Loading...
08-0819_BARBARA BUTLER ARTIST-BUILDER INC_G1a_Agenda Report8/19/2008 AGENDA REPORT G 1 a TO: Dave Adams, City Manager FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Award of Contract for The Los Rios Park and Parking Lot Improvement Project and Approval of Personal Services Agreements for Construction Support Services With Lawson & Associates Geotechnical Consulting (LGC), PCR Services Corporation Associates (PCR), Moore lacofano Goltsman, Inc. (MIG), David Volz Design (DVD), and Barbara Butler Artist -Builder, Inc. (BBAB). (Environmental Construction, Inc.)(CIP No. 465) City Council Priority No. 17A By motion, 1. Award the contract for the Los Rios Park and Parking Lot Improvement Project (CIP No.465) to the low responsible bidder, Environmental Construction, Inc., in the amount of $2,930,592.80, and reject all other bids; and, 2. Approve Personal Service Agreements with Lawson & Associates Geotechnical Consulting, PCR Services Corporation Associates, Moore lacofano Goltsmans, Inc., David Volz Design, and Barbara Butler Artist -Builder, Inc. for construction support services in the total amount of $254,340. SITUATION A. Summary and Recommendation Bids opened on June 17, 2008, for the Los Rios Park and Parking Lot Improvement Project. Bids are valid until September 15, 2008, a period of ninety (90) days from the opening date. Staff is recommending that the City Council award the contract to the low responsible bidder, Environmental Construction, Inc., in the amount of $2,930,592.80, and approve the Personal Services Agreements with LGC, PCR, MIG, DVD, and BBAB for construction support services in the combined. amount of $254,340 as specifically provided below. B. Backaround On May 6, 2008, City Council approved the Plans and Specifications for the Los 0 0 Agenda Report Page 2 receive bids for construction. lowest bids listed as follows: Environmental Construction, Inc. Metro Builders Zusser Company, Inc. August 19, 2008 12) bids were received with $2,880,529.80 $2,995,618.26 $3,059,505.30 R.M Electrical, CME Masonry, Fence Corp., SM Scott Michael, Golden State Framers, and Mesa Roofing were listed as subcontractors for the low responsible bidder, Environmental Construction, Inc. COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS On April 4, 2006, City Council approved the Los Rios Park Master Plan and directed staff to prepare construction plans and specifications for the project. Over the last year, the conceptual designs and detailed plans have been reviewed by the Design Review Committee, Parks, Recreation & Equestrian Commission, Cultural Heritage Commission and Planning Commission. On August 21, 2007, City Council reviewed the comments and recommendations by City Commissions and Committees and directed staff to proceed with development of project construction plans and specifications. On May 6, 2008, City Council approved the Plans and Specifications for the project and directed staff to advertise and received bids for construction. FINANCIAL CONSIDERATIONS A total of $3,535,000 is budgeted for construction in CIP account number 12-65300-4713- 465 for FY 2007-2008. Funding in this account is made up of the following: • 2002 Resources Bond Act Per Capita Grant Program $ 220,000 • 2002 Resources Bond Act Roberti-Z'berg-Harris Block Grant $ 93,963 • Community Redevelopment Agency (CRA) $ 1,250,000 • Community Facility District (CFD) $ 1,000,000 • Parks & Recreation $ 971,037 In addition to Environmental Construction's base bid of $2,880,529.80, staff is recommending the inclusion of bid alternates (or "add items') in the amount of $50,063 as part of the project for a total contract amount of $2,930,592.80, as follows: • Equestrian fencing $ 24,063 • Secondary irrigation system $ 26,000 Due to limited funding, the following bid alternates are deferred from construction at this time. Component items may be added in the latter part of construction depending on available contingency funds for this project: 0 0 Agenda Report August 19, 2008 Paae 3 Arbors ("C", "D", and "E") Landscape boulders ("R1", "132", and "R3" boulders) Staff is also recommending the following construction supportservices to complement staff inspection and review of the