HomeMy WebLinkAbout07.b Precision Engineering contract approvalCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: August 5, 2010
Type of Action: AWARD CONSTRUCTION CONTRACT/AUTHORIZE EXECUTION
OF CONTRACT DOCUMENTS AND AUTHORIZE AGREEMENT
subject: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE
GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO
SUBMITTAL REQUIREMENTS WITH PRECISION ENGINEERING, INC., AND
AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE
SECRETARY OF THE DISTRICT TO EXECUTE A JOINT POWERS AGREEMENT
WITH THE CITY OF MARTINEZ FOR THE CONSTRUCTION OF MARTINEZ
SEWER RENOVATIONS, PHASE 3, DISTRICT PROJECT NO. 5952
Submitted By: Initiating Dept/Div.:
Nancy Molina, Assistant Engineer Engineering /Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
~ ~ -~~
N. Mo na A. Rozul cki A. Farrell K. Alm ames M. Ke y,
General ager
ISSUE: On July 20, 2010, three (3) sealed bids were received and opened for the
construction of the Martinez Sewer Renovations, Phase 3, District Project No. 5952.
The Board of Directors must award the contract or reject bids within 50 days of the bid
opening. Authorize the General Manager to execute the contract documents subject to
SUBMITTAL requirements. Also, the Board of Directors' authorization is required for
Joint Powers Agreements (JPA) with other public agencies that exceed $50,000.
RECOMMENDATION: Award a construction contract, and authorize the General
Manager to execute the Contract Documents subject to favorable review of insurance
certificates, bond submittals, appropriate Contractor license, and any other required
submittals (SUBMITTALS). Also, authorize the President of the Board of Directors and
the Secretary of the District to execute a JPA with the City of Martinez.
FINANCIAL IMPACTS: Approximately $1,971,527, including design, bid price,
contingency, and construction management. The City of Martinez will reimburse the
District $85,100 for their portion of the project.
ALTERNATIVES/CONSIDERATIONS: Reject all bids, which is not recommended.
Also, the Board could decline to authorize the JPA, which would result in the City
entering into their own construction contract for the storm drain pipe replacement and
pavement overlay.
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POSITION PAPER
Board Meeting Date: August 5, 2010
Subject: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE
GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO
SUBMITTAL REQUIREMENTS WITH PRECISION ENGINEERING, INC., AND
AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE
SECRETARY OF THE DISTRICT TO EXECUTE A JOINT POWERS AGREEMENT
WITH THE CITY OF MARTINEZ. FOR THE CONSTRUCTION OF MARTINEZ
SEWER RENOVATIONS, PHASE 3, DISTRICT PROJECT NO. 5952
BACKGROUND: This project is the third phase of multiple phases in Martinez (see
Attachment 1). The Martinez Sewer Renovations, Phase 3, will renovate 5,350 linear
feet of 6- and 8-inch sewer lines in Martinez. This includes the Green Street easement
sewer, which was dropped from Martinez Sewer Renovations, Phase 2, due to
right-of-way issues. Construction of the sewers in easements will involve close
cooperation with customers for site access and restoration.
During the design of the project, the City of Martinez requested the District to include
the replacement/relocation of 230 feet of existing storm drain with a new 18-inch line in
an easement between Brown Street and Ulfinian Way. Since the relocation of the
existing storm drain would facilitate the replacement of the District's existing 6-inch
sewer, and the estimated construction cost was less than $50,000, staff agreed to enter
into a JPA with the City. Prior to bidding, the City requested that the District add
approximately 1,700 square yards of pavement overlay on Brown Street and Main
Street to the project. The bid results for the City work came in at $85,100, therefore,
Board authorization is required for the District to enter into a JPA. Under the JPA, the
City would reimburse the District 100% of the construction cost associated with its work.
District staff prepared the plans and specifications for the project. The Engineer's
estimate for construction of Martinez Sewer Renovations, Phase 3, is $1,268,000. This
project was advertised on July 2 and 7, 2010. Three (3) sealed bids, ranging from
$959,080 to $1,193,607, were received and publicly opened on July 20, 2010. The
Engineering Department conducted a technical and commercial review of the bids and
determined that Precision Engineering, Inc. is the lowest responsive bidder with a bid
amount of $959,080. A summary of bids received is shown in Attachment 2.
The District will administer the construction contract and will provide contract
administration, inspection, survey, office engineering, and submittal review. The funds
required to complete this project, as shown in Attachment 3, are $1,424,727. The total
cost of Martinez Sewer Renovations, Phase 3 is anticipated to be $1,971,527.
