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HomeMy WebLinkAboutItem No. 22 - Resolution Approving a Construction Contract for Storm Drain Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 6, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Resolution Approving a Construction Contract for Storm Drain Upgrades Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2020-84: 1. Approving total project budgets in the amount of $1,060,000 for Stor m Drain Repairs at Various Locations (CIP Project SD04 -24 and CIP Project SD19-003) to include a construction contract in the amount $849,730, project contingencies in the amount of $170,270 and engineering and inspection budgets in the amount of $40,000 (collectively; and 2. Approving the award of a Construction Contract with TRYCO General Engineering of Rimforest, California in the amount of $849,730; and 3. Authorizing the Director of Finance to amend the FY 2019/20 adopted budget to allocate $574,380 in Storm Drain Fund No. 248 to the Project; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Background The Public Works Department is responsible for the repair and maintenance of th e City’s storm drain system. Due to the age of the system, and years of deferred maintenance, several areas of the system have been identified where repairs and improvements to the infrastructure are necessary to restore effective storm water conveyance. The Mayor and City Council previously approved two capital improvement plan (CIP) projects to begin addressing this work. These projects focused on improving the condition of storm water infrastructure at intersections that experience flooding during storm events. CIP Project No. SD19-003 (Storm Drain Annual Upgrades) was approved with an initial budget amount of $500,000 to address storm drain system improvements at 12 intersection locations throughout the City. CIP SD04 -24 (Waterman and Baseline) 6685 Page 2 was approved with an initial budget amount of $100,000 to address the storm drain infrastructure repair needs at the intersection of N. Waterman Avenue and E. Baseline Street. Both projects were funded through Storm Drain Fund No. 248. Discussion Staff advertised construction bid Project 13351 (to provide storm drain repairs at various locations) on March 2, 2020, and March 20, 2020 in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s websites, and the San Bernardino Area Chamber of Commerce. The single bid solicitation included both of the previously approved CIP projects for a total of 13 locations as follows: CIP SD04-24 Intersection of N. Waterman Avenue and E. Baseline Street CIP SD19-003 Sierra Way between 2nd and 3rd Streets Lugo Avenue between 2nd and 3rd Streets Intersection of W. Marshall Boulevard and North “E” Street Intersection of North “G” Street and W. Highland Avenue Intersection of North “G” Street and W. 7th Street Intersection of E. Baseline Street and Bobbitt Drive (860 Baseline Street) Intersection of Pacific Street and Garden Drive Pacific Street between Perris Hill Park Road and Garden Drive Intersection of N. Rancho Avenue and W. Mill Street Intersection of Arden Avenue and E. Lynwood Drive Intersection of E. Jane Street and Rogers Lane Intersection of E. Citrus Street and Palm Ave Sealed bids were received and opened on March 26, 2020. The City received the following four (4) bids: Bidder City Base Bid TRYCO General Engineering Rimforest $ 849,730 Mike Prlich & Sons, Inc. Baldwin Park $ 1,619,283 Wright Construction Engineering Corp San Marcos $ 1,634,960 Kirtley Construction, Inc. dba TK Construction San Bernardino $ 1,966,915 The bid solicitation resulted in a base bid amount for the construction work that is higher in price than staff had originally expected. The difference can be attributed to increases in material costs that have occurred since the time staff submitted project estimates for budgeting purposes. At this time, staff has reviewed all bid packages and confirmed that TRYCO General Engineering of Rimforest, California, is the lowest responsible and responsive bidder, with a total bid amount of $849,730. 6685 Page 3 In addition to construction costs, staff anticipates the need for a construction contingency to provide for any unforeseen work that is related to the project. The contingency amount of $170,270 is higher than would normally be requested due to the multiple project locations. An additional $40,000 is also required to support staff time for engineering inspections of the project. The estimated full project cost is at $1,060,000, which includes the lowest responsive construction bid, project contingencies, and engineering inspections. The breakdown of the total project costs are as follows: Amount Bid $ 849,730 Construction Contingency $ 170,270 Engineering and Inspections $ 40,000 Total Estimated Project Cost $ 1,060,000 The total cost for these projects exceed the remaining project budgets available in each project. While initial budgets were established for both CIP SD04-24 and CIP SD19-003, a portion of those budgets have been expended to prepare plans and specs for bidding purposes. Additional funding in the amount of $574,380 is needed from Storm Drain Fund (248) to fully fund the projects. The table below shows th e current budget remaining and additional funding allocation required to fully fund each of the projects . Storm Drain Fund 248 Project Funds Remaining Project Funds Needed Total Project Cost CIP 19-003 - Storm Drain Annual Upgrades $ 390,000 $ 535,000 $ 925,000 CIP 04-24 Waterman and Baseline Box Culvert Repair $ 95,620 $ 39,380 $ 135,000 Totals $ 488,947 $ 574,380 $ 1,060,000 Staff is recommending that the Mayor and City Council award a bid to TRYCO General Engineering of Rimforest, California to perform storm drain system repairs, and authorize the use of Storm Drain Fund No. 248 fund balance to support the full cost of the projects. If approved, work is anticipated to begin in June , 2020, and be completed by October 2020. 2020-2025 Strategic Key Targets and Goals This project is consistent with Key Target No. 1e: Create and asset management plan. Approval of these projects will allow staff to address issues caused by deferred maintenance in the City’s storm drain system, and will improve th e system’s long term functionality at the project locations. 6685 Page 4 Fiscal Impact There is no General Fund impact associated with this item . Additional project funding is available in amount of $574,380 through Storm Drain Fund No. 248 fund balance for budget adjustments as follows: CIP 04-24 Waterman and Baseline 248-160-8671-5504 $ 39,380 CIP 19-003 Storm Drain Annual Repairs 248-160-8672-5504 $ 535,000 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2020-84: 1. Approving total project budgets in the amount of $1,060,000 for Storm Drain Repairs at Various Locations (CIP Project SD04 -24 and CIP Project SD19-003) to include a construction contract in the amount $849,730, project contingencies in the amount of $170,270 and engineering and inspection budgets in the amount of $40,000 (collectively; and 2. Approving the award of a Construction Contract with TRYCO General Engineering of Rimforest, California in the amount of $849,730; and 3. Authorizing the Director of Finance to amend the FY 2019/20 adopted budget to allocate an additional $574,380 in Storm Drain Fund No. 248 to the Project; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution 2020-84; Exhibit “A” - Agreement Attachment 2 Bid Tabulation for Storm Drain Repair Attachment 3 Lowest Bid Form for Storm Drain Repair Attachment 4 Location Map Ward: 1, 2, 3, 4, 7 Synopsis of Previous Council Actions: June 19, 2019 The Mayor and City Council adopted Resolution 2019-168 approving Capital Improvement Program FY 2019/20 , which included both CIP SD04-24 and SD19-003. Resolution No. 2020-84 RESOLUTION NO. 2020-84 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING TOTAL PROJECT BUDGETS IN THE AMOUNT OF $1,060,000 FOR STORM DRAIN REPAIRS AT VARIOUS LOCATIONS (CIP PROJECT SD04-24 AND CIP PROJECT SD19-003) TO INCLUDE A CONSTRUCTION CONTRACT IN THE AMOUNT $849,730, PROJECT CONTINGENCIES IN THE AMOUNT OF $170,270 AND ENGINEERING AND INSPECTION BUDGETS IN THE AMOUNT OF $40,000 COLLECTIVELY; APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH TRYCO GENERAL ENGINEERING OF LAKE ARROWHEAD, CALIFORNIA IN THE AMOUNT OF $849,730; AUTHORIZING THE DIRECTOR OF FINANCE TO AMEND THE FY 2019/20 ADOPTED BUDGET TO ALLOCATE $574,380 IN STORM DRAIN FUND NO. 248 TO THE PROJECT; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT. WHEREAS, the City of San Bernardino Public Works Department is responsible for the repair and maintenance of the citywide storm drain system; and WHEREAS, several locations have been identified where repairs and improvements to storm drain the infrastructure are necessary to restore effective storm water conveyance; and WHEREAS, the Mayor and City Council previously approved Resolution No. 2019-168 adopting the City’s Annual Operating Budget for Fiscal Year 2019/20 which included CIP Project SD04-24 for Waterman and Baseline, and SD19-003 for Storm Drain Annual Upgrades to improve the condition of storm water infrastructure at various locations; and WHEREAS, staff has administered a competitive bid process to secure a construction contract to perform the Storm Drain Repairs at Various Locations (Project 13351); and WHEREAS, of the four bids received by the City, TRYCO General Engineering, 1025 Mecham Drive, Lake Arrowhead, California, 92352 has been determined to be the lowest responsive, responsible bidder; and WHEREAS, the City now wishes to enter into a construction agreement with TRYCO General Engineering to provide storm drain repairs at various locations Citywide; and WHEREAS, the total project costs of $1,060,000 are well above the Storm Drain funding allocated for the project. Resolution No. 2020-84 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is authorized and directed to execute a construction agreement following the City’s standard terms approved by the City Attorney with TRYCO General Engineering in the amount of $849,730 with a contingency in the amount of $170,270 for the Storm Drain Repair at Various Locations and attached hereto as Exhibit “A”. SECTION 3. The City Manager or designee is hereby authorized to execute all documents in support of the Storm Drain Repair at Various Locations Project 13351 on behalf of the City. SECTION 4. The Director of Finance is authorized to amend the Fiscal Year 2019-2020 CIP SD04-24 and CIP SC19-003 to fully fund the respective projects through Storm Drain Fund No. 248. SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________, 2020. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, Acting City Clerk Resolution No. 2020-84 Approved as to form: __________________________________ Sonia Carvalho, City Attorney Resolution No. 2020-84 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. ______________________________ Genoveva Rocha, CMC, Acting City Clerk A G R E EM E N T CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this _____ day of _______________, 20___, between the City of San Bernardino (owner and hereinafter "CITY"), and TRYCO General Engineering _(hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the STORM DRAIN REPAIR AT VARIOUS LOCATIONS Project No. 13351 in strict conformity with Plans and Special Provisions No. 13351 , and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised “Notice Inviting Sealed Bids” for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 1. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them. 2. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this A-1 AGREEMENT: STORM DRAIN REPAIR AT VARIOUS LOCATIONS Project No. 13351 contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of This contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate. 4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. CONTRACTOR CITY OF SAN BERNARDINO NAME OF FIRM: TRYCO General Engineering. . BY: _______________ TERI LEDOUX, City Manager BY: _______________________________ TITLE: ATTEST: MAILING ADDRESS: PO Box 391. _______________________________ Genoveva Rocha, CMC, Acting City Clerk _Rimforest, California, 92378____________ PHONE NO.: (909) 337-3336_________ APPROVED AS TO FORM: ATTEST: _______________________________ Sonia Carvalho, City Attorney ____________________________________ Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. A-2