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Home My WebLink AboutCC AG PKT 2008-09-08 #EAGENDA STAFF REPORT DATE: September 8, 2008 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Vince Mastrosimone, Director of Public Works SUBJECT: APPROVE AGREEMENT FOR LAMPSON AVENUE SEWER REPLACEMENT, PROJECT NO. SW0901 SUMMARY OF REQUEST: The City Council is asked to adopt resolution No. 5781 to approve an Agreement with Ken Thompson, Inc. for the Lampson Avenue Sewer Replacement Project No. SW0901 in the amount of $505,902. BACKGROUND: At the July 14, City Council Meeting, Council approved the plans and specifications for the Lampson Avenue Sewer Replacement Project and authorized soliciting for bids. The scope of work includes the installation of approximately 258 lineal feet of 16" vitrified clay pipe sewer pipe, boring and jacking 230 lineal feet of 36-inch steel casing, construction of 2 sewer manholes and installation of approximately 100 lineal feet of 6-inch sewer. The location is on Lampson Avenue near Seal Beach Boulevard. On August 19, 2008 the City Clerk's office received and opened sealed bids. Seven (7) bids were opened with the following results: RANK CONTRACTOR AMOUNT 1 Ken Thompson, Inc. $ 505,902.00 2 BNB Engineering $ 522,360.00 3 Garcia Juarez Const. $ 577,780.00 4 So. Calif. Pipeline $ 616,950.00 5 Zondiros Corporation $ 688,400.00 6 Vasilj Inc. $ 896,800.00 7 Charles King Co. $ 1,783,940.00 Agenda Item E Page 2 Staff has checked the references of the low bidder, Ken Thompson, Inc., and has found them to be satisfactory for the improvements required for this project. FINANCIAL IMPACT: In the approved 2007/08 - 2008/09 Budget, Capital Improvement Project funds are budgeted for sewer improvements, in the amount of $1,100,000. The engineer's estimate for the Lampson Avenue Sewer Replacement Project is $600,000. Funding Sewer Capital Improvement Fund $ 1,100,000 Expenses Design Engineering (AKM) $ 40,000 Construction $ 505,902 Construction Engineering (Inspection) $ 20 000 Total $ 565,902 RECOMMENDATION: It is recommended City Council adopt Resolution No. 5781 approving an Agreement with Ken Thompson, Inc. for the Lampson Avenue Sewer Replacement Project No. SW0901 in the amount of $505,902. SUBMITT (~/ Vince Mastrosimone Director of Public Works NOTED AND APPROVED: ~~ David Carman ,City Manager Attachments: A. Resolution No. 5781 B. Agreement RESOLUTION NUMBER 5781 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AGREEMENT FOR LAMPSON AVENUE SEWER REPLACEMENT, PROJECT NO. SW0901 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the Agreement between the City of Seal Beach and Ken Thompson, Inc. for Lampson Avenue Sewer Replacement Project No. SW0901. Section 2. The Council hereby directs the City Manager to execute the Agreement for Lampson Avenue Sewer Replacement Project No. SW0901. PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a meeting hereof held on the 8th day of September , 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 5781 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 8th day of September , 2008. City Clerk 08-27-'08 15:36 FROM-KEN THOMPSON, INC 9512842442 T-541 P002J004 F-967 AN AGREEMENT FUR LAMPSOI~T AVENUE SEWER REPLACEMENT AT SEAL BEAC~I BOYJLEVARD SPECIFICATION NO. SW09~1 between City of Seal Beach 21 I - $th Stxect Seal Beach, CA. 9Q740 Sea Thonmaan. Iac. 1785 Sa~apsan Aveaue Coma, Ca 92879 (951) 284-2424 Tl"~Y5 AGREEMENT is made and entered mto tLis 27 day of suit , by and between the City of Seal Reach, a California cLarter city {"City"~ and Yea •TQ~o~pson, Inc. ("Contractor'. S7Z96.020011067022v1.doc 08-Z7-'08 15:36 F1301'9-KEN THO@9PSON, INC 951Z84Z44Z T-541 P003/004 F-967 RECITALS A. Wf~RFrAS, City desires to replace Sewer Imes located in Lampson Avenue at Seal Beach Boulevard, Seal Beach, California ("Pmject'~; and B. 1tEAS, Contractor has submitted a bid to City for the Project on August 19, X008 ("Fxlubit A'~, which exhibit contains, among other things, provisions defining the Project scope and the cost associated with such Project scope; and C. WHERF,.AS, City accepts Exhibit A and desires to contract with Contractor to complete the Project in accordance with Exhibit A; and D. WTIEREAS, 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; NO~lV, TI~RF.FORE, 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 CTI'Y, the CONTRACTOR agrees with said CTl"Y to perform and complete in a good and worlmnanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his awn proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be fuomished by the CITY), and to do evezything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE IY. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or strictiues, tools and equipment and doing all the work conticmplated and embraced in this Agreement, also for all loss and damage arising out of the nature of tho work aforesaid, oar from the action of the elements, or from any unforeseen da~tculties which may arise or be encountered iu the prosectt#ion of the work until its acceptance by said CITY, acid for all risks of every description connected with the work; also for all expenses inctnied 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 mannor shown and described in the sand Drawings, Specifications, and Contract Documents and in accordance with the requirelneuts of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the twit prices and the lump sum prices named is the Schedule of 'OVork Ytems of the Proposal. ARTICLE YYI. The CITX 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 refcn~ed to for the price aforesaid, z sass-oaooti os~arz,-~.a~~ 08-27-' ®8 15:36 FF3(I'1-KEN THO["1P50N, INC 9512842442 T-541 P004/®®4 F-967 and hereby contracts to pay the same, at the time, in the maffier and upon the conditions set forth in the Specdfications 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 hem contained. AYtTICLE 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. A1tTYCLE 'V. The statement of prevailing wages appearing in the C3eneral 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 iustr<unent shall control and nothing herein shall be considered as as acceptance of the said terms of said proposal conflicting herewith. ARTYCLE ~. By my signature hereunder, as CON"Y'YZACTOIZ, Icertify 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-insurancx in accordance with the provisions of that code, and I will comply with such provisions before cortunencing the performance of the work of this contract. ]N WITNESS WI~REOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SEAL BEACH, CALIFORNIA AT'T'EST: Party of the First Part BY' Mayor City Clerk S7296.0200110670ZZvi.doc BY CO CTOIt - of the Second P~eeutiye Yice President Title - 1785 Saonson Avenue Corona. Ca 921379 Address 3