project, and for the fabrication, delivery, installation, and certification of a play structure in the total amount of $254,340 to be included as part of the project: • Geotechnical (LGC) $ 13,510 • Archeologist & Native American Monitor (PCR) $ 53,710 • ADA Inspector / Certification (MIG) $ 11,280 • Landscape / Civil / Electrical Consultants (DVD) $ 35,940 • Barbara Butler Artist -Builder, Inc. (BBAB) $ 139,900 Related development permit and other fees / charges in the total amount of $160,764 for the construction of this project are as follows: • Recycled Water Development Charges $ 12,870 • Domestic Water Development Charges $ 94,444 • Grading, Landscaping & Building Permit Fee $ 200 Sewer Connection Fee $ 4,075 • Drainage Fee $ 4,175 Project Administration / Construction Management / Inspection $ 45,000 In summary, a total funding of about $3,345,697 will be needed to construct the project. Based on available project funds of about $3,454,000 (as of June 30, 2008), a contingency fund of approximately $108,303 (about 3.8% of the base bid amount) is available to address any unforeseen circumstance(s) that may arise during construction. Future maintenance costs for the Los Rios Park and parking lot facilities will be assessed after completion of the project. NOTIFICATION CAL -PAC Engineering Company, Inc. Landmark Site Contractors SMC Construction Company Metro Builders & Engineers Group, Ltd. C.S. Legacy Construction, Inc. Pima Corporation Zusser Company, Inc. 0 0 Agenda Report Paae 4 Great West Contractors, Inc. Park West Landscape, Inc. Los Angeles Engineering, Inc.. Bluefin Construction, Inc. Environmental Construction, Inc. Lawson & Associates Geotechnical Consulting, Inc. PCR Services Corporation Moore lacofano Goltsman, Inc. David Volz Design Barbara Butler Artist -Builder, Inc RECOMMENDATION By motion, August 19, 2008 1. Award the contract for the Los Rios Park and Parking Lot Improvement Project (CIP 465) to the low responsible bidder, Environmental Construction, Inc., in the amount of $2,930,592.80, and reject all other bids; and, 2. Approve Personal Service Agreements with Lawson & Associates Geotechnical Consulting, PCR Services Corporation Associates, Moore lacofano Goltsmans, Inc., David Volz Design, and Barbara Butler Artist -Builder, Inc. for construction support services in the total amount of $254,400. Respectfully submitted: Prepared by: Nasser Abbaszadeh, P.E. Khoon Tan, P.E. Public Works Director Associate Engineer Attachment(s): 1. Contract (Environmental Construction, Inc.) 2. Personal Services Agreements (LGC, PCR, MIG, DVD and BBAB) 3. Location Map CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and ENVIRONMENTAL CONSTRUCTION, INC. hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction "Green Book", 2006 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of LOS RIOS PARK AND PARKING LOT IMPROVEMENTS in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impractical and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, One Thousand Dollars ($1,000) per calendar day for each day delayed; provided that extensions of C-1 ATTACHMENT time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be foran amount of one hundred percent (1009/6) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials fora period ofone (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than Two Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, C-2 including owned, hired, and non -owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/ not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. C-3 0 0 IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano Dated: By: Joe Soto, Mayor ATTEST: Margaret R Monahan, City Clerk APPROVED AS TO FORM: Omar Sando I, City ttomey By: tractor License No. %I b. G;)-+ Classification C-4 0 0 ATTACHMENT 2 The Personal Service Agreements for the following item are available for review at the City Clerks office: Lawson & Associate Geotechnical Consulting PCR Services Corporation Associates Moore lacofano Goltsman, Inc. David Volz Design Barbara Butler Artist -Builder I Y r� 0 I f�- THE CITY OF SAN JUAN CAPISTRANO N A LOS RIOS PARK SITE 47 LOS RIOS PARK AND PARKING LOT PROJECT (CIP NO. 465) 0 3000 6000 9000 Feet ATTACHMENT