HomeMy WebLinkAbout09-01-2015 Condor, Inc - Sinsheimer Pool Re-Plaster and Re-Tile - AgreementAGREEMENT
THIS AGREEMENT, made on this 18 day of August, 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 CONDOR, 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
SINSHEIMER PARK POOL REPLASTER AND RETILE, SPECIFICATION NO. 91208
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
Quantity
Item Price
in figures)
Total
(in figures)
1
Dewatering
LS
1
$1,000.00
$1,000.00
2
Demolition
LS
1
$130,000.00
$130,000.00
3
Drain Grate & Sump
EA
2
$3,000.00
$6,000.00
4
Plumbing
LS
1
$25,000.00
$25,000.00
5
Pool Flooring Concrete
SQFT
384
$40.00
$15,360.00
6
Tile
LS
1
$164,000.00
$164,000.00
7
(S) Plastering
LS
1
$63,000.00
$63,000.00
8
Waterproofing
LS
1
$9,000.00
$9,000.00
9
Light Fixture
EA
28
$2,200.00
$61,600.00
10
Electrical
LS
1
$3,000.00
$3,000.00
11
Crack Repairs
LS
1
$4,000.00
$4,000.00
12
Rebar Repairs
EA
25
$60.00
$1,500.00
13
Pool Expansion Joint Repair
LS
1
$4,000.00
$4,000.00
BID TOTAL: $487,460.00
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:
r
+w y
Antl Meji , City Cl rk
APPROVED AS TO DRM
J. Chri ine D etrick, City Attorney
Rev. 12 -28 -09
CITY OF SAN LUIS OBISPO
A Municipal Corporation
e✓
Jan Ho el Marx, City May 6r
CONTRACTOR:
Condor Inc_
By: -
Earl Weis
Its: CFO /Secretary/Treasurer
13
Council Agenda Report
Meeting Date: 8/18/2015
FROM: Daryl R. Grigsby, Director of Public Works
Prepared By: Manny Guzman, Engineer III
SUBJECT: SINSHEIMER POOL RE- PLASTER AND RE -TILE SPECIFICATION NO,
91208
RECOMMENDATION
1. Award a contract to Condor, Inc. in the amount of $487,460.00 for the Sinsheimer Pool
Re- plaster and Re -tile project, Specification No. 91208.
2. Approve a transfer of $51,000 from the construction management phase of the project
account to the construction phase of the project account.
DISCUSSION
The Sinsheimer Pool was last re- plastered and re -tiled in 1998. A good pool re- plaster is
expected to provide a 10 to 15 year life span. The existing pool plaster is now 17 years old and
has deteriorated significantly. Degradation can be seen on several areas of the pool's "shell"
where the plaster is pockmarked with a roughened surface. Without a re- plastering of the pool's
concrete shell, its structural integrity will be compromised. The plaster provides a protective
layer between the pool water and the reinforced concrete structure, protecting it from damage.
Unfortunately, worn, rough plaster also provides a foothold for bacteria and algae growth, which
presents a potential health risk to the users of the pool. Continued bacteria and algae growth
could result in the necessary closure of the pool. Prior to the 1998 re- plastering, the San Luis
Obispo Public Health Department notified the City of a potential pool closure due to the
deteriorated condition of the Pool's shell plaster at that time.
On June 2, 2015, the City Council authorized the invitation of bids for the Sinsheimer Pool
Re- plaster and Re -tile project, Specification No. 91208. Two bids were received and opened on
August 5, 2015, all of which exceeded the Engineer's estimate of $443,000. Condor, Inc.
submitted the lowest bid of $487,460, which is $44,460 above the Engineer's estimate. The
higher than estimated bids may be the result of an improved economy; with an abundance of
work, in which contractors tend to be less competitive with their bid submittals. During our last
economic boom, it was common for bid submittals to be higher than the engineer's estimates due
to the contractors having more options for work. Additionally, the City's relatively remote
location, away from metropolitan areas and commercial pool contractors; it is typical for our
prices to be higher than those in a metropolitan area for this type of work. While this was
Packet Pg. 140
considered as part of the estimate preparation by the Consultant, it did not completely address the
current high bidding climate.
