HomeMy WebLinkAboutHA36860 - Re-pipe Bldg 11 at One Quail Pl AptsSTAFF REPORT
PALM DESERT HOUSING AUTHORITY
HOUSING DEPARTMENT
MEETING DATE: May 24, 2018
PREPARED BY: Jessica Gonzales, Senior Management Analys
REQUEST:
Recommendation
CONTRACT NO. HA36860
Authorize the award of Contract No. HA36860 to New Construction
Solutions, Inc. for Plumbing Re -pipe for Building No. 11 at One Quail
Place Apartments in a total amount of $126,240.
By Minute Motion, that the Authority Board,
1) Waive any and all irregularities and authorize the award of Contract No.
HA36860 to New Construction Solutions, Inc. for Plumbing Re -pipe for
Building No. 11 at One Quail Place Apartments. The contract will be in a
total amount of $126,240; and
2) Authorize the Director of Finance to set aside 20% contingency of $25,248
for unforeseen conditions; and
3) Authorize the Executive Director or designee to review and approve
written requests for the use of the contingency amount of $25,248 for
unforeseen conditions; and
4) Authorize the Executive Director and/or the Chairman to execute the
negotiated contract and any documents necessary to facilitate the contract
award and project.
Monies are available in the Authority's capital replacement budget.
Housing Commission Recommendation
The Housing Commission reviewed this recommendation at its regular meeting of May
9, 2018, and unanimously recommended approval of the staff recommendation.
Strategic Plan
This request does not apply to a specific strategic plan goal.
May 24, 2018 — STAFF REPORT
Housing Authority — Authorize award of contract to New Construction Solutions, Inc.
Page 2 of 3
Background Analysis
A notice inviting proposals for Plumbing Re -pipe for Building No. 11 at One Quail Place
Apartments ("Project") was advertised in the local newspaper on March 18, 2018 and
March 28, 2018. The proposals were to be opened on Tuesday, April 22, 2018 at 2:00
p.m., but no proposals were received, even though several interested contractors
obtained a bid package and attended the mandatory pre -bid meeting for the Project.
On April 27, 2018, the Authority received a late bid from New Construction Solutions,
Inc. ("New Construction"). The Authority awarded a bid to New Construction for similar
work in December 2016. New Construction informed Authority staff that they noted an
incorrect submittal deadline on their calendar and requested that the Authority consider
the bid since he has completed similar work for the Authority in the past. New
Construction's bid is as follows:
New Construction Solutions, Inc. La Quinta, CA
$126,240
Although New Construction's bid was late, New Construction's bid meets the
qualifications for the Project and is in line with past proposals with the exception of the
additional costs related to the rock creek along the back of the building. Staff has
reviewed and determined that the proposed costs are reasonable based on previous
bids and work completed.
Staff recommends that the Authority Board waive the missed deadline irregularity and
any other irregularities and award the contract to New Construction for the Project in the
total amount of the base bid of $126,240 with a 20% contingency reserved for any
additional unforeseen conditions necessary to be completed not to exceed $25,248.
Staff also recommends that the Executive Director be authorized to review and approve
written requests for the use of the contingency for unforeseen conditions that require
additional work.
Fiscal Analysis
The fiscal impact of this contract is the cost of the contract itself in the amount of
$126,240 plus 20% contingency in the amount of $25,248 (if used for unforeseen
conditions) which will be paid from the Authority's capital replacement budget.
May 24, 2018 — STAFF REPORT
Housing Authority — Authorize award of contract to New Construction Solutions, Inc.
Page3of3
LEGAL REVIEW DEPT. REVIEW
FINANCIAL
REVIEW
bert W. Hargreaves (anet Moore ' Ja'net Moore
ity Attorney Director of Finance Director of Finance
CONTRACTOR: New Construction Solutions, Inc.
P.O. BOX 1436
La Quinta, CA 92247
ATTACHMENTS: Bid Form (Exhibit B)
Draft Agreement
CITY MANAGER
c-
Lauri Aylaian
City Manager
BY riOUSG AIJTFE J
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VERIFIED BY:
Original on Tile with Citv Crr?s' Offio
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Gonzales, Jessica
From: Robert Hargreaves <Robert.Hargreaves@bbklaw.com>
Sent: Monday, May 14, 2018 12:55 PM
To: Gonzales, Jessica
Subject: Re: Staff Report
It's approved. You are authorized to initial on my behalf.
