HomeMy WebLinkAboutAGENDA REPORT 2014 0917 CCSA REG ITEM 10J ITEM 10.J.
city a&MOORPARK,CALIFORNIA
ts'lty council Meeting
MOORPARK CITY COUNCILS
AGENDA REPORT l.,cd !
TO: Honorable City Council BY: _ -. (-fi,1
FROM: Hugh R. Riley, Assistant City Mara er .r .
DATE: August 22, 2014 (CC Meeting of (09117!14)
SUBJECT: Consider Authorization for Recordation of a Notice of
Completion for City of Moorpark Contract # 2011-107- Phase B;
Bid Package # 12 - Finishes- Standard Drywall, Inc. for the
Ruben Castro Human Services Center
BACKGROUND & DISCUSSION
The Ruben Castro Human Services Center (RCHSC) was constructed as a multiple-
prime contract project with construction management provided by Barnhart Balfour
Beatty Construction (Balfour Beatty). Bids were solicited from trades in September 2010,
opened on October 21, 2010 and construction contracts awarded by the City Council on
January 19, 2011. Standard Drywall, Inc. was selected as the lowest responsive and
responsible bidder for the Finishes bid package (Bid Package #12) and a construction
agreement was executed on April 12, 2011.
On November 6, 2013 the City Council approved Amendment 7 to the contract
establishing that portion of the Agreement inclusive of the original agreement amount
and previous approved Amendments 1, 2, 3, 4 and 6 totaling an amount not-to-exceed
two million three hundred and one thousand three hundred seventy three dollars and
eighty five cents ($2,301,373.85) as Phase A (See Attachment 1- Agenda Report).The
portion of work inclusive of previous approved Amendment 5 for modifications to the
exterior trellis feature was established in an amount not-to-exceed one hundred sixty
thousand seven hundred seventy two dollars and zero cents ($160,772.00) as Phase B.
As of October 1, 2012, all contract installation and administrative requirements were
satisfied by Standard Drywall, Inc. for the completion of Phase A of the Agreement. On
November 6, 2013 the City Council authorized the recordation of a Notice of Completion
(NOC) and release the Surety Bond # 024034176 at the expiration of the warranty period
for Phase A. The NOC was recorded on November 18, 2013.
On August 18, 2014, SDI completed the installation and finishing of Phase B, the Airolite
Trellis at the Center. On July 16, 2014 the City received an Unconditional Waiver and
Release from Airolite Company, LLC for payment for the Airolite materials.
Staff is requesting City Council authorization to record a Notice of Completion for Phase
B of this contract. The recommendation letter from Balfour Beatty Construction is
Attachment 2. Since the original contract work was completed in Phase A, the
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Honorable City Council
Regular Meeting of September 17, 2014
Page2
performance and payment bonds did not apply to Phase B. The term of those bonds will
expire on November 13, 2014. Upon City Council authorization to City Staff, the City
Clerk shall file and record the Phase B Notice of Completion with the County of Ventura.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Authorize the City Clerk to file a Notice of Completion for the specified work (Phase B),
and authorize the release of the remaining retention as described in the staff report.
ATTACHMENTS:
1. Agenda Report-Amendment No. 7
2. Recommendation Letter from Balfour Beatty Construction
3. Notice of Completion
163
TO:
FROM:
DATE:
SUBJECT:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
Hugh R. Riley, Assistant City
October 25, 2013 (CC Meeting of 11/06/13)
ITEM 10.R.
Consider Amendment Number 7 for Contract No. 2011-107 with
Standard Drywall, Inc. for the Ruben Castro Human Services Center
and Authorizing Release of Contract Retention for the Completed
Work
BACKGROUND & DISCUSSION
The Ruben Castro Human Services Center (RCHSC) was constructed as a multiple-
prime contract project with construction management provided by Barnhart Balfour
Beatty Construction (Balfour-Beatty). Bids were solicited from trades in September,
2010, opened on October 21, 2010 and bids were awarded by the Moorpark City
Council on January 19, 2011. Standard Drywall, Inc., (SOI) was selected as the lowest
responsive and responsible bidder for the Finishes bid package and a construction
agreement was executed on April 12, 2011. The original contract amount was for
$2, 175,000 with a contingency amount of $217,500.
