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HomeMy WebLinkAboutCC AG PKT 2009-03-23 #HAGENDA STAFF REPORT DATE: March 23, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Vince Mastrosimone, Director of Public Works SUBJECT: AWARD CONSTRUCTION CONTRACT FOR 2009 ANNUAL CONCRETE SPECIFICATION NO. ST0912 SUMMARY OF REQUEST: The City Council is asked to adopt Resolution No. 5849 1. Rejecting the low bid. 2. Awarding a contract for the Annual Concrete Repair Program CIP No. ST0912 in the amount of $42,175.80 to Elite Construction. 3. Authorizing the City Manager to execute the agreement. BACKGROUND: At the February 9, 2009 City Council meeting, Council authorized staff to solicit for bids for the 2009 Annual Concrete Repair Program No. ST0912. See attachment D. On February 26, 2009, the City Clerk's office received and opened sealed bids. Eleven bids were opened with the following results: Rank Contractor Amount 1 Unique Performance Construction, Inc. $ 39,286.00 2 Elite Construction $ 42,175.80 3 Golden State Constructors, Inc. $ 43,571.25 4 Civil Works Corp. $ 52,491.05 5 S.J.Grigolla $ 55,431.00 6 CJ Construction, Inc. $ 56,787.30 7 D&L Wheeler Enterprises $ 59,802.00 8 S. Parker Engineering, Inc. $ 66,350.00 9 JDC, Inc. $ 71,480.00 10 All American Asphalt $ 73,823.00 11 EC Construction $ 73,840.95 Agenda Item H Page 2 After review of each bid package, the low bidder failed to include references and wording for each bid item. The low bidders bid package was incomplete and non responsive. Staff recommends rejecting the bid. Staff checked the references and bid items of the 2nd low bidder, Elite Construction, which submitted a complete and responsive bid package. Staff has found them to be satisfactory for the improvements required for this project. FINANCIAL IMPACT: In the 08/09 Budget, $50,000 of General Funds and $50,000 of Measure M Turnback is allocated for this project totaling $100,000. The engineer's estimate is $80,000 for construction, $10,000 for Inspection and $10,000 for contingency totaling to $100,000. The bid price for this project is $42,176 leaving a balance of $37,824. Based on the low bid, staff will include additional locations. See attachment E. RECOMMENDATION: It is recommended City Council adopt Resolution No. 5849 1. Rejecting the low bid. 2. Awarding a contract for the Annual Concrete Repair Program CIP No. ST0912 in the amount of $42,175.80 to Elite Construction. 3. Authorizing the City Manager to execute the agreement. SU MITTED BY: Vince Mastrosimone Director of Public Works NOTED AND APPROVED: ~~ ~Y David Carmany, City Manager Attachments: A. Resolution No. 5849 B. Signed Contract C. Bid Sheet D. Concrete Repair Locations (Original Bid) E. Additional Concrete Locations R:\-AGENDAS & STAFF REPORTS - 1994 - 2009\2009\03-23-09 -Council Meeting\PW -Staff Report -Annual Concrete Repair Project #ST0912.doc RESOLUTION NUMBER 5849 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE CONTRACT FOR 2009 ANNUAL CONCRETE REPAIR SPECIFICATION TO ELITE CONSTRUCTION, PROJECT NO. ST0912 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council hereby awards a contract in the amount of $42,175.80 to Elite Construction, Project No. ST0912. Section 2. The Council hereby directs the City Manager to execute the contract for 2009 Annual Concrete Repair No. ST0912. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach on this 23rd day of March , 2009 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 Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5849 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 thereof held on the 23rd day of March , 2009. City Clerk AN AGREEMENT FOR 2009 ANNUAL CONCRETE REPAIR PROGRAM CIP No. ST0912 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Elite Construction 1113E 46 Street Long Beach. CA 90807 (562) 209-0409 THIS AGREEMENT is made and entered into this 10 day of March, 2009, by and between the City of Seal Beach, a California charter city ("City"), and Elite Construction, a Concrete ("Contractor"). RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the 2009 Annual Concrete Repair Program, CIP No. ST0912 ("Project"); B. WHEREAS, Contractor has submitted a bid to City for the Project dated Febrvazy 26, 2009. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the pazties hereto agree as follows: AGREEMENT Contractor's Services. Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ("Work") required by this Agreement and the documents listed in Subsection 1.2 for the Project. Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non-Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Worker's Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E) and Labor Law Requirements (Exhibit F) and any and all supplemental agreements executed amending or extending the work contemplated and that may be required to complete the work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by Owner. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. Effective Date. This Agreement is effective as of March 10. 2009 (the "Effective Date"), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. Payment. For performing and completing the work in accordance with the Contract Documents, Owner shall pay Contractor, in full compensation therefor, the contract sum set forth in the Bidding Schedule. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or' incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. Owner shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. Contractor's Personnel. All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regaz~ding Contractor and Contractor's employees. Contractor shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising fx•om Contractor's alleged violations of personnel practices. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or• any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. Indemnification. Contractor's Duty. Contractor shall indemnify and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") free and harmless from any and all claims, damages, penalties, obligations, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including without limitation wrongful death, bid protests, and stop notice actions, in any manner arising out of or incident to the performance of the Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other lndemnitees in any such suit, action, or other legal proceeding arising out of or• incident to the performance of the Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City or the other Indemnitees. Nonwaiver• of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. Waiver of Rieht of Subro ation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all lights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. Survival. The provisions of this Section 5 shall survive the termination of the Agreement and aze in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Insurance. Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subconsultants. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: Exhibit D-1: Additional Insured Endorsement -Commercial General Liability Exhibit D-2: Additional Insured Endorsement -Automobile Liability Exhibit D-3: Additional Insured Endorsement Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as defined below: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Professional Liability insurance. Contractor shall provide to City the standard form issued by the carrier. Minimum Limits of Insurance. Contractor shall maintain limits no less than as defined below: General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to professional liability insurance. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or~ agency officials which are not also limitations applicable to the named insured. For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or' agency officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Contractor's insurance and shall not contribute with it. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by registered first class mail has been given to City. Each insurance policy, except for the professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against Ciry and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city ox agency officials. Acceptabilit~of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII unless waived in writing by City's Risk Manager. Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements aze to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Liouidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the Owner for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate $750 per working day. Such amount is hereby agreed upon as liquidated damages for the loss to the Owner resulting from the failure of the Contractor to complete the project within the allotted tame and to the valrle of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that aze incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The Owner shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement, Notices. Any notices, bills, invoices, or reports authorized or' required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211 8th Street Seal Beach, California 90740 If to Contractor: Elite Construction 1113E 46 Stteet Long Beach. CA 90807 Telephone: (562) 209-0409 Fax: (562) 984-8060 Non-Assignability: Subcontractin,_g. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfex•, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. Compliance with Laws. Contractox• shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time' Contractor performs the Services. Non-Waiver of Terms. Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. Attome s' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enfox•ce or interpx•et the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection with such enforcement or interpretation. FROM ELITE CONSTRUCTION AND DESIGN PHONE N0. 