This project is included in the fiscal year (FY) 2010-11 Capital Improvement Budget
(CIB) on page CS-22. Staff has conducted acash-flow analysis of the Collection
System Program budget and concluded that adequate funds are available for this
project.
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POSITION PAPER
Board Meeting Date: August 5, 2010
SubJect: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE
GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO
SUBMITTAL REQUIREMENTS WITH PRECISION ENGINEERING, INC., AND
AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE
SECRETARY OF THE DISTRICT TO EXECUTE A JOINT POWERS AGREEMENT
WITH THE CITY OF MARTINEZ. FOR THE CONSTRUCTION OF MARTINEZ
SEWER RENOVATIONS, PHASE 3, DISTRICT PROJECT NO. 5952
At its November 19, 2009 meeting, the District Board of Directors independently found
that this project is exempt from the California Environmental Quality Act (CEQA) under
District CEQA Guidelines Section 15302 since it involves replacement of existing sewer
facilities at substantially the same locations and with the same purpose and level of
activity as the facilities being replaced. Any capacity increases are for non-growth
inducing, wet-weather purposes. This project is also exempt under District CEQA
Guidelines Section 15051 (b) (3), since it can be seen with certainty that there is no
possibility that the activity in question may have significant effect on the environment.
This certainty is based on the District's past experience with numerous sewer
construction projects of this nature, the relatively short distances involved, and the
District's mitigating construction specifications that would be required of the project.
RECOMMENDED BOARD ACTION: Staff recommends the following:
Award a construction contract in the amount of $959,080 for the construction of
the Martinez Sewer Renovations, Phase 3, District Project No. 5952, to Precision
Engineering, Inc., the lowest responsive bidder,
2. Authorize the General Manager to execute the Contract Documents subject to
SUBMITTAL requirements, and
3. Authorize the President of the Board of Directors and the Secretary of the District
to execute a Joint Powers Agreement with the City of Martinez to include storm
drain and pavement overlay construction in the Martinez Sewer Renovations,
Phase 3 Project.
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Central Contra Costa Attachment
Sanitary District MARTINEZ SEWER RENOVATION
j ~ PROJECT PHASE 3 - CCCSD DP 5952
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PAGE 4 OF 6
ATTACHMENT 2
MARTINEZ SEWER RENOVATIONS, PHASE 3
DISTRICT PROJECT 5952
SUMMARY OF BIDS
PROJECT NO.: 5952 DATE: JULY 20, 2010
PROJECT NAME: MARTINEZ SEWER RENOVATIONS, PHASE 3
PROJECT LOCATION: MARTINEZ. CALIFORNIA
NO. OF ADDENDA: 1
ENGINEER EST.: 1 268 000
BIDDER BID PRICE
Precision Engineering, Inc. $959,080
92 Natoma Street #209
San Francisco, CA 94105
D'Arcy and Harty Construction, Inc. $1,162,156
1300 Carroll Avenue
San Francisco, CA 94124
Pfister Excavating, Inc. $1,193,607
1500 Green Island Road
American Canyon, CA 94503
BIDS OPENED BY/s/ Elaine Boehme DATE July 20, 2010
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_ City of Martinez
~~ ~~' 525 Henrietta Street, Martinez, CA 94553-2394 (925) 372-3505
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July 22, 2010
JUL 2 3 2010
+ENVIRpNME1VT~,4 5~.~>-ir.
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Alex Rozul P.E., Resident Engineer
CCCSD
5019 Imhoff Place
Martinez, CA 94553
Re: Martinez Sewer Renovation Phase 3 Project, DP 5952 award
Dear Mr. Rozul:
Attached is an executed "Agreement between Central Contra Costa Sanitary District and City of
Martinez regarding Storm Drain and Pavement Improvements in the Martinez Sewer Renovations Phase
3 Project, DP 5952" (JPA). In accordance with 4d of the JPA the City of Martinez authorizes the award
of additive storm drain and pavement work in the amount of $85,100.
p Vince
Manager
cc: Tim Tucker, City Engineer
HILIP INCE, ITY ANAGER
AGREEMENT BETWEEN
CENTRAL CONTRA COSTA SANITARY DISTRICT AND CITY OF MARTINEZ
REGARDING STORM DRAIN AND PAVEMENT IMPROVEMENTS IN THE
MARTINEZ SEWER RENOVATIONS PHASE 3 PROJECT, DP 5952
This Agreement dated between the City of Martinez and Central
Contra Costa Sanitary District regarding a storm drain installation as part of Central Contra
Costa Sanitary District's Martinez Sewer Renovations, Phase 3 Project provides as follows
and shall become effective when the last party executes it.
1. Parties: The Central Contra Costa Sanitary District, herein called "District" and the
City of Martinez, herein called "City," collectively the "parties:'
2. Purpose, Scope, and Storm Drain Proiect Bid Amount Condition: The District
intends to construct sewer improvements at various locations within the City. These
sewer improvements are described in the plans and specifications for the District's
Martinez Sewer Renovations, Phase 3, District Project No. 5952 (Sewer Project).
The City intends to replace existing storm drainage improvements within an
easement across 1200 Brown Street and 1215 Ulfinian Way in Martinez and
complete an overlay of Brown Street. These improvements are described in the
plans and specifications for the City's 2010 Storm Drain Project, City Project
No. C3003 (Storm Drain Project). The Parties agree that it is advantageous to the
public at large to undertake a joint construction project and therefore enter into this
Joint Powers Agreement pursuant to the provisions of Government Code §6500 et
seq.
This Agreement outlines the responsibilities and requirements of the City and the
District to incorporate the design and construction of the Storm Drain Project as part
of the Sewer Project (hereinafter "Joint Project").
3. Definitions of Sewer Work and Storm Drain Work: As used in this Agreement,
where the context permits such construction, the term "Sewer Work" shall mean the
performance of the services and labor and the provision and installation of the
materials necessary to accomplish and complete the Sewer Project and shall
include all of the sewer lines, manholes, manhole covers, lower building lateral
sewers, cleanouts, and other appurtenances described in the contract documents
(i.e., plans and specifications) prepared for the Martinez Sewer Renovations, Phase
3, DP 5952.
As used in this Agreement, where the context permits such construction, the term
"Storm Drain Work" shall mean the performance of the services and labor and the
provision and installation of the materials necessary to accomplish and complete the
Storm Drain Project and shall include all of the drainage pipes, laterals, and other
appurtenances described in the City's plans and specifications for the 2010 Storm
Drain Project, City Project No. C3003.
4. Division of Responsibility Regarding Design and Construction
C:\DOCUME-1~arozul\LOCALS-1\TempUPA Martlnez3 Post Bid.doc
a. The City shall perform the design, inspection, shop drawing review, RFI
responses, testing and all other related engineering services during both design and
construction for all Storm Drain work. The City shall also perform all tasks related to
ensuring that the City's approval of the storm drain work complies with the California
Environmental Quality Act (CEQA) and other applicable laws. The City shall provide
the District with an approved set of plans and specifications for the Storm Drain
work.
b. The District shall perform the design, inspection, shop drawing review, RFI
responses, testing and all other related engineering services during both design and
construction for all Sewer work. The District shall also perform all tasks related to
ensuring that the sewer work complies with the California Environmental Quality Act
(CEQA) and other laws related to advertisement for bids, and award of contract for
the Joint Project pursuant to applicable laws.
c. The District shall incorporate the City's Storm Drain project into the Sewer
Project to create the contract documents for the Joint Project. The Joint Project
contract documents shall include provisions requiring the successful bidder to (1)
name the City, its directors, officers and employees as additional insured on any
required .general liability and automobile insurance policies, (2) post bonds in
amounts sufficient to cover the construction costs of the Joint Project and name the
City as an additional obligee on all performance and payment bonds posted with the
District, and (3) defend, indemnify, and hold harmless the City, its directors, officers
and employees from liabilities in the same manner as for the District.
d. The District shall bid the Joint Project and award the contract to the lowest
responsible bidder, or reject all bids, pursuant to applicable law. The District shall
not award the Storm Drain work additive bid item, however, without the written
approval of the City. In the event that the City does not provide written approval
within ten (10) working days from the District notifying the City of the bid results, the
District may award the contract for the Joint Project, excluding the Storm Drain
work, without further participation and payment by the City.
If the District rejects all bids, the District and the City will, in good faith, agree upon a
mutually acceptable method of rebidding the Joint Project.
e. The District shall be responsible for the- negotiation, preparation, and
issuance of change orders. All change orders pertinent to or involving the Storm
Drain work shall be reviewed and approved in writing by the City prior to issuance to
the contractor. The City's approval shall not be unreasonably withheld nor delayed.
Any resolution of any and all disputes concerning (1) the method or manner of
installation and/or construction of the storm drain work, (2) conformance of the
storm drain work with the contract documents and plans and specifications, (3) the
timeliness and/or quality of the storm drain work performed by the contractor, and/or
(4) the acceptability of the storm drain work shall be subject to the reasonable
approval of the City.
C:\DOCUME-t\arozullLOCALS-tlTempUPA Martinez3 Post Bid.dac
5. Survey and Right of Way: The District shall perform the design survey and
construction staking for the. Joint Project.
