HomeMy WebLinkAboutCC AG PKT 2009-06-08 #JAG~N®A STAFF REPORT
DATE: June 8, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Vince Mastrosimone, Director of Public Works
SUBJECT: AWARD CONSTRUCTION CONTRACT FOR
CONCRETE FOREBAY SEAL LINING PROJECT AT
WEST END PUMP STATION PROJECT NO. SD0901
SUMMARY OF REQUEST:
The City Council is asked to adopt Resolution No. 5879
1. Rejecting the 1st and 2nd low bid.
2. Awarding a contract for the Concrete Forebay Seal Lining Project at
West End Pump Station in the amount of $42,400.00 to American
Deck Systems.
3. Authorizing the City Manager to execute the agreement.
SACICGROUND:
At the April 13, 2009 City Council meeting, Council authorized staff to solicit for
bids for the Concrete Forebay Seal Lining Project at West End Pump Station
Project No. SD0901.
On May 12, 2009, the City Clerk's office received and opened sealed bids. Six
bids were opened with the following results:
Rank Contractor •Amount
1 Perse Construction Company, Inc. $ 25,383.00
2 Spectra Company $ 38,119.00
3 American Deck Systems $ 42,400.00
4 Socal Pacific Construction Corp. $ 52,550.00
5 Howard Ridley Co. Inc. $ 56,330.00
6 Blastco, Inc. $ 214,521.00
After review of each bid package, the 1st low bidder failed to sign the
acknowledgement of addenda and information required of bidder documents.
The 2nd low bidder failed to attach the addenda and sign the acknowledgement
Agenda Item J
Page 2
of addenda document. Therefore, the low bidders bid packages were incomplete
and non responsive. Staff recommends rejecting the bids.
Staff checked the references and bid items of the 3rd low bidder, American Deck
Systems, 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, General Funds are allocated for this project totaling
$90,000. The engineer's estimate is $70,000 for construction, $10,000 for
Inspection, and $10,000 for contingency -totaling to $90,000. The bid price for
this project is $42,400 leaving a balance of $47,600. Staff will look at potentially
doing other necessary improvements at West End Pump Station.
FiECOMMEN®ATION:
It is recommended City Council adopt Resolution No. 5879
1. Rejecting the 1st and 2nd low bid.
2. Awarding a contract for the Concrete Forebay Seal Lining Project at
West End Pump Station in the amount of $42,400.00 to American
Deck Systems.
3. Authorizing the City Manager to execute the agreement.
SUBMITTED BY:
Vince Mastrosimone
Director of Public Works
NOTED AND APPROVED:
~.
avid Carman ity Manager
Attachments:
A. Resolution No. 5879
B. Signed Contract
C. Bid Sheet
R:\-WORKING STAFF REPORTS - 06-08-09\PW -Staff Report - J -Concrete Forebay Seal Lining Project # SD0901 -Res
#5879.doc
RESOLUTION NUMBER 5879
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING A CONTRACT TO AMERICAN DECK SYSTEMS
FOR THE CONCRETE FOREBAY SEAL LINING PROJECT AT
WEST END PUMP STATION, SPECIFICATION NO. SD0901,
AND APPROVING PLANS AND SPECIFICATIONS THEREFOR
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. On April 13, 2009, the City Council of the City of Seal Beach, a
charter city ("City"), approved and adopted the plans and specifications for the
Concrete Forebay Seal Lining Project at West End Pump Station, Specification
No. SD0901 ("Project"), with respect to design criteria. Copies of the plans and
specifications are on file in the City's Public Works Department.
Section 2. The City invited bids for the Project. The City received and opened
6 bids for the Project on May 12, 2009. Perse Construction Company, Inc.
("PCC") and Spectra Company ("SC") submitted the apparent lowest two bids.
American Deck Systems submitted the third lowest bid at $42,400.00.
Section 3. PCC and SC failed to sign the acknowledgement of addenda and
information required of bidders. In addition, SC failed to attach the addenda.
Accordingly, the bids from PCC and SC were incomplete and non responsive.
Based upon the foregoing, the City Council hereby finds that the bids submitted
by PCC and SC are non-responsive.
