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HomeMy WebLinkAboutItem 1e - Americans with Disabilities Act ("ADA") Improvements at City Facilities DATE: May 15, 2018 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 By: Jennifer Nishida, Assistant Engineer SUBJECT: CONTRACT WITH GOLDEN STATE CONSTRUCTORS, INC. FOR AMERICANS WITH DISABILITIES ACT (“ADA”) IMPROVEMENTS AT CITY FACILITIES IN THE AMOUNT OF $114,630, AND A CATEGORICAL EXEMPTION PURSUANT TO SECTION 15301 CLASS 1(a) AND 1(c) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) Recommendation: Approve SUMMARY On November 7, 2017, the City Council approved an appropriation of $175,000 of unused Community Development Block Grant (“CDBG”) funds for use on Americans with Disabilities (“ADA”) Improvements at various City facilities. This Capital Improvement Project proposes to add an ADA accessible ramp in the Council Chambers, more accessible parking stalls in the Community Center parking lot, and an ADA compliant ramp and parking stalls in the Chamber of Commerce parking lot. The project was advertised in April, 2018, and bids were opened May 1, 2018. Two (2) bids were received, and Golden State Constructors, Inc. (“GSCI”) submitted the successful low bid in the amount of $114,630. It is recommended that the City Council approve, and authorize and direct the City Manager to execute , a contract with GSCI for the City Facilities ADA Improvements Project. BACKGROUND The City of Arcadia participates in the U.S. Department of Housing and Urban Development’s CDBG program through the County of Los Angeles Community Development Commission (“CDC”). The CDC has advised that the City of Arcadia is eligible to use $225,000 in unused funds this Fiscal Year. An Americans with Disabilities Act (“ADA”) Accessibility Improvement project was selected for City Facilities, and on November 7, 2017, the City Council approved an appropriation of Award Contract for ADA Improvements at City Facilities May 15, 2018 Page 2 of 3 CDBG funds in the amount of $175,000 for a project entitled City Facilities ADA Improvements. The City has a need for improvements at various City facilities to meet ADA accessibility requirements. A project scope was selected based on the greatest needs at the various City facilities. The proposed scope is as follows:  Construction of a ramp in the Council Chambers from the audience level to the general stage (first level). The ramp is proposed on the left side of the room facing the stage, and will include a glass paneled protective barrier and hand rail, and require the removal of three audience seats to maintain adequate accessibility clearance. A ramp to the third level is not necessary because ADA access can be accommodated through the Council Chambers Conference Room and the Audio/Video room.  Addition of six (6) ADA accessible parking stalls in the Community Center Parking Lot. The one accessible parking stall in the rear parking lot off of Campus Drive will be eliminated and seven (7) new spaces will be added in the main parking lot. Three (3) spaces will be added to the existing spaces just west of the covered loading/unloading aisle, and four (4) will be added in the southeast portion of the lot. Portions of the rear lot and the main lot will be restriped to gain additional parking spaces so that there is no loss of standard spaces. The project will include additional sidewalk, ADA ramps, striping , and signage around the new accessible spaces.  Construction of a new ADA access ramp and relocation of one accessible parking stall at the Chamber of Commerce parking lot. The current ADA ramp connecting the parking lot to the sidewalk is substandard. A new ramp is proposed slightly to the north, and one accessible parking stall will be relocated north to be adjacent to the new ramp. The project will include the removal of the existing ramp, and additional sidewalk to create a new accessible route to the existing walkway to the building. DISCUSSION The project was advertised for bids in April, 2018, and bids were opened on May 1, 2018. The engineer’s estimate was $137,500. Bids were received from two (2) prospective contractors with the following results: COMPANY AMOUNT Golden State Constructors, Inc. (GSCI) $114,630 EC Construction $118,494 Award Contract for ADA Improvements at City Facilities May 15, 2018 Page 3 of 3 After reviewing the bid documents, GSCI was determined to be the lowest responsible bidder. GSCI has been in existence for 13 years, is a qualified and competent contractor, and has completed similar work. It is determined that GSCI can satisfactorily perform the required work. ENVIRONMENTAL IMPACT The project is categorically exempt per Section 15301 class 1(a) and 1(c) of the California Environmental Quality Act (“CEQA”). FISCAL IMPACT This project was budgeted in the Fiscal Year 2017-18 Capital Improvement Program. This is a CDBG-funded project, and will be funded by carryover funds from previous allocations. The total budget is $175,000. The low bid for the work is $114,630, and with a 10% contingency, the maximum total cost of the project would be $126,093. There are sufficient funds to cover all elements of the project with existing unspent CDBG funds. RECOMMENDATION It is recommended the City Council find the project is categorically exempt pursuant to Section 15301 Class 1(a) and 1(c) of the California Environmental Quality Act (“CEQA”); and approve, and authorize and direct the City Manager to execute a Contract with Golden State Constructors, Inc. (“GSCI”) for Americans with Disabilities Act (“ADA”) Improvements at City Facilities in the amount of $114,630, with a 10% contingency. Attachment: Proposed Contract with Golden State Constructors, Inc. GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CITY OF ARCADIA CITY FACILITIES ADA IMPROVEMENTS PROJECT NO. 43855518 CDBG PROJECT NO. 601924-17 APRIL 2018 BETWEEN CITY OF ARCADIA AND GOLDEN STATE CONSTRUCTORS, INC. CONTRACT (PROJECT NO. 4385518) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 1 CONTRACT FOR THE CITY OF ARCADIA CITY FACILITIES ADA IMPROVEMENTS 1. PARTIES AND DATE. This Contract is made and entered into this ______ day of _________, 2018, by and between the CITY OF ARCADIA (hereinafter called the "Owner") and GOLDEN STATE CONSTRUCTORS, INC. (GSCI) (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 April 2018, has submitted a bid proposal for construction the CITY FACILITIES ADA IMPROVEMENTS 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" - Federal Requirements Part "C" - Special Provisions Part "D" - Standard Drawings Part "E" - Drawings (under separate cover) Part “F” - Performance Bond Part “G” - Payment Bond Part “H” - Escrow Agreement (optional) (PROJECT NO. 4385518) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 2 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 necessary to fully and adequately complete CITY FACILITIES ADA IMPROVEMENTS 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 FOURTEEN THOUSAND SIX HUNDRED TEN DOLLARS AND ZERO CENTS ($114,610.00), 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. 4385518) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 3 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within 10 working 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 ($250) 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. 4385518) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 4 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 Golden State Constructors Inc. 208 E. Orangethorpe Ave. Placentia CA 92870 Attn: Attn: Owner With Copies To: City of Arcadia 240 West Huntington Drive Arcadia CA 91007 Attn: Philip A. Wray Attn: 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. 43855518) 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: Golden State Constructors, Inc. By: Signature: __________________________ Name: __________________________ Title: __________________________ Date: __________________________