HomeMy WebLinkAboutCC Item FAGENDA STAFF REPORT i
OFORNf�
DATE: May 9, 2016
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Interim Director of Public Works
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH RAMCO
GENERAL ENGINEERING CONTRACTOR FOR THE
COUNCIL CHAMBERS REMODEL PROJECT NO.
BG1401 AND SBTV3 CONTROL ROOM UPGRADES
BG1402, INCLUDING SPECIFIED ADA
MODIFICATIONS
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6641:
1. Approving Plans and Specifications for the Council Chambers Remodel
Project Number BG1401 and the SBTV3 Control Room Upgrades
BG1402;
2. Authorizing City Manager to execute a construction contract with Ramco
General Engineering Contractor for the Council Chambers Remodel
Project No. BG1401 and the SBTV3 Control Room Upgrades BG1402 (the
"Project ") for $310,700, including the ADA modifications.
3. Rejecting all other bids;
4. Authorizing the City Manager to approve payments for additional
necessary contingency work (if any) in connection with the Project in the
cumulative amount not to exceed $30,000.
BACKGROUND AND ANALYSIS:
At the October 14, 2013 City Council meeting, City Council awarded a
professional services agreement to D. Michael Hamner Architects to prepare
plans and specifications to remodel the Council Chambers and relocate Seal
Beach TV to the storage room.
Agenda Item F
The scope of work for the Chambers remodel project included, but not limited to:
1. Provision of all new Audio/Visual equipment, such as microphones,
monitors, lighting, complete systems control, and flat screen televisions;
2. ADA access ramps throughout the Chambers;
3. Re- upholstery of all audience chairs, all new furniture, new bulletproof
dais, acoustical panels, and carpeting;
4. Addition of new access doors from the Chambers exiting to 8th Street and
the rear patio;
5. Relocation of the Seal Beach TV into the storage room above the
Chambers;
6. Modification of the existing Heating Ventilation Air Condition (HVAC)
equipment;
7. Abatement for any hazardous materials; and
8. Provision of alternatives including the replacement of concrete panels in
the patio area, replacement of all doors in the Chambers, smoothing of the
brick wall with plaster, and addition of insulation in the ceiling.
On October 28, 2015, the City Clerk's office received three (3) bids with the
following results:
At the December 14, 2015 City Council meeting, Council rejected all the above
bids and directed staff to downsize the Project.
In downsizing the project, the new scope of work is to perform the following, but
not limited to:
1. Add new access door from the Chambers exiting the rear patio;
2. Bullet proofing the existing dais;
3. Relocating Seal Beach TV into the storage room above the Chambers;
4. Modifying the existing Heating Ventilation Air Condition (HVAC)
equipment; and
5. Abatement for any hazardous materials.
In conjunction with the Chambers remodel project, minor American Disability Act
(ADA) improvements will be required for both City Hall and Old City Hall. These
minor improvements include a new handicap parking stall and striping to access
the City Hall Council Chamber, City Hall and Old City Hall. In addition to the ADA
upgrades, the ground floor restrooms in Old City Hall are required to be modified
to comply with wheelchair accessibility. The ADA modifications were separately
bid by each bidder as an additive item to the base bid.
The plans and specifications have been approved by the City Engineer for
bidding purposes dated March 2016.
Page 2
On March 31, 2016 and April 7, 2016, the project was properly advertised in the
Sun Newspaper.
On April 21, 2016, the City Clerk's office received three (3) bids with the following
results:
Staff has reviewed the lowest bid submitted by Ramco General Engineering
Contractor. Their references were checked and contractor's license is in good
standing. Ramco has performed numerous work for Seal Beach in the past and
has proven to perform professional quality work.
ENVIRONMENTAL IMPACT:
There is no environmental impact associated with this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
In the approved Fiscal Year 2015 -16 Budget, $275,000 from Project Number
BG1401 of the General Fund and $225,000 from Project Number BG1402 of the
Seal Beach Cable Foundation Funds were budgeted, totaling $500,000.
The current project expenses are $106,209.66 which includes preparation of
architectural and engineering design plans and publications. The remaining
budgeted project funds are $393,790.34.
