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HomeMy WebLinkAboutAGENDA REPORT 2023 0802 CCSA SPC ITEM 05A SUPPLEMENTAL MOORPARK CITY COUNCIL SUPPLEMENTAL AGENDA REPORT TO: Honorable City Council FROM: Jessica Sandifer, Deputy Parks and Recreation Director DATE: 08/02/2023 Special Meeting SUBJECT: Consider Award of Agreement to Monet Construction, Inc. for City Hall Tenant Improvement Project; and Resolution Amending Fiscal Year (FY) 2023/24 Budget by Allocating $6,880,750 from the Special Projects Fund (3004) to Fund the Project; and Determination of Exemption Under the California Environmental Quality Act in Connection Therewith CORRECTED AGREEMENT PAGES & CORRESPONDENCE RECEIVED This supplemental report has been prepared to transmit three corrected pages to be inserted into Attachment 1 – Agreement Documents, Exhibit D. Additionally, subsequent to the distribution of the agenda, correspondence from members of the public has been received and is attached for the City Council’s consideration. Attachment 1: Corrected Pages NIB-1, NIB-2, GP-13 Attachment 2: Correspondence received (12 emails) Item: 5.A. SUPPLEMENTAL 1 NIB-1 Richards, Watson & Gershon - 2020 12853-0019\2476738v1.doc NOTICE INVITING BIDS FOR CITY HALL TENANT IMPROVEMENT PROJECT [the “Project”] Identification number: P&R-2023-01 NOTICE IS HEREBY GIVEN that the City of Moorpark, California (“City”) invites sealed Bids for the Project. The City will receive such Bids at the City Clerk’s office, City Hall, 799 Moorpark Ave., Moorpark, California 93021 up to 3:00.p.m. on July 21, 2023, at which time they will be publicly opened and read aloud. The official bid clock, which will establish the official bid time, will be determined by the City Clerk’s Division of the City of Moorpark. Bids must be submitted on the City’s Bid Forms. SCOPE OF WORK. The Project includes, without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work necessary to satisfactorily complete the tenant improvement project of approximately 22,464 sq.ft. 2-story building, including but not limited to selective demolition of interior improvements, construction of new council chambers and support spaces, private offices, open office areas, restroom improvements, millwork, finishes, lighting, convenience power, HVAC systems, security system, AV and broadcast system, fire sprinkler modifications, FM200 system, fire alarm system, exterior wall painting, window seal repair, exterior door infill and construction, site accessibility improvements, exterior site improvements, roofing, rooftop HVAC units, emergency generator, and trash area expansion and the associated enclosures, as more specifically described in the Contract Documents. This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of Bids. Actual quantities of Work to be performed may vary at the discretion of the City Manager. The project is located at 323 Science Drive, Moorpark, CA 93021. OBTAINING BID DOCUMENTS. Bidders may obtain free copies of the Plans, Specifications and other Contract Documents online by visiting www.moorpark.ca.gov/bidding. Bidders are responsible for having the documents printed. NON-MANDATORY PRE-BID MEETING AND SITE VISIT. Two non-mandatory pre-bid meetings will be held on June 21, 2023 and June 27, 2023 from 10:00 a.m. to 12:00 p.m. at 323 Science Drive, Moorpark, CA 93021 followed by a non-mandatory site visit. Interested bidders are encouraged to e-mail jsandifer@moorparkca.gov to register your intention to participate in the meeting. No allowances for cost adjustments will be made if a Bidder does not attend the pre-bid meeting and site visit and/or fails to adequately examine the Project site before submitting a Bid. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. ATTACHMENT 1 2 NIB-2 Richards, Watson & Gershon - 2020 12853-0019\2476738v1.doc PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Director of Public Works, and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR. BONDS. Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the City and in an amount not less than ten percent (10%) of the total Bid submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverages, within fifteen (15) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law. LICENSES. Each Bidder shall possess a valid Class A or B Contractor’s license issued by the California State Contractors License Board at the time of the Bid submission, unless this Project has any federal funding, in which case the successful Bidder must possess such a license at the time of Contract award. Subconsultants shall possess a valid Class A, B or C Contractor’s license. The successful Contractor must also possess a current City business license or purchase one upon award of the Contract. LIQUIDATED DAMAGES. The successful bidder will be required to complete all work within 250 calendar days from the commencement date stated in the Notice to Proceed. The City is aware of long lead time items and will work with the Contractor on those items to ensure no penalties accrue due to those items. In accordance with Government Code section 53069.85, City will be compensated for damages incurred due to delays for which the Contractor is responsible. The parties agree that determining City’s exact delay damages is and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the time agreed upon for completion of the work, the Contractor shall pay to the City $125.00 per day, as liquidated damages and not as a penalty or forfeiture. Such amount shall constitute the only payment allowed for damages resulting from Contractor caused delays. The City shall have the right to deduct the amount of liquidated damages from any money due or that may become due under the Contract. The calendar days specified above includes the City’s Holiday Closures, as well as all legal holidays. Inspection is not available on all holidays and weekends. RETENTION SUBSTITUTION. Five percent (5%) of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300, and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a State or federally chartered bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the City make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney. 3 GP-13 3.12.4 Storage of Equipment and Materials. 3-12.4.1 General The Contractor shall make arrangements for storing its equipment and materials. The Contractor shall make its own arrangements for any necessary off-site storage or shop areas necessary for the proper execution of the Work. Approved areas within Work site may be used for temporary storage; however, the Contractor shall be responsible for obtaining any necessary permits from the City. In any case, the Contractor’s equipment and personal vehicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time. The Contractor shall submit a staging plan for approval by the City. The Contractor shall deliver, handle, and store materials in accordance with the manufacturer’s written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installation coordination to ensure minimum holding or storage times for materials recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss. Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure materials are undamaged and are maintained under required conditions. All costs associated with the clean-up and storage required to complete the Project shall be the sole responsibility of the Contractor. 3-12.4.2 Storage in Public Streets The first sentence of Section 3-12.4.2 shall not be incorporated and shall instead be replaced with the following: Construction materials and equipment shall not be stored in Streets, roads, or highways unless otherwise specified in the Special Provisions or approved by the City. 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY 3-13.1 Completion. The Contractor shall complete all Work under the Contract within two hundred and fifty (250) Calendar Days from the Notice to Proceed, subject to some adjustments for long lead time items. 3-13.2 Acceptance The Project will not be considered complete and ready for City Council direction to staff regarding recordation of the Notice of Completion until all required Work is completed, the Work site is cleaned up in accordance with Section 3-12 of Part 1 of the Standard Specifications and the Special Provisions, and all of the following items have been received by the City: 1.A form of Notice of Completion, with all information required by the California Civil Code; 2.All written guarantees and warranties; 4 From:tim@westlake.mobi To:Chris Enegren; Renee Delgado; Daniel Groff; Tom Means; Antonio Castro; Moorpark Cc:support@movetheneedle-ca.org Subject:Chambers of Commerce beg residents to shop local, we demand government do the same Date:Tuesday, August 01, 2023 10:44:45 PM Honorable Moorpark Councilmembers, I write to you this evening from a call-to-action from a local organization who stands for - and up for - Ventura County residents. This organization states that under consideration at an Aug. 2 Moorpark Council meeting is an consent agenda item to award up to $6 Mil. in construction contracts for a new City Hall building to Los Angeles based organizations where there supposedly is viable and comparable Ventura County organization bidders. If this is true, please take the advice of your own Chamber of Commerce and shop local for all the reasons they espouse, such as empowering our own economy, raising our own tax revenue, employing our own people and supporting our own families. Bottom dollar shopping, county outsourcing jobs in contrast to those benefits named above seems foolhardy and a dereliction of one's commitment to their community. If the delta between bids is so great, then negotiate. Sincerely, Tim Toton ATTACHMENT 2 5 From:Fenella To:Chris Enegren; Renee Delgado; Daniel Groff; Tom Means; Antonio Castro; Moorpark Subject:Moorpark City Hall Project Date:Tuesday, August 01, 2023 11:54:52 PM To our elected officials: Please only consider local Ventura County builders/businesses (that employ local families) for the Moorpark City Hall project. Our local businesses and families need the funding and support to revitalize our community. Thank you for considering your constituents wishes. Fenella Russell Sent from my Verizon, Samsung Galaxy smartphone 6 From:Cheryl Bisera To:Chris Enegren; Renee Delgado; Daniel Groff; Tom Means; Antonio Castro; Moorpark Subject:Please select a VC contractor for reno or rebuild of Moorpark City Hall Date:Wednesday, August 02, 2023 12:11:03 AM Dear Moorpark City Council, It has come to my attention that you have determined to remodel or rebuild the Moorpark City Hall and intend to use a contractor from Los Angeles County. As a resident of Ventura County I am asking you to select a contractor who is based and uses employees from Ventura County for the purpose of keeping taxpayer dollars in our county, encouraging employment and affordability by providing jobs to our own residents and showing your partnership with your community. Of course your constituents expect you to gather a good range of bids and analyze them for the most efficiency while making this important selection, however surely the council can find a comparable bid locally. Sincerely, Cheryl Bisera Thousand Oaks resident 7 From:Michael Steel To:Chris Enegren; Renee Delgado; Daniel Groff; Tom Means; Antonio Castro; Moorpark Subject:helping Moorpark citizens and county businesses succeed Date:Wednesday, August 02, 2023 6:42:19 AM Good Morning Elected Officials of Moorpark, I hope this reaches all of you in good health. My understanding is that you have a project slated for approval on today's agenda to renovate and construct a brand new city hall valued at over 6 million dollars. My truest position is that I am not clear on why you would even need to do this, or if this is just a want, but I believe you shouldn't be building it in the first place. It's a waste of our tax payer dollars, that could better serve the community in a number of other ways that could actually benefit the community, not just it's elected representatives. I came to learn that your collective initial selection is to award this project to a company out of Los Angeles County, even though you have viable options from companies based right here in Ventura County. My concern here is three-fold: 1. The obvious slap in the face to the local community to deprive a local company of this kind of revenue opportunity and the number of jobs it would help create or maintain (actually building our local economy) 2. The not-so-obvious to many, possible backscratching for receiving Hollywood money, as a result of your collective obedience to DEI policies dictated by Hollywood and the political Left to receive said money, which is peddled by the Left as a goal to achieve "Equity" for all, which is known to an increasing number of us voters as the Socialist playbook for "the Tax Payer pays for the Socialist Wishlist", and 3. I am less and less a fan of Public/Private Partnerships as this is directly out of the Marxist playbook and is an abuse of Tax Payer dollars as the Tax Payer is the Investor and yet, the Tax Payer receives little-to-no Return On Investment (take Toll Roads as an example). Seems inappropriate and abusive to me, the more I learn about this relationship. My wish is for all of you to do the right thing and re-evaluate your decision and accept one of the bids from a company that has offices and employees residing in Ventura County, so that the money of the Tax Payer funded project stays in our community ans aids locals families to afford the ever growing 'Cost of Living' in Ventura County.. Be the heroes that the people think they elected. Best Regards, Michael Steel 8 From:George Town To:Chris Enegren; Renee Delgado; Daniel Groff; Tom Means; Antonio Castro; Moorpark Date:Wednesday, August 02, 2023 7:14:30 AM I agree with the following tenets... and you should too.. please keep the funds local and support our local and surrounding communities. Outsourcing will only deplete these communities. Thank you for your time. Deanna Ochoa Moorpark (and other cities) should make helping local employers within Ventura County a priority * Keeps tax dollars (income & sales) local * Helps families afford the high cost of living in the county * Demonstrates the community spirit of private/public partnerships * Step towards cities helping other cities 9 From:Margarita Assael To:Antonio Castro; Renee Delgado; Chris Enegren; Daniel Groff; Tom Means; Moorpark Subject:Bid for City Hall Date:Wednesday, August 02, 2023 8:17:51 AM City Council Members, I have taught in Moorpark and love this community. Keep our local tax dollars in the