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HomeMy WebLinkAboutItem No. 02 - Award of a Construction Agreement for the Palm Medians Landscape Improvement Project Consent Calendar City of San Bernardino Request for Council Action Date: June 17, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Resolution Awarding a Construction Agreement for Palm Median Landscape Improvements Recommendation Adopt Resolution No. 2020-116 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing expenditures in a total amount of $735,000 for the construction of the Agreement in the amount of $668,000 and contingencies in the amount of $67,000; and 2. Approving the award of a Construction Agreement with KASA Construction, Inc. of Chino, California, in the amount of $668,000 to perform the median improvements; and 3. Amending the FY 2019/20 CIP SS20-011 - Citywide Medians Rehabilitation Project to include Palm Avenue Median as project location; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Background The San Bernardino Municipal Water Department (SBMWD), East Valley Water District (EVWD), and the San Bernardino Valley Municipal Water District (SBVMWD) entered into a Settlement Agreement to resolve all disputes related to East Valley Water District Sterling Natural Resources Center and the SBMWD Clean Water Factory. Through settlement negotiations, the parties recognized that both recycled water projects benefit the region and are critical for water supply sustainability in the Bunker Hill Groundwater Basin. Pursuant to the Settlement Agreement, SBMWD, SBVMWD and EVWD each agreed to contribute $500,000, for a total of $1,500,000, for the installation of water efficient landscape improvements in areas of the City, at locations determined by the City of San Bernardino and SBMWD. A conservation plan was developed to identify areas within Page 1 6728 the City were in need of water efficient landscape and that would provide the most benefit from conservation and aesthetic perspectives. On June 19, 2019, the Mayor and City Council approved Resolution No. 2019-168 included Capital Improvement Program (CIP) project titled Citywide Median Rehabilitation to install landscape median improvements in the City. Project locations identified for use of the funding included the Feldheym Library, Broadmoor Boulevard medians, Muscupiabe Drive medians and Mountain View Avenue medians. As of the date of this report, projects have been completed at both the Feldheym Library and Broadmoor medians. Discussion Following the completion of the Feldheym Library and Broadmoor medians, settlement funding in the amount of approximately $996,362 remained available for improvements at the remaining project locations. It was not anticipated that both Muscupiabe and Mountain View Avenue medians would be able to be improved within the remaining funding capacity. In project planning discussions between Public Works and SVMWD th staff, the median on Palm Drive between 40 and Parkdale was suggested to be added as a possible location for installation of drought tolerant landscape. The Palm Drive location offered an opportunity to install hardscape and drought tolerant planting improvements in the median while retaining the well-established trees in the project area. On November 19, 2019, the City conducted a town hall meeting to collect community input on the landscape design concepts for both Muscupiabe and Palm Drive medians. In reference to the Muscupiabe median plans, residents in attendance expressed concerns about the lack of large grass areas in the plans, as well as, made requests for additional items to be added to the project including installation of a monument sign. In contrast, when the Palm Median project design was presented, it was well received by the residents, and no concerns were expressed or additional changes requested to the Palm Drive median proposed plans. Following the town hall meeting, staff requested engineering estimates for the Muscupiabe and Palm Drive median projects. The estimates received indicated that the Muscupiabe median project, revised to include community requests, would likely exceed the remaining project funding. The estimates also indicated that construction of the Palm Drive median would likely fall within the available funding amounts. Based on the engineering estimate information, staff proceeded to administer a competitive bid process. The project was advertised as Palm Drive Median as a base bid with Muscupiabe Drive median as an alternate bid item. Project 13389, to provide landscape medians along Palm Drive and Muscupiabe Drive, was advertised for public bidding on April 8, 2020, and April 15, 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 Page 2 6728 Construction Data, Bid America Online, Construction Bid Source, websites, and the San Bernardino Area Chamber of Commerce. Sealed bids were received and opened on May 7, 2020. The City received six (6) bids as follows: Bidder City Base Bid - Alternate Total Bid Palm Drive Bid- Muscupiabe KASA Construction, Inc. Chino $ 668,000 $834,000 $1,502,000 Marina Landscape, Inc. Orange $ 771,200 $741,200 $1,512,400 Conserve Landcare Thousand $ 853,700 $764,700 $1,618,400 Palms Brightview Landscape San Diego $ 896,828 $922,306 $1,819,134 Development, Inc. Environmental Woodland $ 924,099 $838,365 $1,762,464 Construction, Inc. Hills ARAMEXX Group, Inc. Riverside $1,014,200 $659,200 $1,673,400 Determination of the lowest responsible bidder was based on the total base bid (Palm Drive median) only. The alternate bid item was not considered in determining the lowest responsible bidder. Staff has reviewed all bid packages and confirmed that KASA Construction, Inc. of Chino, California, is the lowest responsible and responsive bidder, with a base bid amount of $668,000. The alternate bid item is not being recommended at this time due to lack of project funding. 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. At this time, the estimated full project cost is at $735,000, which includes the lowest responsive construction bid and project contingencies. The breakdown of the total project costs are as follows: Cost Items Amount Bid $ 668,000 Construction Contingency $ 67,000 Estimated Total Project Cost $ 735,000 If awarded by the Mayor and City Council, construction work to provide landscape medians is anticipated to begin in July 2020 and is anticipated to be completed by October 2020. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1e: Create an asset management plan Page 3 6728 and as improving the medians to include hardscape and water tolerant plans will improve this City median and reduce maintenance and utility costs required to manage the asset. Fiscal Impact There is no General Fund impact. Funding for this project is held and administered by the SBMWD. $996,362 is available for implementation of this project. Progress Payments will be reviewed by Public Works Engineering Division and forwarded to SBWMD for payment processing. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-116: 1. Authorizing expenditures in a total amount of $735,000 for the construction of the Agreement in the amount of $668,000 and contingencies in the amount of $67,000; and 2. Approving the award of a Construction Agreement with KASA Construction, Inc. of Chino, California, in the amount of $668,000 to perform the median improvements; and 3. Amending the FY 2019/20 CIP SS20-011 - Citywide Medians Rehabilitation Project to include Palm Avenue Median as project location; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution No. 2020-- Agreement Attachment 2 Bid Tabulation for Citywide Median Rehabilitation Attachment 3 Low Bid Form for Citywide Median Rehabilitation Attachment 4 Location Map Wards: 4, 7 Synopsis of Previous Council Actions: June 19, 2019 Resolution No. 2019-168 was adopted approving Capital Improvement Program FY 2019/2020 Page 4 RESOLUTION NO. 2020-116 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING EXPENDITURES IN A TOTAL AMOUNT OF $735,000 FOR THE CONSTRUCTION OF THE PALM TO INCLUDE A CONSTRUCTION AGREEMENT IN THE AMOUNT OF $668,000 AND CONTINGENCIES IN THE AMOUNT OF $67,000; APPROVING THE AWARD OF A CONSTRUCTION AGREEMENT WITH KASA CONSTRUCTION, INC. OF CHINO, CALIFORNIA IN THE AMOUNT OF $668,000 TO PERFORM THE MEDIAN IMPROVEMENTS; AMENDING THE 2019/2020 CIP CITYWIDE MEDIANS REHABILITATION PROJECT TO INCLUDE PALM AVENUE MEDIAN AS A PROJECT LOCATION AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT WHEREAS, the City of San Bernardino owns, operates, and is responsible for the maintenance of landscaped medians, including along Palm Drive, throughout the City; and WHEREAS, the provision of irrigation to turf at the median along Palm Drive between Parkdale Drive and 40th Street was previously eliminated to meet conservation requirements of the State of California Water Conservation Order; and WHEREAS, the Mayor and City Council approved Resolution No. 2019-168 adopting , which included Capital Improvement Plan (CIP) SS 20-001 project for the Citywide Median Rehabilitation and WHEREAS, funding for drought tolerant landscaping is available as the result of a Settlement Agreement between the San Bernardino Municipal Water District (SBMWD), San Bernardino Valley Water District (SBVWD) and East Valley Water District (EVWD) for drought tolerant landscape improvements; and WHEREAS, the Palm Drive median was not previously identified as a location for landscape rehabilitation in the Project description, however it is an eligible alternative to the locations previously identified for use of settlement funds; and WHEREAS, the City has administered a competitive bid process to secure a construction contract to perform landscape improvements at the Palm Drive Median location; and Resolution No. 2020-116 WHEREAS, the City received six (6) bids on May 07, 2020, and KASA Construction, Inc., of Chino, California, has been determined to be the lowest responsive, responsible base bid bidder; and WHEREAS, the City now wishes to enter into a construction agreement with KASA Construction, Inc., to install drought tolerant landscape at the Palm Drive median location. 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 Attorney with KASA Construction, Inc., attached herein and incorporated as Exhibit A, in the amount of $668,000 with a contingency in the amount of $67,000 for the Palm Drive Median Landscape Improvement. SECTION 3. The Director of Finance is hereby authorized to amend the FY2019/20 CIP to add Palm Avenue Median Improvements as an identified project location under the Citywide Medians Rehabilitation Project. SECTION 4. The City Manager or designee is hereby authorized to execute all documents in support of Palm Drive Median Landscape Improvement Project 13389 on behalf of the City. 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 Resolution No. 2020-116 Attest: __________________________________ Genoveva Rocha, CMC, Acting City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney Resolution No. 2020-116 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 KASA Construction, Inc. (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 PALM AND MUSCUPIABE DRIVE MEDIANS LANDSCAPE IMPROVEMENT Project No. 13389 in strict conformity with Plans and Special Provisions No. 13389 , and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised 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: PALM AND MUSCUPIABE DRIVE MEDIANS LANDSCAPE IMPROVEMENT- Project No. 13389 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: KASA Construction, Inc BY: _______________ Teri Ledoux, City Manager BY: _______________________________ TITLE: ATTEST: MAILING ADDRESS: 15148 Sierra Bonita Lane _______________________________ Genoveva Rocha, CMC, Acting City Clerk Chino, California, 91710____________ PHONE NO.: (909) 457-8260_________ 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