HomeMy WebLinkAboutMAJOR LEAGE CONSTRUCTION SERVICES - 2005-06-20It )b,-
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Council/Agency Meeting Held:
Deferred/Continued to:
yl�;.
"*Approved I] Conditionally Approved ❑ Denied
"
C' lervs Sig tlpre
Council Meeting Date: 6/20/2005
Department ID Number: CS05-017
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND UNCIL M BERS
SUBMITTED BY• PENELOPE CULBRETH-GRA T, CITY ADMi S RAT
PREPARED BY: JIM B. ENGLE, DIRECTOR, COMMUNITY SERVIC
PAUL EMERY, ACTING DIRECTOR, PUBLIC iIIjOR
DAN VILLELLA, DIRECTOR, FINANCE
SUBJECT: AWARD CONSTRUCTION CONTRACT FOR THE CENTRAL PARK
BATTING CAGE COMPLETION PROJECT
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments)
Statement of Issue: A bid has been received for the completion of the batting cage within
the Central Paris Sports Complex. Staff recommends award to Major League Construction
Services, as the responsive and responsible bidder.
Fundinsa Source: Construction funding is available in the Sports Complex Phase II Project
escrow account in the amount of $216,000; and $40,000 in P.O. # 7885, which was originally
opened for Community Parks Foundation.
Recommended Actions: Motions to:
1. Accept the bid submitted by Major League Construction Services in the amount of
$202,855 for completion of the Central Park Sports Complex batting cage; and,
authorize payment from the Union Bank escrow account to Major League Construction
Services;
2. Authorize the Mayor and City Clerk to execute a construction contract with Major League
Construction Services in substantially the same format as the attached sample contract;
and
3. Authorize transfer of Purchase Order #7885 in the amount of $40,000 from Community
Parks Foundation to pay any Public Works contingencies and construction management
services.
Alternative Action: Do not authorize award of the contract, and direct staff on how to
proceed.
REQUEST FOR ACTION
MEETING DATE: 6/20/2005 DEPARTMENT ID NUMDER:CS05-017
Analysis: Per Administrative Regulation No. 119, Administration of a Major Public Project,
Community Services staff has worked with the Public Works and Administrative Services
Departments to solicit bids to complete the partially constructed batting cage at the Central
Park Sports Complex. Completion of the batting cage will enable its operation by city staff or
by a concessionaire.
Proposals were sent to seven batting cage companies. It was also advertised on the city's
website and through Sportsplex Operators and Developers Association. The only bidder to
respond was Major League Construction Services. Administrative Services with Public
Works and Community Services made a thorough review of the proposal and background
check before approving this company. The construction company indicates the project will
be completed by the end of September_
The construction cost for this project is estimated at $202,855, not including contingency
funds of up to a maximum of ten (10) percent of the project cost. Staff is recommending the
award of the construction contract (Attachment No. 1-sample Public Works construction
contract) to Major League Construction Services, which provided the responsive and
responsible bid. The balance of funds that was originally approved for Phase II ($216,000) is
currently available in the Union Bank escrow account per the lease purchase agreement.
The City Attorney has determined that these funds, which were originally appropriated for
Community Parks Foundation, may be transferred to Major League Construction Services.
Additionally, $40,000, which was also approved to pay Community Parks Foundation for
Phase II services, could be transferred to Major League Construction Services to cover any
contingencies and construction management services that would be authorized by the
Director of Public Works. A performance bond would be required from the company before
construction begins.
Operating Budoet Analysis: Total estimated annual expenses for operation of the batting
cage are $86,326 and estimated revenue is $130,000 as indicated below:
Annual Operating Expenses:
• Rental of portable, pre -fabricated structure $1,885
• Equipment costs $6,441
• Recurrent staffing costs $78,000
Annual Gross Revenue:
Revenue projections based on staff review of
information from Batting Cage, Inc. and Tess Enterprises $130,000*
*Revenue is estimated to be 20 % of maximum potential. Research of other batting cage indicates
that revenue generated will, be between 15% and 40% of maximum potential revenue.
