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HomeMy WebLinkAboutAwrd - C28790 - DW Irrigation Pump Statn Filtration Systm (8/27/09) CITY OF PALM DESERT STAFF REPORT REQUEST: AUTHORIZE AWARD OF CONTRACT NO. C28790 TO VARIABLE SPEED SOLUTIONS, INC. FOR THE DESERT WILLOW IRRIGATION PUMP STATION FILTRATION SYSTEM PROJECT SUBMITTED BY: HEATHER BUCK, PROJECT COORDINATOR CONTRACTOR: VARIABLE SPEED SOLUTIONS, INC. 16932 GOTHHARD, UNIT A HUNTINGTON BEACH, CA 92647 DATE: AUGUST 27, 2009 CONTENTS: CONTRACT NO. C28790 RESOLUTION NO. 09-40 Recommendation: By Minute Motion, that the City Council: 1. Authorize the award of Contract No. C28790 in the amount of $171,910 to Variable Speed Solutions, Inc. for the recycled water filtration system upgrade at Desert Willow; 2. Authorize the Finance Director to set aside the amount of $17,191 as 10% contingency (use of contingency requires additional action); and 3. Funds are available in Account No. 241-4195-495-8092. Executive Summarv: Approval of this item will award a contract to Variable Speed Solutions, Inc. (VSS) in the amount of $171,910 for the Desert Willow filtration system upgrades to both existing irrigation pump stations. Construction of this project will ensure compatibility with the existing pump stations and protect the pump stations and golf course irrigation system from damage due to higher concentrations of silt in the reclaimed water delivered by CVW D. Discussion: The Coachella Valley Water District (CVWD) recently informed the City that All American Canal water is being used to supplement reclaimed water to irrigate the golf Staff Report Authorize Award of Contract No. C28790 to Variable Speed Solutions — Desert Willow Irrigation Pump Station Filtration System Project Page 2 of 3 August 27, 2009 courses. The water is transported through the Mid-Valley Pipeline. The All American Canal water is delivered to the plant at Cook Street where it is blended with existing recycled water. The canal water has a higher concentration of silt and dissolved soils. In order to protect the two Desert Willow pump stations and irrigation system, the City Council authorized staff to bid the project with an authorization for the City Manager to award a contract up to $80,000 (one pump station). In the fall of 2008, staff requested qualifications from contractors to install the filtration system upgrades on the two existing Desert Willow pump stations. Installation of filters on both pump stations is essential to protect both golf course irrigation systems and plant materials. A total of six companies responded to the request for qualifications. With the assistance of David Yoshimura, the City's Irrigation Consultant, three contractors were pre-qualified and were subsequently invited to bid. After review of the bids and the specifications, staff determined that there was some ambiguity in the specifications that would potentially allow for alternate products to be installed that may not be compatible with the existing pump stations. In order to ensure compatibility with the existing pump station, a sole source specification was recommended. On June 11, 2009, City Council authorized staff to reject all bids and rebid the project with a sole source specification (Resolution 09-40 attached). On June 16, 2009, the plans and specifications for the filter upgrade project for both pump stations (north and south courses) were sent to two of the three pre-qualified contractors. The third pre-qualified bidder notified staff that it was no longer in business. Though a sole source system was specified, staff met with one of the pre-qualified bidders (Cloudburst Engineering, Inc.) during the bidding process to discuss the potential substitution of several components of the pump station filtration system. On July 17, 2009, sealed bids were opened by the City Clerk. Below is a summary for the bids received. Company Name City Bid Variable Speed Solutions Huntington Beach, CA $171,910.00 After review of the bid(s) and the specifications, VSS, based in Huntington Beach, California, was the lowest responsive bidder. The bid received from VSS is $4,538.00 lower than the bid they submitted at the May 26th bid opening. The substitutions proposed during bidding and the sealed bids were reviewed with the City's irrigation consultant, Fairway Irrigation Design, who recommended that staff follow the sole source specification in order to maintain the serviceability and G:\rda\Heather Beck\Desert Willow\DW Fil[er Pump\Staff Reports\082709DWfltersystemawardcontracLdoc Staff Report Authorize Award of Contract No. C28790 to Variable Speed Solutions - Desert Willow Irrigation Pump Station Filtration System Project Page 3 of 3 August 27, 2009 compatibility of the system components. Staff recommends the same. A summary of the rationale for upholding the sole source specification is listed below: • The engineering specifications of the components will be supplied and guaranteed to be compatible with the existing pump station by Flowtronex (original manufacturer); • Maintenance personnel will be able to utilize existing software and training and maintain all the features currently in use for monitoring the system; • The engineering drawings prepared by Flowtronex will ensure proper compatibility and serviceability of the finished filter retrofit; and • Installation of non-Flowtronex parts may result in the inability of Flowtronex to service or support any problems in the installation and operation of the system, or the potential for increased service costs. Staff recommends approval of a contract with Variable Speed Solutions, Inc. in the amount of$171, 910 to retrofit both pump stations with filtration systems. Submitted by: , �ti�-- "� � �.� Heather Buck, Project Coordinator artin Alvarez, Rede elopment Mgr. Department Head: Approval: ,.-- - �.�. c_ D e Yrigoyen'r J i McCarthy, ACM e elopment Director of development/Housing Ap al� _ C�lit�-�^^-,� J M. Wohlmuth, City Manager Paul S. Gibson, Director of Finance CITY COUNCILAC�iON APPROVED � DFNtED RECEIVED OTHER MEETI G D AYF,S: " . �c� n , � / N4ES: � ABSENT: . � __ ABSTAIN: rn VERIFIED BY: /Y1 7 --_ _- ___ G:\rda\Heather Beck\Desert Willow\DW Filt�aicu�L4faf���tg��(1�yiYeY9ips�y� GppYat§dp,e M•Ce (7gI7I c�'1'll�� C.n�� tlfI( V11� CONTRACT NO. C28790 SECTION 00500 AGREEMENT THIS AGREEMENT is made and entered into this 27T" day of Au ust, 2009, by and between City of Palm Desert, California; hereafter called_"OWNER," and Variable Speed Solutions, Inc. hereinafter called "CONTRACTOR." WITNESSETH RECITALS: CONTRACTOR has submitted to OWNER its CONTRACTOR's Proposal for the construction of OWNER's Project, 1. Desert Willow Irrigation Pump Station Filtration Svstem, CONTRACT NO. C-28790 in strict accordance with the Contract Documents identified below and OWNER has accepted said Proposal, inclusive of the base bid plus the following additive and/or deductive alternates: None. 2. CONTRACTOR states that it has re-examined its CONTRACTOR's Proposal and found it to be correct, has ascertained that its subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of fhe following: (a) The Notice Inviting Sealed Bids �Section 00200]; (b) The Instructions to Bidders �Section 00300]; (c) Bid [Secfion 00400J; (d) Bid Schedule (Section 00410]; (e) The Bid Guaranfy Bond (Section 00420]; (� Designation of Subcontractors [Section 00430J; (g) Schedule of Manufacturers and Suppliers, Major Equipment, and Material Items (Section 00440]; (h) Non-Collusion Affidavit �Secfion 00450], Certification of Bidder and Qualifications (Section 00470]; (i) The Agreement (Section 00500]; (j) Liability and lnsurance Requirements (Section 00600]; (k) Specia/ Insurance Endorsement (Section 00610]; (I) The Faithful Performance Bond �Section 00620J; (m) The Payment Bond �Section 00640]; (n) The Supplementary Conditions; (o) the Genera/ Conditions; (p) Modifications to General Conditions (Section 00810]; (q) The Plans; (r) Addenda Nos. 1 and 2; (s) Any Change Orders issued; (t) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documenfs presently in existence are by fhis reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. City of Palm Desert Agreement DW Irrigation Filtration System Page 1 G\rda\Heather Beck\Desert Willow\DW Filter Pump\Staff Reports\Contracl No C28790 Agreementdocx CONTRACT NO. C28790 2. CONTRACTOR shall provide project submittals and the materials list within ten (10) consecutive calendar days from the date specified in the Notice to Proceed, shall provide the Owner with proof that the equipment order has been placed within (10) days of receipt of approved submittals and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents. The Contractor will complete said work within fourteen (14) consecutive calendar days from the date all equipment necessary for installation is received by the contractor to the satisfaction of the Owner's Representative. 3. That the CONTRACTOR agrees to indemnify, defend, and hold harmless the OWNER, and its officers, and employees, the IRRIGATION CONSULTANT, Owner's Representative from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, material men, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement. 4. Attention is directed to Section 00700-6.5, "Liquidated Damages" of the General Conditions. Liquidated damages shall be $1,000.00 dollars per calendar day of delay. 5. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the OWNER or the CONTRACTOR, should be entitled to a reasonable sum for attorney's fees and costs incurred in any such litigation relating to this Contract. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. CONTRACTOR shall be paid in the manner set forth in the Contract Documents the amount of its proposal as accepted by OWNER, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. 8. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes CONTRACTOR's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes CONTRACTOR's certification as follows: "I am aware of the provisions of Section 3700 of the California 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 contract." City of Palm Desert Agreement DW Irrigation Filtration System Page 2 G:\rda\Heather Beck\Desert Willow\DW Filter Pump\Staff Reports\Contract No C28790 Agreement.docx CONTRACT NO. C28790 IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CITY OF PALM DESERT "CONTRACTOR" (signature to be notarized) BY: BY: Mayor Title Attest: Attest: Rachelle Klassen, City Clerk Approved as to Form: Title City Attorney ***END OF SECTION*** City of Palm Desert Agreement DW Irrigation Filtration System Page 3 G:\rda\Heather BecklDesert Willow\DW Filter Pump\Staff Reports\Contrect No C28790 Agreemenldocx CONTRACT NO. C28790 SECTION 00620 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, the City of Palm Desert, hereinafter designated the "Owner," has, on Auqust 27`h, 2009, awarded to Variable Speed Solutions, hereinafter designated as the "Principal," a Contract for the construction of Desert Willow Irriqation Pump Station Filtration Svstem, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, WE, the Principal, and , as Surety, are held and firmly bound unto the Owner the penal sum of One Hundred Seventv-one Thousand Nine Hundred Ten dollars ($171,910), plus reasonable attorney fees and costs, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, it or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on it or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for a one-year warranty period, during which time this bond remains in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of , 200_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. City of Palm Desert Agreement DW Irrigation Filtration System Page 4 G:\rda\Heather Beck\Desert Willow\DW Filter Pump\Staff Reports\Contract No C28790 Agreement.docx CONTRACT NO. C28790 City of Palm Desert Agreement DW Irrigation Filtration System Page 5 G:\rda\Heather Beck\DeseR Willow\DW Filter Pump\Staff Reports\Contracl No C28790 Agreement.docx CONTRACT NO. C28790 Principal (Seal) Signature of Principal Title of Signatory Surety (Seal) Signature for Surety Title of Signatory ***END OF SECTION*� City of Palm Desert Agreement DW Irrigation Filtration System Page 6 G:\rda\Heather Beck\DeseR Willow\DW Filter Pump\Staff Reports\Contrect No C28790 Agreement.docx CONTRACT NO. C28790 SECTION 00630 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, the City of Palm Desert, hereinafter designated as the "Owner," has, on Auqust 27, 2009, awarded to Variable Speed Solutions, Inc., hereinafter designated as the "Principal," a Contract for the construction of Desert Willow Irrigation Pump Station Filtration System, and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and , as Surety, are held and firmly bound unto the Owner the penal sum of One Hundred Seventv- one Thousand Nine Hundred Ten Dollars ($171,910) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. City of Palm Desert Agreement DW Irrigation Filtration System Page 7 G:\rda\Heather Beck\Desert Willow\DW Filter Pump\Staff Reports\Contract No C28790 Agreement.docx CONTRACT NO. C28790 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature of Principal Surety (Seal) Signature for Surety ***END OF SECTION** City of Palm Desert Agreement DW Irrigation Filtration System Page 8 G:\rda\Heather Beck\Desert Willow\DW Filter Pump\Staff Reports\Contract No C28790 AgreemenLdocx � � RESOLUTI�N NO. 09-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM � DESERT, CALIFORNIA, FINDING AND DETERMINING THAT FLOWTRONEX PSI, INC. OF DALLAS, TEXAS, IS A SOLE SOURCE FOR THE DESERT WILLOW FILTRATION PUMP PROJECT The City Council of the City of Palm Desert, California (hereinafter referred to as the "City Council") does resolve as follows: WHEREAS, the City of Palm Desert ("City") plans to undertake a public project to install a retrofitted automatic filter system on an existing fully automatic variable speed pumping system for turf irrigation at the Desert Willow Golf Resort, which project is called the Desert Willow Irrigation Pump Station Filtration Project (hereinafter referred to as - "Project"); and WHEREAS, the existing irrigation and pumping system at the Desert Willow Golf Resort is manufactured by Flowtronex PSI Inc. of Dallas, Tex�s; and WHEREAS, the City desires to ensure that the materials and equipment used for the Project match and are compatible with the existing Flowtronex PSI Inc. irrigation system in use at the Desert Willow Golf Resort; and WHEREAS, California Public Contract Code section 3400 authorizes the City to designate a particular brand name or proprietary product, equipment or material, i.e. sole source, if the City Council finds that the particular brand name or proprietary product is required in order to match other products in use on a particular public improvement either completed or in the course of completion; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1. It is necessary to require for use on the Project irrigation system materials and equipment manufactured by Flowtronex PSI Inc. of Dallas, Texas, for the purpose of matching the existing Flowtronex PSI Inc. irrigation and pumping system existing in use at the Desert Willow Golf Resort. RE�OLl1TlOh1 NO. 09-40 PASSED,APPROVED AND ADOPTED this 11 th day of June, 2009 by the following vote to wit: AYES: BENSON, FERGUSON, FINERTY, KELLY, and SPIEGEL NOES: NONE ABSENT: NONE . ABSTAIN: NONE � o �� ROBERT A. SPIE L, A OR ATTEST: R HELLE D: LASS� , CITY CLERK CITY OF PALM DESERT, �ALIFORNIA � 2