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HomeMy WebLinkAboutMINUTES - 05152007 - C.56 x TG: THE BOARD OF SUPERVISORS CONTRA FROM: VCHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES COSTA DATE: May 15, 2007 COUNTY SUBJECT: AWARD OF DESIGN-BUILD CONTRACT FOR THE EMPLOYMENT AND C (� HUMAN SERVICES DEPARTMENT'S OFFICE REMODEL PROJECT AT 4545 DELTA FAIR BOULEVARD, ANTIOCH (WPA401) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. DETERMINE that the proposal submitted by Vila Construction Company, Richmond ("Vila"), for the above project is the most advantageous, and AWARD a design-build contract to Vila in the amount of$5,057,106 for the project design and construction. 2. DETERMINE that Vila has documented an adequate good faith effort to comply with the specifications and the requirements of the County's Outreach Program, and WAIVE any irregularities in such compliance. 3. DETERMINE that Vila has entered into a Project Labor Agreement with the Contra Costa Building and Construction Trades Council to comply with the requirements of the County's Project Labor Agreement policy. 4. AUTHORIZE the General Services Director, or designee, to execute the contract after Vila has signed the contract and returned it, together with the bonds noted below and any required insurance and other documents, and the General Services Director, or designee, has reviewed and found them to be sufficient. . 5. AUTHORIZE the General Services Director, or designee, to exonerate any bid bonds posted by the proposers and return any checks or cash submitted for security, after execution of the contract. 6. AUTHORIZE the General Services Director, or designee, to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for moneys withheld by the County to ensure performance under the contract, pursuant to Public Contract Code Section 22300. 7. AUTHORIZE the Director of General Services, or designee, to order changes or additions to the construction work and to execute written change orders pursuant to Public Contract Code Section 20142. CONTINUED ON ATTACHMENT: X YES SIGNATURE: j _COMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION 0 OARD COMMITTEE -,,,APPROVE OTHER - r SIGNATURE(S): ACTION OF BOAR O 01� (,5- . >00 !7 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: MICHAEL J. LANGO(313-7100) Originating Dept.:General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE cc: General Services Department AND CORRECT COPY OF AN ACTION TAKEN Capital Projects Management Division AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVISORS ON THE DATE SHOWN. CPM File: 305-9910/C.1.1 305-9910/A.55 ArrEsreD County Administrator's Office JOHN CULLEN, LERK OF TH BOARD OF SUPERVISORS County Counsel AND COUNTYA MINISTRATOR Auditor Controller Employment&Human Services Department(via CPM) BY- © -,DEPUTY Consultant(via CPM) Vila Construction Company(via CPM) C:\DOCUME-1\jcrapo\LOCALS-1\Temp\notes6030C8\9B010037b_final.doc RL:tbPage 1 of 3 M382(10/88) AWARb OF DESIGN/BUILD CONTRACT FOR THE May 15, 2007 EMPLOYMENT AND HUMAN SERVICES DEPARTMENT'S OFFICE REMODEL PROJECT AT 4545 DELTA FAIR BOULEVARD, ANTIOCH 8. DELEGATE, pursuant to Public Contract Code Section 4114, the Board's functions under Public Contract Code Sections 4107 and 4110, with regards to subletting and subcontracting, to the General Services Director, or designee. 9. DECLARE that, should the award of the contract to Vila be invalidated for any reason, the Board would not in any event have awarded the contract to any other proposer, but instead would have exercised its discretion to reject all of the proposals received. Nothing herein shall prevent the Board from re-awarding the contract to another proposer in cases where the successful proposer establishes a mistake, refuses to sign the contract or fails to furnish required bonds or insurance in accordance with Public Contract Code Sections 5100-5107. FISCAL IMPACT The estimated total cost for the project is $9 million. Proposed funding for the project is described below: Project Financing Plan Existing Bond Funds (budgeted): $ 980,000 Existing EHS Appropriations (budgeted): $ 490,000 Future Bond Proceeds: $7,530,000 Total $9,000,000 The recommended $7,530,000 in new bond funding to finance this project would result in a 20-year annual debt service obligation to the County of approximately $625,000. This cost will be partially offset by eliminating the $143,000 annual occupancy cost of the One-Stop Center at 415 Railroad Avenue in Pittsburg. Staff at Railroad Avenue will be moved to 4545 Delta Fair. The net annual cost of the project after the offset of $143,000 in current occupancy costs is $482,000 ($625,000 - $143,000). The net annual cost will be 80% Federal and State funded, and 20% County funded. Therefore, the resulting annual cost to be funded by the County is $96,400 (0.20 x $482,000). This cost will be allocated across all EHS program areas as part of the Department's general and administrative costs. The CAO has confirmed that the EHS budget can support the annual cost of this project. BACKGROUND Project Description The 53,000 square foot building located at 4545 Delta Fair Boulevard houses the following programs: CalWORKS, Medi-Cal, Food Stamps, General Assistance, and IHSS (In Home Support Services). Floor space in the building is fully utilized and there are approximately 230 EHS employees currently located in the building. After the remodel project, the building will be able to house 240 employees. The project involves a major remodeling of the building. The work will include the following key elements: • Improve the overall work environment and space efficiency for staff and clients, including new workstations; • Accommodate One-Stop Career Center staff & operations being relocated from leased facilities to be vacated at 415 Railroad Avenue in Pittsburg; • Replace the deteriorating gyperete second floor and replace it with a new plywood floor; • Increase the capacity of the undersized HVAC system; • Upgrade the electrical system to provide adequate power for current and future needs; • Address ADA deficiencies; • Upgrade the data/telecommunications system to meet current standards; • Replace the deteriorating roof. CADOCUME-1\jcrapo\LOCALS-1\Temp\notes6030C8\9B010037b_final.doc Page 2 of 3 M382(10/88) Ag11AAD OF DESIGN/BUILD CONTRACT FOR THE May 15, 2007 EMPLOYMENT AND HUMAN SERVICES DEPARTMENT'S OFFICE REMODEL PROJECT AT 4545 DELTA FAIR BOULEVARD, ANTIOCH One of the goals of the project is to maintain program operations, and therefore the project will be completed in phases. Swing space will be provided in temporary trailers and in available space at the adjacent building at 4549 Delta Fair Boulevard. