AGENDA REPORT
CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 1/17/2023 Agenda Item: 6J.
Department: Utilities
Prepared By: David Rebensdorf, Utilities Director
Subject:
CONSTRUCTION CONTRACT AWARD TO VICON ENTERPRISE, INC. FOR CALAFIA PUMP STATION FLOW METER AND VAULT REPLACEMENT, PROJECT NO. 24401 Fiscal Impact:
There is available funding for the estimated project cost of $127,410 from the Water Fund Depreciation Reserve. Due to limited available funding within Account Number 052-466-43420-000- 24401, staff is recommending a transfer from Account Number 052-466-43470-000-21403 to 052-466 -43420-000-24401 for $80,000.
Summary:
Staff recommends approval of a construction contract with Vicon Enterprise, Inc., in the amount of $79,500 for the Calafia Pump Station Flow Meter and Vault Replacement, and a budget transfer of $80,000.
Background:
Calafia Pump Station provides recycled water to a storage pond that serves the City’s Municipal Golf Course. A flow meter in a concrete vault located adjacent to the pump station measures recycled water delivered to the pond. The flow meter is no longer functioning and is at the end of its useful life.
Staff is additionally recommending replacement of the existing concrete vault because it is too small to allow for proper maintenance of the new flowmeter. To provide an accurate measurement of recycled water delivery to the golf course pond, MBF Consulting prepared plans and specifications to replace the flow meter and the undersized concrete vault.
Discussion:
The Calafia Pump Station Flow Meter and Vault Replacement Project was advertised for public bidding on Planet Bids; six electronic bids were received on December 1, 2022. The result from the bid opening is presented in the attached Bidder’s Listing (Attachment 2). The lowest responsive and responsible base bid of $79,500 was received from Vicon Enterprise, Inc.
Based on the low bid, project costs are estimated as follows:
Administration and Engineering Design $ 27,960
Construction Management and Inspection 12,000
Construction 79,500
Construction Contingency (approx. 10%) 7,950
Total Estimated Project Cost $ 127,410
As required by City Policy and State Law, the contractor will be required to provide performance and CITY OF SAN CLEMENTE Page 1 of 2 Printed on 1/12/2023
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Attachment 3
Meeting Date: 1/17/2023 Agenda Item: 6J.
As required by City Policy and State Law, the contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract. A warranty bond will also be required prior to City Council acceptance of the project.
Plan and Policy Consistency:
The approval is consistent with the following General Plan Goals and Policies:
· Goal: Maintain and improve a comprehensive system of potable water supply, storage and distribution, and wastewater treatment, reclamation, and reuse to meet daily and emergency needs in San Clemente.
· Policy PSFU-5.08. Recycled Water. We encourage, and in some cases require, the use of recycled water when available through a Mandatory Use Ordinance.
Council Strategy:
The project is consistent with Council Strategy 3 - Update and maintain Infrastructure that reflects best available technology and service in that the project replaces a flow meter at the end of its useful life and installs a larger concrete vault for improve access and maintenance of the flow meter hence increasing the life expectancy of the replaced asset.
Recommended Actions:
Staff Recommendation
Staff Recommends that the City Council:
1. Approve the Plans and Specifications for Calafia Pump Station Flow Meter and Vault Replacement, Project No. 24401; and
2. Approve and authorize the Utilities Director to execute, Contract ________, by and between the City of San Clemente and Vicon Enterprise, Inc., in the amount of $79,500 for Calafia Pump Station Flow Meter and Vault Replacement, Project No. 24401.
3. Approve a budget transfer of $80,000 from Account #052-466-43470-000-21403 to Account #052-466-43420-000-24401.
Attachment:
1. Location Map
2. Bidder’s Listing
3. Contract with Vicon Enterprise, Inc. (without attachments) Notification:
None.
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 1/12/2023
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S ALAMOS
AVE LOBEIRO
AVE MONTALVO
AVE CALAFIA
PLAZA A LA PLAYA CLE CAPRI
AVE DE LA RIVIERA AVE MAGD
A. T. & S. F. R. R.
MONTE CRISTO MONACO
CLE MONTE CARLO CLE MADIERA
CLE MAJORCA
PACIFIC OCEAN
CALAFIA
TEST WELL
SAN CLEMENTE
STATE BEACH
AT&SF RR
Calafia Pump Station Flow Meter and
Vault Replacement
NOT TO SCALE
PN 24401
PROJECT
LOCATION
LOCATION MAP
Attachment 1
3 BIDDER’S LISTING
BID OPEN TIME: 2:00 PM
BID OPEN DATE: 12/01/2022
PRESENT: Electronic Bid (Planet Bids)
Subject: Bid Opening
Project: Calafia Pump Station Flow Meter and Vault Replacement – Project 24401 No. of Bids: 6
Company Information Bid
Bond,
Etc.
City Bidder is
from
Addendums Amount
1 Vicon Enterprise Inc. √ Anaheim $79,500.00
2 ISSA Electric Inc. √ Riverside $88,250.00
3 Jennette Company Inc. √ San Diego $90,725.00
4 T.E. Roberts, Inc. √ Irvine $96,625.00
5 Advanced Construction
Services, Inc.
√ Fallbrook $98,838.00
6 GCI Construction, Inc. √ San Clemente $99,050.00
Attachment 2
4 55452.01510\32905704.2
32 SECTION 00500
CONTRACT
SECTION 00500
CONTRACT
THIS CONTRACT is made this _____ day of _________, 2023, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Vicon Enterprise, Inc., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:
CALAFIA PUMP STATION FLOW METER AND VAULT REPLACEMENT
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 40 working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seventy Nine Thousand Five Hundred Dollars ($79,500). Payment shall be made as set forth in the General Conditions.
At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents.
ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Attachment 3
5 SECTION 00500
CONTRACT
55452.01510\32905704.2
33 SECTION 00500
CONTRACT
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City Clerk Office or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 6 SECTION 00500
CONTRACT
55452.01510\32905704.2
34 SECTION 00500
CONTRACT
CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
BEST BEST & KRIEGER
____________________________
City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
__________________________
(“CONTRACTOR”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____
END OF CONTRACT
7