Combining both the construction contract amount for Ramco for $310,700 and an
approximately 10% contingency amount ($30,000), results in a total anticipated
construction cost of $340,700. With a remaining budget of $393,790.34, minus
the anticipated project cost of $340,700, the remaining balance of budgeted
funds is $53,090.34. Any unused funds will return back the source funds.
Page 3
RECOMMENDATION:
That the City Council adopt Resolution No. 6641:
1. Approving Plans and Specifications for the Council Chambers Remodel
Project Number BG1401 and the SBTV3 Control Room Upgrades
BG 1402;
2. Authorizing City Manager to execute a construction contract with Ramco
General Engineering Contractor for the Council Chambers Remodel
Project No. BG1401 and the SBTV3 Control Room Upgrades BG1402 (the
"Project") for $310,700.00, including the ADA modifications.
3. Rejecting all other bids;
4. Authorizing the City Manager to approve payments for additional
necessary contingency work (if any) in connection with the Project in the
1 cumulative amount not to exceed $30,000.
EMITTED I$Y: NOTED AND APPROVED:
W CA 4
Basham iII,R. Ingram, City M ages
-im Director of Public Works
Prepared by: Michael Ho P.E., Dep. Dir. Public Works /City Engineer
Attachments:
A. Resolution No. 6641
B. Contract Agreement
Page 4
RESOLUTION NUMBER 6641
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH RAMCO GENERAL
ENGINEERING CONTRACTOR FOR THE COUNCIL CHAMBERS
REMODEL PROJECT NO. BG1401 AND SBTV3 CONTROL
ROOM UPGRADES BG1402, INCLUDING SPECIFIED ADA
MODIFICATIONS
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE, FIND AND
DETERMINE AS FOLLOWS:
Section 1. The City Council hereby approves the plans and
specifications for the Council Chamber Remodel Project CIP No. BG1401 and
the SBTV3 Control Room Upgrades BG1402 dated March 2016 (the "Project'),
including specified ADA modifications.
Section 2. The City Council hereby awards a contract to Ramco,
General Engineering Contractor for the Project in the amount of $310,700 and
rejects all other bids.
Section 3. The City Council hereby authorizes and directs the City
Manager to execute the contract on behalf of the City.
Section 4. The City Council hereby authorizes the City Manager to
approve payments for additional necessary contingency work (if any) in
connection with the Project in the cumulative amount not to exceed $30,000.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 9th day of May , 2016 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
Resolution Number 6641
Sandra Massa - Lavitt, Mayor
ATTEST:
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6641 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 9th day of May , 2016.
Robin L. Roberts, City Clerk
PUBLIC WORKS AGREEMENT
FOR COUNCIL CHAMBERS REMODEL
CIP NO. BG1401
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
E1
Ramco
General Engineering Contractor
10545 Dale Road
Agua Dulce, CA 91390
(818) 272 -4221
(661) 268 -7353 - FAX
THIS AGREEMENT is made as of May 9, 2016, by and between the City of Seal Beach,
a California charter city ( "City "), and Ramco, a General Contractor ( "Contractor ").
RECITALS
WHEREAS, the City Council has approved the plans and specifications for the
Council Chambers Remodel Project Number BG1401 ( "Project ") with respect to design
criteria; and
WHEREAS, Contractor has submitted a bid to City for the Project dated April 20,
2016 in the REVISED amount of $310,700'.00 ( "Accepted Proposal" hereinafter). The
Accepted Proposal is attached hereto as Exhibit G and contains, among other things,
provisions defining the Project scope.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
AGREEMENT
Contractor's Services.
Scope and Level of Services. For and in consideration of the mutual
promises set forth herein, and subject to the terms and conditions set forth in this
Agreement, Contractor shall perform and complete in good and workmanlike manner all
work ( "Work ") required by this Agreement and the documents listed in Subsection 1.2
for the Project.