Annual NET Revenue (after expenses): $43,674
G:\RCA\2005\05-017 Battina Caae Bid Awa►d.doc -2- 6/13/2M 9:46 AM
REQUEST FOR ACTION
MEETING DATE: 612012006 DEPARTMENT ID NUMBER:CS05-017
The above revenues and expenses will be included in the Community Services budget
request for FY 05/06.
Attachment(s):
G:1RCA12005105-017 Battina Caae Bid Award. doe -3- W1312006 9:46 AM
ATTACHMENT #1 -----Jl
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
FOR BATTING CAGE INSTALLATION SERVICES
THIS AGREEMENT is made and entered into by and between the City
municipal corporation of the State of California, hereinafter referred to as "Cl
referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for services, hereinafter ri
generally described as the installation of a batting cage facility at the H
Sports Complex in the City of Huntington Beach and more specifically
A; and
CONTRACTOR has been selected to perform said
NOW, THEREFORE, in consideration of the
exchanged, the parties covenant and agree as follow,*.
CONTRACTOR shall
supplies, transportation, utilities and all
to complete and construct the PROJEC'
CONTRACTOR free:
of the PROJECT, during its pro .._�"
unforeseen difficulties which ni% o tlE ,,
risks of any description connectio
or in consequence of the suspension o
stipulated to be borne by -CITY, and for
and in the manners =" e_d
CITY under them for:` ` +
Ifas+
provide the service at
Beach, a
Exhibit
made and
at it§�Ow ' e, nse, all labor, plans, tools, equipment,
yms, serelicable permits, and facilities necessary
ad wo&A '.. a manner.
to a�%6-
h-& i!10%om
all loss or damage arising out of the nature
a_tt?r the action of the elements, from any
Tied in the prosecution of work, and for all other
' _.:' �, mg, but not limited to, al I expenses incurred by
nuait f work, except such as are herein expressly
w6V ithfully completing the work within the stipulated time
in this' ','E cement, and in accordance with the requirements of
ft thn the accepted bid proposal.
�cluded in the Bid Schedule of Exhibit A, CONTRACTOR may
on a time and materials basis.
AWEggre,
TRA R acknowledges that it is fully familiar with all the terms, conditions and
obligatioAFm and the Contract Documents (as hereinafter defined), the location of thejob
site, and the con, ` `4 r which the work is to be performed, and that it enters into this Agreement
based upon its in��' ion of all such matters and is relying in no way upon any opinions or
representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by this
reference, with the same force and effect as if the same were set forth at length herein, and that
CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as
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they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. The
Scope of Services which CONTRACTOR agrees to perform is set forth in the attached Exhibit "A".
"Contract Documents" as defined herein mean and include:
Pposal
the
sions
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ly
it A.
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new
7. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the performance of
this Agreement and each and every provision of the Contract Documents.
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8. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or
fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for
the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract
Documents, CITY may give CONTRACTOR notice in writing of its intention t inate this
Agreement. Unless the violation is cured within ten (10) days after such Noti E ntention has been
served on CONTRACTOR, CITY may, without prejudice to any other rem , �:r�nay hiterminate this
Agreement upon the expiration of that time. Upon such default by CONT I OR,.Ae may elect not
to terminate this Agreement; in such event CITY may make good the det inS the dWt
consists and deduct the resulting costs from the progress payments then oM kk ue to,
CONTRACTOR.
If it is subsequently determined by a court of competent jurisdiction' Y's
termination of this Agreement under this Section was wrong .3','I ° ch termination shall he converted to a
termination for convenience under Section 9 and any damag _ ie assessed as� rth in Section 9.
9.
CITY may terminate this Agre4
and whether or not PROJECT is fully complete
CONTRACTOR. In the event of termination, i
value of work in place on the PROJECT throug
made. Such payment by CITY shall be .
