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HomeMy WebLinkAboutCity Council Agenda Item No.21CITY OF LAKE LLSINOIZE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCILMEMBERS FROM: TOM EVANS INTERIM CITY MANAGER DATE: NOVEMBER 13, 2012 SUBJECT: CONSTRUCTION CONTRACT AWARD SEISMIC RETROFIT CULTURAL CENTER/CITY HALL PROJECT NUMBER 4327 Recommendations 1. Award the Seismic Retrofit of the Cultural Center and City Hall to Sea Pac Engineering, Inc. in the amount of $1,061,887 with a 10% contingency of $106,188.70 to be used for construction. 2. Authorize the Interim City Manager to execute the contract with Sea Pac Engineering, Inc. 3. Authorize the Interim City Manager to authorize the contract change order with STK Architecture, Inc. in the amount of $36,720.00 to provide Architectural support services during construction. 4. Authorize the Interim City Manager to authorize the change order and execute the contract with Risha Engineering in the amount of $49,500.00 to provide Structural Engineering support services during construction. 5. Staff recommends that the City Council adopt Resolution No. 2012- 5 t and designate an agent to execute for and on behalf of the City regarding the hazard Mitigation Grant Program and Pre - Disaster Mitigation Program. Background The Cultural Center was constructed in 1923 and City Hall was constructed in 1934 and both facilities are unreinforced masonry buildings, not up to current building codes. On August 29, 2008, CCS Group Inc., completed the Seismic AGENDA ITEM NO. 21 Page 1 of 15 Award Construction Contract November 13, 2012 Page 2 of 4 Vulnerability Assessment on both facilities, the report examined construction methods, building conditions, structural vulnerabilities and associated hazards and risks. Results of the assessment recommended seismic reinforcement upgrades to both buildings to bring them into current building codes. The City contracted with Risha Engineering to provide current floor plans and the existing structural details for both the Cultural Center and City Hall. On August 28, 2012 the City Award the Seismic Retrofit Architectural Finishes Design of the Cultural Center and City Hall to STK Architectural. STK Architectural specified the finishes and architectural construction details to complete the bid documents. The seismic design is complete and the location and number of shear walls have been established for both facilities. The City requires the services of an architectural firm to provide construction support to review submittals and answer contractors request for information relating to the architectural finishes. Risha Engineering is required to provide structural observation for the structural system. Structural observation is the visual observation of the elements and connections of the structural system at significant construction stages. A Request for Proposal for Deputy Inspection was sent to three qualified firms with the proposal due on November 20, 2012. Staff anticipates awarding the Deputy Inspection contract at the December 11, 2012 city Council meeting. The California Emergency Management Agency (CALEMA) requires the City Ccu^cil to approve a resolution which authorizes agent(s) to engage with the Federal Emergency Agency (FEMA) and CALEMA regarding the Pre - disaster Mitigation Grant No. 09 -CA -2009 which includes the seismic retrofit of the City Hall and Cultural Center. Discussion On November 1, 2012, at 2:00 PM, the City received 5 bids from qualified contractors to construct the Seismic Retrofit of the Cultural Center and City Hall. The bids are as follows: 1. Sea Pac Engineering, Inc. Los Angeles $1,061,887.00 2. Spec Construction Co., Inc. Rancho Cucamonga $1,164,825.00 3. Pesavento Construction Las Vegas $1,529,944.00 4. R.I.C. Construction Co., Inc., Hesperia $1,675,868.00 5. DJM Construction Co., Inc., Anaheim $1,919,334.00 ..A minor irregularity was noted in the apparent low bidders bid. The apparent low bidder inadvertently excluded bid item number 1 cost from the bid total calculation. City staff caught this error when we verified the submitted bids. The error did not affect the status of the low bid. Page 2 of 12 Award Construction Contract November 13, 2012 Page 3 of 4 Anticipated Project Schedule Award Construction Contract Preconstruction Meeting Start Construction November 13, 2012 December 17, 2012 January 7, 2013 Fiscal Impact The City of Lake Elsinore will fund the design and construction with Fund 108 DR -1731 HMGP, Fund 105 Miscellaneous, and Fund 116 City Hall /Public Works DIF. The project budget is $1,663,202. 108 DR -1731 HMGP $ 825,735.75 105 Miscellaneous $ 275,245.25 116 City Hall /Public Works DIF $ 562,222.00 Total Project Budget $1,663,202.00 Deputy Inspection estimated Expenditures to Date: 75,000.00 Contract Administration /Inspection Design /Seismic reports $ 111,854.00 Administration $ 54,147.00 Miscellaneous $ 3286.00 Architectural Design $ 22,000.00 Total Expenditures: $ 191,287.00 Remaining Project Budget $1,471,915.00 Estimated Construction Budget Sea Pac Engineering, Inc $1,061,887.00 Sea Pac Engineering, Inc Contingency $ 106,188.70 Risha Engineering $ 49,500.00 STK Architecture $ 36,720.00 Deputy Inspection estimated $ 75,000.00 Contract Administration /Inspection $ 30,000.00 Miscellaneous (Rental Meeting Room Moving /Storage $ 73,094.00 Project Contingency $ 39,526.00 $1,471,915.00 The estimated construction budget includes allowances for required deputy inspection services for the City Hall and Cultural Center Seismic Up- Grades. Page 3 of 12 Award Construction Contract November 13, 2012 Page 4 of 4 Prepared by: Peter Ramey �2 - Project Engineer Approved by: Ken Seumalo Director of Public Works Approved by:James Riley Director of Ad inistrative Services Approved by:Tom Evans Interim City "Ce C_ i Attachments: Agreement Construction Services Resolution Page 4 of 12 Page 5 of 12 RESOLUTION NO. 2012 -051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE DESIGNATION OF APPLICANT'S AGENT IN ORDER TO AUTHORIZE STAFF TO EXECUTE FOR AND ON BEHALF OF THE CITY REGARDING THE HAZARD MITIGATION GRANT PROGRAM AND PRE - DISASTER MITIGATION PROGRAM WHEREAS, the California Emergency Management Agency (CALEMA) requires that the City Council of the City of Lake Elsinore approve a resolution which authorizes agent(s) to engage with the Federal Emergency Management Agency (FEMA) and CALEMA regarding the Pre - disaster Mitigation Grant No. 09 -CA -2009 (City Hall /Cultural Center Seismic Retrofit Grant). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THAT: Section 1. The City Manager, the Administrative Services Director, or the Management Analyst is hereby authorized to execute for and on behalf of the City of Lake Elsinore, a public entity established under the laws of the State of California, this application and to file it with the California Emergency Management Agency for the purpose of obtaining certain federal financial assistance under Public Law 93 -288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and /or state financial assistance under the California Disaster Assistance Act.. Section2. The City of Lake Elsinore, a public entity established under the laws of the State of California, hereby authorizes its agent(s) to provide the California Emergency Management Agency for all matters pertaining to such state disaster assistance the assurances and agreements required. This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval. PASSED, APPROVED, AND ADOPTED, at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 13 day of November 2012. Brian Tisdale, Mayor ATTEST: Virginia J. Bloom, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney Page 6 of 12 City Council Resolution No. 2012 -051 Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012 -051 was adopted by the City Council of the City of Lake Elsinore at a special meeting held on the 13 day of November 2012, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Virginia J. Bloom, City Clerk Page 7 of 12 Agreement No. AGREEMENT PROJECT NO. 4327 SEISMIC RETROFIT OF THE CULTURAL CENTER /CITY HALL 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 Sea Pac Engineering Inc. 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 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, 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 $ 1,061.887.00 subject to additions or reductions of the quantities of the various bid items at the unit prices bid, for furnishing all materials and fordoing all the work contemplated and embraced underthis Contract Agreement; forall 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 Two Hundred Forty (240) working days after said date in the "Notice to Proceed with Construction," except as adjusted by subsequent Contract Change Order(s). 26 Page 8 of 12 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. It is, therefore, agreed that such damages shall be presumed to be in the amount of $1,000.00 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), Riverside County, California Department of Transportation, 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), 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, 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 carrierwithout 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. 27 Page 9 of 12 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 rotective and aggregate contractu with th e followincmi limits: 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°/x) 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. The Contractor and any agents or subcontractors of the Contractor shall pay the prevailing rates of per diem wages established by the California Department of Industrial Relations. The Contractor and any agents or subcontractors of the Contractor shall also adhere to the California Labor Code, Division 2, Part 7, "Public Works and Public Agencies," and the California Administrative Code, Title 8, Group 3, "Payment of Prevailing Wages upon Public Works," all of which are made a part of the Contract documents. Page 10 of 12 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°/x) 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. The Contractor and any agents or subcontractors of the Contractor shall pay the prevailing rates of per diem wages established by the California Department of Industrial Relations. The Contractor and any agents or subcontractors of the Contractor shall also adhere to the California Labor Code, Division 2, Part 7, "Public Works and Public Agencies," and the California Administrative Code, Title 8, Group 3, "Payment of Prevailing Wages upon Public Works," all of which are made a part of the Contract documents. Page 10 of 12 10. The Contractor agrees that he or she and its subcontractors shall maintain and keep books, payrolls, invoices of materials, records on a current basis, and 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 City of Lake Elsinore, County, the State of California, and the Federal Government and to any authorized representative thereof for purposes of audit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter period of retention, all books, records, and supporting detail shall be retained for a period of at least three years after expiration of the term of this Agreement. 11. 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. 12. The Contractor agrees to indemnify, defend, and save the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), 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 orwillful misconduct of the City, RDA, 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. 13. 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 prior written consent of the City. 14. 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. 27 Page 11 of 12 In addition to the foregoing award of attorney's fees, the prevailing party shall be entitled to its attorneys' fees incurred in any post judgment 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 judgment. 15. 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. 16. The effective date of this Contract Agreement shall be the date of the Award of Contract by the City of Lake Elsinore. 17. 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. (SIGNATURE PAGE FOLLOWS) Page 12 of 12 City of Lake Elsinore, Municipal Corporation Sea Pac Engineering, Inc. BY License No./ Financial Administrative Services Director/ Classification: 674701 City Manager /Mayor (Select only one please) Expiration Date: December 31 2012 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 Federal I.D. No.: 95- 4624748 PRINT NAME: Sea Pac Engineering Inc. SIGNATURE TITLE: Address: I�G Date PRINT NAME SIGNATURE: TITLE: Address: Address: DATE: 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. 27