FISCAL IMPACT
As part of the 2013 -15 Financial Plan, the City Council approved $25,000 in design, $255,000 in
construction and $55,000 in the construction management phases of the project account. An
additional $266,000 for construction and $24,000 for construction management was budgeted in
the approved 2015 -17 Financial Plan, pages 3 -232 to 3 -324; bringing the total project budget to
$521,000 for construction and $79,000 for construction management services.
Yroject Account Phases
Sinsheimer Pool Replaster and Retile (91208)
Current
Proposedl
Change
Design
25,000
25,000
-
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Construction Management
79,000
28,000
(51,000)
Since inspection for this project is scheduled to be completed using City staff, no construction
management funds will be required. Staff is recommending transferring $51,000 of the
construction management funds to the construction phase to support this request for $572,000.
This action will revise the construction budget from the existing amount of $521,000 to a revised
amount of $572,000. A summary of the project's construction phase funding is provided below.
Construction Cost:
Contingencies:
$487,460
$80,540
Material Testing: $3,500
Printing and Misc: $500
Total Project Cost $572,000
ALTERNATIVE
Reject all bids and direct staff to re- advertise the project. The City Council may choose to reject
all bids and direct staff to re -bid the project. This is not recommended due to the overall project
delay without any guarantee of reduced bid amounts. A project delay would result in the
continued plaster deterioration, and could potentially require the closure of the pool.
Attachments:
1 - Bid Summary
2 - Copy of Original Report Authorizing Advertising
3 - Contract Agreement, Condor, Inc.
13
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• Meeting Date: June 2, 2015
Council Agenda Report Item Number C6
FROM: Daryl R. Grigsby, Director of Public Works
Prepared By: Manny Guzman, Engineer III
SUBJECT: SINSHEIMER POOL RE- PLASTER AND RE -TILE SPECIFICATION NO.
91208
RECOMMENDATIONS
1 n �1,. ...,7 :F...,.a: ♦L Q; ..11 D,.,.1 Do...l..��o ,,.a Dv *;lo Dr..;o..r
1. lApprove plaits and spe1.111GQ11o1'ls LVr LIIG V111J 11G tiller 1 VVl 1 \G�/I0.JLGr atlu 1%V 61111 1 1VJ �.V L,
Specification No. 91208.
2. Authorize staff to advertise for bids, and authorize the City Manager to award the contract if the
lowest responsible bid is within the Engineer's Estimate of $443,000 and the 2015 -16 budget
appropriation is approved by Council.
3. Authorize change orders for project acceleration if funding is available, in conformance with the
City's Change Order policy limits.
DISCUSSION
Background and Reasons for Project at this Time
The Sinsheimer Pool (Pool) was last re- plastered and re -tiled in 1998. A good pool re- plaster is
expected to provide a 10 to 15 year life span. The existing pool plaster is now 17 years old and
has deteriorated significantly. Degradation can be seen on several areas of the Pool's "shell"
where the plaster is pockmarked with a roughened surface. Without a re- plastering of the Pool's
concrete shell, its structural integrity will be compromised. The plaster provides a protective
layer between the pool water and the reinforced concrete structure, protecting it from damage.
Unfortunately, worn, rough plaster also provides a foothold for bacteria and algae growth, a
potential health issue to the Pool's users. The consequences of which would be a pool closure.
Prior to the 1998 re- plastering, the San Luis Obispo Public Health Department (SLOPHD)
notified the City of a potential pool closure due to the deteriorated condition of the Pool's shell
plaster.
Other significant maintenance will occur with this re- plastering project. The existing underwater
lights, original to the Pool's construction (35 plus years old), are no longer repairable. The lights
will be replaced. Failure of the lights result in a dark and unsafe facility particularly for users in
the early hours of the day and at night resulting in much shorter hours of operation during certain
times of the year. Additionally, upgrades to the existing drain system are necessary to meet
Federal law (the Virginia Graeme Baker Pool and Spa Safety Act (Safety Act)), which went into
effect on December 19, 2008. The Safety Act requires that all public pools be equipped with
anti - entrapment drain covers. Without the necessary upgrades to the existing drain system, the
County Department of Health will not issue the needed permits to complete this project.