CITY for its convenience and CITY sha
10. RESERVED
H.
at ante with or without cause,
alendar days written notice to
CITY shall pay CONTRACTOR for
period less all such payments already
nd exclusive remedy for termination by
on to CONTRACTOR.
In the i .y nt that CONTRAQ3,LMshall breach, or fail to execute in good faith, any of the
terms or conditions o t, and si�& ONTRACTOR fail to cure such breach or failure
within ten (10) calend"written notice thereof, the CITY may terminate this
Agreement and comple wor", e - plished hereunder for the account and at the expense of
CONTRACTOR. CON `all be`liable for any excess cost to CITY over the original contract
price. In the event CITY c ' g the work, or causes the work to be completed, no sum shall be paid to
CONTRAG"�''� z �til the w complete. All costs of completion shall be deducted before any
paymen RACT'OR isT. If the unexpended portion of the contract price is less than CITY's
cost to Qlete, mm T hall pay CITY a sum equal to said difference on demand. The
remedrt be
ntaia;Nod
_lion are cumulative and are in addition to all other rights of CITY pursuant
to this T l-and at Iwj r in equity.
12.
CONTRACTOR shall adhere strictly to the Scope of Services set forth in Exhibit A
unless a change therefrom is authorized in writing by the Department of Public Works (the Department).
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary
within the scope of the PROJECT as the Department may require in writing. Under no condition shall
CONTRACTOR make any changes without the written order of the Department, and CITY shall not pay
any extra charges made by CONTRACTOR that have not been agreed upon in writing by the Department.
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13. DIFFERING SITE CONDITIONS
A. Notice: The CONTRACTOR shall promptly, and before any conditions
are disturbed, notify the DPW in writing of:
(1) Subsurface or latent physical conditions at th r9ite differing
materially from those indicated in this Agreement or the Contract Document
(2) Unknown physical conditions at the jo arual na
differing materially from those ordinarily encountered and generally reco _ "' W
g y y g y ierent t of the
character to be performed under this Agreement. The DPW shall promptly it e,the '' ' ions and
if it finds that such conditions do materially so differ and cause an increase or deck- ime
required for performance of any part of the work under this Areement, whether or no ged as a
result of such conditions an equitable adjustment shall be mad and the Agreement . odif ed in writing
accordingly; :i�
B. Time Extension: No c e COS,}, w,= T rider this Section shall
rovided be allowed unless the CONTRACTOR has given the; 'fed he °'F ,
however, the
time prescribed therefor may be extended by CIT'jT
14. SAFETY PRACTICES
CONTRACTOR shall cori
standards and statutes, with respect to oc
hazardous materials, accident prevention, s
shall conduct inspections to determine that
responsibility for providing a saf
and suppliers of material and a _
and for full compliance with the a"
statutes.
15.
The
including, but not lit
maintained. COrl,�
NTI
have the o:
(10) dayrisk an4; °cns
orders, citations, rules, regulations,
the handling and storage of
d'Whstruction practices. CONTRACTOR
itions and equipment exist and accepts sole
gees and for employees of its subcontractors
of and required use of all safety equipment
ns, rules, regulations, standards and
Tionally guarantees all work done under this Agreement
ship, installation, fabrication, material or structural facilities
n ten (10) days after notice by CITY of any defect in the work, shall
repairs or replace the defective work. Upon expiration of such ten
,,e appropriate repair, replacement or rework at CONTRACTOR's
Wood and agreed that the CONTRACTOR is, and shall be, acting at all times
hereunder as an dent contractor and not an employee of CITY. CONTRACTOR shall secure at
its expense, and be responsible for any and all payment of all taxes, social security, state disability
insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR
and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT.
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17. INDEMNIFICATION DEFENSE HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its
officers, elected or appointed officials, employees, agents, and volunteers from and against any and all,
claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or
liability of any kind or nature, however caused, including those resulting from d 3`' gor injury to
CONTRACTOR's employees and damage to CONTRACTOR's property, arise' _ rectly or indirectly
out of the obligations or operations herein undertaken by CONTRACTOR, `"`'d in wl�e19 or in part by
any negligent act or omission of the CONTRACTOR, any subcontractors ne di ° ° or indirectly
r-M,
employed by any of them or anyone for whose acts any of them may be.J ,,_'_ but n . ited
to concurrent active or passive negligence, except where caused by the actia „° ce, sol igence,
or willful misconduct of the CITY. CONTRACTOR will conduct all defense �i .e co expense
and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be r�e;ar all costs
and attorneys fees incurred by CITY in enforcing this obligation. This indemnity sli y to all claims
and liability regardless of whether any insurance policies
limitation upon the amount of indemnification to be prov
18.
Pursuant to California Labor
awareness of section 3700 et seq. of said Cod
liability for workers' compensation; CONTR,
prior to commencing performance of the worr]
CONTRACTOR shall i
less than One Hundred Thousand Dollars 3
Hundred Thousand Dollars ($100,Q�Q0) bodi
Thousand Dollars ($250,000) bo}}3, 17 Al
'U;^3S3,�i�3
:3.,A. l,iy
CONTRACTOR µ
insurance for all of the subcontractors ' 3
waiver of subrogation u er the terms of
similarly require all s, � 3s ,. waive
W
icable. The policy,urniff do not act as a
CONTRACTOR acknowledges
06ry employer to be insured against
that it will comply with such provisions
tion insurance in an amount of not
_
by accident, each occurrence, One
each employee, Two Hundred Fifty
t
tractors to provide such workers' compensation
TRACTOR shall furnish to CITY a certificate of
' compensation insurance and CONTRACTOR shall
In additiori orkers' compensation insurance and CONTRACTOR's covenant to
indemni 3,•! 3 YONTRA shall obtain and furnish to CITY, a policy of general public liability
�'.. p Y g p tY
insuranc ng rrtor ve verage covering the PROJECT. Said policy shall indemnify
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CONT OR ,,,, ag' , and employees, while acting within the scope of their duties, against
any andWc sitt of or in connection with the PROJECT, and shall provide coverage in not
less th ing a`339: combined single limit bodily injury and property damage, including
products/c pieted ape s liability and blanket contractual liability, of $1,000,000 per occurrence. If
coverage is provit e'A a form which includes a designated general aggregate limit, the aggregate
limit must be no $1,000,000. Said policy shall name CITY, its officers, and employees as
Additional Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall
be primary.
Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or
a "deductible" or any other similar form of limitation on the required coverage.
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20. CERTIFICATES OF INSURANCE,• ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish
to CITY certificates of insurance subject to approval of the City Attorney evide � g the foregoing
insurance coverages as required by this Agreement; said certificates shall:
JA
1. provide the name and policy number of each carrier and
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2. shall state that the policy is currently in force; .. �fW
3. snail promise to provide that such policies will not be canceled o thout thirty
(30) days' prior written notice of CITY; and erg Bey
4. shall state as follows: "The
self -insured retention, or any other form of similar -type
CONTRACTOR shall maintain
under this Agreement.
The requirement for carrying
the provisions for indemnification of CITY1!
representative shall at all times have the
insurance. CONTRACTOR shall pay, i r�
hereinabove required.
A separate copy,
insurance policies, naming the Q
to the City Attorney for approval
P4I
any part hereof, or any
surety.
not subjeafWanv deductible or
in force while working
rance coverages shall not derogate from
under the Agreement. CITY or its
final or a copy of all said policies of
*per, the premiums on all insurance
ement to each of CONTRACTOR's
as Additional Insureds shall be provided
isign, transfer, convey or encumber this Agreement, or
n, without the prior written consent of CITY and the
G' yee in the
=en
work_financial
interefa
st ��o emt"` iolation of Cali ornia Government Code sections 1090 et sel;Y.
