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HomeMy WebLinkAbout10 Water Wise Demonstration Agenda Item # 10 Public Utility District ACTION To: Board of Directors From: Steven Poncelet Date: September 02, 2009 Subject: Consideration of Adopting a Resolution to Dispense with Further Competitive Bidding in Relation to the Water Wise Demonstration Garden and Award of a Contract 1. WHY THIS MATTER IS BEFORE THE BOARD This item involves adopting a resolution to dispense with further competitive bidding and awarding a contract for the installation of the TDPUD Water Wise Demonstration Garden. 2. HISTORY Landscaping and irrigation water use are becoming increasingly important as the District moves from a flat water rate to a new rate structure where customers pay for the water that they use. The impact on irrigation use on water bills has been discussed often during the Water Meter Project and during the water rate workshops. To help customers manage their irrigation water use, and to provide 'water-wise' alternatives, the District is installing a TDPUD Water Wise Demonstration Garden project. This garden, located at the District's main office, will include a lawn replacement with a bunch grass/dry stream bed design, native and drought tolerant vegetation, and water-efficient irrigation. A Board workshop was held on July 1st where the design of the garden and the project implementation plan were presented and discussed. This included the District procuring the plants, materials, and irrigation equipment as per our purchasing requirements with the installation of the garden going through a public works bid process. 3. NEW INFORMATION A bid opening for the installation of the TDPUD Water Wise Demonstration Garden was held on Thursday, August 13th. No bids were received. Staff contacted the potential bidders who had attended the mandatory pre-bid meeting and who had expressed interest in bidding the project to get feedback on why they did not bid. In general, the potential bidders were dissuaded by the rigidness of the public bidding process in terms of their ability to propose improvements to the project, concerns over the District's procurement of a bulk of the materials and plants, the costs associated with a public works project, and their ability to effectively do some of the demolition and earthwork that we required in the scope of work. District code does allow for dispensing of the competitive bid process if the Board determines that the District would not receive any benefit from a competitive bid process. The primary reason for dispersing with competitive bidding is the fact that no bids were received on the original request for bids. A draft Resolution is included as Attachment 1. Staff has been working with the potential proposers to incorporate some of their ideas for a most cost-effective project. Staff also investigated the use of District resources to conduct some of the demolition and earthwork. Based on a maximum installation budget of $55,000, staff solicited proposals to determine which contractor could provide the maximum benefit to the District. Staff received two proposals: one from Peak Landscaping and one from Estate Landscape & Irrigation, Inc. Both are licensed landscape contractors and reputable local firms. Estate Landscape & Irrigation, Inc. provided the proposal that achieved the greatest percentage of the total project scope and which delivers the maximum benefit to the District. Estate Landscape & Irrigation, Inc. has proposed a contract that would allow for the installation of the entire TDPUD Water Wise Demonstration Garden while achieving the required schedule and budget for the program. The Estate Landscape & Irrigation, Inc. proposal is included as Attachment 2. 4. FISCAL IMPACT The proposal from Estate Landscape & Irrigation, Inc. for the installation contract for the TDPUD Water Wise Demonstration Garden was $43,030. Sufficient funds exist in the FY09 budget for this project. 5. RECOMMENDATION 1) Adopt a Resolution No. 2009 - xx directing that further competitive bidding be dispensed with in the installation of the TDPUD Water Wise demonstration Garden. 2) Award a contract to Estate Landscape & Irrigation, Inc. for the installation of the TDPUD Water Wise Demonstration Garden in a base amount of $43,030 plus a 10% change order authorization for a total amount not to exceed $47,333. d Steven Poncelet Michael D. Holley Public Information & Conservation Manager General Manager Attachment 1 Ct Resolution No. 2009 - xx Directing that Competitive Bidding be Dispensed with in the Installation of the TDPUD Water Wise Demonstration Garden WHEREAS, the Conservation Department is implementing a TDPUD Water Wise Demonstration Garden; and WHEREAS, Specifications and Contract Documents were prepared and put out to bid per District requirements; and WHEREAS, A bid opening was held at noon, Thursday August 13, 2009; and WHEREAS, No bids were received; and WHEREAS, The District received no benefit from the competitive bid process and believes that significant benefit can be derived by negotiating directly with potential bidders; and WHEREAS, Public Contract Code Section 20201 generally requires that the District seek competitive bids and let contracts to the lowest responsible bidder for complete projects for new construction or projects for any alteration, maintenance, or repair, if the costs of materials, supplies and labor exceed fifteen thousand dollars ($15,000); and WHEREAS, various California court decisions, including Graydon v. Pasadena Development Agency, 104 C.A. 3d 631 (1980), hold that if the subject of a contract is such that competitive proposals would be unavailing or would not produce an advantage and the advertisement for competitive bids would thus be undesirable or impractical, a public agency may dispense with competitive