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HomeMy WebLinkAbout2011-10-11 CC Item No. 03CITY OF ^P- LSII`IORE LAKE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 11, 2011 SUBJECT: CONSTRUCTION CONTRACT AWARD LAKE COMMUNITY CENTER RENOVATION PROJECT NO. 4287 Background The Lake Community Center was constructed in 1949. The City has copies of the original architectural plans which include the structural plans from South . Bay Engineering Co. dated June 4, 1949. The Lake Community Center gymnasium walls are one story reinforced masonry construction, the exterior and second floor walls are wood framed. On April 12, 2011, City Council awarded the architectural design to STK Architecture. The design included modifications to the service counter area which includes new office cabinets and the replacements of broken or damaged exterior doors to meet current ADA requirements. The existing restrooms will also be updated to meet current ADA requirements. The kitchen remodel includes new cabinets, a roll up- security window, new flooring, wall repairs and painting. Discussion On September 28, 2011 at 2:00 PM, the City received seven (7) bids from qualified contractors to construct the Lake Community Center Renovations in accordance with the approved plans and specifications. The bid from Frank Shariat General Engineering was rejected because it did not provide the required Subcontractors' Information and did not provide a signature on the Disclosure of Lobbying Activities. The bids are as follows: 1. Frank Shariat General Engineering (Rejected) $108,800.00 2. R & R Design and Construction Corp. $124,800.00 3. CalTech Corp. $131,450.00 4. New Millennium Construction $139,766.26 5. Hamel Contracting Inc. $143,800.00 AGENDA ITEM NO. 3 Page 1 of 11 Community Center Bid Award October 11, 2011 Page 2 6. Dalke & Sons Construction, Inc. $157,480.00 7. J.R. Roberts & Son Inc. $175,435.00 The engineer's estimate for construction of this project is $117,000. The total project cost estimate including construction, administration, inspections and testing is $174,940. Estimated Project Schedule: City Council Award October 11, 2011 Notice To Proceed October 31, 2011 Construction Completion Date February 24, 2012 Notice of Completion March 13, 2012 Fiscal Impact The Lake Community Center Renovations will be funded by the following accounts: 116 City Hall/Public Works DIF $ 4,598.00 117 Community Center Impact $ 35,000.00 150 CDBG $115,370.00 117 Community Center Impact (Unencumbered) $ 20 000.00 Total $174,968.00 Estimated Construction Budget: Professional Services Design Administration/Base Sheets R & R Design and Construction, Inc 10% contingency Inspection and Contract Administration $ 21,497.00 $ 10,643.00 $124,800.00 $ 12,000.00 $ 6,000.00 Total $174,940.00 Recommendation 1. Award the project to R & R Design and Construction Corporation for the amount of $124,800.00. 2. Authorize the use of Community Center Impact, CDBG, City Hall/Public Works funding sources to include the project contingency as described in the Fiscal Impact section of this report. 3. Authorize the City Manager to execute the contract with R & R Design and Construction Corporation Page 2 of 11 Community Center Bid Award October 11, 2011 Page 3 Prepared by: Peter Ramey Project Engineer Ken Seumalo 144:~ Director of Public Works i Approved by: Robert A. Brady City Manager Attachments: Vicinity Map Agreement Page 3 of 11 VICINITY MAP LAKE COMMUNITY CENTER RENOVATION APN# 374-261-018 Page 4 of 11 Agreement No. AGREEMENT PROJECT NO. 4287 LAKE COMMUNITY CENTER RENOVATION 310 W. GRAHAM STREET This Contract Agreement, made and entered into as of the date signed by the Mayor, by and between the City of Lake Elsinore, a municipal corporation, County of Riverside, State of California, hereinafter called the "City" and R&R Design and Construction Corporation hereinafter called the "Contractor." That the City and the Contractor for the consideration hereinafter named, agree as follows: 1. The complete Contract includes all of the Contract documents as if set forth in full herein, to wit, the Contract Agreement, any and all federal contract requirements attached or not attached hereto, any and all Contract Change Orders issued after the execution of the Contract Agreement, Addenda No(s). 1 issued prior to the opening of the Bids, the Special Provisions (which includes the General Provisions and Technical Provisions), the Project Plans, the Standard Plans, the Standard Specification, reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non-Collusion Affidavit, Federal provisions and requirements, any and all Federal Certifications, the Faithful Performance Bond, the Labor and Materials Payment Bond and insurance, all of which are essential parts of this Contract and made a part of this Contract Agreement. In the event of any conflict in the provisions thereof, the terms of said Contract documents as set forth above shall control, each over the other, in the order provided. 2. The Contractor shall furnish all materials, tools, equipment and labor, except as otherwise provided in the Plans or Special Provisions, and will perform all the work which is necessary to complete in a good, workmanlike and substantial manner the above said project in accordance with the Contract documents for this project, the Contract documents which are hereby specifically referred to and by such reference made a part hereof. 3. The City will pay the Contractor and the Contractor agrees to receive and accept the prices set forth in the Bid Schedule as full compensation for the work required under the bid items awarded by the City, to wit, the Base Bid Item(s) and Additive Bid Item(s) in the sum total amount of $ 124,800.00 , subject to additions or reductions of the quantities of the various bid items at the unit prices bid, for furnishing all materials and for doing all the work contemplated and embraced under this Contract Agreement; for all loss or damages arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work, until the work is accepted by the City Council; for all expenses incurred by or in consequence of the suspension or discontinuance of work; and for well and faithfully completing the work, the whole thereof, in the manner and in accordance with the Contract documents therefore and the requirements of the Engineer under them. 4. The Contractor hereby agrees to commence work pursuant to this Contract within fourteen (14) calendar days after the date of authorization specified in the Notice to Proceed. The Contractor agrees to diligently prosecute the contracted work, including corrective items of work, day to day thereafter, to completion, within Eighty (80 ) working days after said date in the "Notice to Proceed with Construction," except as adjusted by subsequent Contract Change Order(s). 