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Home My WebLink About07-21-2015 Souza Contracting Inc, DBA Souza Construction Inc. AgreementAGREEMENT THIS AGREEMENT, made on this 21 day of July. 2015, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and SOUZA ENGINEERING CONTRACTING INC., DBA SOUZA CONSTRUCTION INC., (hereinafter called the Contractor). WITNESSETH: That the Owner and the Contractor for the consideration stated herein agree as follows: ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of TORO STREET BANK STABILIZATION, SPECIFICATION NO. 90646 in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated. It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives. ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows: Item No. Item Description Unit of Measure Estimated Quanti Item Price in figures Total in figures) 1 Permit Compliance LS 1 $4,260.00 $4,260.00 2 Sediment Removal LS 1 $6,445.00 $6,445.00 3 Creek Diversions & Dewatering LS 1 $12,109.00 $12,109.00 4 Concrete Creek Bank Protection #1 LF 65 $909.00 $59,085.00 5 Concrete Creek Bank Protection #2 LS 1 $21,539.00 $21,539.00 6 Boulder Clusters TON 34 $225.00 $7,650.00 BID TOTAL: $111,088.00 Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract. Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive. ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached: 1. Notice to Bidders and information for bidders. 2. Standard Specifications, Engineering Standards, Special Provisions, and any Addenda. 3. Accepted Bid. 4. Public Contract code Section 10285.1 Statement and 10162 Questionnaire. 5. Noncollusion Declaration. 6. Plans. 7. List of Subcontractors. 8. Agreement and Bonds. 9. Insurance Requirements and Forms. ARTICLE IV. 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 the said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written. ATTEST: APPROVED AS TO FORM: J. Christine Dietrick Cit Att&ney C 12 -28 -09 CITY OF SAN LUIS OBISPO A Municipal Corporation By. , Ja Nowell Marx City Mayor CONTRACTOR: Souza Engineering Contracting Inc., DBA Souza Construction Inc. By: eve A. Souza Its: President Meeting Date: July 21, 2015 } Council Agenda Report Item Number: C5 FROM: Daryl R. Grigsby, Director of Public Works Prepared By: Dan Van Beveren, Senior Civil Engineer SUBJECT: TORO STREET BANK STABILIZATION, SPECIFICATION NO. 90646 PROJECT AWARD RECOMMENDATION 1. Award a contract to Souza Construction, Inc. in the amount of $111,088 for the construction of the Toro Street Bank Stabilization project, Specification No. 90646. 2. Approve the transfer of $48,197 from the Completed Projects account into the project's construction account. DISCUSSION The Toro Street Bank Stabilization project consists of stabilizing two existing creek banks along San Luis Obispo Creek, and the removal of existing sediment which has accumulated beneath the Toro Street Bridge. Background San Luis Obispo Creek crosses under the Toro Street Bridge between Marsh Street and Pacific Street, and then continues in a northwesterly direction along the edge of Toro Street. The creek bank supporting Toro Street is very steep and consists of stacked sacks of concrete referred to as a "sack - crete" wall. The wall contains a void approximately five feet high and 70 feet long where the concrete sacks have been dislodged by the creek flow and washed away. The project will halt erosion under the wall. On the opposite side of the creek, a similar situation exists. A smaller sack -crete wall adjacent to the Toro Street Bridge and supporting the Dalidet Adobe property has also begun to erode. Both of these locations are in need of repair. The Toro Street Bridge is immediately upstream from these two creek bank locations. Over the years, sediment has accumulated on the north side of the bridge. The project includes removal of the sediment buildup to restore the creek flow capacity beneath the bridge. In 2014, staff completed the design for the Toro Street Bank Stabilization project. The project scope includes the restoration of the two damaged creek banks, and the removal of accumulated sediment beneath the Toro Street Bridge. A detailed discussion of the project scope is included in Attachment 1 - the City Manager Report authorizing the project advertisement. Due to the location of the project within the creek, regulatory permits were obtained from the Army Corps of Engineers, the California Department of Fish and Wildlife, and the California Regional Water Quality Control Board. One of the permit restrictions requires the project to be constructed between the dates of August 1St and October 31s' — the time of the year when the creek flow is at its lowest. On Toro Street Bank Stabilization (90646) Page 2 March 10, 2015, the final permit was received, and the project was scheduled for construction later this year. City Manager Approval to Advertise The Engineer's Estimate for the construction was $70,000, within the $100,000 limit of City Manager approval to advertise and award a construction contract. As such, the plans and specifications were approved by the City Manager on May 11, 2015. Bids were opened on June 11, 2015, and the lowest bid was $111,088, submitted by Souza Construction, Inc. The higher than expected bid amount is attributed by staff to the necessary dewatering of the creek, concrete forming and construction in a creek environment, and environmental permit compliance requirements, all of which are specialized types of construction activities difficult to estimate as they are not typical of most City projects. City Council Approval to Award Due to the bid amount being over $100,000, the City Council's approval of the project award is required in accordance with the City's purchasing policy. Staff has reviewed the bid by Souza Construction, Inc. for irregularities or special award circumstances and has found none. Therefore, staff recommends a construction contract to be awarded to Souza Construction, Inc. A copy of the Bid Summary is included as Attachment 2. FISCAL IMPACT The current project construction budget consists of $30,000 from $2012 -13, and an additional $50,000 budgeted in the recently- approved $2015 -16 CIP. With $128,196 needed for construction, a Budget Amendment Request will transfer $48,196 from the Completed Projects Account in order to supplement the current project budget as shown in the table below: Toro Street Bank Stabilization: Funding by Source Budget Construction , Construction Costs Current Project Construction Budget: $80,000 Construction Contract: $111,088 * Completed Projects Account $48,196 Contingencies: $11,108 Total $128,196 Total for Construction $122,196 Materials Testing $5,000 Printing and other misc. costs: $1,000 Total for Other Costs $6,000 Total Construction Budget $128,196 * Current Amount Available in Completed Projects Account is $111,151. ALTERNATIVES Reject all bids and direct staff to re- advertise the project. The alternative to awarding the contract would be to reject all bids and to re- advertise. There are no indications that the construction costs would be any lower, and due to the seasonal restrictions of the project, the project would have to be rescheduled to 2016. This option is not recommended. Toro Street Bank Stabilization (90646) Page 3 ATTACHMENTS 1. Copy of Original report authorizing advertising 2. Bid Summary 3. Contract Agreement with Souza Construction, Inc. AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE Plans and Specifications IAoouricil agenda rep[xis 201 5120 1 5t7 -2"am street hank sWdilizftn190646 car-a„uard.dacx