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Home My WebLink AboutAGENDA REPORT 2021 1103 CCSA REG ITEM 10MCITY OF MOORPARK,   CALIFORNIA City Council Meeting of November 3, 2021 ACTION APPROVED STAFF RECOMMENDATION. BY K. Spangler. M. Consider the Award of Contract to F.S. Contractors, Inc. for the 2021 Sidewalk Rehabilitation Project (Project No. M0050). Staff Recommendation: Approve Amendment No. 1 to Agreement between the City of Moorpark and F.S. Contractors, Inc. for the 2021 Sidewalk Rehabilitation Project (M0050), Specification No. MPK 21-01, in the amount of $30,269.80 and authorize the City Manager to sign the Amendment subject to final language approval of the City Manager. (Staff: Daniel Kim, City Engineer/Public Works Director) Item: 10.M. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Daniel Kim, City Engineer/Public Works Director DATE: 11/03/2021 Regular Meeting SUBJECT: Consider the Award of Contract to F.S. Contractors, Inc. for the 2021 Sidewalk Rehabilitation Project (Project No. M0050) DISCUSSION On April 29, 2020, the City Council authorized staff to allocate remaining funds associated with the Tax Allocation Bond issued in 2006 to undertake Capital Improvement Projects that benefit the former Redevelopment Agency (RDA) Project Area. One of the approved and appropriated project allocations was in the amount of $273,324 for sidewalk rehabilitation within the RDA Project Area. On September 1, 2021, the City Council awarded a construction contract to F.S. Contractors, Inc. in the amount of $220,001.00, plus a 10% project contingency amount of $22,000.10, for a total contract amount of $242,001.10. The Plans and Specifications for the 2021 Sidewalk Rehabilitation Project proposed 14,000 square feet of sidewalk replacement. Because the total contract award amount, including the 10% contingency amount, is less than the appropriated project allocations, staff is recommending to increase the total quantity of sidewalk replacement at the bid unit price. The project will be funded from Account No. 3005-311-M0050-55200. After taking into consideration the cost for legal advertisement for bid solicitation ($1,053.10) and the construction contract, the available remaining budget for the project is $30,269.80. Account No. 3005-311-M0050-55200 $273,324.00 Legal Advertisement ($1,053.10) Construction Contract ($242,001.10) Budget Remaining $30,269.80 Item: 10.M. 449 Honorable City Council 11/03/2021 Regular Meeting Page 2 Staff is recommending to increase the proposed quantity of sidewalk replacement from 14,000 square feet to 16,751.8 square feet. The additional 2,751.8 square feet of sidewalk replacement, at the bid unit price of $11.00 per square feet, is $30,269.80 and will be covered by the remaining budget amount. Amendment No. 1 to the current Agreement with F.S. Contractors, Inc. will increase the total contract amount to $272,270.90. FISCAL IMPACT None. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Approve Amendment No. 1 to Agreement between the City of Moorpark and F.S. Contractors, Inc. for the 2021 Sidewalk Rehabilitation Project (M0050), Specification No. MPK 21-01, in the amount of $30,269.80 and authorize the City Manager to sign the Amendment subject to final language approval of the City Manager. Attachment: Amendment No. 1 450 ATTACHMENT AMENDMENT NO. 1 AGREEMENT BETWEEN THE CITY OF MOORPARK AND F.S. CONTRACTORS, INC. FOR THE 2021 SIDEWALK REHABILITATION PROJECT (M0050), SPECIFICATION NO. MPK 21-01 This Amendment No. 1 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and F.S. Contractors, Inc., a corporation (“Contractor”), for construction services (“Agreement”), is made and entered into on this ___ day of ____________________, 2021. RECITALS WHEREAS, on September 28, 2021 the City and Contractor entered into an Agreement to have the Contractor provide construction services related to sidewalk repair and rehabilitation; and WHEREAS, the City and Contractor now desire to amend the Agreement for an additional period; and WHEREAS, the City and Contractor now desire to amend the Agreement to increase the compensation for services to be performed by Contractor from Two Hundred Forty-Two Thousand One Dollars and Ten Cents ($242,001.10) by a value of Thirty Thousand Two Hundred Sixty-Nine Dollars and Eighty Cents ($30,269.80) for a total contract value of Two Hundred Seventy-Two Thousand Two Hundred Seventy Dollars and Ninety Cents ($272,270.90), and document said agreement to amend by jointly approving Amendment No. 1 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I.Section 1, TERM, is amended by replacing this section in its entirety as follows: “The term of the Agreement shall be from the date of execution until completion of the work identified in the Scope of Services and in conformance with Exhibit C and D, unless this Agreement is terminated or suspended consistent with Section 6 of this Agreement.” II.Section 2, SCOPE OF SERVICES, is amended by replacing this section in its entirety as follows: “City does hereby retain Contractor in a contractual capacity to provide construction services related to sidewalk repair and rehabilitation, as set forth in Exhibit C: Contractor’s Bid Proposal, dated July 30, 2021, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the “Proposal” and as set forth in Exhibit C, which include (i) Standard Specifications; (ii) Special Provisions; (iii) Workers’ Compensation Insurance Certificate (Labor Code 1860 and 1861); (iv) Payment and Performance Bonds; and (v) Insurance Certificate for General Liability and Automobile Liability, attached hereto and incorporated herein by this reference as though set 451 Amendment No. 1 to Agreement between City of Moorpark and F.S. Contractors, Inc. Page 2 forth in full and hereinafter referred to as Exhibit C. Where said Scope of Services as set forth in Exhibit C is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C, Exhibit D, and Specification No. MPK 21-01. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit C and Exhibit D. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C and Exhibit D. Compensation shall not exceed the rates or total value of Two Hundred Twenty Thousand One Dollars ($220,001.00) as stated in Exhibit C, plus a ten percent (10%) contingency of Twenty-Two Thousand Dollars and Ten Cents ($22,000.10), plus Thirty Thousand Two Hundred Sixty-Nine Dollars and Eighty Cents ($30,269.80) as stated in Exhibit D, for a total contract value of Two Hundred Seventy- Two Thousand Two Hundred Seventy Dollars and Ninety Cents ($272,270.90), without a written amendment to the agreement executed by both parties. Payment by City to Contractor shall be as referred to in this Agreement. City and Contractor acknowledge that this project is a public work to which prevailing wages apply, and that a public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor’s compliance with (a) and (b) and Contractor shall take all necessary actions to ensure subcontractor’s compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract.” III. Section 3, PAYMENT, is amended by replacing the first paragraph of this section in its entirety as follows: “The City agrees to pay Contractor monthly, in accordance with the terms and the schedule of payment as set forth in Exhibit C and Exhibit D, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Two Hundred Twenty Thousand One Dollars ($220,001.00) as stated in Exhibit C, plus a ten percent (10%) contingency 452 Amendment No. 1 to Agreement between City of Moorpark and F.S. Contractors, Inc. Page 3 of Twenty-Two Thousand Dollars and Ten Cents ($22,000.10), plus Thirty Thousand Two Hundred Sixty-Nine Dollars and Eighty Cents ($30,269.80) as stated in Exhibit D, for a total contract value of Two Hundred Seventy- Two Thousand Two Hundred Seventy Dollars and Ninety Cents ($272,270.90), for the total term of the Agreement unless additional payment is approved as provided in this Agreement.” IV.Remaining Provisions: Except as revised by this Amendment No. 1, all of the provisions of the Agreement shall remain in full force and effect. In Witness Whereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK F.S. CONTRACTOR, INC, _______________________________ _______________________________ Troy Brown City Manager Jose Angel Fierros President Attest: _______________________________ Ky Spangler City Clerk 453 CITY OF MOORPARK JANICE S. PARVIN Mayor DR. ANTONIO CASTRO Councilmember CHRIS ENEGREN Councilmember DANIEL GROFF Councilmember DAVID POLLOCK Councilmember PUBLIC WORKS DEPARTMENT | 799 Moorpark Avenue, Moorpark, California 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2555 | moorpark@moorparkca.gov CHANGE ORDER NO.: 1 CONTRACTOR: FS Contractors, Inc. PROJECT TITLE: 2021 Sidewalk Rehabilitation Project Specification No. MPK 21-01 FEDERAL ID NO.: N/A SUBJECT: Remove and Replace PCC Sidewalk All work involved in this Change Order shall conform with the Public Works Standard Specifications, Plans, General Provisions and Special Provisions. The following change is hereby made to the Contract Documents: Based on field measurements and existing site conditions, the City has determined that an additional 2,751.8 square feet of removal and replacement of PCC sidewalk will be added to the project scope of work. The Plans, Specifications and Bid Schedule are hereby revised to include the additional removal and replacement of PCC sidewalk at the contractor’s bid unit price of $11.00 per square feet (Item No. 4). The additional quantities are based on field measurements within the approved project limits. No additional working days or time extensions are granted. The total cost for this contract change order is not to exceed $30,269.80. Item 4 – Remove and Replace PCC Sidewalk: ADD 2,751.8 square feet $30,269.80 END OF CHANGES ================================================================== CHANGE TO CONTRACT PRICE Amount Original Contract Price $ 242,001.10 Plus approved quantity adjustments $ 0.00 Subtotal $ 242,001.10 Plus Change Orders to Date $ 0.00 Subtotal $ 242,001.10 This Change Order $ 30,269.80 Revised Contract Price $ 272,270.90 EXHIBIT D 454 Specification No. MPK 21-01 Change Order No. 1 Page 2 Number of CHANGE TO CONTRACT TIME Working Days By reason of this change order, the time for contract completion will be adjusted as follows: 0 GENERAL PROVISIONS Both Contractor and City agree and acknowledge that execution of this Change Order constitutes a mutual accord and satisfaction as to the work and/or time extension covered herein and Contractor specifically waives and releases any and all claims, rights or interest, including but not limited to those for impact disruptions, loss of efficiency, ripple, or other extraordinary or consequential costs arising directly or indirectly out of the work or time extension described in this Change Order except as specifically included herein. The contract is amended with respect to the above only and all other terms and conditions of the original contract remain unchanged. APPROVALS REQUIRED Proposed by/ Concurrence by: Jose Angel Fierros, President Date FS Contractors, Inc. Reviewed by: Ariane Quizon, Assistant Engineer Date Assistant Engineer Recommended by: Daniel Kim, P.E. Date City Engineer/Public Works Director Approved by: Troy Brown, City Manager Date 455