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HomeMy WebLinkAboutReject All Bids - 1993-07-06 Y. { REQUEST FOR CITY COUNCIL ACTION Date August 16, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrato Prepared by: ouis F. Sandoval, Director of Public Works Subject: iw ECR RESERVOIR RENOVATION CC-696 AP�'�2®VEI���'CIZ'I'COUNCIL tJ1VCII., 19 19 Consistent with Council Policy? [XI Yes ( I New Policy or Exceptio 1% � T i CL•�K Statement of Issue, Recommended Action, Analysis, Funding Source, Alternative Actions, Attachments: �/ Statement of Issue: Construction bids for the City's Peck Reservoir Renovation CC-696 were received on April 13 , 1993 . Protests were filed by the apparent first and second low bidders. In an effort to avoid any confusion and obtain lower cost bids, the City Attorney's Office has advised that all bids be rejected, and the project be re-bid. Recommended Actions: 1. Reject all bids. 2 . Authorize the Director of Public Works to make the appropriate modifications to the plans and specifications to solicit new bids for the entire project. Analysis: The Peck Reservoir project consists of two major construction elements: 1) the Reservoir, and 2) the Pump Station. In an effort to take advantage of the favorable bidding climate and to begin construction as soon as possible, the original intent was to bid ` these two elements separately. Originally, the Reservoir package was ready to be bid, while the Pump Station plans and specifications were being completed, for bidding at a later date. This "phased" bidding would have enabled us to begin construction of the project at an earlier date; the Pump Station construction lagging the Reservoir construction_ by several months. Because the estimated construction time for the Reservoir and the Pump Station are twelve months and nine months respectively, this bid "phasing" would still allow construction of both the Reservoir and the Pump Station to be completed at the same time. d August 16, 1993 Peck Reservoir Renovation - CC-696 Page 2 Consequently, on April 13 , 1993 , bids for the Peck Reservoir Renovation (reservoir only) were received and opened in accordance with the Notice Inviting Bids as follows: Contractor Total Bid Amount 1. Fargo Construction $ 1, 985, 000. 00 2 . Gateway Contractors $ 2, 109,767. 00 3 . S. J. Amorosa Construction $ 2, 189, 300. 00 4 . MERCO Constructing Engineers $ 2,290, 308 . 00 5. Hayward Construction $ 2, 334, 303 . 00 6. C W Roen Construction $ 2, 342 , 500. 00 7. Commercial Contractors $ 2 ,429, 875. 00 8 . Pascal and Ludwig Engineers $ 2,547, 000. 00 9 . B F I Construction $ 2,736, 899. 00 10. G A MacDonald $ 2,791, 000. 00 11. Advanco Construction $ 2,933,442 . 00 Engineer's Estimate $ 3 , 000, 000. 00 A protest was filed by Gateway Contractors, the second low bidder, on April 14, 1993 , disputing the content and procedures used by Fargo Construction, the apparent low-bidder. A counter-protest was then filed by Fargo Construction, saying that all contractual conditions would be adhered to. These protests delayed the project such that phased bidding and construction are no longer necessary or appropriate. If the project were re-bid as one package, it is likely that the resulting bids would be lower than if the Reservoir and Pump Station were bid separately. The City Attorney's Office has reviewed all documentation submitted on behalf of the protesting firms and recommended that all bids be rejected, .and that the Director of Public Works be authorized to re-advertise the Notice Inviting Bids. This should avoid any confusion and result in lower cost bids. Funding Source• Revenues are budgeted for this project in the Water Division Capital Outlay Account E-EW-PW-849-6-39-00. August 16, 1993 Peck Reservoir Renovation - CC-696 Page 3 Alternative Actions: 1. Deny request and direct staff on how to proceed. This option would delay the project indefinitely, and may jeopardize the surrounding area and water supply system, should a seismic event of sufficient magnitude occur. 2 . Award the Reservoir only bid to either the low bidder or the second low bidder and bid the Pump Station separately. The City Attorney's office advises that an award to either of these bidders may result in legal action against the City by the other. Additionally, bidding the projects separately would likely result in more costly bids. Attachments• None. LFS:JRR:DMD:bb t y REQUEST FOR CITY COUNCIL ACTION Date July 61 1993 Submitted to: Honorable Mayor and City Council Submitted by; Michael T. Uberuaga, City Administrato ��- Prepared by: *Louis F. Sandoval, Director of Public Works Subject: PECK RESERVOIR RENOVATION CC-696 APPROVED BY CITY COUNCIL. 7—G 19W Consistent with Council Policy [XI Yes [ ] New Policy or Exception 77 C CL Statement of Issue, Recommended Action, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: Construction bids for the City's Peck Reservoir Renovation CC-696 were received on April 13 , 1993 . Protests were filed by the apparent first and second low bidders. The City Attorney's Office has advised that all bids be rejected. Recommended Actions: 1. Reject all bids. 2 . Authorize the Director of Public Works to solicit new bids for the project. Analysis• On April 13 , 1993 , bids for the Peck Reservoir Renovation were received and opened in accordance with the Notice Inviting Bids and are summarized below: Contractor Total Bid Amount 1. Fargo Construction $ 1, 985, 000. 00 2 . Gateway Contractors $ 2 , 109, 767 . 00 3 . S. J. Amorosa Construction $ 2, 189, 300. 00 4 . MERCO Constructing Engineers $ 2 , 290, 308 . 00 5. Hayward Construction $ 2 , 334, 303 . 00 6. C W Roen Construction $ 2 , 342 , 500. 00 7 . Commercial Contractors $ 2 ,429, 875. 00 8 . Pascal and Ludwig Engineers $ 2, 547 , 000. 00 9 . B F I Construction ,$ 2,736,899 . 00 10. G A MacDonald $ 2,791, 000. 00 11. Advanco Construction $ 2, 933 ,442 . 00 Engineer's Estimate $ 3 , 000, 000. 00 "July 6, 1993 Peck Reservoir Renovation - CC-696 Page 2 A protest was filed by Gateway Contractors, the second low bidder, on April 14, 1993, disputing the content and procedures used by Fargo Construction, the apparent low-bidder. A counter-protest was then filed by Fargo Construction, saying that all contractual conditions would be adhered to. In summary, the issues of protest were as follows: a),. List of Named Equipment (Roofing) Material Suppliers: The technical specifications require that the bidder list one of the named suppliers (Reynolds Metal Company) specified, "or approved equal. " Proposed "equals" were to be indicated on the Proposed Substitute Form. Fargo, the low bidder, listed Tollman as an "or equal" supplier, but neglected to indicate Tollman on the Proposed Substitute Form. The specifications state that "Failure to comply with this requirement will render the bid non- responsive and may cause its rejection. " Fargo admits their oversight, but agrees that if their "or equal" supplier (Tollman) is not approved by the City, they will use the specified supplier (Reynolds Metal Company) . The second low bidder (Gateway) feels that Fargo's bid should be rejected because of their oversight with regard to listing Tollman as an "or equal" supplier. b) . Subcontractor for Reservoir Liner: The technical specifications state: "The installer of the lining shall be experienced in the installation of flexible membrane lining and shall provide the Engineer with a list of not less than ten projects and not less than two million square feet of successfully installed reinforced synthetic lining. " Fargo does not currently have the experience described above. Gateway contends that Fargo would then need to hire a sub- contractor for this work; therefore, by law the subcontractor should have been listed in the bid. Failure to do so would be grounds for rejection of the bid. Fargo contends that there is no requirement that the work be subcontracted; instead Fargo would employ qualified personnel to complete the work. The legal issue then, is whether the intent of the specifications is for the installer to be experienced as described previously, or the company, or both. The City Attorney's Office has reviewed all documentation submitted on behalf of the protesting firms. It is their recommendation that all , July 6, 1993 Peck Reservoir Renovation - CC-696 Page 3 bids be rejected, and the Director of Public Works be authorized to re-advertise the Notice Inviting Bids. It is not necessary to revise the plans or specifications, since the issues of protest concerned only the low-bidder's completion of the bid documents; not his understanding of the bid requirements. .Funding Source: Revenues are budgeted for this project in the Water Division Capital Outlay Account E-EW-PW-849-6-39-00. Alternative Actions: 1. Deny request and direct staff on how to proceed. This option would delay the project indefinitely, and may jeopardize the surrounding area and water supply system, should a seismic event of sufficient magnitude occur. 2 . Award the bid to either the low bidder or the second low bidder. (The monetary difference between the two bids is $124,767) . The City Attorney's office advises that an award to either of these bidders may result in legal action against the City by the other. Attachments: None. LFS:JRR:DMD:bb RECEIVED CITY CLERK CITY DF HUNTINGT�N : CALIF. JuN ZZ 2 al P '93 Es: NJ co 7, lZ Nor to. �019NIINnM 1I loin AMOI All.) 03At333V REQUEST FOR CITY COUNCIL ACTION Date March 15, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Louis F. Sandoval, Director of Public Works �,o�ti9 f S Subject: PECK RESERVOIR RENOVATION; CC-696 Consistent with Council Policy? 1X] Yes ( ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:G2ggd STATEMENT OF ISSUE: Plans and Specifications have been completed for the renovation of the City's Peck Reservoir water storage facility. City Council authorization is now necessary to solicit bids. RECOMMENDED ACTION: 1. Approve the plans and specifications and authorize the Director of Public Works to solicit bids for the project. 2. Approve the attached sample contract subject to award of contract by Council to the lowest responsible bidder. ANALYSIS: On February 6, 1989, Council approved the selection of James M. Montgomery Consulting Engineers (JMM)to perform a seismic analysis and to provide preliminary design services necessary for renovating the Peck Reservoir water storage facility. This renovation includes the following: o Replacing deteriorated roof panels, decayed structural members, and supporting roof hardware. o Replacing the reservoir lining to reduce leakage. o Adding safety ladders and required accessways. o Replacing one pump and adding one new pump. o Reinforcing the reservoir structure and rebuilding pump station building to meet the requirements of the seismic regulations of the Uniform Building Code. o Adding a liquefied petroleum gas fuel system for secondary power. On June 26, 1989,Council approved planned Amendment No. 1 to the contract. This authorized JMM to \;� V Page two PECK RESERVOIR RENOVATION; CC-696 March 15, 1993 prepare the construction contract drawings and specifications for the renovation,using the design criteria established during the preliminary design phase. On September 17, 1990,Council authorized Amendment No.2 to Consultant Contract with JMM to provide pump station mechanical modification design services and to delete the construction support services from Amendment No. 1. JMM has now completed the Plans and Specifications for the renovations and pump station mechanical modifications. The project is now ready to call for bids. The City Council is requested to approve the plans and specifications, authorize the Director of Public Works to solicit bids, and approve the attached sample contract to award of contract by Council to the lowest responsible bidder. FUNDING SOURCE: The project is estimated to cost$3,000,000. funds are budgeted for this project in Water Division Capital Improvement Account E-EW-PW-849-6-39-00. ALTERNATIVE ACTION: 1. Deny request and direct staff on how to proceed. This option would delay the project. 2. Deny request and stop all work currently in progress. This option would delay the project indefinitely, and may jeopardize the surrounding area and our water supply system should a seismic event of sufficient magnitude occur. ATTACHMENT: 1. Location Map. 2. Sample Construction Contract. PROJECT LOCATION PECK RESERVOIR WATER STORAGE FACILITY CC-696 r,L,A AVE. VI N N V1� Mc FAX Al. �_.._.. .�.. EONCER ^ AYE z NEX v AVE Z � 9 x •� N $ V 1! 7 WARNER AVE. __J suTER AVE. +os ••\ TN.9ERT MS. 4 C• �c 1. Al. AVE. YORKT WN AVE HAMS AVE OUs ACE. 3t' � " A c},� G G AVE 0 �n �{E I"IITON AVE. HNy. HM N*4c A LOCATION MAP A CITY OF HUNTINGTON SEACH ORANGE COUNTY CUJFORNIA CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR PECK RESERVOIR RENOVATION (CC 696) THIS AGREEMENT is made and entered into on this day of , 1993, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and a California corporation, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as the the Peck Reservoir Renovation (CC 696) in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any 511:AFJk 1 S A M P L E description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work -is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: 511:AFJk 2 S A M P L E A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builder' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in -the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW") , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. 511:AFJk 3 S A M P L E Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed ($ ) , as set forth in the Contract Documents, to be paid as provided in this Agreement. 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within [consecutive] [working] days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the 511:AFJk 4 S A M P L E prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately 'to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be 511:AFJk 5 S A M P L E negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR'S faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY'S acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural 511:AFJk 6 S A M P L E facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the- sum of ($ ) per day for each and every working day's delay in completing the work in excess of the number of working days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate 511:AFJk 7 S A M P L E a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time 511:AFJk 8 S A M P L E herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions,- an equitable adjustment shall be made and the Agreement modified in writing accordingly; 511:AFJk 9 S A M P L E (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each 511:AFJk 10 S A M P L E progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as .an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of 511:AFJk 11 S A M P L E securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this- Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent 511:AFJk 12 S A M P L E negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to the California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with all such laws and provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors ' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under. the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability 511:AFJk 13 S A M P L E insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently 511:AFJk 14 S A M P L E in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. 511:AFJk 15 S A M P L E Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said 511:AFJk 16 S A M P L E obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one-hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices . CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. § 1324a regarding employment verification. 28 . NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29 . CAPTIONS of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in_ the interpretation, construction or meaning of the provisions of this Agreement. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of 511:AFJk 17 S A M P L E services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CITY OF HUNTINGTON BEACH a municipal corporation of the State of California By: Chairman/President/Vice President Mayor (circle one) By: Secretary/Assist Sec./Chief Financial Officer/Asst. Treasurer (circle one) ATTEST: APPROVED AS TO FORM: City Clerk s�f City Attorney G � REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works 511:AFJk 18 S A M P L E i 1 i SECTION 00030 - NOTICE INVITING BIDS 6 ,; &1t6 t 6hli3 RECEIPT OF BIDS: Sealed bids for Peck Reservoir Pumping Station Renovation will be received at the office of the City Clerk, City of Huntington Beach,OWNER of the WORK located at Second Floor, 2000 Main Street, Huntington Beach, California 92648 until 2:00 PM, on June 22, 1993. DESCRIPTION OF WORK: The WORK includes: 1. Demolition of the existing block wall, pumping station building, removal of existing engines and appurtenances;.all as shown and specified. 2. Construction of the new pumping station Including a new building and accessories, LPG storage tanks, piping system and accessories, block wall, a restroom, engine exhaust pipes, yard piping, yard paving, mill piping,valves,grating, Instrumentation, electrical equipment,lighting,controls,fans/ventilators,conduits,protective coatings, and appurtenances, complete and operable, all as shown and specified. Reinstallation of Engine Nos. 1 and 3 and their accessories as shown and specified. 3. Installation of OWNER furnished mechanical equipment, complete and operable, all as shown and specified. SITE OF WORK: The site of the WORK is located at Springdale Street, North of Bolsa Avenue and South of the U.S. Government Railroad, In the City of Huntington Beach, California. COMPLETION OF WORK: The WORK must be completed within 240 successive days after the commencement date stated in the Notice to Proceed. The date currently scheduled for Notice to Proceed is September 13, 1993, subject to confirmation by OWNER. OPENING OF BIDS: The Bids will be publicly opened and read at 2:00 PM on June 22, 1993, In the Council Chambers, unless otherwise posted. OBTAINING CONTRACT DOCUMENTS: The Contract Documents are entitled"Peck Reservoir Pumping Station Renovation." The Contract Documents may be obtained at the office of the Director of Public works,2000 Main Street, Huntington Beach, California 92648 upon payment of$100 (non-refundable) If picked up, or payment of $120 (non-refundable) if mailed, for each set of Contract Documents (including technical specifications and accompanying reduced scale drawings). The scale of the reduced drawings is about one-half of the original scale. if full scale drawings are desired they may be purchased at $40 (non-refundable) if picked up or $50 (non-refundable) if mailed, for each set. BID SECURITY: Each Bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the Total Bid Price payable to the City of Huntington Beach as a guarantee that the Bidder, if its Bid is accepted,will promptly execute the Agreement. A bid shall not be considered unless one of the forms of Bidder's security Is enclosed with it. BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 30 calendar days from the date of bid opening. CONTRACTOR'S LICENSE CLASSIFICATION: in accordance with the provisions of California Public Contract Code Section 3300, the OWNER has determined that the CONTRACTOR shall possess a valid Class "A" General Engineering Contractor license at the time that the Contract is awarded. Failure to possess the specified license shall render the Bid as non-responsive and shall act as a bar to award of the Contract to any bidder not possessing said license at the time of award. MW-030193 NOTICE INVITING BIDS 126.0121-PECK RESERVOIR PUMPING STATION RENOVATION PAGE 00030-1 CALIFORNIA WAGE RATE REQUIREMENTS: In accordance with the provisions of California Labor Code Sections 1770, 1773, 1773.1, 1773.6 and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the WORK is to be performed. A copy of said wage rates is on file at the office of the OWNER. It shall be mandatory upon the CONTRACTOR to whom the WORK is awarded and upon any subcontractor under the CONTRACTOR to pay not less than said specified rates to all workmen employed by them in the execution of the WORK. RETAINAGE FROM PAYMENTS: The CONTRACTOR may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the OWNER, by depositing securities of equivalent value with the OWNER in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the CONTRACTOR, shall be valued by the OWNER,whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts,standby letters of credit, or any other security mutually agreed to by the CONTRACTOR and the OWNER. PRE-BID VISIT TO WORK SITE: Prospective bidders are encouraged to attend a pre-bid walk through of the proposed work site which will be conducted jointly by the OWNER and ENGINEER at 9:00 AM on May 19, 1993. The object of the walk through is to acquaint bidders with the site conditions. PROJECT ADMINISTRATION: All communications relative to this WORK shall be directed to the ENGINEER prior to opening of Bid. Montgomery Watson 301 North Lake Avenue, Suite 600 Pasadena, California 91101 FAX: (818) 568-6102 Attention: David A. Mosher, P.E. Telephone: (818) 568-6153 or Attention: Constantino M. Senon, P.E. Telephone: (818) 568-6252 OWNER'S RIGHTS RESERVED: The OWNER reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards to the lowest responsive, responsible bidder as it may best serve the interest of the OWNER. OWNER: THE CITY OF HUNTINGTON BEACH By: Connie Brockway City Clerk of the City of Huntington Beach - END OF NOTICE INVITING BIDS - MW-030193 NOTICE INVITING BIDS 126.0121-PECK RESERVOIR PUMPING STATION RENOVATION PAGE 00030-2 SECTION 00030 - NOTICE INVITING BIDS CC- 6 96 RECEIPT OF BIDS: Sealed bids for rehabilitation of Peck Reservoir will be received at the office of the City Clerk, City of Huntington Beach, OWNER of the WORK located at Second Floor, 2000 Main Street, Huntington Beach, California 92648, until 2:00 PM, on April 13, 1993. DESCRIPTION OF WORK: The WORK includes rehabilitation of an existing 16 MG nominal capacity partially buried water storage reservoir, including overlaying the existing butyl lined asphaltic concrete floor and slope with new reinforced concrete slabs, replacing the existing corrugated metal roof with new aluminum roof and new bracings, installing new hypalon liner on walls, recoating the existing steel columns, installing new vents and access hatches, installing new siding and screens and appurtenant work, as shown and specified in the Contract Documents. SITE OF WORK: The site of the WORK is located at Springdale Street, north of Bolsa Avenue and south of the U.S. Government Railroad, in the City of Huntington Beach, California. COMPLETION OF WORK: The WORK must be completed within 240 successive calendar days after the commencement date stated in the Notice to Proceed. The date currently scheduled for Notice to Proceed is September 13, 1993, subject to confirmation by OWNER. OPENING OF BIDS: The Bids will be publicly opened and read at 2:30 PM on April 13, 1993, in the Council Chambers, unless otherwise posted. OBTAINING CONTRACT DOCUMENTS: The Contract Documents are entitled "Rehabilitation of Peck Reservoir." i The Contract Documents may be obtained at the office of the Director of Public works, 2000 Main Street, Huntington Beach, California 92648 upon payment of $50 (non-refundable) if picked up, or payment of $60 (non-refundable) if mailed, for each set of Contract Documents (including technical specifications and accompanying reduced scale drawings). The scale of the reduced t drawings is about one-half of the original scale. If full scale drawings are desired they may be purchased at $10 (non-refundable) if picked up or$20 (non-refundable) if mailed, for each set. i BID SECURITY: Each Bid shall be accompanied by a certified or cashier's check or Bid Bond r in the amount of 10 percent of the Total Bid Price payable to the City of Huntington Beach as a guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. A bid shall not be considered unless one of the forms of Bidder's security is enclosed with it. f BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 30 calendar days from the date of bid opening. CONTRACTOR'S LICENSE CLASSIFICATION: In accordance with the provisions of California Public Contract Code Section 3300, the OWNER has determined that the CONTRACTOR shall possess a valid Class "A" General Engineering Contractor license at the time that the Contract is awarded. Failure to possess the specified license shall render the Bid as non-responsive and shall act as a bar to award of the Contract to any bidder not possessing said license at the time z of award. -Connie- _�'roh�/ Cpp� 1 C `3-k JMM-013192 NOTICE INVITING BIDS 126.0120-REHABILITATION OF PECK RESERVOIR PAGE 00030-1 STATE OF CAUFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a PUBLIC NOTICE j bids will be publicly CONTRACTOR'S LI- principal clerk of the HUNTINGTON BEACH - PUBLIC NOTICE j opened and read at 2:30 CENSE CLASSIFICATION:] CITY OF PM on April 13, 1993, in In accordance with the pro-, the Council,Chambers, un- visions of Califomia Public f N D E P E N D E T, a newspaper �f genera! HUNTINGTON BEACH 'less otherwise posted. Contract Code Section SECTION 00030- 1, OBTAINING CONTRACT 3300, the OWNER has de circulation, pnrrted $ published 1n the Cry �f NOTICE ;IDOCUMENTS: The Con- termined that the CON INVITING BIDS tract Documents are en- ' TRACTOR shall possess a Huntington Beach, County of Orange, State of (titled "Rehabilitation of valid Class "A" Generali CG896 (:Peck Reservoir." Engineering Contract li- Caliifornia, and that attached Notice is a true and RECEIPT OF BIDS: The Contract Documents Sealed bids-for rehabilita I Conte at the time that the' lion of.Peck Reservoir will�imay be obtained at the of- Contract is awarded. Fail-' complete copy as was printed and published in be received at the office of,;hce of the Director of Pub-' fire to possess the srthe, the City Clerk,City of Hun-�'I,c works,2000 Main Street,, fled license shall render the, Hun- the Huntington Beach and Fountain Valley tington Beach, OWNER of Huntington Beach, Califor- Bid as non-responsive and, the WORK'located at Sec- nia 92648 upon payment of shall act as a bar to award! issues of said newspaper to wit the issue(s) of: and Floor, 2000 Main $50 (non-refundable) if of the Contract to any bid "Street, Huntington Beach,] picked up, or payment of', der not possessing said li California ntingt until ach,2:00j $60 (non-refundable) if; cerise at the time of award. PM,on April 13,199 i i mailed, for each set of By: City of Hun-( Contract Documents (in- DESCRIPTION OF WORK:, tington Beach, Connie eluding technical specifica- The WORK includes reha-, tions and accompanying Brockway,City Clerk bilitation of an existing 16 reduced scale drawings). Dated. March 22, MG nominal capacity par- The scale of the reduced 1993' 'tially buried water storage drawing is about one-half Published Huntington reservoir,including overlay- of the original scale. If full f Beach-Fountain Valley In-i ing,the.existing butyl lined scale drawings are desired) dependent March 25, April`, asphaltic concrete floor they may be purchased at; March 25 , 1993 and slope with new rein- $10 (non-refundable) if 1,8,1993 .forced concrete slabs, re- picked up or $20 (non-, L 034-191 placing the existing cor- refundable) if mailed, for, April 1 , 8 , 1993 -gated metal roof with each set. new aluminum roof and � BID SECURITY: Each bid. new biacings, installing shall be accompanied by a, new hypalon liner on walls, certified or cashier's check recoating the existing steel or,Bid Bond in the amount! columns, installing news of 10 percent of the Total, vents and access hatches, i Bid Price payable to the' installing new siding and. City of Huntington Beach' sc.reens and appurtenant; as a guarantee that the; Work, as shown and speck Bidder, if its Bid is ac-, Pied in the Contract Docu-j cepted, will promptly ex ments. ecute the Agreement.A bid SITE OF WORK: The site shall not be considered-un- of'the WORK is located at, less one of the 'forms of Springdale Street, north of Bidder's security is en- Ira Avenue and south of', closed,with it. that the 'the U:S: Government Rail-, BIDS TO REMAIN OPEN: ! declare, under penalty of perjury, road, in the City of.Hun- The Bidder shall guarantee tington Beach,California. the Total Bid Price for a pe- foregoing is true and correct. COMPLETION OF WORK: riod of 30 calendar days The WORK must be com- from We date of bid open- pleted within 240 succes- ing. sive calendar days after the - Executed on April 8 r 199.�. commencement date stated in the Notice to Pro- at Costa Mesa, Caflfornia. ceed. The date currently scheduled for Notice to .prbceed, is September 13, 1998, subject to confirma- tion by OWNER. OPENING OF BIDS: The ✓/ Signature •, PROOF OF PUBLICATION I- o Pti1) REQUES OR CITY COUNCIL _ .CTION p Date August 6. 1987 Submitted to: Honorable Mayor and City Council �G�� � Submitted by: Charles W. Thompson, City Ad min istratoro�' � GZ� CO � �e Prepared by: Paul E. Cook, Director of Public Works Subject: PECK RESERVOIR RENOVATION; CC-696 �� �� _ GITY Consistent with Council Policy? [x] Yes [ ] New Policy o xception �J Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Pursuant to Council authorization, Kennedy/Jenks/Chilton has completed the plans and specifications for the construction of the Peck Reservoir Renovation. RECOMMENDATION: Approve the plans and specifications and authorize staff and City Clerk to solicit for construction bids. ANALYSIS: On July 21, 1986, the City Council selected the firm of Kennedy/Jenks/Chilton to prepare plans and specifications for the construction of the Peck Reservoir Renovation. The final plans and specifications are complete and staff has reviewed and approved the documents; therefore, the Director of Public Works requests Council approval of the plans/specifications and authorization to solicit for construction bids. FUNDING SOURCE: Revenues are budgeted for this project in Water Division's Capital Outlay Account 921687. The consulting engineer's estimate is $340,000.00 ALTERNATIVE ACTION: Deny approval of plans/specifications and the solicitation of construction bids. ATTACHMENTS: Location Map PEC:EC:dw 1337g 09*40 No 5/85 ZONING INDEX MAP 9-5- 10-5-11 projeet I site o LEGEND CC 696 - 19-6-10-SECTION-TOWNSHIP-RANGE 16- -II IS- -11 i4- I DM 18 I7 15 OM 22 DISTRICT MAP 22 I � 1 �DM 5 19-5-II ` 5-II 21- -II 22-5-11 2 -S-II 24 DM 21 I OM 25 5 DM 27 30-5-11 29-5-II - 0-al 27- -II -5-II 25 -II 1 \ �DM 35 OM34 DM33 Dw 32 31 DM 30 -� C� %%\ I �� • �j �n32- I 33-5-II Al 35 5-II 36 11 DM DM 37 38 39 DM 40 i '�/�\ 0 5-6-11 - -I1 3-6-II 2 -II I-6-11 6-6-ro -ro DM4 DM3 2 D I 0 6ol DM� 1 9-6-11 ! -6-11 I -11 12-6-11 7-6-10 8-6-10 DM 10 ` DM 12 DM 13 DM 7 'DMa i A / CITY OF 14 DM20 OM19 HUNTINGTON BEACH - ORANGE COUNTY CALIFORNIA 24-6-1 194-10 . • w -IL Z. DM 29 22 wme r..cw e.r wr,.r oarraa swunw em a�ncr•wrMa r w 4 , s • CC # COST OF SPEC (non-refundable) OTHER p ! (i.e. AHFP, F.A.U. etc. ) PROJECT: r AC4 LOCATION: 5.- egA y, ACCOUNT # : Ck BIDDING INFORMATION: 1. OUT TO BID: AU cle-7 2. BID OPENING: St-Ya< f7n 3. LOW BID TO COUNCIL: 1�e'7 ARCHITECT: NAME: ADDRESS: ll� 22O REP. : _IG CL��c�"ZAC'-[`� PHONE # : PUBLIC WORKS PROJECT COORDINATOR: ESTIMATED COST OF PROJECT: -.I K Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California, Number A-6214, dated 29 September. 1961, and A-24831. dated 11 June. 1961 STATE OF CALIFORNIA County of Orange Pub1K Nance A0,6MI .np caVe.ed I 'O""Tl Tk'E: by 1n1s aroaw.t .s set n 7 point -NQ�TI�E` .nn 10 pace column.loth INVITING'BIDS ` 'CC886 Notice is he bt3y given that sealed bids,will be received_ I am a Citizen of the United States and a resident of by the, City.of Huntington Beach at the office of the" the Count aforesaid; I am over the age of eighteen Main 'St eCity Hall,gton Y g g ; Main Street, Huntington ears, and not a art to or interested in the below houBearo ' :06p.m. until"the Y party � hour of 2:00 p.m.on Sept:9, entitled matter. I am a principal clerk of the Orange be op atwhichtimetheywill P P g be opened publicly and read Coast DAILY PILOT, with which is combined the aloud in the Council Chambers for the renovation NEWS-PRESS, a newspaper of general circulation, of Pectingto Be in the City g of Huntington Beach. , A `set. of plans, specifi printed and published in the City of Costa Mesa, cations;and other contract, document's'may be obtained County of Orange, State of California, and that a on August 19, 1987, at the Department of Public.. Notice of Inviting Bids works, 2000 Main'Street; , Huntington Beach, Cali- fornia,,upon receipt of a non-refundable fee of $20.00.. Each bid shall be made on of which copy attached hereto is a true and complete the 'Proposal Form and in the manner provided in the copy, was printed and published in the Costa Mesa, contract documents, and , shall-be accompanied by,a Newport Beach, Huntington Beach, Fountain Valley, certilied or cashier's check, or a-bid bond for not less, Irvine, the South Coast communities and Laguna than 10%of the amount of the bid;"made payable.to the One time City-,of Huntington Beach. Beach issues of said newspaper for The:Contractor shall, in.the consecutive weeks to wit the issue(s) of performance the work and improvemea nts,conform to the Labor Code 'of the State of California and other lags of ,the 'State of Cali- fornia applicable thereto, Aug . 2 with the exception only.of g 198 7 such variations that may be required under the special statutes pursuant to which proceeding's hereunder are 198 taken and which have not been superseded by, the provisions of the Labor Code. Preference to,labor 198 shall"be given only in the manner provided by law. No.bid shall be considered unless it is made on a form 198 furnished by the City` of Huntington Beach and is made in accordance with the provisions of the.proposal 198 requirements. Each bidder must be ` licensed, and also pre- quaiified:as required by law. The City Council of the I declare, under penalty of perjury, that the serves the rightoto reject any foregoing is true and correct. or all bids, g 9 Byorti'er of the City Coun- I cil bf'the City of Huntington Beach,.a,California the 17th flay of August;1987. " Aug . 2 7 98 7 Alh e;,Wentworth, city,Executed on Clerk okthe,.Clty of.Hunt- at Costa esa, California. 'ngI Be°-n 2000 Main Street (7141: 536-5431 �/1 l Published Orange Coast J Daily Pilot August 20,.27, . Signature 198`— —7�_ -�•Th044 I PROOF OF PUGLICATION < 4 Ji CITY OF HUNTINGTON BEACH White City Attdrney REaUEST FOR LEGAL SERVICES Canary CCity ity Clark Admini:tutor Goldenrod Departmental HUNTING70N BEACH Date Request Made By Department January. 24, 1989 Bon Nobl*/EG Public Works Engineering INSTRUCIIWNS: File request in the City Attorney's Office as soon as possible.Print or type facts necessary for City Attorney.Out- line briefly reasons for the request.Attach all information and exhibits pertinent to the subject. 3. f Type of Legal Service Requested: [ l Ordinance (� Insurance [ ] Other [ ] Resolution [ ] Bonds [ ] Contract/Agreement I 1 Opinion All exhibits must be attached,or this request will be returned to you. Exhibits Attached Please approve "as to form" the attached insurance for James M. Montgomery: Ref: CC-696, Peck Reservoir Renovation cc: Legal, CC-696 r°v -I If for Council Action, If not for Council salon,ds*sd completion date 7,�Awnd.dsawlim —`� 2 • 1989 Council meeting lah„��, Z9,QQ 1/25/89 - , b�' PID 12/70 %L-7 NOTICE INVITING BIDS Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on tkjp- . q 198L at which time they will be opened publicly and read aid in the Council Chambers for the �j�a.TiD).J �F PEA I� x-"7Ls.101(� in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on A43/�, 101 198t-;at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of �. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the of Asy(, 1-7 1987. Alicia Wentworth City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 0328G i i J i i City OF 141UNTIyYTON BEACH,CAL IF. 67 `�� I4J'N�'d:�3 t�p13K11NC1H 1 A1t3 03M333t SECTION 00030- NOTICE INVITING BIDS RECEIPT OF BIDS: Sealed bids for rehabilitation of Peck Reservoir will be received at the office of the City Clerk, City of Huntington Beach,OWNER of the WORK located at Second Floor, 2000 Main Street, Huntington Beach, Califonnia 92648, until 2:00 PM, on April 13, 1993. DESCRIPTION OF WORK: The WORK includes rehabilitation of an existing 16 MG nominal capacity partially buried water storage reservoir, including overlaying the existing butyl lined asphaltic concrete floor and slope with new reinforced concrete slabs, replacing the existing corrugated metal roof with new aluminum roof and new bracings, installing new hypalon liner on walls, recoating the existing steel columns, installing new vents and access hatches, installing new siding and screens and appurtenant work, as shown and specified in the Contract Documents. SITE OF WORK: The site of the WORK is located at Springdale Street, north of Bolsa Avenue and south of the U.S. Govemment Railroad, in the City of Huntington Beach, Califomia. COMPLETION OF WORK The WORK must be completed within 240 successive calendar days after the commencement date stated in the Notice to Proceed. The date currently scheduled for Notice to Proceed is September 13, 1993, subject to confirmation by OWNER. OPENING OF BIDS: The Bids will be publicly opened and read at 2:30 PM on April 13, 1993, In the Council Chambers, unless otherwise posted. OBTAINING CONTRACT DOCUMENTS: The Contract Documents are entitled "Rehabilitation of Peck Reservoir." The Contract Documents may be obtained at the office of the Director of Public works, 2000 Main Street, Huntington Beach, Califomia 92648 upon payment of$50 (non-refundable) if picked up, or payment of $60 (non-refundable) if mailed, for each set of Contract Documents (including technical specifications and accompanying reduced scale drawings). The scale of the reduced drawings is about one-half of the original scale. If full scale drawings are desired they may be purchased at$10 (non-refundable) if picked up or$20 (non-refundable) if mailed, for each set. BID SECURITY. Each Bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the Total Bid Price payable to the City of Huntington Beach as a guarantee that the Bidder, if its Bid is accepted,will promptly execute the Agreement. A bid shall not be considered unless one of the forms of Bidder's security is enclosed with it. BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 30 calendar days from the date of bid opening. CONTRACTOR'S LICENSE CLASSIFICATION: In accordance with the provisions of California Public Contract Code Section 3300, the OWNER has determined that the CONTRACTOR shall possess a valid Class "A" General Engineering Contractor license at the time that the Contract is awarded. Failure to possess the specified license shall render the Bid as non-responsive and shall act as a bar to award of the Contract to any bidder not possessing said license at the time of award. onfu JMM-013192 NOTICE INVITING BIDS 126.0120-REHABILITATION OF PECK RESERVOIR PAGE 00030-1 DATE: Tuesday, April 13, 1993 2:30 p.m. ENGINEER'S ESTIMATE: $ 3.0000,000 PROJECT ENGINEER: Ron Upton JOB TITLE AND CC# Peck Reservoir Renovation; CC-696 Bidder's Name Total Bid Amount 1. Advanco Construction .2 9 2. Allied Steel 3. S. J. Amorosa Construction 4. Annin -Johnson S. Associated Industries e 6. B F I Construction 7. Barber-Webb Company 8. Clark, Contracting 9. Commercial Contractors e e 10. Colich and Sons 11. G. B. Cooke, Incorporated 12. Excel Paving 13. Fargo Constructionow 14. Fontanna Steel 15. Franklin Reinforcing Steel I 16. G S M Sheetmetal 17. Gat2yaz Contractors p 6 18. Hayward Construction .30.3 19. HenryConstruction 20. International 21. J W ContractipZ 22. Kiewit Pacific Company 23. R R. Leonard Company 24. G A MacDonald 7410 4700 ��-- 25. MERCO Constructing Engineers .2 963 p e D 26. Mitchell-Pacific 27. Mu h 28. N L E Inco orated 29. C .W .Neal 30. Pascal and Ludwig Engineers 31. Pacific-Mechanical 32. Pixley Construction 33. Palco Linings 34. D W Powell PECK RESERVOIR; CC-696 April 13, 1993 2:30 p.m. 'age 2. 3S. REBAR Engineering 36. C W Roen Construction 37. Saunders and McMillin, Incorporated 38. Serrot Corporation 39. Southern California Underground Contracto s 40. Ward-Henshaw Construction 41. Western Jalco RECEIVED CITY CLERK MY 3F HUNTINGTON ,=ACH.CALIF. APR 13 2 oa P '93 ES. 94 To Z £1 1 fl'3J�i3y3� CC # CC-696 COST OF SPECS $100.00 (non-refundable) $120.00 mailed OTHER (i.e. AHFP, F.A.U. etc.) PROJECT: Peck Reservoir Booster Station LOCATION: 14561 Springdale Huntington Beach CA ACCOUNT # • R-EW-849-00-PC-696 BIDDING INFORMATION: 1. OUT TO BID: May 10, 1993 2. BID OPENING: June 1 , 1993; in by 2:00 p.m. , open by 2:30 p.m. 3. LOW BID TO COUNCIL: June 26, 1993 ARCHITECT: NAME: Montgomery Watson ADDRESS: 301 North Lake Avenue Pasadena CA 91101 REP. : Mr. David Mosher, P.E. PHONE # : 818 568-6153 PUBLIC WORKS PROJECT COORDINATOR: Mr. Howard Johnson ESTIMATED COST OF PROJECT: $2.5 - 3.5 million CITY OF HU , TINGTON BEACH 2000 MAIN STREET P. O. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 June 10, 1993 To: All Contractors/Plan Holders Subject: CC-696 PECK RESERVOIR BOOSTER STATION THIS LETTER IS WRITTEN TO INFORM YOU THAT THE CURRENT "NOTICE INVITING BIDS' IS CANCELED. It is expected that a new notice inviting bids will be forthcoming within the next thirty (30) days. If you have any questions, please contact Howard Johnson at (714) 536-5503 . Very truly yours, nna eat1 s Manager JRR:bb 4` re� SECTION 00030 - NOTICE INVITING BIDS 4/3, 61io, 6 11 RECEIPT OF BIDS: Sealed bids for Peck Reservoir Pumping Station Renovation will be received at the office of the City Clerk, City of Huntington Beach,OWNER of the WORK located at Second Floor, 2000 Main Street, Huntington Beach, California 92648 until 2:00 PM, on June 22, 1993. DESCRIPTION OF WORK: The WORK includes: 1. Demolition of the existing block wall, pumping station building, removal of existing engines and appurtenances;.all as shown and specified. 2. Construction of the new pumping station Including a new building and accessories, LPG storage tanks, piping system and accessories, block wail, a restroom, engine exhaust pipes, yard piping, yard paving, mill piping, valves, grating, Instrumentation, electrical equipment, lighting,controls,fanslventilators, conduits,protective coatings, and appurtenances, complete and operable, all as shown and specified. Reinstallation of Engine Nos. 1 and 3 and their accessories as shown and speclfled. 3. Installation of OWNER furnished mechanical equipment, complete and operable, all as shown and specified. SITE OF WORK: The site of the WORK is located at Springdale Street, North of Bolsa Avenue and South of the U.S. Government Railroad, In the City of Huntington Beach, California. COMPLETION OF WORK: The WORK must be completed within 240 successive days after the commencement date stated in the Notice to Proceed. The date currently scheduled for Notice to Proceed is September 13, 1993, subject to confirmation by OWNER. OPENING OF BIDS: The Bids will be publicly opened and read at 2:00 PM on June 22, 1993, In the Council Chambers, unless otherwise posted. OBTAINING CONTRACT DOCUMENTS: The Contract Documents are entitled "Peck Reservoir Pumping Station Renovation." The Contract Documents may be obtained at the office of the Director of Public works,2000 Main Street, Huntington Beach, California 92648 upon payment of$100 (non-refundable) If picked up, or payment of $120 (non-refundable) if mailed, for each set of Contract Documents (Including technical specifications and accompanying reduced scale drawings). The scale of the reduced drawings is about one-half of the original scale. If full scale drawings are desired they may be purchased at $40 (non-refundable) if picked up or $50 (non-refundable) if mailed, for each set. BID SECURITY: Each Bid shall be accompanied by a certified or cashier's check or Bid Bond In the amount of 10 percent of the Total Bid Price payable to the City of Huntington Beach as a guarantee that the Bidder, if its Bid is accepted,will promptly execute the Agreement. A bid shall not be considered unless one of the forms of Bidder's security is enclosed with it. BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 30 calendar days from the date of bid opening. CONTRACTOR'S LICENSE CLASSIFICATION: In accordance with the provisions of California Public Contract Code Section 3300, the OWNER has determined that the CONTRACTOR shall possess a valid Class "A" General Engineering Contractor license at the time that the Contract is awarded. Failure to possess the specified license shall render the Bid as non-responsive and shall act as a bar to award of the Contract to any bidder not possessing said license at the time of award. MW-030193 NOTICE INVITING BIDS 126.0121-PECK RESERVOIR PUMPING STATION RENOVATION PAGE 00030-1 CALIFORNIA WAGE RATE REQUIREMENTS: In accordance with the provisions of Califomia �• Labor Code Sections 1770, 1773, 1773.1, 1773.6 and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the WORK is to be performed. A copy of said wage rates is on file at the office of the OWNER. It shall be mandatory upon the CONTRACTOR to whom the WORK is awarded and upon any subcontractor under the CONTRACTOR to pay not less than said specified rates to all workmen employed by them in the execution of the WORK. RETAINAGE FROM PAYMENTS: The CONTRACTOR may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the OWNER, by depositing securities of equivalent value with the OWNER in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the CONTRACTOR, shall be valued by the OWNER,whose decision on valuation of the securities shall be final, Securities eligible for investment under this provision shall be limited to those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit,interest-bearing demand deposit accounts,standby letters of credit, or any other security mutually agreed to by the CONTRACTOR and the OWNER. PRE-BID VISIT TO WORK SITE: Prospective bidders are encouraged to attend a pre-bid walk through of the proposed work site which will be conducted jointly by the OWNER and ENGINEER at 9:00 AM on May 19, 1993. The object of the walk through is to acquaint bidders with the site conditions. PROJECT ADMINISTRATION: All communications relative to this WORK shall be directed to the ENGINEER prior to opening of Bid. Montgomery Watson 301 North Lake Avenue, Suite 600 Pasadena, California 91101 FAX: (818) 568-6102 Attention: David A. Mosher, P.E. Telephone: (818) 568-6153 or Attention: Constantino M. Senon, P.E. Telephone: (818) 568-6252 OWNER'S RIGHTS RESERVED: The OWNER reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards to the lowest responsive, responsible bidder as it may best serve the interest of the OWNER. OWNER: THE CITY OF HUNTINGTON BEACH By: Connie Brockway City Clerk of the City of Huntington Beach - END OF NOTICE INVITING BIDS - MW-030193 NOTICE INVITING BIDS 126.0121-PECK RESERVOIR PUMPING STATION RENOVATION PAGE 00030-2 r REQUEST FOR CITY COUNCIL ACTION Date March 15, 1993 Submitted to: Honorable Mayor and City Council �p1ti Submitted by: Michael T. Uberuaga, City Administrator 3. 4 pL't Gv l��i Prepared by: Louis F. Sandoval, Director of Public Works %�— Y .01 5 Y ' Subject: PECK RESERVOIR RENOVATION; CC-696 �jti cv�g Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:aWd STATEMENT OF ISSUE: Plans and Specifications have been completed for the renovation of the City's Peck Reservoir water storage facility. City Council authorization is now necessary to solicit bids. RECOMMENDED ACTION: 1. Approve the plans and specifications and authorize the Director of Public Works to solicit bids for the project. 2. Approve the attached sample contract subject to award of contract by Council to the lowest responsible bidder. ANALYSIS: On February 6, 1989, Council approved the selection of James M. Montgomery Consulting Engineers (JMM)to perform a seismic analysis and to provide preliminary design services necessary for renovating the Peck Reservoir water storage facility. This renovation includes the following: o Replacing deteriorated roof panels, decayed structural members, and supporting roof hardware. o Replacing the reservoir lining to reduce leakage. o Adding safety ladders and required accessways. o Replacing one pump and adding one new pump. o Reinforcing the reservoir structure and rebuilding pump station building to meet the requirements of the seismic regulations of the Uniform Building Code. o Adding a liquefied petroleum gas fuel system for secondary power. On June 26, 1989, Council approved planned Amendment No. 1 to the contract. This authorized JMM to 1 Page two PECK RESERVOIR RENOVATION; CC-696 March 15, 1993 prepare the construction contract drawings and specifications for the renovation, using the design criteria established during the preliminary design phase. On September 17, 1990,Council authorized Amendment No.2 to Consultant Contractwith JMM to provide pump station mechanical modification design services and to delete the construction support services from Amendment No. 1. JMM has now completed the Plans and Specifications for the renovations and pump station mechanical modifications. The project is now ready to call for bids. The City Council is requested to approve the plans and specifications, authorize the Director of Public Works to solicit bids, and approve the attached sample contract to award of contract by Council to the lowest responsible bidder. FUNDING SOURCE: The project is estimated to cost$3,000,000. Funds are budgeted for this project in Water Division Capital Improvement Account E-EW-PW-849-6-39-00. ALTERNATIVE ACTION: 1. Deny request and direct staff on how to proceed. This option would delay the project. 2. Deny request and stop all work currently in progress. This option would delay the project indefinitely, and may jeopardize the surrounding area and our water supply system should a seismic event of sufficient magnitude occur. ATTACHMENT: 1. Location Map. 2. Sample Construction Contract. or a PROJECT LOCATION PECK RESERVOIR WATER STORAGE FA7mc CC-696 r—SA Ave. ' F AVE. EDNGER AVE �,r------ 3 ----- -- U NEIL9� AVE. z g S N W WARNER AVE. __J SLATER AVE. 405 \ TN.BERT AVE. A ELUS AVE. m GARfl AVE g Ci YORKT WN AVE. ADAMS AVE. 7� ♦M N S AVE 'LP Y Io ATLAW k AW— x u 2/2 T VE NUIILTON AVF— yNy BANNNG A LOCATION MAP a � rowCITY OF HUNTINGTON BEACH ORANGE COUNTY CAUFORNIA