Section 4. Upon reviewing the bids submitted for the work to be performed
pursuant to contract and said plans and specifications, the City Council hereby
rejects the bids from PCC and SC as non-responsive and finds that American
Deck Systems has submitted the lowest responsive bid for the Project. The bid
of American Deck Systems is hereby accepted in the total amount of
$42,400.00.
Section 5. The City Council hereby approves that certain Agreement, dated
May 26, 2009 with American Deck Systems for $42,400.00 for the Concrete
Forebay Seal Lining Project at West End Pump Station, Specification No.
S D0901.
Section 6. The City Council independently reviewed and considered the
contents of the staff report, the bids, supplemental material and correspondence
submitted to the Council. The Council's decision herein was reached via its own
independent judgment and on the basis of all facts and evidence before it. The
Council's decision is based upon each of the totally independent and separate
findings above, each of which stands alone as a sufficient basis for its decision
to award the contract to American Deck Systems.
Section 7. The City Council hereby authorizes the City Manager to execute
the Agreement. The City Manager or his designee shall administer the terms of
the Agreement on behalf of the City.
Section 8. The City Clerk shall furnish a copy of said Agreement after it has
been approved and fully executed by the City, along with a copy of this
resolution, to: American Deck Systems, 8686 Production Ave., Ste. A, San
Diego, CA 92121.
Section 9. The City Clerk shall certify to the adoption of this Resolution and
shall cause this Resolution and her certification to be entered in the Book of
Resolutions of the Council of this City. _
Resolution Number 5879
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 8th day of June , 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 5879 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 8th day
of June , 2009.
City Clerk
AN AGREEMENT FOR
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
American Deck Systems
8686 Production Ave., Ste. A
San Diego,~CA. 92121
THIS AGREEMENT is made and entered into this z6t~ day of ray , 20~ by aad between
the City of Seal Beach, a California charter city ("City"), and American Deck sysre~sg
California ("COIItCdCtOI").
Page D-26
REC ALS
A. WHEREAS, the City Council has approved the plans and specifications for the West End
Pump Station Phase $ CIP No. SD0941 ("Project");
B. WF~RfiAS, Contractor has submitted a bid to City for the Project dated
05/12/09
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
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 worlananlike manner aII 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,
Exhr`bits attached to this Agreement, including but not limited to the performance Bond (Exhbit A),
Payment Bond (Exhrbit 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 (Exlu'bit F) and any aad all suppleme~al
agreements executed amending or extending the work coatemglated 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 theaefore, 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 ate. This Agreement is effective as of June a, zoos (the "Effective Date"~ and
shall remain in full force and effect until Contractor has rendered the services required by this Agreement.
Pa ent. For performing and completing the work in accordance with the Contract Documents,
Owner shall pay Contractor, in full compensatioa therefor, the contract sum set forth in the Bidding
Schedule. Said sum shall constitute payment in full for aI1 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
incuired for completion of the work as specified in the Contract Documents, Owner shall make payments
Page l}27
to Contractor an 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 direcf supervision, and
all personnel shall possess the qualifications, permits, and licenses required by State and ]ocaI Iaw 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 Seat Beach Municipal Code.
Contractor shall be responsible for payment of all employees' wages and benefits, and
shall comply with atl requirements pertaining to employer's liability, workers' compensation,
unemployment insurance, and Social Security. Contractor shall fully comply with the workers'
compensation Iaw regarding Contractor and Contractor's employees.
Contractor shall indemnify and hold hanritess 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 from 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 alI required taxes on amounts paid to Contractor under this Agreement, and
indemnify and hold City harmless from nay 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 nay 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
race of City officials (collectively "Indemnitees") free and harmless from any and.a]l 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 paymerrt of all consequential damages and attorneys fees and other related costs
and expenses. Further, Contractor shat! 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 shalt pay and satisfy any judgment, award or decree that may be rendered
against City or the other Indemnitees 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 casts 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.
Page D-28
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 Rig it of_ Sub~~tion, Contractor, on behalf of itself and a11~ parties claiming
under or through it, hereby waives all rights of subrogation against the Indemnitees, wliile acting within
the scope of their duties, from aI1 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 S ~hatl survive the termination of the Agreement
and are 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 Exhrbits hereto and incorporated herein by this
reference:
Exhibit D-1: AdditionaI 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 Offtce 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 limuts no Iess 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.
