HomeMy WebLinkAboutReject All Bids - 1993-07-06 Y.
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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
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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
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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
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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�_
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I
PROOF OF PUGLICATION
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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
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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
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City OF
141UNTIyYTON BEACH,CAL IF.
67
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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`
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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
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REQUEST FOR CITY COUNCIL ACTION
Date March 15, 1993
Submitted to: Honorable Mayor and City Council
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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
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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
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