2 6
5 3
RESOLUTION NO.____________
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL
IMPROVEMENT DISTRICT AUTHORIZING THE AWARD OF CONSTRUCTION CONTRACT WITH PERFORMANCE MECHANICAL, INC. IN THE AMOUNT OF $1,289,130 FOR THE CONSTRUCTION OF LIFT STATION 59 EFFLUENT LINE IMPROVEMENTS PROJECT (CIP 455-695) AND ESTABLISHMENT OF A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $130,000; THE EXECUTION OF TASK ORDER CON-2024-01 WITH CONSOR PMCM, INC. IN THE AMOUNT OF $149,305 FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES AND ESTABLISHMENT OF A CONTINGENCY IN THE AMOUNT OF $30,000; THE EXECUTION OF AMENDMENT NO. 3 WITH BKF, INC. IN THE AMOUNT OF $10,833
FOR CONSTRUCTION DESIGN SUPPORT SERVICES AND INCREASING CONTINGENCY IN THE AMOUNT OF $16,000; AND FINDING THE APPROVAL
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES §15061(B)(3) AND 15301(C)—EXISTING
FACILITIES
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, Pump Station 59 is a critical EMID facility in need of enhanced operational flexibility, flow measurement accuracy and reliability and redundancy during repairs; and
WHEREAS, at the April 3, 2023 Board Meeting, the Board of Directors adopted EMID Resolution No. 3715 approving the plans and specifications and authorizing the Call for Bids for the Lift Station 59 Effluent Line Improvements Project (Project) (CIP 455- 695); and
WHEREAS, one bid was received and opened on May 11, 2023, in the amount of $2,244,120 well over the engineer’s estimate; and
WHEREAS, on June 20, 2023, the Board of Directors adopted EMID Resolution No. 3735 rejecting the sole bid received, and authorizing staff to perform additional design work and geotechnical analyses, to potentially reduce the project scope and decrease costs; and
WHEREAS, the current design eliminated the installation of a permanent bypass in favor of a temporary bypass, and includes some additional revisions to improve biddability of the project; and
WHEREAS, at its July 15, 2024 meeting, the Board of Directors adopted EMID Resolution No. 3767 approving the revised plans and specifications; and authorizing the Call for Bids for the Lift Station 59 Effluent Line Improvements Project (Project) (CIP 455- 695); and
2 6
5 3
WHEREAS, out of Four (4) bids received and opened on September 10, 2024, Performance Mechanical, Inc. submitted the lowest responsible and responsive bid in the amount of $1,289,130; and
WHEREAS, a project contingency in the amount of $130,000 will enable expedient resolution of changes to the plans resulting from any unforeseen conditions; and WHEREAS, the authorization of Contract Amendment No. three (3) in the amount of $10,833, to the professional services agreement with BKF, Inc. for CIP 405-660, will provide for the increased construction support services effort that will be required to support the delivery of the project; and
WHEREAS, the establishment of a contract contingency in the amount of $16,000 for the professional services agreement with BKF Inc. will provide for any necessary amendments to the agreement for construction support or post-construction activities; and
WHEREAS, on August 5, 2024, EMID approved a Master Professional Construction Management & Inspections Services Agreement with Consor PMCM, Inc. (Consor) under which the District can access on-call professional services by Task Order; and
WHEREAS, Consor will support the City during construction to provide construction management and inspection services throughout construction and closeout in the amount of $149,305; and
WHEREAS, a contract contingency amount of $30,000 to the professional services agreement with Consor Inc. will provide for any unforeseen issues during construction or closeout support; and
WHEREAS, this Project is categorically exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities; and
WHEREAS, sufficient funding in the amount of $1,800,000 exists in the project budget.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize:
1. The President to execute an agreement with Performance Mechanical, Inc. in the amount of $1,289,130 for the construction of the Lift Station 59 Effluent Line Improvements Project (CIP 455-695);
2. The establishment of a contingency in the amount of $130,000 with authorization given to the District Manager or their designee to execute contract change orders up to the contingency amount;
2 6
5 3
3. The President to execute Task Order CON-2024-01 with Consor PMCM, Inc. in the amount of $149,305 for Construction Management & Inspection services for Lift Station 59 Effluent Line Improvement Project (CIP 455-695);
4. The establishment of a contract contingency in the amount of $30,000 for the professional services agreement with Consor PMCM, Inc., with authorization given to the District Manager or their designee to execute contract amendments up to the contingency amount;
5. The President to execute Contract Amendment No. 3 with BKF, Inc. in the amount of $10,833 for Construction Design Support services; and
6. The establishment of a contract contingency in the amount of $16,000 for the professional services agreement with BKF, Inc, with authorization given to the District Manager or their designee to execute contract amendments up to the contingency amount.
BE IT FURTHER RESOLVED minor, non-substantive revisions may be approved by the District Manager and the District Counsel, and any other documents may be executed as necessary to effectuate the terms of the Agreement as authorized above.
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 7th day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICK SULLIVAN, PRESIDENT
ATTEST:
PRISCILLA SCHAUS, DISTRICT SECRETARY