Contract Documents. The "Contract Documents" that comprise the
agreement between the City and the Contractor are the: Notice Inviting Bids,
Instructions to Bidders, Accepted Proposal,, Non - Collusion Affidavit, Bid Schedule(s),
List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification
Statement, Bid Security Forms for Check or Bond, Specifications, General and Special
Provisions and documents referenced therein, all addenda as prepared prior to the date
of bid opening setting forth any modifications or interpretations of any of said
documents, this Agreement, Exhibits attached to this Agreement, including but not
limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers'
Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D),
Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws
(Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any
and all supplemental agreements executed amending or extending the Work
contemplated and that may be required to complete the Work in a substantial and
acceptable manner. These Contract Documents are hereby incorporated into this
Agreement.
The Work shall be performed in accordance with the Plans, Specifications
and other Contract Documents. Contractor shall furnish at its own expense all labor,
materials, equipment and services necessary therefor, except such labor, materials,
equipment and services as are specified in the Contract Documents to be furnished by
City.
In the event of any material discrepancy between the express provisions
of this Agreement and the provisions of the other Contract Documents, the provisions of
this Agreement shall prevail.
Effective Date. This Agreement is effective as of May 9, 2016 (the "Effective
Date "), and shall remain in full force and effect until Contractor has rendered the
services required by this Agreement.
Payment. For performing and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the
amount of $310,700.00, subject to any additions and deletions pursuant to the terms of
the Contract Documents. Said sum shall constitute payment in full for all work
performed hereunder, including, without limitation, all labor, materials, equipment, tools
and services used or incorporated in the Work, supervision, administration, overhead,
expenses and any and all other things required, furnished or incurred for completion of
the Work as specified in the Contract Documents. City shall make payments to
Contractor on account of the contract sum at the time, in the manner, and upon the
conditions specified in the Contract Documents. The City Manger may authorize extra
work to fund unforeseen conditions up to the amount approved at the time of award by
the City Council. Payment for additional work in excess of this amount requires prior
City Council authorization.
Contractor's Personnel.
All Work shall be performed by Contractor or under Contractor's direct
supervision, and all personnel shall possess the qualifications, permits, and licenses
required by state and local law and by the Notice Inviting Bids /Instructions to Bidders to
perform such Services, including, without limitation, a City of Seal Beach business
license as required by the Seal Beach Municipal Code.
Contractor shall be responsible for payment of all employees' wages and
benefits, and shall comply with all requirements pertaining to employer's liability,
workers' compensation, unemployment insurance, and Social Security. Contractor shall
fully comply with the workers' compensation law regarding Contractor and Contractor's
employees.
Contractor shall indemnify and hold harmless City and its elected officials,
officers, employees, servants, designated volunteers, and agents serving as
independent contractors in the role of city officials, from any and all liabilities, damages,
claims, costs and expenses of any nature to the extent arising from Contractor's alleged
violations of personnel practices.
Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its
agents shall have control over the conduct of Contractor or any of Contractor's
employees, except as set forth in this Agreement. Contractor shall not, at any time, or
in any manner, represent that it or any of its officers, agents, or employees are in any
manner employees of City. Contractor shall pay all required taxes on amounts paid to
Contractor under this Agreement, and indemnify and hold City harmless from any and
all taxes, assessments, penalties, and interest asserted against City by reason of the
work performed pursuant to this Agreement.
City shall have the right to offset against the amount of any fees due to
Contractor under this Agreement any amount due to City from Contractor as a result of
Contractor's failure to promptly pay to City any reimbursement or indemnification arising
under this Section 4.
Indemnification.
Contractor's Duty. Contractor shall defend, indemnify, and hold the City,
its elected officials, officers, employees, volunteers, agents, and those City agents
serving as independent contractors in the role of City officials (collectively
"Indemnitees ") free and harmless from and against any and all claims (including, without
limitation, claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a "Claim," collectively, "Claims "), in any manner arising out of or incident to the
performance of the Agreement, including without limitation, the payment of all
consequential damages and attorneys' fees and other related costs and expenses.
Further, Contractor shall appoint competent defense counsel, at Contractor's own cost,
expense and risk, to defend any and all such suits, actions or other legal proceedings of
every kind arising out of or incident to the performance of the Agreement that may be
brought or instituted against Indemnitees. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City or the other Indemnitees
in any such suit, action, or other legal proceeding arising out of or incident to the
performance of the Agreement. Contractor shall reimburse the City and the other
Indemnitees, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Contractor or Indemnitees. This indemnity shall apply to all Claims and liability
regardless of whether any insurance policies are applicable.