562 984 8060 Mar. 11 2009 09:50AM P8 Constirtiction. The validity, interprotation, and performance of this Agreement shalt be controlled by aad consnuod nnda the laws of the State of California in the event of any asserted ambiguity in, or Yegar~ng the irttcrpd+eetation of any matttr hercit<, the inbd`pr~Nation of thuis Agreement shall not be resolved by ar~y ntles of in0erpr+etadon providing for iinerpe+etedan against the patty who causes the uncertainty to exist or against the party who drafted the Agreement or who draRed that portion of the A,greem~ent. Ewe .~ This A,gr~meat, as<cit~mg any oclte~c documdus l~poraced here+m by specific refc~neace, ~ the ettiite and int~abod aeteenaeut betweea Coattiractar and ttity. This Ageetnent supersedes all prior orai or written negotiations, tepaesentaiitrats, or agreements. This A.snee~urant lnay not he srne,nekd. nnr any rmviaicm or txesch hrm~f wAivtlxl, cxmpt in s writing ai~i by the patties which expressly refers to this Agreement IN S WHF.RTOF, the patties, through dteiut zespective aut}torirtd rtpt+esattarives, have executed this Agreetneact as of the date first written above. C1TY OF SEAI;. fiFACH CCNTitACx'OR~ $y: City IViana~er $Y'~~ Name:~Dt.i~iRQ $~'frtt+.e~t':~L. Title: p~,v~„~, Atbesr Linda ~eviaQe, City Clerk Name: ~ tea4s~ b 5`r~ Title: ~~,t.~. Apprr'oved as m Fazm: sy: Quinn M. Barrow, City Attorney ATTACHMENT "E" City of Seal Beach California PROPOSAL FOR 2009 ANNUAL CONCRETE REPAIR PROGRAM SPECIFICATION NO. ST0912 __ _ BID SHEE Item No. Quantity i~'t ~ 1. 3,593 ~ Sawcut, remove Bt reconstruct 4" PCC sidewalk completed and in place, in the sum of ri/~ ~o~6A'x-S S/ XT~ GENTS $ Jr ~~ Words, per SF ~J Figures per SF '~ Total (Figures) $ ~` dj ~ ~- 8 • ~~ 2. 365 SF Sawcut, root prune, remove & reconstruct 4" PCC sidewalk completed and in place, in the sum of Words, per SF Figtaes per SF _ Total (Figs) $ ~~ ~SiS~ ~ Z~ -- 3. 90 LF Sawcut, remove 8c reconstruct PCC curb & gutter complete and ~Gy~it~T~ in place, is the sum of wO3~~ p~ ~ r Figures per LF _ Total (Figures) $ Of, ~ ~~ . O ~ 5. 1 LS Err ~'rouS,~.u; -T-Words, per LS ~onsu~uct rc:c: access ramp complete and in pl e, ' the sum of E LiT Gl~DlZE~ $ oC,~00 __ p Figures per LS _Total (Figures) $ p~ p O ~~ © ~ Furnish and install access ramp handrails com lets and in place _ $ ~?g as Figures per LS Total (Figures) $ ~ ®® ©r ~O Sawcut remove PCC & replace wheel chair ramp complete and in place, in the sum of ~~~~~ ~~Ty $ /, X50 , ® o 6. 3 FA J~ ~- oG~~S,rF.v A S~i words, per EA 7. 50 LF Figures per EA Total (Figures) $ '~~~~~ s ~ Q _ Furnish and install root barrier per detail in Section l 7 complete Paue (:-2 Item No, uan ' ~ Description 7 S ~ ~ F and in place, in the sum of G~c 7~ous~'D ~~ /c f~zr.~,~tZ~D $ ~ 5oD - o0 per LF Figures per LF Total (Figures) $ ~ ~~ • D ~---- TOTAL BID PRICE (Items #1 through #'n f7S: ~D FIGURES IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Page ('.-3 2009 ANNUAL CONCRETE REPAIR PROGRAM ATTACHMENT D # LOCATION: Sidewalk Replacement SF Curb & Gutter LF Ram LS WCR EA 1 226 5th St 45 2 250 5th St 50 3 412 Central W 432 4 245 5th St 120 5 441 Central Ave 5th Side 120 6 223 4th St 80 9 205 4th St 48 10 213 3rd St 30 11 601 Ocean Ave 150 12 248 Electric Ave 60 13 406 Marina Dr 200 14 254 6th St Electric Side 45 16 307 Ocean Ave 90 17 117 Ocean Ave 2nd Side 235 18 117 Ocean Ave 235 19 Balboa & Marfin WCR 1 20 Marina CC Accessible Ram 1 21 Cotle a Park Drive 40 100 3 22 301 15th Landin Side 96 25 221 - 225 14th St 232 26 237 14th St 40 27 311 14th St 188 28 306 14th St 24 29 228 14th St 48 30 239 15th St 144 31 15th & Electric 125 35 244-222 17th St 48 36 244-222 17th St 96 37 129 Dol hin 84 38 117-121 Dol hin 160 40 138 Dol hin 228 41 138 Dol hin Electric Side 95 42 1504 Ocean 174 43 600 Taper Drive 136 Total 3898 100 1 4 2009 ANNUAL CONCRETE REPAIR PROGRAM ATTACH EM ENT E # LOCATION: Sidewalk Replacement SF Curb & Gutter LF Ram LS WGR EA 1 211- 215 4th Street 400 2 216 4th Street 24 3 226 4th Street 12 4 124 4th Street 60 5 257 5th Street 60 6 235 5th Street 90 7 235 5th Street 15 8 221 5th Street 90 9 116 5th Street 30 10 140 5th Street 20 11 216 5th Street 160 12 222 5th Street 70 13 242 5th Street 30 14 255 5th Street 30 15 123 5th Street 30 16 100 1st Street 125 17 204 1st Street 60 18 715 Ocean 54 19 715 Ocean 84 20 707 Ocean 18 21 617 Ocean 45 22 617 Ocean 45 23 611 Ocean 72 24 513 Ocean 24 25 509 Ocean 96 26 509 Ocean 72 27 403 Ocean 72 28 317 Ocean 72 29 215 Ocean 3rd Side 250 30 1011 Ocean 25 31 1019 Ocean 75 32 133 10th Street 35 33 220 10th Street 30 34 1101 Central 11th Side 148 35 114-116 13th Street 220 36 114 14th Street 60 37 10th Street @ Church 45 38 818 10th Street 25 39 1016 Electric 20 40 1019 Electric 150 41 1019 Electric 11th Side 150 42 Landin @ 12th Street Alle 50 43 301 15th Landin Side 96 44 254 6th Street Electric Side 20 45 At Libra Parkin Lot 125 46 406 Marina 12 47 507 Marina 50 Tota I 3546