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HomeMy WebLinkAboutPW 7 Beechwood Court Storm Drain ImprovementsSAN RAFAEL Agenda Item No: 4.1 THE CITY WITH A MISSION Meeting Date: May 15, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works P�- Prepared by: Bill Guerin, City Manager Approval: Director of Public Works File No.: 08.09.04 TOPIC: 7 BEECHWOOD COURT STORM DRAIN IMPROVEMENTS PROJECT SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONSTRUCTION CONTRACT FOR THE 7 BEECHWOOD COURT STORM DRAIN IMPROVEMENTS PROJECT, CITY PROJECT NO. 11305, TO WILDCAT CONSTRUCTION, IN THE AMOUNT OF $211,600. RECOMMENDATION: Adopt the resolution awarding the construction contract to Wildcat Construction in the amount of $211,600. BACKGROUND: The neighborhood surrounding Knight Drive off of Point San Pedro Road was developed in the late 1950's and early 1960's, including the homes built on Beechwood Court. City records indicate a storm drain easement was accepted by the City in October 1960 at 7 Beechwood Court. The City's easement at this property has a storm drain pipe approximately 200 feet in length, a portion of which (120 feet) consists of concrete pipe while the remaining 80 feet is corrugated metal pipe (CMP). It appears the developer installed the concrete section of pipe when the lot and home were originally built; the City installed the CMP portion of pipe about nine years later in 1969. CMP was a very popular pipe material at that time; however, experience has shown that this material rusts over time causing pipes to break apart. The proposed project will replace only the CMP section of pipe that has failed in the backyard of 7 Beechwood Court and adjacent creek with high density polyethylene pipe (HDPE). After the pipe is replaced, the City will re -landscape the backyard to original conditions. Public Works staff prepared the plans, specifications, and cost estimate for the project, which was found to have no significant impact on the environment and is therefore categorically exempt under the California Environmental Quality Act (CEQA). The Notice of Exemption was filed at the Marin County Clerk's Office on March 20, 2017. As a portion of the pipe replacement will occur in a natural creek behind 7 Beechwood Court, the possibility exists that regulatory permits are required to perform this maintenance work. Staff has submitted permit applications to the California Department of Fish and Wildlife as well as the Regional Water Quality Control Board; the U.S. Army Corp of Engineers has FOR CITY CLERK ONLY File No.: 4-1-703 Council Meeting: 05/15/2017 Disposition: Resolution 14326 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 notified the City that no permit from their organization is required. Work will not begin until all permits have been received, if they are deemed necessary. The project was advertised in accordance with San Rafael's Municipal Code on March 31, 2017. ANALYSIS: On April 27, 2017 at 10:15 AM the following bids were received and read aloud: NAME OF BIDDER AMOUNT Wildcat Construction $211,600 Maggiora & Ghilotti, Inc. $217,217 Team Ghilotti $226,127 A&E Engineering $268,000 Michael Paul Company, Inc. $276,500 W.R. Forde Associates, Inc. $276,600 The engineer's construction cost estimate is $250,000. The bid specifications provide that the award of the bid is determined by the lowest responsible and responsive bidder based on the Base Bid amount. The referenced bids have been reviewed by Public Works staff and the bid from Wildcat Construction was found to be both responsive and responsible. The low bid from Wildcat Construction, in the amount of $211,600, falls within the project budget. In reviewing the bids, it was determined that Wildcat Construction failed to satisfy Section 3.03 in the Invitation to Bids by subcontracting 56.7% of the base bid work. Section 3.03 reads in part: "The Contractor shall perform with its own organization, contract work amounting to 50 percent of the original total contract price, except that any designated "specialty items" may be performed by subcontract and the amount of such "specialty item" so performed may be deducted from the original total contract price before computing the amount of work required to be performed by the Contractor with its own organization." City staff recommends that the City Council waive the 6.7% deviation from the 50% work requirement on the base bid as being inconsequential, and not providing an unfair competitive advantage to Wildcat Construction, over the other bidders. The City's finding is supported by a 1996 court decision in the case of Ghilotti Construction Company v. City of Richmond (1996) 45 Cal.App.41" 897, where the Court held that the City of Richmond could waive the low bidder's 5.44% non-compliance with the same 50% Contractor work requirement. The Court found that the irregularity in the contractor's bid was insubstantial, and held there was no evidence to support a finding that the deviation from the 50% Contractor