HomeMy WebLinkAboutItem 1g - Council Chambers Restroom Renovation Project
DATE: December 19, 2017
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
Philip A. Wray, Deputy Director of Development Services/City Engineer
SUBJECT: CONTRACT WITH NEW MILLENNIUM CONSTRUCTION SERVICES
FOR THE COUNCIL CHAMBERS RESTROOM RENOVATION
PROJECT IN THE AMOUNT OF $102,176.52.
Recommendation: Approve SUMMARY
The restrooms in the Council Chambers Lobby are not fully compliant with the
Americans with Disabilities Act (“ADA”) codes and standards. As a result, a project was
included in the most recent Capital Improvement Program to renovate the existing restrooms with the necessary improvements. Onyx Architects was hired to conceptually
study options for compliance and upon the selection of the preferred alternative,
prepare construction plans and bid documents. The preferred alternative is a separate
unisex restroom, and the project was put out to bid as such.
It is recommended that the City Council approve, and authorize and direct the City
Manager to execute a contract with New Millennium Construction Services for the
Council Chambers Restroom Renovation Project in the amount of $102,176.52, and
approve a 10% contingency. A copy of the proposed contract with New Millennium
Construction Services is attached to this staff report.
BACKGROUND
The Council Chambers Building was constructed in 1977. In 1990, the Americans with
Disabilities Act (“ADA”) was signed into law which required public entities to make all programs, activities, and services available to persons with disabilities. The law required
public entities to develop Transition Plans to implement the requirements of the Act.
On May 3, 1994, the City Council approved a Transition Plan for all City facilities. The
Transition Plan was the result of a comprehensive physical survey of all facilities owned by the City, and an assessment of all programs, activities, and services available to the
public. The plan recommended measures to be taken by the City to better
accommodate the disabled as they use City services.
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For the public restrooms in the Council Chambers lobby, the plan identified several deficiencies that could easily be improved, such as signage, door and fixture hardware,
and the height of the fixtures. The plan also identified greater challenges such as
inadequate stall space and substandard clear space. The easily improved elements
were taken care of shortly after the plan was approved, but the greater challenges were not.
A project was included in the 2017-18 Fiscal Year Capital Improvement Program to
renovate the restrooms to make them compliant. Onyx Architects was hired to prepare
the design and the construction plans for the work. Several options were considered, and the preferred option is to construct a separate unisex restroom next to the woman’s restroom, moving the lobby display cabinet closer to the front doors. The scope also
includes a new drinking fountain and bottle filling station. The architect’s estimate for
the work was $89,533.
DISCUSSION
In order to move this project forward in a timely manner, and target the City Council
meeting of December 19, 2017, for the award of a contract, the bid period was set at
two weeks. This was deemed appropriate due to the simple nature of the scope of work. The project was noticed through the normal channels, and sent to the plan room, Bid America, as advertised. In addition, several local contractors were personally
contacted regarding the project.
On December 12, 2017, two (2) bids were received. The bid plans and specifications were structured to include two alternate bid items: the replacement of the ceilings and the partitions in both the existing restrooms. The estimates for these items are $4,750
and $6,000 respectively. The results of the base bids and the alternate bids for the
project are as follows:
COMPANY
New Millennium
Construction Services
Vargas Olson
Enterprises
Base Bid 88,890.00 106,576.00
Alternate #1- Ceilings 5,113.20 6,325.00
Alternate #2 - Partitions 8,173.32 12,650.00
TOTAL $102,176.52 $125,551.00
Although only two bids were received, the total costs and the individual element
breakdowns for both bids appear to be reasonable and consistent with the architect’s
estimate. The alternate bid items are also reasonable and are within the budget. It is recommended that both alternate bid items be completed as part of this project.
The City did receive inquiries from other contractors. One contractor explained that
because this is a relatively small project, but requires the payment of prevailing wages,
he was not interested. This may have been a deterrent to both large and small
Council Chambers Restroom Renovation December 19, 2017
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contractors. In addition, the quick turnaround to accommodate the City’s schedule may have also been a challenge for prospective bidders.
New Millennium Construction Services has the required license, and has successfully
completed similar projects for other cities in the past. A 10% contingency is requested for additional funding authority when evaluating potential needs or changes. The Development Services Department is comfortable with the bids received, however, if the
City Council believes that additional bids should be sought, this bid can be rejected and
the project can be re-bid.
ENVIRONMENTAL IMPACT
This project is considered a Class 1 exemption as defined in Section 15301(c) of the
California Environmental Quality Act (“CEQA”) since the project consists of a minor
alteration to an existing public facility. FISCAL IMPACT
The Council Chambers Restroom Renovation project was budgeted in the FY 2016-17
Capital Improvement Program at $150,000 of Capital Outlay funds. The budget is sufficient to cover the bid amount of $102,176.52, including the 10% contingency, which could result in a total project cost of $112,394.
RECOMMENDATION
It is recommended that the City Council approve, and authorize and direct the City Manager to execute a contract with New Millennium Construction Services for the
Council Chambers Restroom Renovation Project in the amount of $102,176.52, with a
10% contingency, including a categorical exemption from the California Environmental
Quality Act (“CEQA”).