23.
All notices required or permitted hereunder shall be delivered in person or by registered
or certified mail to the following authorized representative of the party to whom delivery is to be made, at
the place of business of such party, or to any other place designated in writing by such party.
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FOR CITY
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
FOR CONTRACTOR
24. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agree
file with the DPW its affidavit stating that all workers and persons employed, all
materials and all subcontractors upon PROJECT have been paid in full and that th,
35:=�.
outstanding against PROJECT for either labor or material, e keertain items, if
an affidavit covering disputed claims, or items in connection " "ices to With
filed under the provisions of the statutes of the State of California';: i€
a,.
25. WAIVER OF CLAIMS
The acceptance by CONTRI
a waiver of all claims against CITY under or
26. BONDS
CONTRACTOR shall, pri
the following three bonds approve the
the contract price to guarantee tht'
of one hundred percent of the
Project as set forth in Section 15 h "
one in the amount of one hundred pert
labor and materials
27.
shall
I laims
set forth in
h have been
the pant of the final certificate shall constitute
Egon t ' erformance of this Agreement, furnish
tRACTOR'S
e in the amount of one hundred percent of
erformance of the work; one in the amount
warranty of the completed
e (1) year after CITY's acceptance thereof; and
price to guarantee payment of all claims for
Captions ., "n of ttiis Agreement are for convenience and reference only, and the
words contained therein sh T`way be held to explain, modify, amplify or aid in the interpretation,
eonstructia„e " ning of w A visions of this Agreement.
.1 ONTRA �� R shall be responsible for full compliance with the immigration and
naturalizafiin aws of m �ted States and shall, in particular, comply with the provisions of U.S.C.
Section 1324a re i;Mnlovment verification.
29. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the scope
of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach
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City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not
be liable for payment of any legal services expenses incurred by CONTRACTOR.
30. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms akE rovisians of this
agreement or to secure the performance hereof, each party shall bear its own apfue
y's fees.
ese€6e�€:s
31. ENTIRETY`
a 4 i t. : .
The foregoing, and Exhibit "A" attached hereto, set forth greet JI een
the parties. N ry_ e '
IN WITNESS WHEREOF the parties hereto have caused this Agreement to "' uted by and
through their authorized officers on 240 �`
IBIS&3:.ry j3;3 :>»"�
P
ni¢4
CONTRACTOR C '°ACH, a municipal
the `alifornia
M.
print name
ITS: (circle one) Chairman/President/Vice
AND
� E
By. y G[
print name
ITS: (circle one) SecretarylChief Financial 0 E
Secretary - Treasurers r
AS TO FORM:
MUM"
WCity Attorney to — S�
INITIATED AND APPROVED:
Director of Community Services
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RCA ROUTING SHEET
INITIATING DEPARTMENT:
COMMUNITY SERVICES
SUBJECT:
CENTRAL PARK BATTING CAGES
COUNCIL MEETING DATE:
June 20, 2005
RCA ATTACHMENTS
STATUS
Ordinance (wlexhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Resolution (wlexhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
❑
Not Applicable
Contract/Agreement (w/exhibits if applicable)
Attached
Not Applicable
❑
(Signed in full by the City Attorney)
Attached
Party Agreements, etc.
Subleases, Third Pa A
Not Applicable
(Approved as to form by City Attorne
Certificates of Insurance (Approved b the City Attorne
pp Y Y Y)
Attached
Not Applicable
Attached
Fiscal Impact Statement (Unbudget, over $5,000)
Not A licable
❑
Attached
Bonds (If applicable)
Not Applicable
Attached
Staff Re ort If applicable
P ( pp )
Not Ap licable
Attached
Ll
Commission, Board or Committee Report (if applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Attached
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWEDRETURN FORiN RDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
77-7-
• •
RETURN OF
L
RCA Author: David Dominguez
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RCA Author: David Dominguez
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