work requirement gave it an unfair competitive advantage over the other bidders. Similarly, Staff recommends that the City Council waive the irregularity in Wildcat Construction's bid as being inconsequential, in a form to be approved by the City Attorney. PUBLIC OUTREACH: As the failed storm drain pipe is located in the backyard of the private property at 7 Beechwood Court, staff has worked hand-in-hand with the property owner. Notification to other residents in the neighborhood will be conducted by the Contractor. FISCAL IMPACT: The following tables summarize the project budget: Project Budget: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Funding Sources Storm Drain Fund #205 Total Available Funds Expenses: Category — Eden Expense Code Already Charged Expenses Construction -02 Construction -02 Remaining Expenses Construction -02 Construction -02 Construction -02 Allocation $300,000 $300,000 Amount Notes Listed in 16/17 CIP Notes $382.10 Advertisement of Bid Documents $4,918.00 Environmental Permit Fees $211,600.00 Construction Contract Amount $44,999.90 Construction Contingency $33,000.00 Allowance for Environmental Mitigation Measures Construction -02 $5,100.00 Materials Testing and Sampling Total Expenses $300,000.00 Construction inspection of this project will be managed by Public Works engineering staff. OPTIONS: 1. Adopt the resolution waiving the bidding irregularity as inconsequential and awarding the construction contract to Wildcat Construction, in the amount of $211,600. If this option is chosen, construction will commence as soon as environmental regulatory permits are issued, if needed. 2. Do not award the contract and direct staff to rebid the project. If this option is chosen, rebidding may delay construction until fall 2017 and may result in the new storm drainage system not being installed before the rainy season begins. 3. Do not award the contract and direct staff to stop work on the project. ACTION REQUIRED: Adopt the resolution awarding the construction contract to Wildcat Construction, in the amount of $211,600. ATTACHMENTS: 1. Resolution RESOLUTION NO. 14326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONSTRUCTION CONTRACT FOR THE 7 BEECHWOOD COURT STORM DRAIN IMPROVEMENTS PROJECT, CITY PROJECT NO. 11305, TO WILDCAT CONSTRUCTION, IN THE AMOUNT OF $211,600, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WILDCAT CONSTRUCTION WHEREAS, on the 27�' day of April, 2017, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: 117 Beechwood Court Storm Drain Improvements Project" City Project No. 11305 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of $211,600 from Wildcat Construction, at the unit prices stated in its bid, was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder; and WHEREAS, Section 3.03 of the Instructions to Bidders provides that the contractor shall perform 50% of the original total contract price with its own organization; and WHEREAS, Wildcat Construction submitted the lowest base bid for the aforementioned project, in the amount of $211,600, with Wildcat Construction performing 43.3% of the base bid work with its own organization and its subcontractors performing 56.7% of the base bid work, and therefore Wildcat Construction's bid does not comply with the requirement of Section 3.03 of the Instructions to Bidders; and WHEREAS, City staff recommends that the City Council waive Wildcat Construction's 6.7% deviation in its base bid from the 50% work requirement as being inconsequential and not providing any unfair competitive advantage to Wildcat Construction over the other bidders. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The plans and specifications for the 7 Beechwood Court Storm Drain Improvements project, City Project No. 11305, on file in the office of the City Clerk, are hereby approved. 2. The City Council hereby waives the 6.7% deviation from the contractor 50% work requirement in Wildcat Construction's bid as being inconsequential and not providing any unfair competitive advantage to Wildcat Construction over the other bidders. 3. The bid of Wildcat Construction is hereby accepted at the unit prices stated in its bid, and the contract for said work and improvements is hereby awarded to Wildcat Construction, at the stated unit prices. 4. The City Manager and the City Clerk are authorized and directed to execute the contract with Wildcat Construction, in a form approved by the City Attorney, and to return the bidder's bond upon the execution of the contract. 5. Funds in the total amount of $300,000 will be appropriated from the Storm Drain Fund #205. 