6. Indemni
a. In the event of any claim against the District or City arising from this
Agreement or the work under the Joint Project, it is the intent of the Parties that the
insurance coverage provided for the District and. City through the District's Project
contractor shall be applied until exhaustion to address liability and casts from such a
claim. Further, the parties agree that the following indemnity provisions shall only
apply in the event that no coverage is provided for the claim under the Project
contractor's insurance, or the policy limits have been exhausted and the Project
contractor has no legal responsibility for the claim or fails to fully indemnify the
Parties; and shall apply in the event the Joint Project contractor, any subcontractor
and/or any consultant brings any claim against the parties or either of them based
on one or both parties allegedly having breached or violated the Joint Project
construction agreement, other applicable agreements and/or any law applicable to
the design andlor construction of the joint Project and/or any component thereof.
b. The District shall defend, indemnify, save, and hold harmless the City, its
officers, agents, and employees from any and all claims, demands, suits, costs,
liability, and expenses, including reasonable attorneys fees, and expert fees, for any
damages, injury, sickness or death, including liability for inverse condemnation,
nuisance or trespass (collectively "liability") to the extent arising out of any of the
District's performance and/or obligations under the Agreement, including, but not
limited to, the design, inspection or shop drawing review of .the Sewer work,
compliance with the California Environmental Quality Act (CEQA) as it pertains to
the sewer work and/or the Joint Project, compliance with all other laws relating to
advertisements for bids and award of contract for the Joint Project, the District's
making or withholding payments to the Joint Project contractor, and the District's
project and contract management of the Joint Project, except for liability arising
through the sole or active negligence or willful misconduct of the City, its officers,
employees, contractors, or agents.
The City shall defend, indemnify, save, and hold harmless the District, its directors,
officers, agents, and employees from any and all claims, demands, suits, costs,
liability, and expenses, including reasonable attorneys fees, for any damages,
injury, sickness or death, including liability for inverse condemnation, nuisance or
trespass (collectively "liability") to the extent arising out of any of the City's
obligations under this Agreement, except for liability arising through the sole or
active negligence or willful misconduct of the District, its directors, officers,
employees, contractors, or agents.
c. Nothing in this Agreement is intended to affect the legal liability of either party
by imposing any standard of care different from the standard of care imposed by
law.
C:\DOCUME-t~arozullLOCA!_S-1\TempVPA Martinez3 Post Bid.doc
7. Cost Sharing: The City and the District shall share the cost attributable to the
design, project administration, construction, contract administration, and inspection
of the Joint Project as outlined below.
a. The City shall pay 100 percent of all costs, including change orders
associated with the Storm Drain work and a share of the pavement overlay on
Brown Street. The City's current estimate for the storm drain work and share of
pavement overlay is 85100.
b. The District shall pay 100 percent of the design and construction costs of the
Sewer work on the project. The District shall also provide the following services
during construction:
. material testing related to sewer and storm drain construction
. construction staking and surveying
c. The District and the City shall waive all permit fees.
8. Payment: The District shall be solely responsible for making all payments to the
Joint Project contractor pursuant to the Joint Project contract documents. The City
shall pay to the District, the City's share of the Joint Project based upon the cost-
sharing set forth in Section 7. The City will make progress payments to the District
as the construction work proceeds. The District shall forward to the City a copy of
the contractor's request for progress payment with a billing showing the City's share
of the cost owing to the contractor. The District's billings to the City shall include
sufficient documentation to fully support and justify the costs billed.
The City will make its payment to the District for Storm Drain work and pavement
overlay properly completed and approved by its inspectors within thirty (30) days of
receipt of the billing. City shall not unreasonably withhold nor delay approval of
such work. Payment shall not include any allowances for materials not incorporated
into any work.
Subsequent to the completion of the Joint Project, the City and the District shall
prepare, in a timely manner, final accounting reports concerning costs of the Joint
Project. These reports shall include documentation to fully support and justify all
costs.
The final costs to be paid by the City for the Joint Project shall be calculated based
on the cost-sharing agreement set forth in this Agreement and on the actual cost of
the Storm Drain work. Final payment based upon the actual costs shall be made
between the parties in a timely manner.
9. Schedule: The City shall provide biddable plans and specifications for the Storm
Drain work by May 26, 2010. The District shall advertise for construction by June 7,
2010.
10. Final Acceptance of Contract Construction
C:~DOCUME-tlarozunLOCALS-tlTempUPA Martinez3 Post Bid.doc
a. The District shall be authorized to grant the final acceptance of the Joint
Project as complete. The City shall have the right to make such inspections of the
Storm Drain work as would be ordinary and necessary prior to the final acceptance
by the District of the Joint Project as being complete.
b. The District shall not authorize final acceptance of the Joint Project in the
event the City is unwilling to accept the construction as complete in accordance with
the District's standard procedures. The City will not unreasonably withhold nor
delay its approval of said Storm Drain work.