5. The City and Contractor hereby agree that in case all construction called for under the Contract is not completed within the time hereinabove specified, including City caused delays or extensions, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. 21 AGREEMENT PROJECT NO. 4287 It is, therefore, agreed that such damages shall be presumed to be in the amount of $250.00 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, said amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Contract Agreement within the time hereinabove specified and as adjusted by Contract Change Order(s). The Contractor will not be assessed liquidated damages for delay(s) occasioned by the failure of the City or of the owner of a utility to provide for the removal or relocation of utility facilities. 6. The Contractor shall name as additional insured, the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), County of Riverside CDBG and shall furnish the City with a certificate of insurance evidencing liability insurance policy or policies which shall provide coverage for owned and non-owned automobiles; manufacturers and Contractor's liability; broad form property damage in any case where the Contractor has any property belonging to the City in his care, custody or control; owners and Contractor's protective liability; blanket contractual liability; products and completed operations coverage; coverage for collapse, explosion, and where any excavation, digging or trenching is done with power equipment; and shall bear an endorsement containing the following Provisions: Solely as respect to work done by or on behalf of the named insured for the City of Lake Elsinore, it is agreed that the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), County of Riverside CDBG, its officers, employees and agents, are added as additional insured under this policy and the coverage provided hereunder shall be primary insurance and not contributing with any other insurance available to the City of Lake Elsinore, California, the Community Redevelopment Agency of the City of Lake Elsinore, its officers, employees and agents; under any third party liability policy. It is further agreed that the other insurance provision(s) of the policy are amended to conform therewith. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. Insurance companies providing insurance here under shall be rated (A minus: VII - Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California. The terms of the insurance policy or policies issued to provide the below insurance coverage(s) shall not be amended or canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendments or cancellation to the City, except that cancellation for non-payment of premium shall require (10) days prior written notice by certified or registered mail. In the event the said insurance is canceled, the Contractor shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established. All liability insurance policies shall bear an endorsement or shall have an attached rider which provides that the City of Lake Elsinore will be notified by certified or registered mail at least 30 days prior to the effective date of cancellation, non-renewal, or material alteration of such policy. All liability insurance shall cover comprehensive general liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, aggregate operations, aggregate protective and aggregate contractual with the following minimum limits: 22 AGREEMENT PROJECT NO. 4287 Each Person ` Each Occurrence Aggregate Bodily Injury $500,000.00 $1,000,000.00 $2,000,000.00 Property Damage $1,000,000.00 $2,000,000.00 A combined single limit for Bodily Injury Liability and Property Damage Liability of $2,000,000.00 for each occurrence will be considered equivalent to the above minimum limits for Comprehensive General Liability. Property Damage Insurance shall cover full replacement value for damages to any property caused directly or indirectly by or from acts or activities of the Contractor or its sub-contractors or any person acting for the Contractor or under its control or direction. The Contractor shall procure and maintain, at its sole expense, and throughout the term of this Contract Agreement and any extension thereof, Public Liability and Property Damage Insurance coverage for owned and non-owned automotive equipment operated. Such coverage limits shall not be less than $1,000,000 combined single limit. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses. The Contractor shall also furnish the City with a certificate evidencing Worker's Compensation Insurance with limits as established by the State of California. The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 7. The Contractor hereby agrees to provide and maintain in effect two (2) good and sufficient Surety Bonds for one hundred percent (100%) each of the contract price. The bonds shall be a "Faithful Performance Bond" which shall guarantee the faithful performance of all work and a "Labor and Materials Payment Bond" which shall secure the payment of the claims of labor, mechanics, or materialmen for all work under the Contract pursuant to Section 3247 of the Civil Code. 8. The Contractor, the Contractor's heirs, executors, administrators, successors, or assigns guarantee that all work performed under this Contract fully meets the requirements thereof as to quality of workmanship and materials furnished. If any defects in materials or workmanship become evident within a period of one year from the date of the acceptance of the work by the City Council, the Contractor shall, at his or her own expense, make any repair(s) or replacement(s) necessary to restore the work to full compliance with the Plans and Specifications. 9. Contractor and owner do hereby acknowledge that this project will be partially or fully funded with Community Development Block Grant (CDBG) funds [24CFR 570] and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations. 10. Contractor shall maintain and keep records on the current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the City of Lake Elsinore, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times 23 AGREEMENT PROJECT NO. 4287 and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement. 11. Contractor shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a-276, a-5) and the implementation regulations thereof. Contractor shall comply with the U.S. Department of Housing and Urban Development's Federal Labor Standards Provisions (HUD 4010). Contractor acknowledges that the applicable wage Determination for this project is: General Decision Number: CA 100036 Modification Number: 32 Date:09/1712011 12. Section 3 Compliance: The contractor hereby acknowledges that this federally-funded project is subject to Section 3 of the Housing and Urban DevelopmentAct of 1968 [12 U.S.C. 1701 u and 24 CFR Part 135] and agrees to the following: A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment thatwould prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subiect to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24CFR Part 135. 24 AGREEMENT PROJECT NO. 4287 F. Noncompliance with HUD regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). 13. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the substitution of securities for any monies withheld by the City of Lake Elsinore to ensure performance under Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Lake Elsinore, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor. Securities eligible for substitution under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, and standby letters of credit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any dividends or interest thereon. The Contractor shall give the City written notice within thirty (30) days after the Contract is awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted securities are deposited into an escrow, the escrow shall be governed by a written escrow Contract Agreement in a form which is substantially similar to the Contract Agreement set forth in Section 22300, of the Public Contract Code. 14. The Contractor agrees to indemnify, defend, and save the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), the County of Riverside (CDBG), its officers, agents, and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to the Contractor's employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Contract Agreement, or are caused or claimed to be caused by the negligent acts of the Contractor its officers, agents, employees, sub-contractors or suppliers, and all expenses of investigating and defending against the same; provided, however, that this indemnification and hold harmless shall not include any claims arising from the sole negligence or willful misconduct of the City, RDA, and CSD, its officers, agents, or employees. The obligation to indemnify, defend and hold harmless set forth herein shall include, without limitation, any and all attorney's fees incurred by the party to be indemnified, defended, or held harmless, whether in a judicial or administrative action or in arbitration, and whether the issue is between the parties or involves one or more third parties. 15. The parties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all of the provisions herein contained. The Contractor may not, either voluntarily or by action of law, assign any obligation assumed by the Contractor hereunder without priorwritten consent of the City. 25 AGREEMENT PROJECT NO. 4287 16. Should either party bring any legal or equitable action for the purpose of protecting or enforcing its rights under this Contract Agreement, the prevailing party in such action shall recover in addition to all other relief, its reasonable attorney's fees and court costs to be fixed by the court. In addition to the foregoing award of attorney's fees, the prevailing party shall be entitled to its attorneys' fees incurred in any postjudgement proceedings to enforce anyjudgments in connection with this Contract Agreement. The Provision is separate and several and shall survive the merge of this Provision into any judgement. 17. By my signature hereunder, as Contractor, I certify that I am aware of the Provisions of Section 3700, of the Labor Code which require every employer to be insured against liability for Workers' 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. 18. The effective date of this Contract Agreement shall be the date of the Award of Contract by the City of Lake Elsinore. 19. Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning a Contractor may be referred to the Registrar, Contractors' State License Board, 3132 Bradshaw Road, Sacramento, CA 95826. Mailing address: P.O. Box 26000, Sacramento, CA 95826. 20. PRE-CONSTRUCTION CONFERENCE After execution of the Contract Documents, the Contractor and all sub-contractors shall attend a pre- construction conference with representatives of the County of Riverside Economic Development Agency and Owner. The Conference will serve to acquaint the participants with the Federal Regulations and Labor Compliance requirements under which construction is to proceed (SIGNATURE PAGE FOLLOWS) 26 AGREEMENT PROJECT NO. 4287 CITY OF LAKE ELSINORE, Municipal Corporation BY: Financial Administrative Services Director/ City Manager/Mayor (Select only one please) DATE: INTERNAL USE ONLY ATTEST: City Clerk (only needed if Mayor signs) APPROVED AS TO LEGAL FORM: City Attorney Date RECOMMENDED FOR APPROVAL: Department Head (if contract exceeds $15,000) Date R&R Design and Construction Corporation License No./ Classification: Expiration Date: Federal I.D. No.: PRINT NAME: SIGNATURE: TITLE: DATE: Date PRINT NAME: SIGNATURE: TITLE: DATE: SIGNING INSTRUCTION TO THE CONTRACTOR: All signatures on the Contract Agreement on behalf of the Contractor must be acknowledged before a notary public. General Partners must sign on behalf of the partnership. In the event that the contracting firm is a corporation two (2) corporate officer's having authority from the corporation MUST sign (two (2) signatures total). If the corporation has a corporate resolution stating that one person is authorized to sign on behalf of all officers, attach corporate resolution immediately following the notary certificates. Corporate Seal may be affixed hereto. ATTACHED AS PART OF THE AGREEMENT ARE THE FOLLOWING: 1. Federal Provisions and Requirements 2. Davis-Bacon Wage Determination, General Decision: CA 32 Date: 9/17/2011 27