The design of the RCHSC included an exterior trellis element to provide both
architectural interest and shaded areas to reduce direct afternoon sunlight into building
windows and offer shaded retreats for patrons visiting the center. The architect
specified a composite material called 'Trex" for the construction of the sunshade
element.
During the final exterior construction and installation of the Trex onto the steel outrigger
supports, a concern was raised by Balfour-Beatty's construction team about the span
distances for this material and bending and twisting which was being seen.
Subsequently, the Trex material was rejected by the City and a agreement was reached
with HMC Architects (HMC) to compensate the City for the materials and labor involved
with the Trex installation.
B_alfour-B~atty, toget_her with City staff, sought out alternative materials, including
d1~~rent sizes and thicknesses of tube steel, angle iron, and "C" channel to replace the
original Trex composite lumber. While material and pricing costs were being collected,
ATTACHMENT 1 345
164
Honorable City Council
November 6, 2013
Page 2
Balfour-Beatty also researched a manufacturer called Airolite. which produces a number
of sunshade products including louvers, grilles, and other sun control applications.
Balfour-Beatty compiled pricing for the various alternative materials and labor from the
structural steel contractor, Steelcon, Inc. Additionally, Balfour-Beatty obtained costs for
the installation of the Airolite product from two other trades who hold licenses required
to install this specific product; Best Contracting, Inc., and Standard Drywall, Inc. SDI
presented the most competitive cost for installation of the Airolite sunshades. A recap
of the alternative materials and costs. including labor, is provided below:
·-·--
Material Cost
1 x1 x.122 tube steel $148,329.99* ---------·--
1x1x.166 tube steel $161,592.10*
2x2x. 188 tube steel $176,537.22*
2x4x.188 tube steel $202,434.04*
2x4x.250 tube steel $222,365.96* ----
3x3x1 /4 steel angle (8 per bay used with TREX) $102,971.41*
3' C Channel (4 per bay used with TREX)
·-
$99,421.25*
2x4 unfinished aluminum $174,725.39*
6063 T52 Alum 2x4x1/8" tube $135,653.18* -----
Airolite Sunshade System bv SDI $160,772.00**
*Cost does not include freiciht or engineerinci
**Includes deduct for uninstalled TREX labor. TREX
material turned over to Citv. ----
Based on factors including the original design appearance intent, ability to attach to the
existing outriggers, labor cost for installation, and future maintenance costs, City
representatives and Balfour-Beatty concurred that the Airolite sunshade product would
be the overall superior choice of the various alternatives available to replace the Trex
composite material.
On December 19, 2012 the City Council authorized additional funding and approved
Amendment No. 5 to the original contract with SDI. On October, 2013, SDI submitted
shop drawings (Plans) to the City Building and Safety Division for the Airolite material
installation. The Plan review required a review of the existing steel support structure for
the sunshade installation and, subsequently, new structural calculations. On October 7,
the City obtained a proposal from TIG Engineers to complete the new structural
calculations and that work has been authorized at a cost of $1,200
Actual construction included in Contract 2011-107 (to be considered as Phase A)
excluding Amendment No. 5 for the Sunshade installation (to be considered as Phase
B) was completed by SDI on October 1, 2012. On October 8, 2013, the original 10%
contract retention of $230,824.48 was reduced to 5% and $115,412.24 was released to
SDI leaving a 5% retention balance of $115,412.24 for the original contract.
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165
Honorable City Council
November 6, 2013
Page 3
Pursuant to Public Contract Code section the final payment of ten percent (10%) of the
value of work done under this agreement, if unencumbered, shall be made within sixty
(60) days after the date of completion of the work, provided however, that in the event of
a dispute between the City of Moorpark and the Contractor, the City of Moorpark may
withhold from the final payment an amount not to exceed one hundred and fifty percent
(150%) of the disputed amount. Completion means any of the following as provided by
Public Contract Code section 7107:
1. The occupation, beneficial use, and enjoyment of a work of improvement,
excluding any operation only for testing, startup, or commissioning, by the
public agency, or its agent, accompanied by cessation of labor on the work of
improvement.