Project Scope
This project consists of plaster and tile removal and replacement, structural repair to the Pool shell,
drain inlet modifications, and light replacement. Plaster replacement is expected to protect the
Packet Pg. 143
Sinsheimer Pool Replaster and Retile, Specification No. 91208 Page 2
pool's concrete shell for another 15 years. The tile and marker replacement includes upgrading the
tile to a slip resistant surface, which is required by the building code. The upgrade of the existing
drain system will meet the requirements of the Safety Act and eliminate the potential for a swimmer
to be held under water by the suction power of the drain system. Lastly, a total of 28 new LED
lights that illuminate the inside of the pool will be installed. The new LED Fixtures use less power
and last longer than the conventional fixtures.
Impact of Pool Closure On Users
The rehabilitation of the City's pool is scheduled to start at the end of August, with work
extending into December. This will impact all of the City's aquatics programs including lap
swimming, swim lessons, San Luis Obispo and Mission College Prep high school programs, the
San Luis Obispo Seahawks swim team, and SCUBA on a daily basis. August is the traditional
time for the SLO Swim Center to close, upon completion of lessons and recreation swimming.
Typically, the closure will last about two weeks and is scheduled to miss the peak summer use
period. Users have been notified of this potential impact by staff with promises of precise date
upon construction contract award.
The therapy pool is planned to remain open to the public during the Pool's construction period.
This will allow patrons to utilize the therapy pool for some private youth swim lessons and other
general therapeutic uses. This will also allow the Parks and Recreation staff to retain some
lifeguards for when the Pool reopens — as it is important to retain trained and experienced guards.
Since the duration of the closure is four months, Parks and Recreation staff anticipates that some
users may shift to other area facilities and that we could experience some customer base changes
at reopening.
While this type of lengthy maintenance project has a disruptive impact on the regular users of
SLO Swim Center, it is essential to preventing an emergency shutdown of the facility in the
event of a pool shell failure or bacterial contamination. This project has been scheduled in an
attempt to minimize the number of users affected. The City has a number of dedicated year -
round swimmers, so any closure for necessary maintenance will impact members of the public.
The project specifications include some elements to expedite the project, including liquidated
damages of $800 for each day work continues past the scheduled project finish date. The amount
accounts for the cost of staffing the project longer and the lost revenue resulting from the
extended pool closure.
Staff is requesting authorization to pay for project acceleration via a change order, in the event
bids come in sufficiently low to leave adequate funds for that effort. Staff will work with the
contractor, after schedule submittal, to determine where acceleration is feasible and effective in
providing an earlier finish date. Staff believes restoring pool availability as soon as possible is
important to all the affected programs and users, in addition to retaining the pool's clientele.
Costs associated with acceleration would be handled within the City's purchasing policy
guidelines for construction contract change orders.
Impacts of a Pool Closure During the Drought
The Pool contains approximately 600,000 gallons of water. One of the first tasks during
construction will be to drain the Pool's water into the City's sanitary sewer. During this current
Packet Pg. 144
Sinsheimer Pool Replaster and Retile, Specification No. 91208 Page 3
drought year this could understandably be perceived by the public as a significant and avoidable
loss of water. Unfortunately, although the Pool's chlorine amounts can be reduced, the water has
a very high salt concentration as a result of the chemical stabilization used to keep it clean and
clear for swimming. This high salt level is detrimental to most vegetation, including turf, and can
kill some plants. Pools are typically drained to the sanitary sewer, which is what is planned for
this project. The City's advanced treatment capabilities will enable the water to be returned to the
community for use through the recycled water program.
Although the Pool requires 600,000 gallons to be full and operational, it should be noted that the
biggest user of water at the SLO Swim Center is not the pool itself but the users who shower
before and after their swims. The City is expected to save over 1.5 million gallons of water
during the closure of the main pool through the construction period. This savings is the result of
reduced shower and some Pool water use that ordinarily occurs. While swimmers will obviously
be impacted by a temporary loss of this facility, the water savings will help the City comply with
the Sto a m 117aft-r 011f an.i mnlrt- „n fnr 1-1i;- lncc of fit- inn 00f) anllnnc t-mnft-rl r mandated
from the pool. The net impact is therefore an expected savings of 900,000 gallons of water.