6. The City Manager is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 15ffi day of May, 2017 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None O&W ESTHER C. BEIRNE, City Clerk File No.: 08.09.04 City of San Rafael ♦ California Form of Agreement for 7 Beechwood Court Storm Drain Improvements This Agreement is made and entered into this 16 day of 14" 2017 by and between the City of San Rafael (hereinafter called City) and AI Kaplan, doing business as Wildcat Construction (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1- Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the specifications for the project entitled: 7 Beechwood Court Storm Drain Improvements, City Project No. 11305, all in accordance with the requirements and provisions of the "Specifications and Contract Documents for 7 Beechwood Court Storm Drain Improvements" dated March 2017, which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. II- Time of Completion (a) The work to be performed under this Contract shall be commenced within Five (5) Workine Days after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within Thirty-five (35) Working Days and with such extensions of time as are provided for in the General Provisions. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. ITEM DESCRIPTION 1. Mobilization 2. Minor Concrete - Sidewalk 3. Storm Drain Pipe 4. Miscellaneous Work a. Wood Fences b. Riprap L4,-1--703 ESTIMATED QUANTITY UNIT PRICE TOTAL PRICE 1 LS c@i $25,000 = $25,000.00 800 SF @ $30 = $24,000.00 80 LF @ $1,300 = $104,000.00 1 LS @ $15,000 = $15,000.00 1 LS @ $15,600 = $15,600.00 AGREEMENT -1 ITEM DESCRIPTION c. SD Pipe Cleaning Landscape Improvements ESTIMATED UNIT QUANTITY LS @ UNIT TOTAL PRICE PRICE $13,000 = $13,000.00 LS @ $15,000 = $15,000.00 GRAND TOTAL BID $211,600.00 V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the City Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the City Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the City Engineer so certifies, the City shall, upon certificate of the City Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. VII - Assignment of Warranties; Waiver of Subrogation (a) Contractor hereby assigns to City all warranties, guarantees, or similar benefits such as insurance, provided by or reasonably obtainable from the manufacturers or suppliers of equipment, material or fixtures that Contractor has installed or provided in connection with the work performed under this Agreement. AGREEMENT -2 (b) Contractor hereby agrees to waive and arrange by contract for its subcontractors to waive any subrogation rights which any insurer of Contractor or its subcontractors might otherwise acquire in connection with the insurer's payment to Contractor or its subcontractors of any insured loss with respect to work performed under this Agreement. Contractor further agrees to obtain and to arrange for its subcontractors to obtain for City's benefit any endorsements from insurers that may be necessary to effect such waiver of subrogation. Specifically, any worker's compensation insurance policies of the Contractor or its subcontractors shall be endorsed with a waiver of subrogation in favor of City for any work performed by Contractor or its subcontractors under this Agreement, and copies of such endorsements shall be provided to City. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: Esther C. Beirne City Clerk APPROVED AS TO FORM: LIA-0 Rob Epstein City Attorney File No. 08.09.04 CITY OF SAN RAFAEL: 1 Jim Schutz City Manager Al Kaplan, dba Wildcat Construction PriAedNe: Title: D U--� . AGREEMENT -3 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Hunter Young Extension: 3408 Contractor Name: Wildcat Construction Contractor's Contact: Roxanne Torguson Contact's Email: wcateng@yahoo.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) & attachments to City 5/6/2017 ® HY Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 5/12/2017 ® LAG and return to Project Manager 5/12/2017 ® LAG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward at least two originals of final agreement to 5/15/2017 ® HY contractor for their signature 4 Project Manager When necessary, * contractor -signed agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract> $125,000 5/15/2017 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 5/22/2017 ® HY Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS and , and /2� f VIA-- QA --bonds bonds (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager yQ,� RApq�` i o r� WIiH aN9h ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) 4 CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS --> [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 5/15/2017 From: Bill Guerin Department: Public Works Date: 5/1/2017 Topic: 7 Beechwood Court Storm Drain Improvements Subject: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONSTRUCTION CONTRACT FOR THE 7 BEECHWOOD COURT STORM DRAIN IMPROVEMENTS PROJECT, CITY PROJECT NO. 11305, TO WILDCAT CONSTRUCTION, IN THE AMOUNT OF $211,600. Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: Approved -with minor change. Van Bach ® City Attorney Remarks: LG- Approved 5/9/17. Please do not include draft contract as an attachment as it is not approved yet. ® Author, review and accept City Attorney / Finance changes Remarks: HY - approved 5/10/17 ® City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: