HomeMy WebLinkAbout2015 CON Crest Equipment - Grove Street Drainage Enhancements SP 14-07OWNER - CONTRACTOR AGREEMENT
GROVE STREET DRAINAGE ENHANCEMENTS, CIP NO.14-07
This Owner -Contractor Agreement ("Agreement") is made by and between the City of
National City, 1243 National City Boulevard National City, California 91950 and Crest
Equipment, Inc.("Contractor"), 161 Scottford Drive, El Cajon, CA 92021
on the 21' day of April , 2015, for the construction of the above referenced Project.
In consideration of the mutual covenants and agreements set forth herein, the Owner
and Contractor have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all the work and furnish all the labor, services, materials and
equipment necessary to construct and complete the Project in a turn -key manner in
accordance with this Agreement and all documents and plans referenced in Exhibit "A",
(hereinafter "Contract Documents"), in compliance with all relevant Federal, State of
California, County of San Diego and City of National City codes and regulations, and to the
satisfaction of the Owner.
2. CONTRACT PRICE
Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for
constructing the project in accordance with these Contract Documents in an amount not
to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated
herein by reference. Payments to the Contractor shall be made in the manner described
in the Special Provisions.
3. TIME FOR PERFORMANCE
Time is of the essence for this Agreement and the Contractor shall construct the project
in every detail to a complete and turn -key fashion to the satisfaction of the Owner within
the specified duration set forth in the Special Provisions.
4. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or
employ any qualified person, or bar or discharge from employment any person, or
discriminate against any person, with respect to such person's compensation, terms,
conditions or privileges of employment because of such person's race, religious status,
sex or age.
5. AUTHORIZED OWNER REPRESENTATIVES
On behalf of the Owner, the Project Manager designated at the pre -construction meeting
shall be the Owner's authorized representative in the interpretation and enforcement of
all Work performed in connection with this Agreement.
6. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the
provisions of Section 3700 of the Labor Code, which requires every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and I will comply with such provisions before commencing
the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the
requirements of Section 3700 of the Labor Code. Before commencing any Work, the
Contractor shall cause each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires
every employer to be insured against liability for worker's compensation or to
undertake self-insurance in accordance with the provisions of that Code, and I will
comply with such provisions before commencing the performance of the Work of
this Agreement."
7. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Owner and the
Contractor with respect to the Work. In the event of conflict between the terms of this
Agreement and the bid of the Contractor, then this Agreement shall control and nothing
herein shall be considered as an acceptance of the terms of the bid conflicting herewith.
8. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting
records and other evidence pertaining to costs incurred and shall make such materials
available at its office at all reasonable times during the term of this Agreement and for three
(3) years from the date of final payment under this Agreement, for inspection by Owner
and copies thereof shall be furnished to Owner if requested.
9. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent
contractor and shall not be an employee, agent, partner or joint venturer of the Owner.
Owner shall have the right to control Contractor insofar as the results of Contractor's
services rendered pursuant to this Agreement; however, Owner shall not have the right to
control the means by which Contractor accomplishes such services.
10. LICENSES AND PERMITS
Contractor represents and declares to Owner that it has all licenses, permits, qualifications
and approvals of whatever nature which are legally required to practice its profession.
Contractor represents and warrants to Owner that Contractor shall, at its sole cost and
expense, keep in effect at all times during the term of this Agreement, any licenses, permits,
qualifications or approvals which are legally required for Contractor to practice its
profession.
11. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance
with the laws of the State of California, and the appropriate venue for any action or
proceeding arising from this Agreement and/or the Contract Documents shall be had in the
Superior Court of San Diego, Central Branch.
12. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all
purposes be deemed to be an original.
13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Owner, it may be
considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that the False Claims Act, California Government Code sections 12650, et
seq., provides for civil penalties where a person knowingly submits a false claim to a public
entity. These provisions include within their scope false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of the
information. In the event the Owner seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor
hereby acknowledges that the filing of a false claim may the Contractor to an
administrative debarment proceeding wherein Contractor may be prevented from
further bidding on public contracts for a period of up to five (5) years.
I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)
14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner
other than by an amendment in writing and signed by the Owner and the Contractor.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
Contractor: Crest Equipment, Inc.
_ L U
Mayor, City of National City (Owner/Officer signature)
Attest:
fi
City( ' `Clerk, City
City
► ,e Gt4 73-( a reS
Print name and title
of National
(Second officer signature if a core. ation)
Print name and title
Contractor's City Business License No.
62.-)0( A
State Contractor's License No. and Class
Business street address
City, State and Zip Code
EXHIBIT A
CONTRACT DOCUMENTS
Owner/Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
San Diego County Regional Standard Drawings
City of National City Standard Drawings
Standard Specifications for Public Works Construction and Regional Supplements
(Greenbook)
State Standard Specifications
State Standard Plans
California Building, Mechanical, Plumbing and Electrical Codes
Permits issued by jurisdictional regulatory agencies
Electric, gas, and communications companies specifications and standards
Sweetwater Authority specifications and standards
Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and
all other agencies that may be adjacent and/or affected by the project.
EXHIBIT B
CONTRACT PRICE
(NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS)
CORPORATE CERTIFICATE
jJUct4 vt��
certify that I am the Secretary of the
Corporation named as Contractor in the foregoing Contract; that
ith -t , who signed said contract on behalf of the
Contractor, was then {� / S-cc, of said
Corporation; that said contract was duly signed for and in behalf of said Corporation by
authority of its governing body and is within the scope of its corporate powers.
certify that I am the f the
Corp 'on nam d as Contractor in the foregoing Contract; that
-� , who signed said contract on behalf of the
Contractor, was then `/ �J (L3 1 of said
Corporation; that said contract was duly signed for and in behalf of said Corporation by
authority of its governing body and is within the scope of its corporate powers.
Corporate Seal:
STATE OF
COUNTY OF
On this day of
Public in and for said County
PARTNERSHIP CE TIFICATE
) ss
, 2015, before me, the undersigned, a Notary
d State, personally appeared:
(Notary Seal)
known to me to be
partnership that executed the within instrum;- °t, and acknowledged to me that such
partnership executed the same.
Signature:
Name (Type or Print):
of the partners of the
otary Public in and for said County and State)
My Commission expires:
C audia ac
City Attorq
RESOLUTION NO. 2015 — 49
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AWARDING A CONTRACT IN THE NOT -TO -EXCEED AMOUNT OF
$50,688 TO CREST EQUIPMENT, INC., FOR THE GROVE STREET DRAINAGE
ENHANCEMENTS PROJECT, AUTHORIZING A 25%
CONTINGENCY IN THE AMOUNT OF $12,672 FOR ANY UNFORESEEN
CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT
WHEREAS, on March 26, 2015, the Engineering Department publicly opened,
examined, and declared six (6) sealed bids for the Grove Street Drainage Enhancements
Project; and
WHEREAS, Crest Equipment, Inc., was the lowest responsive bidder qualified to
perform the work as described in the project specifications with a total bid amount of $50,688;
and
WHEREAS, a 25% contingency amount up to $12,672 for any unforeseen
changes to the Project is requested.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City awards the contract for the Grove Street Drainage Enhancements Project to the
lowest responsive, responsible bidder, to wit:
CREST EQUIPMENT, INC.
BE IT FURTHER RESOLVED by the City Council of the City of National City that
the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of
$50,688 with Crest Equipment, Inc., for the Grove Street Drainage Enhancements Project. Said
contract is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council hereby authorizes a 25%
contingency amount up to $12,672 for unforeseen changes to the Project.
ATTEST:
yl
c ael R.
PASSED and ADOPTED this 21st day of April, 2015
Dalla,
, ity Clerk
A -PROVED £S TO F•'M:
II
'til I .I. ,kliiiitiLlit.
TIP —
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on April 21,
2015 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2015-49 of the City of National City, California, passed and adopted
by the Council of said City on April 21, 2015.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA C a o ‘ 7, - v a
COUNCIL AGENDA STATEMENT
MEETING DATE: April 21, 2015
AGENDA ITEM NO. 8
rfEM TITLE:
Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of
$50,688.00 to Crest Equipment, Inc. for the Grove Street Drainage Enhancements, CIP No. 14-07; 2)
authorizing a 25% contingency in the amount of $12,672.00 for any unforeseen changes; 3) authorizing the
Mayor to execute the contract.
PREPARED BY:
PHONE: 336-4382
EXPLANATION:
See attached.
Stephen Manganiellb
DEPARTMENT: fnginering/Public Works
APPROVED BY:
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
301-409-500-598-7049 (Drainage Improvements): $50,688.00
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Bid Opening Summary
3. Three Lowest Bidders Summary
4. Resolution
EXPLANATION
The Grove Street Drainage Enhancements, CIP No. 14-07, will implement construction
and installation of new sidewalk, curb and gutter, and grading and erosion control. These
new construction measures will address the existing drainage issues along the west side
of Grove Street at the intersection of Grove Street and East 16th Street.
On March 12, 2014, the bid solicitation was advertised in local newspapers. Additionally,
on March 12, 2015 the bid solicitation was posted on PlanetBids, a free public electronic
bidding system for vendors.
National City has subscribed to PlanetBids, effective March 2, 2015, to improve our
bidding system for Capital Improvement Projects. This electronic bidding system has
performed well to date.
On March 26, 2015, six (6) bids were received by the 2:00 p.m. deadline. Bid results
were available immediately after the 2:00 p.m. deadline. Crest Equipment, Inc. was the
apparent low bidder with a total bid amount of $50,688.00. Upon review of all documents
submitted and reference checks, Crest Equipment, Inc.'s bid is responsive, and they are
the lowest responsible bidder qualified to perform the work as described in the project
specifications.
Attached are the bid opening results and a summary of the three lowest bidders for your
information.
Staff recommends awarding a contract in the not to exceed amount of $50,688.00 to Crest
Equipment, Inc. for the Grove Street Drainage Enhancements, CIP No. 14-07, and
authorizing a 25% contingency in the amount of $12,672.00.
NAME:
CIP NO:
DATE:
TIME:
-0-, CALIFORNIA
NATI NA1 et
INCORPORATED .J
BID OPENING RESULTS
Grove Street Drainage Enhancements
14-07
Thursday, MARCH 26, 2015
2:00 P.M.
ESTIMATE: $61,000.00.
PROJECT ENGINEER: Kenneth Fernandez, P.E.
NO.
BIDDER'S NAME
BID AMOUNT
ADDENDA
BID SECURITY
-CHECK
- BOND
1.
Crest Equipment, Inc.
161 Scottford Drive
El Cajon, CA 92021
$ 50,688.00
N/A
Bond
2
Just Construction, Inc.
3103 Market Street
San Diego, CA 92102
$ 58,000.00
N/A
Bond
3.
MJC Construction
3015 Sylvia Street
Bonita, CA 91902
$75,854.00
N/A
Bond
4.
Blue Pacific Engineering & Construction
7330 Opportunity Road, Suite J
San Diego, CA 92111
$79,310.00
N/A
Bond
5.
NRG Building and Consulting
15385 Olde Highway 80
El Cajon, CA 92021
$89,229.00
N/A
Bond
6.
New Century Construction, Inc.
9119 Emerald Grove Ave.
Lakeside, CA 92040
$93,835.00
N/A
Bond
-1-
Bid Results for Grove Street Drainage Enhancements, CIP No. 14-07
Crest Equipment Inc.
Just Construction, Inc.
MJC Construction
Base Bid
Item
No.
Description
Unit
Qty.
Unit Price
Extension
(Quanity x
Unit Price)
Unit Price
Extension
(Quanity x
Unit Price)
Unit Price
Extension
(Quanity x Unit
Price)
1
M
Mobilization
LS
1
$2,750.00
$2,750.00
$6,266.20
$6,266.20
$2,000.00
$2,000.00
2
Traffic Control
LS
1
$1,500.00
$1,500.00
$1,050.00
$1,050.00
$4,000.00
$4,000.00
3
Clearing & Grubbing
LS
1
$4,200.00
$4,200.00
$3,675.00
$3,675.00
$6,000.00
$6,000.00
4
Surveying
LS
1
$2,100.00
$2,100.00
$2,100.00
$2,100.00
$1,500.00
$1,500.00
5
Signing and Striping
LS
1
$900.00
$900.00
$2,205.00
$2,205.00
$2,500.00
$2,500.00
6
Water Pollution Control
LS
1
$1,800.00
$1,800.00
$1,050.00
$1,050.00
$2,000.00
$2,000.00
7
Unclassified Excavation (Grading
and Import)
CY
300
$30.00
$9,000.00
$33.60
$10,080.00
$60.00
$18,000.00
8
Class 11 Aggregate Base
CY
15
$39.00
$585.00
$36.80
$552.00
$80.00
$1,200.00
9
Asphalt concrete paving
SF
580
$2.35
$1,363.00
$7.40
$4,292.00
$8.00
$4,640.00
10
6" PCC Curb and Gutter (Type G-
2)
LF
150
$35.00
$5,250.00
$32.60
$4,890.00
$60.00
$9,000.00
11
6" PCC Curb (Type G-1)
LF
42
$35.00
$1,470.00
$28.40
$1,192.80
$42.00
$1,764.00
12
4" PCC Sidewalk (G-7)
SF
950
$5.00
$4,750.00
$6.40
$6,080.00
$7.00
$6,650.00
13
6" PCC Driveway (G-14A)
SF
120
$6.50
$780.00
$8.50
$1,020.00
$20.00
$2,400.00
14
Curb Outlet (D-25)
EA
1
$3,300.00
$3,300.00
$3,654.00
$3,654.00
$1,700.00
$1,700.00
15
Remove and Replace Wood Fence
LF
20
$50.00
$1,000.00
$39.90
$798.00
$50.00
$1,000.00
16
Remove and Replace Chain Link
Fence
LF
130
$38.00
$4,940.00
$31.50
$4,095.00
$50.00
$6,500.00
17
Field Orders
AL
1
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
Base Bid
Total
$50,688.00
$58,000.00
$75,854.00
RESOLUTION NO. 2015 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AWARDING A CONTRACT IN THE NOT -TO -EXCEED AMOUNT OF
$50,688 TO CREST EQUIPMENT, INC., FOR THE GROVE STREET DRAINAGE
ENHANCEMENTS PROJECT, AUTHORIZING A 25%
CONTINGENCY IN THE AMOUNT OF $12,672 FOR ANY UNFORESEEN
CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT
WHEREAS, on March 26, 2015, the Engineering Department publicly opened,
examined, and declared six (6) sealed bids for the Grove Street Drainage Enhancements
Project; and
WHEREAS, Crest Equipment, Inc., was the lowest responsive bidder qualified to
perform the work as described in the project specifications with a total bid amount of $50,688;
and
WHEREAS, a 25% contingency amount up to $12,672 for any unforeseen
changes to the Project is requested.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City awards the contract for the Grove Street Drainage Enhancements Project to the
lowest responsive, responsible bidder, to wit:
CREST EQUIPMENT, INC.
BE IT FURTHER RESOLVED by the City Council of the City of National City that
the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of
$50,688 with Crest Equipment, Inc., for the Grove Street Drainage Enhancements Project. Said
contract is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council hereby authorizes a 25%
contingency amount up to $12,672 for unforeseen changes to the Project.
PASSED and ADOPTED this 21st day of April, 2015.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
RESOLUTION NO. 2015 — 49
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AWARDING A CONTRACT IN THE NOT -TO -EXCEED AMOUNT OF
$50,688 TO CREST EQUIPMENT, INC., FOR THE GROVE STREET DRAINAGE
ENHANCEMENTS PROJECT, AUTHORIZING A 25%
CONTINGENCY IN THE AMOUNT OF $12,672 FOR ANY UNFORESEEN
CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT
WHEREAS, on March 26, 2015, the Engineering Department publicly opened,
examined, and declared six (6) sealed bids for the Grove Street Drainage Enhancements
Project; and
WHEREAS, Crest Equipment, Inc., was the lowest responsive bidder qualified to
perform the work as described in the project specifications with a total bid amount of $50,688;
and
WHEREAS, a 25% contingency amount up to $12,672 for any unforeseen
changes to the Project is requested.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City awards the contract for the Grove Street Drainage Enhancements Project to the
lowest responsive, responsible bidder, to wit:
CREST EQUIPMENT, INC.
BE IT FURTHER RESOLVED by the City Council of the City of National City that
the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of
$50,688 with Crest Equipment, Inc., for the Grove Street Drainage Enhancements Project. Said
contract is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council hereby authorizes a 25%
contingency amount up to $12,672 for unforeseen changes to the Project.
PASSED and ADOPTED this 21st day of April, 2015
on Morrison, Mayor
ATTEST:
Mic
u�(/l�
lael R. Dalla, ity Clerk
PROVED S TO F• : M:
0
audia ac tua Si
City Attor
Passed and adopted by the Council of the City of National City, California, on April 21,
2015 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2015-49 of the City of National City, California, passed and adopted
by the Council of said City on April 21, 2015.
City Jerk of the City of ational City, California
By:
Deputy