Robert Hargreaves
Partner
robert.hargreaves@bbklaw.com
T: (760) 837-1604 C: (760) 861-0347
www.BBKlaw.com 021 ter
On May 14, 2018, at 12:20 PM,"jgonzales@citvofpalmdesert.org"<igonzales@citvofpalmdesert.org> wrote:
Hi Bob,
The attached staff report was submitted to be considered by the Authority Board for approval at the
next meeting of May 24th. Lauri A. would like you to sign the staff report. Please let me know the best
way to provide or make the staff report available for your signature in order to submit it.
Thank you.
<image006.jpg>
Jessica Gonzales
Senior Management Analyst
Ph: 760.346.0611 Direct: 760.776.6410
jonzales@ cityofpalmdesert.org
<image003.jpg>
www.cityofpalmdesert.org<image004.jpg><image005.jpg>
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i
4 8 EA
5 1 LS
6 1 LS
ADDENDUM No. 2
BID FORM
REVISED BID FORM
April 20, 2018
NAME OF BIDDER: NEW CONSTRUCTION SOLUTIONS INC.
The undersigned, hereby declare that we have carefully examined the location of the
proposed Work, and have read and examined the Contract Documents, including all
plans, specifications, and all addenda, if any, for the following Project:
Plumbing Re -pipe Services for Building 11 at One Quail Place Apartments
Contract No. HA36860
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and
services, and to discharge all duties and obligations necessary and required to perform
and complete the Project in strict accordance with the Contract Documents for the
SUBMITTED TOTAL BID PRICE.
In the event the bid schedule requires unit pricing, final payment shall be determined by
the Authority from measured quantities of work performed based upon the unit price.
Item Approximate Units Description Unit Cost Total Amount
No. Quantity
1 1 LS Mobilization/Demobilization $ 19,000.00 $ 19,000.00
2 1 LS Re-route Cold/Hot Water Overhead
Bldg. 11 $39,900.00 $39,900.00
3 44 EA Replace All Angle Stops And Supply
Lines $ 85.00 $ 3,740.00
Replace All Tub And Shower Valves
for each Restroom
Re-route Cold/Hot Water Supply And
Return Lines Bldg. 11
Install four (4) Yard Boxes And
Eight (8) Isolation Valves For
Hot/Cold Water Supply Lines that
service every four (4) units.
Install Yard Box And Isolation
Valves from boiler for Hot Water
7 3 EA Supply Lines to each building
!Building No. 10. 11 and 13 aka
1000, 1100 and 1300),
Bidders must provide pricing for every bid item.
SECTION 00400
BID FORM
11
77802 00000/2443 l 586 2
$ 1,400.00 $ 11,200.00
$42,000.00 $42,000.00
$ 4,100.00 $ 4,100.00
$ 2,100.00 $ 6,300.00
ADDENDUM No. 2
BID FORM
The estimated quantities for unit price items are for purposes of comparing bids only
and the Authority made no representation that the actual quantities of work performed
will not vary from the estimates.
In case of discrepancy between the unit price and the line item cost set forth for a unit
price item, the line item cost, calculated at the unit price multiplied by the estimated
quantity, shall prevail and shall be utilized as the basis for determining the lowest
responsive, responsible bidder. However, if the amount set forth as a unit price is
ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same
amount as the entry in the "Line Item Cost" column, then the amount set forth in the
"Line Item Cost" column for the item shall prevail and shall be divided by the estimated
quantity for the item and the price thus obtained shall be the unit price. If any of the
above discrepancies exist, the Authority may recalculate the bid price on the basis of
the unit price and the bidder agrees to be bound by such recalculation. Final payment
for unit price items shall be determined by the Authority from measured quantities of
work performed based upon the unit price.
TOTAL BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES):
$ 126,240.00
Total Bid Price in Numbers
ONE HUNDRED TWENTY SIX THOUSAND TWO HUNDRED FOURTY AND NO CENTS.
Total Bid Price in Written Form
In case of discrepancy between the written price and the numerical price, the written
price shall prevail.
The undersigned agrees that the bid accompanied by this Bid Form constitutes a firm
offer to the Authority which cannot be withdrawn for the number of calendar days
indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract
for the Work is fully executed by the Authority and a third party, whichever is earlier.