Bid Protests. In addition to its obligations pursuant to Section 5.1,
Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in
connection with, arising out of or incident to any bid protest.
City's Sole Negligence. Nothing in Section 5.1 shall be construed to
require Contractor to indemnify Indemnitees for that portion of any Claim to the extent
arising from the sole negligence or willful misconduct of the Indemnitees.
Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights
that they may possess against Contractor because of the acceptance by City, or the
deposit with City, of any insurance policy or certificate required pursuant to this
Agreement.
Waiver of Right of Subrogatidn. Contractor, on behalf of itself and all
parties claiming under or through it, hereby waives all rights of subrogation against the
Indemnitees, while acting within the scope of their duties, from all claims, losses, and
liabilities arising out of or incident to activities or operations performed by or on behalf of
the Indemnitor.
Survival. The provisions of this Section 5 shall survive the termination of
the Agreement and are in addition to any other rights or remedies that Indemnitees may
have under the law. Payment is not required as a condition precedent to an
Indemnitee's right to recover under this indemnity provision, and an entry of judgment
against a Contractor shall be conclusive in favor of the Indemnitee's right to recover
under this indemnity provision.
Insurance.
Liability Insurance. Contractor shall procure and maintain in full force and
effect for the duration of this Agreement insurance against claims for injuries to persons
or damages to property which may arise from or in connection with the performance of
the services hereunder by Contractor, and its agents, representatives, employees and
subcontractors. The policy limits set forth below do not act as a limitation upon the
amount of indemnification to be provided by Contractor. Contractor shall complete and
execute the following documents attached as Exhibits hereto and incorporated herein
by this reference:
General Liability.
Exhibit D -1: Additional Insured Endorsement - Commercial
Exhibit D -2: Additional Insured Endorsement - Automobile Liability.
Exhibit D -3: Additional Insured Endorsement.
Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85)
covering Additional Insured — Owners, Lessees or Contactors (Form B).
Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
General Liability: $2,000,000 per occurrence and in the aggregate
for bodily injury, personal injury and property damage. Commercial General Liability
Insurance or other form with a general aggregate limit shall apply separately to this
Agreement or the general limit shall be twice the required occurrence limit.
Automobile Liability: $2,000,000 per occurrence for bodily injury
and property damage.
Employer's Liability: $1,000,000 per occurrence and in the
aggregate for bodily injury or disease and Workers' Compensation Insurance in the
amount required by law.
Deductibles and Self- Insured Retentions. Contractor shall inform City of
any deductibles or self- insured retentions except with respect to any professional
liability insurance.
Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
City, its officers, officials, employees, designated volunteers and
agents serving as independent contractors in the role of City officials, are to be covered
as additional insureds as respects: liability arising out of activities performed by or on
behalf of Contractor; products and completed operations of Contractor; premises
owned, occupied or used by Contractor; or automobiles owned, leased, hired or
borrowed by Contractor. The coverage shall contain no limitations on the scope of
protection afforded to City, its officers, officials, employees, designated volunteers or
agents serving as independent contractors in the role of City officials which are not also
limitations applicable to the named insured.
For any claims related to this Agreement, Contractor's insurance
coverage shall be primary insurance as respects City, its officers, officials, employees,
designated volunteers and agents serving as independent contractors in the role of City
officials. Any insurance or self- insurance maintained by City, their officers, officials,
employees, designated volunteers or agents serving as independent contractors in the
role of City officials shall be excess of Contractor's insurance and shall not contribute
with it.
Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
Each insurance policy required by this Section 6 shall be endorsed
to state that coverage shall not be canceled or materially modified except after 30 days
prior written notice by first class mail has been given to City.
Each insurance policy, except for any professional liability policy,
required by this Section 6 shall expressly waive the insurer's right of subrogation
against City and its elected officials, officers, employees, servants, attorneys,
designated volunteers, and agents serving as independent contractors in the role of city
or agency officials.
Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk
Manager.
Verification of Coverage. All insurance coverages shall be confirmed by
execution of endorsements on forms approved by the City. The endorsements are to
be signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by City before services commence. As
an alternative to City forms, Contractor's insurer may provide complete, certified copies
of all required insurance policies, including endorsements effecting the coverage
required by these specifications.
Liquidated Damages. Should the Contractor fail to complete the project, or any
part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the
City for the additional expense and damage for each calendar day that the Contract
remains uncompleted after the Contract completion date. It is agreed that the amount
of such additional expense and damage incurred by reason of failure to complete the
Contract is the per diem rate of $750.00 per calendar day. Such amount is hereby
agreed upon as liquidated damages for the loss to the City resulting from the failure of
the Contractor to complete the project within the allotted time and to the value of the
operation of the works dependent thereon. It is expressly understood and agreed that
this amount is a reasonable amount and is established in lieu of damages that are
incapable of calculation at the inception hereof; and this amount is not to be considered
in the nature of a penalty. The City shall have the right to deduct such damages from
any amount due, or that may become due to the Contractor, or the amount of such
damages shall be due and collectible from the Contractor or the Contractor's Surety.
Progress payments made after the scheduled completion date shall not constitute a
waiver of liquidated damages.
Suspension. City may, in writing, order Contractor to suspend all or any part of
the Contractor's Services for the convenience of City or for work stoppages beyond the
control of City or Contractor. A suspension of the Services does not void this
Agreement.
Notices. Any notices, bills, invoices, or reports authorized or required by this
Agreement shall be in writing and shall be deemed received on (a) the day of delivery if
delivered by hand or overnight courier service during Contractor's and City's regular
business hours or by facsimile before or duping Contractor's regular business hours; or
(b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this Section. All notices shall be addressed as follows:
If to City: City Clerk
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Telephone: (562) 431 -2527
Fax: (562) 493 -9857
With a copy to:
Public Works Director
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
If to Contractor: Ramco
General Engineering Contractor
10545 Dale Road
Agua Dulca, CA 91390
Telephone: (818) 272 -4221
Fax: (661) 268 -7353
Attn: Emilio Ramirez
Non- AssignabilitV Subcontracting. Contractor shall not assign, transfer, or
subcontract any interest in this Agreement or the performance of any of Contractor's
obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract
any rights, duties, or obligations arising hereunder shall be null, void and of no effect_
Compliance with Laws. Contractor shall comply with all applicable federal, state
and local laws, ordinances, codes and regulations in force at the time Contractor
performs the Services.
Non - Waiver of Terms Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of
any other condition of performance under this Agreement. In no event shall the making
by City of any payment to Contractor constitute or be construed as a waiver by City of
any breach of covenant, or any default which may then exist on the part of Contractor,
and the making of any such payment by City shall in no way impair or prejudice any
right or remedy available to City with regard to such breach or default.
Attorneys' Fees. In the event that either party to this Agreement shall commence
any legal action or proceeding to enforce or interpret the provisions of this Agreement,
the prevailing party in such action or proceeding shall be entitled to recover its costs of
suit, including all attorneys' fees incurred in connection therewith.
Construction. The validity, interpretation, and performance of this Agreement
shall be controlled by and construed under the laws of the State of California. In the
event of any asserted ambiguity in, or dispute regarding the interpretation of any matter
herein, the interpretation of this Agreement shall not be resolved by any rules of
interpretation providing for interpretation against the party who causes the uncertainty to
exist or against the party who drafted the Agreement or who drafted that portion of the
Agreement.
.j
Entire Agreement. This Agreement, including any other documents incorporated
herein by specific reference, represents the entire and integrated agreement between
Contractor and City. This Agreement supersedes all prior oral or written negotiations,
representations, or agreements. This Agreement may not be amended, nor any
provision or breach hereof waived, except in a writing signed by the parties which
expressly refers to this Agreement.
Severability. The invalidity in whole or in part of any provisions of this Agreement
shall not void or affect the validity of the other provisions of this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH
CONTRACTOR:
By: By:
Jill R. Ingram, City Manager
�
Name: kI I Vtu
Attest:
Title:
By:
Robin Roberts, City Clerk
' Name:
Approved as to Form:
Title:
By:
Craig Steele, City Attorney