bidding; and WHEREAS, due to the facts set forth above, competitive bidding would be unavailing and would not produce an advantage to the District and the advertising for competitive bids would not produce an advantage to the District and would be undesirable; and Resolution 2009-xx 1 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors that it adopts the above stated recitals as its findings. BE IT FURTHER RESOLVED BY THE Board of Directors that for the reasons set forth above, the District finds that further competitive bids for the installation of the TDPUD Water Wise Demonstration Garden, would be unavailing and would not produce an advantage to the District and the advertisement for competitive bids would not produce an advantage to the District and would be undesirable and costly. BE IT FURTHER RESOLVED that the District shall therefore dispense with further competitive bidding for the installation of the TDPUD Water Wise Demonstration Garden. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the 2"d day of September 2009 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By J. Ron Hemig, President of the Board ATTEST: Michael D. Holley, District Clerk Resolution 2009-xx 2 Attachment 2 111111100ESTATE LANDSCAPE IRRIGATION, INC. V(��,AT7RS P.O.Box 2300•Kings Beach,CA 96143 Phone/Fax:530-546-2042 or 530-587-9283 www.estatelandscape.com NV 33717B• CA 513623 One Of A 9cind Steven Poncelet August 27, 2009 Truckee Donner Public Utility District 11570 Donner Pass Rd. Truckee, CA 96160 TDPUD Water Wise Demonstration Garden landscape proposal Mr. Poncelet, Thank you for providing me with the information about the Demonstration Garden landscape. This will be a wonderful aid to show the District clients how to landscape and conserve water at the same time. My proposal is based on the TDPUD Demonstration Garden Specifications and Documents packet along with the Addendum 1, dated August 6, 2009. 1 do suggest that the plants be ordered very soon to be ready for delivery and panting to meet the timeline of and October 9, 2009 completion date. If not all the plants are available this fall we will have to discuss whether to delete them altogether or defer planting until Spring 2010.To accomplish what is being asked (completion date)we need to start right away. Time is of the essence with fall coming on. A few points about my proposal; -There wasn't any sprinkler layout for the Grass seed areas(1,2, and 3)in Area 1. 1 include piping and sprinkler heads for these areas.As an Irrigation Association tested irrigation designer and CLCA Water Manager Participant I am very aware of how important it is to have a sprinkler system that is well planned out. Proper head spacing and placement, nozzle selection, pipe hydraulics, programming and adjustment can make all the difference in the world in water bills. Poor spacing or unmatched nozzles can decrease the Efficiency coefficient of a system to be 50%.What this in turn means is that some areas can be under-watered and some overwatered. The layout I include is based on sound design principles and should provide an 80%+efficiency. I have read the Specifications and Addenduml documents. This proposal is based on the following comments from you,that are not included in either document, about the Districts' personnel being able to perform some of the scope of work and willingness to assume a part of the responsibility for the existing irrigation system; • We will proceed with all due diligence to complete this project in the time allotted but cannot be held responsible for this timeline if our schedule is slower or delayed by aspects that the District is willing to assist with. • Under Section 00800-Special Provisions,Article 18, 1 request that it be noted that any delays due to the District provided materials, equipment or personnel ability to complete the work that they are responsible for, is not counted towards an Liquidated Damages as stated in this section. The District personnel will remove the old lawn in Area 1, re-grade and shape the Area 1 berm and Garden area for drainage towards the drop inlet in the south center area. District personnel will also install any boulders along the berm.We are responsible to excavate and install the dry stream, rock in the stream and boulders inside the Garden area and in the dry stream as related to the hardscaping portion of the project. • The 3-8"cobble along the Donner Pass side of the building will also be removed by the District personnel. The drain rock immediately behind the retaining wall will remain and, because of this rock remaining, the quantity of plants in this Area 3,will be reduced. • The new irrigation system will be connected to the existing mainline after it crosses under the entry walkway at the entrance to the building.The District assumes responsibility for Point of Connection, backflow preventer, existing valves up to where the existing mainline crosses under the front walkway and the piping up to this point. Page 2 • It is understood that a sleeve is provided under the small walkway the separates Area 3 and 4 and this will be used for getting pipe into Area 4. If the sleeve is not in place,we will discuss the options as to how the pipe will be installed into Area 4. • The existing valves in Area 2,which may service Areas 2, 3 and 4 will remain and be used. They seem to be in good working order. • All new valves installed will be Toro Model 260 3-way instead of the Rainbird valves specified. It is better to stay with the same manufacturer as the existing valves. Great product,great support,dependable. • We will provide the control wires, 18 gage multi-strand irrigation wire,for the valves and bury them with the new mainline we will install.The District personnel will install them from where the wires reach the building,on either side of the front door, in