Page D 29
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 informs City of any deductibles
or self-insured retentions except with respect to professional liability insurance.
Other Insurance Provisions. The general ~iabi~Iity 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 cousin no Iimitations 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 a~ 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 wham 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 fast 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 City and its elected officials,
officers, employees, servants, attorneys, designated volunteers, and agents serving as independent
contractors in the role of city or agency officials.
Acceptability 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 Coveraee. All insurance coverages shall be confirmed by execution of
endorsements on forms approved by the City. The endorsements are 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 Ciry
before services commence. As an altensative to City forms, Contractor's insurer may provide complete,
certified copies of alI required insurance policies, including endorsements effecting the coverage required
by these specifications.
Liquidated Damages. Should the Contractor fail to complete the project, or any part thereoty is
the time agreed upon in ffie 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
Page D-30
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 time and to the value 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 Iieu of
damages that are 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 ofthe 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 is writing pursuant to the provisions of this
Section. All notices shall be addressed as follows:
If to City: City Clerk
City of Seal Beach
2I 1 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. American Deck Systems
8686 Production Ave., Ste. A
San Dieao; CA 92121'
Telephone: g g q_~ p _ ~ -~
Fax: ---~~:ae a ~i e
Non-Assi ability: Subcontracting, 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, transfer, or subcontract any rights, duties, or obligations arising hereunder
shall be null, void and of no effect
Compliance with Laws. Contractor 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. YVaiver 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
Page D-3I
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.
Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action
or proceeding to enforce or interpret 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.
Construction. The validity, interpretation, and performance of this Agreement shall be controlled
by and construed under the Iaws of the State of California. In the event of any asserted ambiguity in, or
dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by arty rules of interpretation providing far interpretation against the party who causes the
uncertainty to exist or against the parry who drafted the Agreement or who drafted that portion of the
Agreement
Entire Agreement. This Agreement, including any other documents incorporated herein by
specific reference, represeirts the entire and integrated agreement between Contractor and City. This
Agreement supersedes all prior oral or written negotiations, representations, or agreements. This
Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed
by the parties which expressly refers to this Agreement
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have
executed this Agreement as of the date first writ*~- °~---~-
CITY OF SEAL BEACH
By:
City Manager
Attest:
By:
Linda Devine, City Clerk
Approved as to Form:
By:
• Quinn M. Barrow, City Attorney
Page D-32
~it~ of ~ Seal ~~each
California
PRUP.OSAL
FOR
C®NCRETE FOREBAY SEAL IfINIly'G.PR®JEC'T ~A.2 VEST END
PUNJP STA'T7~N
SPE~~FICAT'ION NQ. SD090~1
Item No: ~~ nanti riit ~vcasnpuon
1. 1~ I,S Furmtsli ~ ~~ -Concrete repair of cracks, damaged coricreYe
sud spalt~g complete and in place, in the sum of
Thirteen thousand, nine hundred sixty dollars and zero cents $: 13., 96.0.00
Pet ~ Figures per. LS
Total (Figures) $ 13 , 9 6 0 .0 0
2. .l ~ Furnish and Install - Lining/Coafing System complete and in
~Iace;.Yn.the stun~of
Twenty-six thousand, three hundred ninetjr dollars and zero cents $ 26 390.00
Words,. per~I,S: Figures per LS
Total (Figures). S 4 0 3 5 0 0 0
3, 1 EA FuFnish and Install - 18" Steel Galvanized CoirugaEed Storm
Drain Pipe complete and in place, in the_sum of
Two thousand,. fifty dollars and zero cents- $ 2 050.00
Words, per EA ~ Figures per EA
Total (Figures) $ 4 2, 4 0 0 .0 0
~`OTAL BID PRICE (Items #~ through #3)
Fourty-two thousand, four hundred dollars and zero cents $42,400.00
WORDS. FIGURES
IN .CASE OF DISCREPANCY BETWEEN 'WORDS' AND FIGURES, THE VVQ'RDS
SHAI:L PREVAIL.
Page C 2