Attachment: Proposed Contract
GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015
CITY OF ARCADIA
COUNCIL CHAMBER RESTROOM RENOVATION
PROJECT NO. 17820518
NOVEMBER 2017
BETWEEN
CITY OF ARCADIA AND
NEW MILLENNIUM CONSTRUCTION SERVICES
CONTRACT
(PROJECT NO. 17820518)
GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 1
CONTRACT FOR THE
CITY OF ARCADIA
COUNCIL CHAMBER RESTROOM RENOVATION
PROJECT NO. 17820518
1. PARTIES AND DATE.
This Contract is made and entered into this ______ day of _________, 20__, by and
between the CITY OF ARCADIA (hereinafter called the "Owner") and NEW MILLENNIUM
CONSTRUCTION SERVICES (hereinafter called the "Contractor").
2. RECITALS.
2.1 The Owner is a charter City organized under the laws of the State of California, with
power to contract for services necessary to achieve its purpose;
2.2 Contractor, in response to a Notice Inviting Bids issued by Owner in November 2017,
has submitted a bid proposal for construction the COUNCIL CHAMBER RESTROOM RENOVATION described in the Contract. 2.3 Owner has duly opened and considered the Contractor's bid proposal, and duly
awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid
Documents, and has given written notice to Contractor on [**INSERT DATE**].
2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract.
3. TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference the following documents,
including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
a. Notice Inviting Bids
b. Instructions to Bidders c. Contract Bid Forms
d. Contract e. Contract Appendix
Part "A" - General Conditions
Part "B" - Supplementary General Conditions Part "C" - Special Provisions
Part "D" - Specifications Part "E" - Drawings (under separate cover)
Part “F” - Performance Bond Part “G” - Payment Bond
(PROJECT NO. 17820518)
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Part “H” - Escrow Agreement for Security Deposits (optional)
f. ADDENDUM NO. ______ dated _________________.
The above documents, including the General Conditions, are an integral part of the Contract
Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately below acknowledging that he or she has read, understood and agrees with all of the terms of the
Contract Documents, including, but not limited to, provisions of the General Conditions relating to indemnification, insurance, standards of performance, termination, compensation and time of the
essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any term or provision of the Contract Documents, and agrees to strictly abide by their meaning and
intent. In the event that Contractor fails to initial below, the Owner shall have the right to
declare the Contract unexecuted and to award the Contract to another contractor in
accordance with state law.
____________________________
Contractor’s Initials
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all
labor, materials, tools, equipment, services, and incidental and customary work for the construction
as necessary to fully and adequately complete COUNCIL CHAMBER RESTROOM RENOVATION including any alternates selected by the Owner, and all structures and facilities described in the
Contract (hereinafter the "Work"), for a total of ONE HUNDRED TWO THOUSAND ONE HUNDRED SEVENTY SIX DOLLARS DOLLARS AND FIFTY TWO CENTS ($102,176.52), as specified in the
Contract Bid Forms submitted by the Contractor in response to the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable terms of this
Contract. All Work shall be subject to, and performed in accordance with the above referenced documents.
3.3 Standard of Performance.
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the
same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor further represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this
Contract.
(PROJECT NO. 17820518)
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3.4 Period of Performance.
Contractor shall perform and complete all Work under this Contract within 60 calendar days,
beginning ten (10) calendar days after the date on which the Notice to Proceed is sent by the Owner to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any
completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications.
Contractor agrees that if such Work is not completed within the aforementioned period
and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule
located in the Specifications, it is understood, acknowledged and agreed that the Owner will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated
damages the sum of TWO HUNDRED FIFTY DOLLARS DOLLARS ($250.00) PER DAY as provided by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix.
3.5 Owner's Basic Obligation.
Owner agrees to engage and does hereby engage Contractor as an independent contractor
to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Owner
shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in
accordance with compensation provisions set forth in the Contract.
3.6 Contractor's Labor Certification.
Contractor maintains that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation
or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this
purpose is attached hereto as Exhibit “A” and incorporated herein by reference, and shall be executed simultaneously with this Contract.
3.7 Attorneys' Fees.
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall
be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action.
3.8 Successors.
The parties do for themselves, their heirs, executors, administrators, successors, and
assigns agree to the full performance of all of the provisions contained in this Contract. Contractor may not either voluntarily or by action of law, assign any obligation assumed by Contractor
hereunder without the prior written consent of the Owner.
(PROJECT NO. 17820518)
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3.9 Notices.
All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified
mail, return receipt requested, postage prepaid and addressed as follows:
Contractor Surety
New Millennium Construction Services __________________________ 4158 Lugo Avenue __________________________
Chino Hills, CA. 91709 __________________________ Attn: Lee Kemble Attn: ____________________
President ____________________
Owner With Copies To:
City of Arcadia [**INSERT ARCHITECT
240 West Huntington Drive NAME & ADDRESS**] Arcadia CA 91007 Attn: Philip A. Wray Attn: [**INSERT NAME & TITLE**]
City Engineer
Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
CONTRACTOR CITY OF ARCADIA
By: ____________________________ By: ______________________________
Name Dominic Lazzaretto, City Manager
____________________________ ______________________________ Title Date
By: ____________________________ Attest:
Name
____________________________ By: ______________________________ Title City Clerk
Tax I.D. Number: Contractor’s License:
____________________________ Number______________________________ Number
Class________________________________ Approved as to Form:
By: ______________________________
Stephen P. Deitsch, City Attorney
(PROJECT NO. 17820518)
GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT (EXHIBIT A)
EXHIBIT “A” CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of
the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions of
the Code. I agree to and will comply with such provisions before commencing the Work
governed by this Contract.
CONTRACTOR:
Name of Contractor: NEW MILLENNIUM
CONSTRUCTION SERVICES
By:
Signature: __________________________
Name: __________________________
Title: __________________________
Date: __________________________