11. Maintenance Responsibility: At the time that the District accepts the contract work
for the Joint Project as complete, and subject to the warranty provisions of the
construction contract:
a. The City is deemed to thereby accept complete maintenance and repair
responsibility for the Storm Drain as defined herein; and,
b. The District is deemed to thereby accept complete maintenance and repair
responsibility for the Sewer as defined herein, except for the lower building lateral
sewers, which are the responsibility of the individual property owners, in accordance
with the District Code.
12. Accountability: Both parties shall strictly account for all funds directly related to this
Agreement and shall report to the other, upon request, on all pertinent receipts and
disbursements.
13. Cooperation: The City and District agree to work cooperatively toward the
successful completion of the Joint Project.
14. Modification of Aareement: This Agreement shall be subject to modification only by
a subsequent written agreement executed by both of the parties.
15. Aareement Expiration: Except for the provisions of Section 2 and Section 6, which
provisions shall survive the expiration of this Agreement; this Agreement shall expire
upon the payment of all sums described in Section 8 above.
16. Entire Aareement: This Agreement contains the entire understanding of the parties
concerning its subject. matter. Any representation or promise of the parties relating
to the subject matter shall not be enforceable unless it is contained in this
Agreement or in a subsequent written agreement executed by the parties and
approved by their respective governing bodies.
17. Successors: This Agreement shall inure to the benefit of and be binding upon the
successors and assigns of both parties.
18. Notices: Any and all notices or documents to be delivered between the parties shall
be deemed delivered: (1) upon hand delivery to the address below; (2) upon being
sent and received via certified mail to the address below as evidenced by certified
C:IDOCUME-tlarozunLOCALS-1\TempUPA Man7nez3 Post Bid.doC
mail receipt; (3) upon being sent via facsimile to the telephone number below as
evidenced by facsimile receipt; or (4) five (5) days after being sent via first class
mail. Facsimile transmission shall be promptly followed by first class mail. The
addresses and facsimile numbers are as follows:
TO THE CITY: Mr. Tim Tucker
City Engineer
City of Martinez
525 Henrietta Street
Martinez, CA 94553-2394
Fax: (925) 372-0257
TO THE DISTRICT: Mr. Alex Rozul
Senior Engineer
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553-4392
Fax: (925) 228-4624
19. Interpretation: Both parties have had ample opportunity, with the benefit of counsel,
to comment upon the contents of this Agreement; therefore, the rule that
ambiguities in contracts are to be construed against the drafter, and any related
rules, shall not apply. This Agreement shall be governed by the laws of the State of
California. Any action arising out of this Agreement shall be venued in the Superior
Court of the State of California in and for the County of Contra Costa.
20. Termination: Except for the condition in Section 2, should City substantially breach
this Agreement, the District may terminate this Agreement by providing the City with
at least fifteen (15) days advance written notice of termination and of the claimed
substantial breach. This Agreement shall then terminate according to such notice
unless City cures such claimed substantial breach within the period indicated in the
notice, which as stated above shall be at least fifteen (15) days. Should the District
substantially breach this Agreement, the City may terminate this Agreement by
providing the District with at least fifteen days (15) days advance written notice of
termination and of the claimed breach. This Agreement shall then terminate
according to such notice unless the District cures such claimed substantial breach
within the time period indicated in the notice, which as stated above shall be at least
fifteen (15) days.
21. Attornevs Fees: In the event either party to this Agreement brings an action to
enforce or interpret this Agreement, the prevailing party in such action shall be
entitled to attorneys and witnesses fees, as well as other costs.
C:IDOCUME-t~arozullLOCALS-t\TempVPA Martinez3 Post Bid.doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement dated
to be executed in duplicate by officials which the respective
parties covenant have full authority to execute this Agreement.
CENTRAL CONTRA COSTA
SANITARY DISTRICT
Date:
CITY OF MARTINE2
Date: ~~~ ~
By:
Michael R. McGill
President, Board of Directors
DATE:
Date:
Elaine R. Boehme
Secretary of the District
APPROVED AS TO FORM:
Date:
Kenton L. Alm
Counsel for the District
1424443.1
ATTEST
RECOMMENDED FOR APPROVAL BY:
DATE:
l `yam
Tim Tucker
City Engineer
C:~Documents and SettingstarozullDesktopypa comparisonUPA Martinez3 Post Bid.doc
~~t~-C~
Phil Vince
City Manager