If the Contract Documents specify alternate bid items, the Alternate Additive or
Deductive Bid amounts shall be added to or deducted from the Total Bid Price at the
Authority's sole option. The Authority can choose to include one or more of the
Alternate Bids in the Project. If any of the Alternate Bids are selected by the Authority,
the resulting amount shall be added to or deducted from Total Bid Price for the Project.
The Authority may select one or more of the Alternate Bids at the stated Bid Price up to
sixty (60) days following award of the Contract. The Authority can award/select
Alternate Bid items at any time(s).
SECTION 00400
BID FORM
12
77802 00000'24431586 2
ADDENDUM No. 2
BID FORM
The Contract duration shall commence on the date stated in the Authority's Notice to
Proceed, and shall be completed by the Contractor in the time specified in the Contract
Documents. In no case shall the Contractor commence construction prior to the date
stated in the Authority's Notice to Proceed, or before providing the required bonds and
evidence of insurance.
Bidder certifies that it is licensed in accordance with the law providing for the registration
of Contractors, License No. 813 954 , Expiration Date 5/31/2019 , class of license
A, B, C10, C35Bidder certifies that it is registered with the Department of Industrial Relations to
perform public work, Registration No. 1000024674 . If the bidder is a joint venture, each
member of the joint venture must include the above information.
The undersigned acknowledges understanding and full consideration of the
electronically issued addenda to the Contract Documents.
1. Attached is the required bid security in the amount of not less than 10% of
the Total Bid Price.
2. Attached is the fully executed Non -Collusion Declaration form.
3. Attached in the completed Designation of Subcontractors form.
4. Attached is the completed Bidder Information Form.
5. Attached is the completed Iran Contracting Act Certification.
6. Attached is the completed Contractor's Certificate Regarding Workers'
Compensation form.
I hereby certify under penalty of perjury under the laws of the State of California, that all
of the information submitted in connection with this Bid and all of the representations
made herein are true and correct.
Name of Bidder NEW CONSTRUCTION SOLUTIONS INC
Signature
Name and Title ISMET MERABET ( PRESIDENT).
Dated /, 2 L2 Sf
i
SECTION 00400
BID FORM
13
77802 00000`24431586 2
SECTION 00400
BID FORM
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California
) SS.
County of Riverside
On (-,1;{,, 20 CI, before me, C.. Y , tt t+. r',. ' Al C, a
i1
iy�i'rJ, ��y y-�t I�
Notary Public; personally appeared `- ('A2_nro !; 7 .` , who
proved to me on the basis of satisfactory evidence to be the person( whose names
is/&subscribed to the within instrument and acknowledged to me that heittiV
executed the same in his/fWWt°>`fh -authorized capacity4, and that by his/tt ft eit\
signature()( on the instrument the person(), or the entity upon behalf of which the
persong4 acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. 1
/ 1
Signature
END OF BID FORM
SECTION 00400
BID FORM
-14-
0. K. MERABET
Commission 0 2143722
Notary Public - California
Riverside County
My Comm. Ex•pires Feb 21, 2020 r,
77802 00000`24431586 2
DRAFT FOR DISCUSSION - CONTRACT No. HA36860
CONTRACT
THIS CONTRACT is made this 24th day of May, 2018, in the County of
Riverside, State of California, by and between the Palm Desert Housing Authority,
hereinafter called Authority, and New Construction Solutions, Inc., hereinafter called
Contractor. The Authority 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 in 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:
Plumbing Re -pipe Services for Building 11 at One Quail Place Apartments
Contract No. HA36860
The Contractor and its surety shall be liable to the Authority for any damages arising as
a result of the Contractor's failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of
the Work. The Work shall be commenced on the date stated in the Authority's Notice to
Proceed. The Contractor shall complete all Work required by the Contract Documents
within 90 calendar days from the commencement date stated in the Notice to Proceed,
hereinafter the Contract Time. By its signature hereunder, Contractor agrees the
Contract Time for completion set forth above is adequate and reasonable to complete
the Work.
ARTICLE 3. CONTRACT PRICE. The Authority 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 One Hundred and Twenty-six Thousand Two Hundred Forty
Dollars ($126,240), hereinafter the Contract Price. Payment shall be made as set forth
in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the
Authority will sustain actual damages for each and every day completion of the Project
is delayed beyond the Contract Time. Because of the nature of the Project, it would be
impracticable or extremely difficult to determine the Authority's actual damages.
