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HomeMy WebLinkAboutCC AG PKT 2008-07-14 #BB• AGENDA STAFF REPORT DATE: July 14, 2008 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Vince Mastrosimone, Director of Public Works SUBJECT: AWARD CONTRACT FOR THE PIER DECK REHABILITATION PHASES II & III PROJECT NO. 50217 SUMMARY OF REQUEST: The City Council is asked to adopt Resolution No. 5759 to award a construction contract to Connolly- Pacific Company for the Pier Deck Rehabilitation Project No. 50217. • BACKGROUND: On the June 9, 2008 City Council Meeting, Council approved the plans and specifications for the Pier Deck Rehabilitation Project Phases II & III and authorized staff to solicit bids. On June 27, 2008, the City Clerk's office received and publicly opened 4 bids with the following results. CONTRACTOR COST Connolly- Pacific Co. $748,760.00 Reyes Construction, Inc. $753,000.00 Reyes Construction, Inc. $957,825.00 John S. Meek $983,500.00 Staff has checked the references of the low bidder, Connolly- Pacific Company, and has found them to be satisfactory for the improvements required for this project. Agenda Item BB Page 2 FINANCIAL IMPACT: In the approved 2007/08 — 2008/09 Budget, Capital Improvement Program funds are budgeted for Project No. 50217 in the amount of $700,000. Funding General Fund $500,000 State Wildlife Conservation Board Grant $200,000 Total $700,000 Expenditures Design $35,000 Inspection $25,000 Construction $748,760 5% Contingency $37,438 Total $846,198 Shortfall $146.198 A Budget Amendment is required to cover the shortfall of funds. Staff is request an additional $146,198 from General Fund. (Budget Amendment No. 09- 01 -02) RECOMMENDATION: It is recommended the City Council adopt Resolution No. to award a construction contract to Connolly- Pacific Company for the Pier Deck Rehabilitation Project No. 50217 and authorize the City Manager to execute the contract. SUBMI E Vince Mastrosimone Director of Public Works Attachments: A. Resolution NOTED AND APPROVED: C'4­00"� David Carmany, City Manager P•1D42 Engineering, CB' and General Admin Mail= Cottscd Reports mx1 Rcw%D42 Council Memos 2008%2008-05-12 CM DS Ace Deck Rehabilitation Phmnes B & III Notice Inviting Bids doc • • RESOLUTION NUMBER 5759 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AWARDING THE CONSTRUCTION CONTRACT FOR PIER DECK REHABILITATION, PHASE II & III, PROJECT NO. 50217 (BUDGET AMENDMENT 09- 01 -02) NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves the contract between the City of Seal Beach and Connolly - Pacific Co. for the Pier Deck Rehabilitation, Phase II & III - Project No. 50217. SECTION 2. The Council hereby directs the City Manager to execute the contract for the Pier Deck Rehabilitation (Phase II & III), Project No. 50217. PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a meeting hereof held on the 14th day of July , 2008 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS • ABSTAIN: COUNCILMEMBERS Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5759 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting held on the 14th day Of July City Clerk • PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above - entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: all in the ydar 2008. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at.5eal Bea h CA, av of l r v r ►1 yyI °1 / y I - I t %6m —� Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430 -7555 This space is for the County Clerk's Filing Stamp Proof of Publication of . ................ ............................... ................ ............................... is • • AN AGREEMENT FOR PIER DECK REHABILITATION, PHASES II & III, SPECIFICATION NO. 50217 between City of Seal Beach 40 211 - 8th Street Seal Beach, CA 90740 C7 lei Connolly - Pacific Co. Berth D40 1925 Pier D Street Long Beach, California 90802 Fax: (562 435 -2035 THIS AGREEMENT is made and entered into this 14th day of July 2008, by and between the City of Seal Beach, a California charter city ( "City "), and Connolly - Pacific Co., a corporation ( "Contractor "). 57296- 0200 \1067022v1.doc RECITALS • A. WHEREAS, City desires to replace decking on the Seal Beach Municipal Pier located at the intersection of Ocean Avenue and Main Street, Seal Beach, California ( "Project "); and B. WHEREAS, Contractor has submitted a bid to City for the Project on June 26, 2008 ( "Exhibit A "), which exhibit contains, among other things, provisions defining the Project scope and the cost associated with such Project scope; and C. WHEREAS, City accepts Exhibit A and desires to contract with Contractor to complete the Project in accordance with Exhibit A; and D. WHEREAS, Contractor represents that it is experienced and skilled in the performance of the services required to undertake the work required under the Agreement, and is duly licensed to undertake the same; NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to perform • and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE H. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE M. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work • according to the terms and conditions herein contained and referred to for the price aforesaid, 2 57296- 0200\1067022v l .doc • and hereby contracts to pay the same, at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SEAL BEACH, CALIFORNIA BY David Carmany, City Manager ATTEST: Linda Devine, City Clerk S7296- 0200\1067022v1.doc BY CONTRACTOR - Party of the Second Part Title APPROVED AS TO FORM: Quinn Barrow, City Attorney Section C Bidders Name Connolly— Pacific Co. TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH: The undersigned, as bidder, declares that: (1) -this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein. as sworn in the attached Non-Collusion Affidavit; (2)- bidder has carefully examined the project Plans, Specifications, Instructions To Bidders, Proposal, Notice Inviting Sealed Bids and all other contract documents and information famished therefore and the site of the proposed work; and (3)- bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to'be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITY OF SEAL BEACH, to perform said proposed work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein prescn'bed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein. • The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or- corporation that -anyprincipal ofthe binder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. *Ten Percent of The Amount Bid.in 40- ompanying this proposal is (Circle one "cash ", "a Cashier's Check ", "a certified check ", or "a Bidder's on in the form furnished by the City ", as the case may be) in the amount of s - -i o % - -- . an amount eq to at least ten percent (10 %) of the total aggregate bid price based on the quantities shown and the unit prices quoted. The undersigned bidder agrees that should bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to enter into a Contract and provide the required evidence of insurance and bonds within 15 calendar days after written notice of the award, the cash, check or bond shall be forfeited to the city in accordance with Public Contract Code section - 20172, except as otherwise provided in Public Contract Code section - 20174. - The undersigned agrees that in the event of such failure, the actual amount of damages.to the City would be impractical and extremely difficult to determine. In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials and supplies for this project in accordance with the Specifications, Plans other Contract Documents which are on file in the office of the City Engineer of the CITY OF SEAL BEACH, to the satisfaction and under the direction of the City Engineer, at the following prices: completed by the undersigned is fixed at 30 working days working days starting from the day after the issuance of the Notice to Proceed. Page C -1 M City of Seal Beach California PROPOSAL FOR PIER DECD REHABILITATION, PHASES II & III SPECIFICATION NO. 50217 BID SHEET PIER DECK REHABILITATION, PHASES 11 & 111 Item No. puantity Unit Description 1. 20 EA T I4/1e L V Words, per EA 2. 25 EA Twt*yla T4t7LL AjV Words, per EA 3. 81 1 EA cl/EiV� N 7j.)O�. Words, per EA 4. 14 EA TWO ThOUmrlm Words, per EA Replace decking on twenty food wide by twenty foot long span using 3" x 12" Greenheart from Bents 0 - 20 completed and in place, the sum of o a FI'V IfVNi00,G�') D0�1A11 -Q $ /2 �OC9 Figures per EA Total (Figures) $ 2.S`Q� 000 Replace decking on twenty food wide by twenty foot long span using 3" x 12" Greenheart from Bents 37 - 70 completed an in place, the sum of o e HIP $ - —�� Figures per EA 4 31 (0,Z�Z7 _Total (Figures) -- Replace decking on thirty food wide by twenty foot long span using 3" x 12" Greenheart from Bents 39 - 62 completed and in place, the sum of D0 $ 17 1 000� 0 Em No, � TJ Description Ou t� nit 5• 10 Words, per EA Remove, store, and reinwtAll existing public benches completed and in place, the sum of $ 2�1 d 6• 1 EA F>U t��Np : Ssv Words, per EA 7. • g- S GV6N } Figures per EA Total igures) $ Zj no o o. Remove, store, and reinstall existing fish cleaning sink completed and in place, the sum of oc.�a $ E� Figures per Total (Figures) $ S'_? d Va 6. �i EA Replace deteriorated stringers as directed $ ��O `—" Words, per EA Figures per EA Total i� ( Figures) ' $ . 1 LS 70 S/X per LS Install 7 plank decking thickness transitions at Bent 0 completed in place, the sum of $ "2 Poo Figures per LS Total RA 0 TOTAL BID PRICE (Items #1 through #8) SGVE -1N ,H-V No FORTI 616 UT WORDS S 1! �iV }}U M SlX �0 do FIG s % k IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the right to re ject all bids and re- advertise, as appears to be'iu the best interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. PA an r -1 7�oo cc &W The undersigned bidder agrees that if awarded the Contract, bidder will complete all work according to the contract documents. The undersigned bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No.- 42401D Class A (REQUIRED AT TIME OF AWARD). Legal Business Name of Bidder Connolly— Pacific Co. Business Address 1925 Pier D Street, Long Beach, CA 90802 Business Tel. No. 562 - 437 -2831 / 23/08 Vice President /General Manager Signature U Date Title Steven A. Schryver 6/23/08 Assistant Secretary 1 e Date T410 Jacqueline P.-Cabellon Signature Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must beset forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint venturers or of fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. (• 1-0