Considering actual construction included in Contract 2011-107 (Phase A) inclusive of
previously approved Amendments 1, 2, 3, 4, and 6 is completed based upon occupancy
and beneficial use of the Project by the City on October 1, 2012 and in compliance with
Public Contract Code section 7107, 1elease of remaining retentions with the exception
of an amount equal to the additional scope remaining (Amendment # 5 -Phase 8) is
mandated.
FISCAL IMPACT There is no fiscal impact from this action. Funds for Phase B have
already been appropriated.
STAFF RECOMMENDATION
1. Approve Amendment No. 7 considering actual construction included in Contract
2011-107 inclusive of previously approved Amendments 1,2,3,4 and 6 as construction
Phase A and considering actual construction included in previously approved
Amendment# 5 (exterior shade structure element) as Phase B.
2. Consider actual construction included in Contract 2011-107 inclusive of
previously approved Amendments 1,2,3.4 and 6 (Phase A) as complete and in
beneficial use by the City commencing on October 1, 2012 and authorize the City CI erk
to approve the release of remaining contract retention balance for Phase A of
$115,412.24.
Attachment 1: Amendment No. 7
347
166
ATTACHMENT 1
SEVENTH AMENDMENT TO AGREEMENT 2011-107
FOR BID PACKAGE #12-FINISHES
AT THE RUBEN CASTRO HUMAN SERVICES CENTER
THIS SEVENTH AMENDMENT TO THE AGREEMENT FOR BID PACKAGE #12 -
FINISHES ("Seventh Amendment"), is made and entered into this day of
________ . 2013, ("the Effective Date") between the City of Moorpark, a
municipal corporation, hereinafter referred to as "CITY", and Standard Drywall, Inc., a
California corporation, hereinafter referred to as "CONTRACTOR".
WITNESSETH:
WHEREAS, on April 12, 2011, the CITY and the CONTRACTOR entered into an
"Agreement" for finishes for the Ruben Castro Human Services Center; and
WHEREAS the CONTRACTOR has executed six previous Amendments to the
Agreement totaling an amount not-to-exceed two hundred eighty seven thousand, one
hundred forty five dollars and sixty five cents ($287.145.85) increasing the total not-to-
exceed amount to two million four hundred sixty two thousand five hundred fifty nine
dollars and sixty five cents ($2,462.145.85) for finishes for the Ruben Castro Human
Services Center; and
WHEREAS, the CITY wishes to further amend the Agreement to consider that
portion of the Agreement inclusive of the original agreement amount and previous
approved Amendments 1, 2, 3, 4 and 6 totaling an amount not-to-exceed two million three
hundred and one thousand three hundred seventy three dollars and eighty five cents
($2,301,373.85) as Phase A and that the portion of work inclusive of previous approved
Amendment 5 for modifications to the exterior trellis feature in an amount not-to-exceed
one hundred sixty thousand seven hundred seventy two dollars and zero cents
($160,772.00) as Phase B.
WHEREAS, on , the City Council of the City of Moorpark
approved modification of the Agreement as the Seventh Amendment, and
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto AMEND the Agreement follows:
I. Section 2 of the Agreement is amended to include:
Contractor's Scope of Services is amended to include only the remaining scope of
services described in the Fifth Amendment of the Agreement as Phase 8-.
Construction Agreement
Seventh Amendment Between City of Moorpark and Standard Drywall, Inc.
Page 1of2
348
167
II. Section 7 of the Agreement is amended to include:
CITY hereby considers that work inclusive of the original Agreement inclusive of
Amendments 1, 2, 3, 4 and 6 as Phase A and considers that work inclusive of Amendment
6 as Phase B.
Ill. Remaining Provisions
All other terms and conditions of the original Agreement and all other amendments
shall remain in full force and effect. except to the extent modified by this Seventh
Amendment.
CITY OF MOORPARK
By:
~~~~~~~~~~~~~~-
Steven Kueny
City Manager
ATIEST:
Maureen Benson, City Clerk
Construction Agreement
STANDARD DRYWALL, INC.
David J. Dearborn
Project Manager
Seventh Amendment Between City of Moorpark and Standard Drywall, Inc.
Page 2 of 2
349 168
Balfour Beatty
Construction
Hugh R. Riley
Assistant City Manager
799 Moorpark Ave.
Moorpark CA 93021
August 18, 2014
Project: Ruben Castro Human Services Center, City of Moorpark
Re;
Dear Mr. Riley,
Recommendation to issue a Notice of Completion -Phase B
Bid Package # 12 -Finishes -Phase B Exterior Trellis
Standard Drywall Incorporated
City of Moorpark Contract # 2011-107
Please accept this letter as recommendation to request City Council approval for issuance of a
Notice of Completion for work related to Bid Package # 12 -Finishes -Phase B Exterior Trellis
Installation. The date of labor cessation is June 23, 2014, final inspection and sign off by City of
Moorpark Building and Safety occurred August 18, 2014. All other contract and administrative
requirements related to Phase B have been satisfied by Standard Drywall Incorporated and
found acceptable by Balfour Beatty Construction.
Upon City Council authorization to City Staff to issue a Phase B Notice of Completion, the City
shall file and record the Notice of Completion with the County of Ventura. Following recordation
of a Notice of Completion with the County of Ventura, the city shall allow the statutorily required
time elapse, following which the City will release final retention to the trade contractor.
Should you have any questions, please contact me at any time.
Respectfully,
Dennis Kuykendall
Senior Project Manager, Balfour Beatty Construction
ATTACHMENT 2
169
~AIROLITE·' ~ The look that works:·
PO Box410
Schofield, WI 54476-0410
(715)359-6171
UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
The Airolite Company, LLC has been paid and has received a final payment for
services, equipment or material furnished to Standard Drywall Inc on the job of Ruben
Castro Human Services Center and does hereby release pro tanto any mechanic's lien,
stop notice, or bond right that The Airolite Company, LLC has on the above referenced
job to the following extent. This release covers a final payment for labor, services,
equipment or materials furnished to Standard Drywall Inc and does not cover any
retention for items already furnished, or items furnished after that date .
. ~\\\,\lUll/IJ///.; ~\"\ o..\f. K. Ri.;~ ~;:.,.;.~'t·•·······,Va .. ~
Dated: 07-15-2014 ~/~OTA.~'~·.;~% .
. ::: ; : .. 'T)e· ':. Z..~ = .: ....... _y. :m·=· =·en..! . ....... : ~·--· ~ ~ \ ;:,u.a·. . :-~. ~~··. · LIC /~.~-·~· ~··. .··&"'~ ~ o~· .. , ... ,·~t~ .~·· . Wrscu~~-S'
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Notary~~
..
_,.
'····· Uelder Velasqu:
Senior Credit Analyst
Commission Expires: a¢c,,/1 7
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING
UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN
PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM.
170
CALIFORNIA PRELIMINARY NOTICE
USE PROOF OF SERVICE AFFIDAVIT OF CALIFORNIA PRELIMINARY NOTICE
(PRIVATE AND PUBLIC WORK-IN ACCORDANCE WITH SECTION 8034, 8102, 8116 AND 8200 ET SEQ.
AND 8034, 8612 AND 9300 ET SEQ. CALIFORNIA CIVIL CODE
CONSTRUCTION LENDER
(Or Reputed Construction Lender, if Any)
Construction loan no. _____ (if known)
OWNER Or PUBLIC
Or Reputed Owner
(On Private Work)
AGENCY
(On Public Work)
City of Moorpark
799 Moorpark A venue
Moorpark, CA 93021
DIRECT CONTRACTOR
(Or Reputed Direct Contractor)
Standard Drywall Inc
3 I 00 Palisades Drive
Corona, CA 92880
SUBCONTRACTOR
(Or Reputed Subcontractor)
SUB-SUBCONTRACTOR
(Or Reputed Sub-Subcontractor)
SUB-SUB-SUBCONTRACTOR
(Or Reputed Sub-Sub-Subcontractor)
Liberty Mutual Insurance
175 Berkeley Street
Boston, MA 02116
BOND COMPANY
An estimate of the total price of the labor, services, equipment or
materials furnished or to be furnished is:
$120,713.99
JUN 0 9 2014
CITY CL.ERK'$ DIVlilON
CfTV 8F UOOFl>APIK
YOU ARE HEREBY NOTIFIED THAT .. _
The Airolite Co., LLC
PO Box 410
Schofield, WI 54476
(Llelder Velasquez
Telephone: (715) 355 -6521; Email:
Llelder. Velasquez@greenheck.com)
(name and address of person or firm -sender)
has furnished or will furnish materials of the following general
description:
Louvers
for the building, structure or other work of improvement located at:
Ruben Castro Human Services Center
612 Spring Road
Moorpark, CA 93021
The name of the person or firm who contracted for the purchase
of such labor, services equipment or materials:
Standard Drywall Inc
3 100 Palisades Drive
Corona, CA 92880
NOTICE TO PROPERTY OWNER
EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN
FULL, if the person or firm that has given you this notice is not paid in full
for labor, service, equipment, or material provided or to be provided to your
construction project, a lien may be placed on your property. Foreclosure of
the lieu may lead to loss of all or part of your property. You may wish to
protect yoursdf against this by (I) requiring your contractor to provide a
signed release by the person or firm that has given you this notice before
makiug payment to your contractor, or (2) any other method that is
appropriate under the circumstances.