Accordingly, as provided in Government Code section 53069.85, it is agreed that the
Contractor will pay the Authority the sum of $350.00 for each and every calendar day of
delay in completing the Work 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 the Liquidated Damages are not paid, the Contractor agrees the Authority may
deduct that amount from any money due or that may become due the Contractor under
the Contract. This Article does not affect the Authority's rights to other damages or
remedies specified in the Contract Documents or allowed by law.
SECTION 00500
CONTRACT
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77802 00000\24431586 2 Palm Desert Housing Authority - Plumbing Re -pipe Services for Building 11 at One Quail Place Apartments
DRAFT FOR DISCUSSION - CONTRACT No. HA36860
SECTION 00500
CONTRACT
Should Contractor be inexcusably delayed in the performance of the Work, Authority
may deduct Liquidated Damages based on its estimate of when Contractor will achieve
Final Completion or other milestones. Authority need not wait until Final Completion to
withhold Liquidated Damages from Contractor.
Liquidated Damages are not a penalty but an agreed upon estimate of the actual
damages that would be sustained by the Authority for delay, including but not limited to
Toss of revenue, inconvenience to the Authority and the public, and increased Project
administration expenses, such as extra inspection, construction management, staff time
and architectural and engineering expenses. Liquidated Damages do not include actual
damages the Authority incurs on account of claims by third parties against the Authority
on account of any delay.
Should money due or to become due to the Contractor be insufficient to cover
Liquidated Damages or other offsets due, then Contractor forthwith shall pay the
remainder of the assessed liquidated damages to Authority.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents"
include the following documents, each of which is incorporated into this Contract by
reference:
• Notice Inviting Bids
• Instructions to Bidders
• Bid Form
• Contractor's Certificate Regarding Workers' Compensation
Bid Bond
• Non -Collusion Declaration form
• Contractor Information and Experience Form
• List of Subcontractors Form
• Iran Contracting Act Certification
• Contract
• Performance Bond
• Payment Bond
• Environmental documents and approvals
• General Conditions
• Special Conditions
• Technical Specifications (including Appendices)
• Addenda
• Permit Requirements
• Plans and Drawings
• Approved and fully executed change orders
SECTION 00500
CONTRACT
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77802 00000124431586 2 Palm Desert Housing Authority - Plumbing Re -pipe Services for Building 11 at One Quail Place Apartments
DRAFT FOR DISCUSSION - CONTRACT No. HA36860
SECTION 00500
CONTRACT
• Standard Specifications for Public Works Construction (Greenbook), 2012 Edition,
except Sections 1-9
• 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 Public Contract Code applicable to
this Project.
If the Work involves federal funds, the Contractor and all its subcontractors shall comply
with all requirements set forth in the attached Federal Requirements.
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 the Authority's offices, 73510 Fred Waring Drive, Palm Desert, California,
92260,or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be
posted at the job site.
ARTICLE 9. NOTIFICATION TO AUTHORITY. Contractor acknowledges that the
Authority provides forty-eight (48) hours -notice to residents in advance of the start of
any Work that is to occur at any residential unit. Contractor shall provide sufficient
notice to the Authority before beginning any such Work so that the Authority may
provide timely notice to residents. The Authority shall be given at least 48 hours -notice
prior to the creation of any condition affecting pedestrian paths of travel. Contractor
shall continuously inform Authority of the progress of the Work or of any impacts of the
Work upon residential units or facilities.
ARTICLE 10. LOCAL LICENSES AND PERMITS. Unless the Contract Documents
state otherwise, Contractor shall be responsible for securing City of Palm Desert
business license(s), building permits, and any other licenses or permits necessary to
perform the Work.
SECTION 00500
CONTRACT
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77802 00000\24431586 2 Paim Desert Housing Authority - Plumbing Re -pipe Services for Building 11 at One Quail Place Apartments
DRAFT FOR DISCUSSION - CONTRACT No. HA36860
SECTION 00500
CONTRACT
IN WITNESS WHEREOF, this Contract has been duly executed by the above -named
parties, on the day and year above written.
NEW CONSTRUCTION SERVICES, INC. PALM DESERT HOUSING AUTHORITY
By By
Name and Title:
Contractor's License No.
DIR Registration No.
Sabby Jonathan, Chairman
ATTEST:
Rachelle D. Klassen, Secretary
APPROVED AS TO FORM:
Robert W Hargraves, City Attorney
SECTION 00500
CONTRACT
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77802 00000124431586 2 Palm Desert Housing Authority - Plumbing Re -pipe Services for Building 11 at One Quail Place Apartments