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05-0607_BELAIRE - WEST LANDSCAPE INC._D9_Agenda Report6/7/2005 D9 AGENDA REPORT TO: Dave Adams, City Manager Oil FROM: Nasser Abbaszadeh, Engineering & Building Director SUBJECT: Consideration of Award of Contract — San Juan Capistrano Public Library Phase I: Site Work (Belaire-West Landscape, Inc.) (CIP No. 454) RECOMMENDATION By motion, award the contract for the San Juan Capistrano Public Library Phase I: Site Work Capital Improvement Project to the low responsible bidder, Belaire-West Landscape, Inc., in the amount of $146,250 and reject all other bids. SITUATION A. Summary and Recommendation Bids were opened May 16, 2005 for the San Juan Capistrano Public Library Phase I: Site Work Improvement Project. Bids are valid until August 14, 2005, 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, Belaire-West Landscape, Inc., in the amount of $146,250. B. Background The San Juan Capistrano Regional Library, designed by architect Michael Graves, was opened in December 1983. At its February 1, 2005 meeting, City Council adopted a budget and repair strategy for the City's areas of responsibility. Work was divided into four phases as follows: Phase Cost 1. Site Work Repairs $156,000 2. Building Repairs $375,000 3. Roof $145,000 4. Missing Features $ 87,000 0 Agenda Report Paoe 2 Bids were received for the Phase I Site Work as follows: Belaire-West Landscape, Inc. $146,250.00 Southland Construction $147,500.00 0 No subcontractors were listed with Belaire-West Landscape's bid. COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS June 7. 2005 The City's Environmental Administrator has reviewed this project in accordance with the California Environmental Quality Act (CEQA) and has determined that the project is exempt from environmental review pursuant to Section 15201 of CEQA (Class 1: Repairs and Maintenance of Existing Facilities). FINANCIAL CONSIDERATIONS The estimate for construction is $156,000 12-65300- 4701-454 for this work. NOTIFICATION Funds are available in Account No. The following parties received notification of this Council agenda item: Belaire-West Landscape, Inc. Southland Construction * John C. Loomis, Thirtieth Street Architects Mary Eidsvold, Friends of the Library Teri Garza, Librarian * Jose Marquez, Orange County Public Library * Agenda report included 0 Agenda Report Paae 3 RECOMMENDATION 0 June 7, 2005 By motion, award the contract for the San Juan Capistrano Public Library Phase I: Site Work Capital Improvement Project to the low responsible bidder, Belaire-West Landscape, Inc., in the amount of $146,250 and reject all other bids. Respectfully submitted: NasserAbbaszadeh, P.E. Engineering & Building Director NA/BP:jcr Attachment 1. Location Map 2. Contract Prepared by: Brian Perry, P.E. Project Manager 0 THE CITY OF SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO REGIONAL LIBRARY REPAIRS A LOCATION DEL oj 0 3000 6000 9000 Feet ATTACHMENT I 4e do E vl- A LOCATION DEL oj 0 3000 6000 9000 Feet ATTACHMENT I XG)O fII " on1 This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and BELAIRE-WEST LANDSCAPE 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, 2000 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 SAN JUAN CAPISTRANO PUBLIC LIBRARY PHASE 1: SITE WORK - DESIGN BUILD 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 impractible 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, ATTACHMENT 0 0 Two Hundred Fifty Dollars ($250) per calendar day for each day delayed; provided that extensions of 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 for an amount of one hundred percent (100%) 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 for a period of one (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 apart 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 One 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, including owned, hired, and non -owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/ not limited to contractual period; $1,000,000 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 k, CONTRACTOR, or by any SUB -CONTRACTOR, for each cale• 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. 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: ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John Shaw, City Attorney WYATT HART, MAYOR BY: CONTRACTOR, LICENSE NO. AND CLASSIFICATION F