This notice is required by law to be served by the undersigned as a
statement of your legal rights. This notice is uot intended to reflect upon the
fiuaucial condition of the contractor or the persou employed by you on the
construction project.
If you record a notice of cessation or completion of your construction
project, you must within IO days after recording, send a copy of the notice of
completion to your contractor and the person or firm that bas given you this
notic~. The :;oticc m :ist be sent by registered o:-certified mail. Failure to send
the notice will extend the deadline to record a claim of lien. You are not
required to send the notice if you are a residential homeowner of a dwelling
containing four or fewer units.
Claimant's Notice of unpaid compensation & employer payments owing to
laborers & entities (described in Civil Code§ 8202(b)): The names and addresses
of the laborer(s) and the Trust Fund to whom compensation and employer
payments is/are due and payable are:
171
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
Attn: City Clerk
NO FEE REQUIRED PURSUANT TO:
Government Code Sections 6103 and 27383
Space above this line for Recorder's use
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204 must be filed on or within 15 days after the date of completion of a work of
improvement. Civil Code Section 9200 provides that completion of a work of improvement occurs at the earliest of
(a) acceptance of the work of improvement by the public entity or (b) cessation of labor on the work of improvement for a
continuous period of 60 days.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the
property hereinafter described:
2. The full name of the owner is: City of Moorpark
3. The full address of the owner is: 799 Moorpark Avenue, Moorpark California 93021
4. The nature of the interest or estate of the owner is: in fee
The owner retained a contractor to perform a work of improvement as follows: Finishes-Phase A and B, for
the Ruben Castro Human Services Center
5. The name and address of the contractor, if any, for such work of improvement was: Standard Drywall, Inc.,
3100 Palisades Drive, Corona, CA 92880
The date of the contract was: April 12, 2011
6. The name and address of the surety, if any, was: Liberty Mutual Insurance Company, Interchange Corporate
Center, 450 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462-1644 -Bond # 024034176
7. The name and address of the construction lender, if any, for such work of improvement was: None
8. The property on which the work of improvement was constructed is in the City of Moorpark, County of
Ventura, State of California, and is described as follows: APN: 512-0-171-235 and 245
9. The street address of said property is: 612 Spring Road
10. Date labor ceased on the work of improvement for Phase B: June 23, 2014.
11. The work of improvement for Phase B only was completed on: August 18, 2014.
Dated: ______ _ Signed: ___________________________ _
Steven Kueny, City Manager, City of Moorpark, 799 Moorpark Ave., Moorpark,
California
VERIFICATION
I, the undersigned, say: I am the City Manager of the City of Moorpark. I am authorized to make this
verification for and on behalf of the City of Moorpark and I make this verification for that reason. I have read this
Notice of Completion and the matters stated in this Notice of Completion are true of my own knowledge. 1
declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on _____ , 2014, at Moorpark, California.
Signed :c;-;=::-v::::~:;:;:-:-;;-;::::-::-:::--;::;-:;:-:-;~---::-::;--:;;;-::::-:-;:-----:--:----:-:----:-~~--:---:::::::::'.:-------steven Kueny, City Manager, City of Moorpark, 799 Moorpark Avenue, Moorpark, California 93021
Form Issued February 15, 2013 ATTACHMENT 3
172