the open crawl space above the District offices into your office. No wires in the field will be installed in conduit. Power supply for the controller is to be provided by the District • No controller is included because of the Districts'Smart Water Controller program.A controller from this program will be used instead. • The mainline excavation will be to a depth of 18"and the laterals will be to a depth of 12°.Techline emitter tubing will be used in between the paving stones of the patio. • Nevada County prevailing wages based on the California Department of Labor Relations guidelines will be paid as follows; Landscape Tradesman 11$29.15/hour, Landscape Pipefi ter$35.85/hour, Operating Engineer for Landscape Construction projects Group III $42.04,Operating Engineer for Landscape Construction projects Group 11$46.65/hour. • All other aspects of the Landscape Plan provided,dated August 6,2009,are included in this proposal. I am not providing a Bid Bond per your comment of it not being required due to the short time frame of this re-bid. I will have the required Performance Bond as noted in the Specifications and Contract Documents from the original request for bid. It will be available within the time frame described in the Contract Documents.All insurance certificates are available upon award of the contract. Thank you again. I am looking forward to being the contractor selected for your project. Mark Osberg, President Estate Landscape&Irrigation, Inc. SECTION 00300 - BID FORMS TDPUD WATER WISE DEMONSTRATION GARDEN TO: TRUCKEE DONNER PUBLIC UTILITY DISTRICT 11570 Donner Pass Road- P. O. Box 309 Truckee, California 96160-0309 In compliance with your Notice to Bidders,and subject to all the conditions thereof,the undersigned offers and agrees, if this bid be accepted within 30 calendar days from the date of the opening,to furnish the labor and equipment upon which prices are quoted,at the price set opposite each item. Date: 7 C) i -Tr- Bidder: +a-1 k e ro-S r MA P E v4 4t b.-, C, By: 11--,N� C&�. (Signature of person atMorized to sign this bid) Title: &e--,F I,, Address:- b 6� c712 QQ t, -t ( 6 Phone: t 0 SN 6 c9�O(-/,;t Fax: 05-J 0 J-q(o 90 JX Contractor's License No.: S-( 3 & 2 :5 Contractor's License Expiration Date: P t Contractor's License number and expiration date stated herein are made under penalty of perjury. Seal, if bid by corporation TRUCKEE DONNER PUD BIDS FORMS WATER WISE DEMONSTRATION GARDEN PAGE 00300-1 TDPUD WATER WISE DEMONSTRATION GARDEN—Addendum No. 1 TDPUD WATER WISE DEMONSTRATION GARDEN UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT: SCHEDULE OF PRICES All applicable sales taxes, State and /or Federal, and any other special taxes, patent rights, or royalties shall be included in the prices quoted in this bid. Prices for all items in the bid schedule must be filed in. Lump Sum Bid Amount Base Bid: All work required by the contract documents for Areas 1 and 3 of the TDPUD Water Wise Demonstration Garden combined. $ ob d O Additive Bid: All work required by the contract documents for Area 2 of the .-- TDPUD Water Wise Demonstration Garden. $ Additive Bid: All work required by the contract documents for Area 4 of the ,_ G TDPUD Water Wise Demonstration Garden. $ C TOTAL FOR THE TDPUD WATER WISE DEMONSTRATION GARDEN AREAS 1, 2, 3 &4 ` TRUCKEE DONNER PUD BIDS FORMS WATER WISE DEMONSTRATION GARDEN PAGE 00300-3 Rev.1 END OF ADDENDUM --- � o , I acknowledge receipt of the following addenda: No. 1: signed o dated No. 2: signed dated No. 3: signed dated No. 4: signed dated No. 5: signed dated TRUCKEE DONNER PUD BIDS FORMS WATER WISE DEMONSTRATION GARDEN PAGE 00300-2 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of -e rr ) G (C S be" , being first duly sworn, deposes and says that k he or she is � of 4 1_._ C a f�V✓ the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and has not directly or indirectly colluded, conspired, connived,or agreed with any bidder or anyone else to put in an sham bid or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication,or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly,submitted his or her bid price or anybreakdown thereof,or the contents thereof, or divulged information or data relative thereto,or paid,and will not pay,any fee to any corporation, partnership,company,association,organization, bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. €„ Y ., _ w_e_. _---_m,-_._ E ...v_ .. ._ _ ___.,__...._ { N,,-�nne and TRUCKEE DONNER PUD BIDS FORMS WATER WISE DEMONSTRATION GARDEN PAGE 00300-4 NAME AND ADDRESS OF SUBCONTRACTORS Following is the name and location of the mill,shop or office of each subcontractor who will perform work or labor or render services to the above-signed bidder, and the type of work performed. NAME AND �� ADDRESS OF SUBCONTRACTOR TYPE OF SERVICES /VbG-1Pl - END OF SECTION - TRUCKEE DONNER PUD BIDS FORMS WATER WISE DEMONSTRATION GARDEN PAGE 00300-5 SECTION 00350-- CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS The Bidder certifies to the best of its knowledge and belief that it, and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency, (2) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or local government entity; (3) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (4) Are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal. State, or local)with commission of any of the offenses enumerated in paragraph(1)or(2)of this certification; and (5) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local)terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. IN '�L r)'- " J& �'± Typed Name &Title of Authorized R4resentative Signature of Authorized Represer6fitive D to I am unable to certify to the above statements. My explanation is attached. - END OF SECTION- TRUCKEE DONNER PUD DEBARMENT CERTIFICATION WATER WISE DEMONSTRATION GARDEN PAGE 00360-1