CONCURRENCES
The scheduling of this project has the concurrence of the City's Parks and Recreation
Department. The project has received a Notice of Exemption and is categorically exempt from
environmental review as it is a repair of an existing facility.
FISCAL IMPACT
This project is identified on pages 3 -425 to 3 -427 of the 2013 -15 Financial Plan. The project
includes a construction budget of $255,000 and $55,000 for construction management services.
Additional construction funding of $266,000 and $24,000 is proposed in the 2015 -17 Financial
Plan to support this project. If approved, this additional funding will bring the total funding
available to $521,000 for construction and $79,000 for construction management services.
The estimated project cost increase for this project is due to a more thorough and detailed cost
analysis. It is not uncommon for preliminary cost estimates to increase as the design progresses.
In addition, the final estimated project cost for this project includes additional work not
identified in the preliminary estimate.
The proposed project will not be awarded until after the start of the new fiscal year. If Council
approves the additional funding for this project requested in the 2015 -17 Financial Plan, the
award of the project will be processed. If the additional funding is not approved or if funding is
approved but not sufficient to support this project's needs, staff will recommend rejection of
bids.
The project is recommended for approval to advertise in advance of final budget adoption to
allow the start of construction to occur during the month of August. This start date coincides
with the annual routine maintenance of pool equipment and is when swim center usage is lowest.
Packet Pg. 145
Sinsheimer Pool Replaster and Retile, Specification No. 91208 Page 4
Estimated Piroiect Cost
Construction Estimate: $443,000
Contingencies: $74,000
Material Testing: $3,500
P1-intii1�.Y: $500
Total Estimates Project Cost: $521,000
ATTACHMENTS
Vicinity Map
AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE
Plans and Specifications
bcouncil agenda reports \201 512 01 5 -06 -021sinsheimer pool replaster and relile spec. 91208(gdgsby- gunman) \91208 advertise - sinsheimer pool replaster & n=tile.doc
Packet Pg. 146
AGREEMENT
THIS AGREEMENT, made on this day of , 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 CONDOR, 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
SINSHEIMER PARK POOL REPLASTER AND RETILE, SPECIFICATION NO. 91208
in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by
the, in cfrir+ rmm�linnra With +ha rnn +rar+ nnri imantc harainn ar ani imarntarl
. ,, shi ". .r,. .. ....,, H ..,. ... ...,...,,....e. .... ..
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
Quantit y
Item Price
(in figures)
Total
in figures)
1
Dewatering
LS
1
$1,000.00
$1,000.00
2
Demolition
LS
1
$130,000.00
$130,000.00
3
Drain Grate & Sump
EA
2
$3,000.00
$6,000.00
4
Plumbing
LS
1
$25,000.00
$25,000.00
5
Pool Flooring Concrete
SQFT
384
$40.00
$15,360.00
6
Tile
LS
1
$164,000.00
$164,000.00
7
(S) Plastering
LS
1
$63,000.00
$63,000.00
8
Waterproofing
LS
1
$9,000.00
$9,000.00
9
Light Fixture
EA
28
$2,200.00
$61,600.00
10
Electrical
Crack Repairs
LS
LS
1
1
$3,000.00
$4,000.00
$3,000.00
$4,000.00
11
12
Rebar Repairs
EA
25
$60.00
$1,500.00
13
Pool Expansion Joint Repair
LS
1
$4,000.00
$4,000.00
BID TOTAL: $487,460.00
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.
Packet Pg. 147
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.
2. 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:
Anthony Mejia, City Clerk
APPROVED AS TO FORM
J. Christine Dietrick, City Attorney
Rev. 12 -28 -09
CITY OF SAN LUIS OBISPO
A Municipal Corporation
Jan Howell Marx, City Mayor
CONTRACTOR:
Condor Inc.
By:
Fred Weiss
Its: President
Racket Pg. 148
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