all
Change Orders and Work Change Directives which may be delivered or issued after the
Effective Date of the Agreement and are not attached hereto.
ARTICLE 5 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the Engineer or the City as provided in the Contract Documents.
ARTICLE 6 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written
Notice, it shall be deemed to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the Notice.
ARTICLE 7 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the
Special Provisions will have the meanings indicated in said Standard Specifications and
the Special Provisions. No assignment by a party hereto of any rights under or interests
in the Contract Documents will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically, but without limitation, monies
that may become due and monies that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no
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.
WASTEWATER TREATMENT PLANT PERIMETER FENCE AGREEMENT FORM
CITY PROJECT NO.08-11 AGREEMENT AND BONDS-PAGE 2
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
ATTEST: APPROVED BY THE CITY COUNCIL:
CITY OF PALM SPRINGS,
CALIFORNIA
Date
By
City Clerk Agreement No.
APPROVED AS TO FORM:
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
WASTEWATER TREATMENT PLANT PERIMETER FENCE AGREEMENT FORM •`
CITY PROJECT NO.08-11 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: Moore Fence Company, Inc. Check one:_Individual ,Partnership X Corporation
Address: 280 E. 1 st Street
Perris, CA 92570____
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 F1 State of u
County of nss County of nss
On On
before me, before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the of which the person(s) acted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph is true and correct, paragraph is true and correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
WASTEWATER TREATMENT PLANT PERIMETER FENCE AGREEMENT FORM
CITY PROJECT NO.08-11 AGREEMENT AND BONDS-PAGE 4
May 3,2010