community and show a working partnership with businesses. Why give the building bid to a company in Los Angeles? Are there not companies that would do the job here in Ventura County? In Moorpark? Don't turn your back on your community. Show your loyalty and faith in Ventura County and especially Moorpark. Sincerely, Margarita Assael 10 From:B G To:Moorpark Subject:Ventura county businesses Date:Wednesday, August 02, 2023 8:41:48 AM The people of businesses in ventura county must have priority over ventura county tax dollar business opportunities. Business contracts are offered to our local people before dealing outside the county. Keep our local businesses supported with our local tax dollars. Listen to the people of ventura county. Your constituency. Brenda Gray 785 arbor ave. Ventura 11 From:Larry Anderson To:Chris Enegren; Renee Delgado; Daniel Groff; Tom Means; Antonio Castro; Moorpark Cc:Tim McCoy Subject:Keeping Ventura County Projects Local Date:Wednesday, August 02, 2023 8:55:26 AM Attachments:image001.png Good Morning, We are a local Ventura County contractor and can’t understand why you wouldn’t support your local community vendors? Why give a substantial project like the Moorpark City Hall to an LA based contractor? There are plenty of local vendors who would love to do a great job building this project and our local pricing should be less expensive from my 50 plus years of experience working from OC to LA to VC to SB. VC has best pricing and less travel for the project. Keep our tax dollars local, support our local employees and their families especially during a time of high cost of living right now and their need to stay employed. I was quoted in the Wall Street Journal last Saturday/Sunday edition about keeping our employees working as we feel the pains of recession approaching. Please re-consider your decision and keep the work local. Thank you. Larry Anderson | CEO/President E: LarryA@Andercon.net W: www.Andercon.net Lic# B440725 This E-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. This information is confidential information and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. 12 From:Chris Bouckaert To:Chris Enegren; Renee Delgado; Daniel Groff; Tom Means; Antonio Castro; Moorpark Subject:city hall Date:Wednesday, August 02, 2023 10:47:36 AM Dear Sir or Madam, Please think about the workers and the taxpayers that you represent by keeping construction projects local. Outsourcing is the equivalent of having industries from China or Mexico doing things that can be made in our country. Let’s favor exportation that gives work to our workers and add moneys to our local finances and reduce importation. This is the same thing at the local scale. Thank you for the consideration, Chris Bouckaert 13 From:Steve Reineke To:Chris Enegren; Renee Delgado; Daniel Groff; Tom Means; Antonio Castro; Moorpark Subject:New City Hall Building - Please Choose a Ventura County Vendor! Date:Wednesday, August 02, 2023 12:01:36 PM The idea of a new city building is exciting, but please re-consider your choice of primary vendor. We do not want all of these funds to be given to a Los Angeles county vendor! We want jobs for our local residents. Please re-consider and choose a vendor from Ventura County. Thanks for your time and consideration Steve Reineke Choosing an LA vendor is like the federal government giving a contract to a Chinese company! 14 From:Emily To:Chris Enegren; Renee Delgado; Daniel Groff; Tom Means; Antonio Castro; Moorpark Subject:Please use a Ventura County company for city offices Date:Wednesday, August 02, 2023 1:51:20 PM City Council Members, I received an email this morning that expressed concern that you have an agenda item where you are considering using a Los Angeles construction company for a job on city offices. As an involved citizen of Ventura, I ask that if possible, please use a Ventura company. We need to support our companies and their employees and keep as much money as possible in our county, including sales tax and city/county taxes. Thank you for your consideration. I know you will do what's best for your city and our county. Always joyful, Emily Link Simi Valley, CA 93065 15 From:Michele Turturici To:Chris Enegren; Renee Delgado; Daniel Groff; Tom Means; Antonio Castro; Moorpark Subject:Keep Business Local for the Locals:) Date:Wednesday, August 02, 2023 3:01:40 PM Hello, I recently learned about the Moorpark City Hall improvement plans. Very exciting to hear! I was disappointed to hear the renovation project may be completed by a company outside of Ventura County when there are many well qualified companies within Ventura county. I think it would be more meaningful and beautiful to keep the work local to support our community by keeping tax dollars local and it would help local businesses and families afford to keep up with the cost of living in the county. Thank you! -- 16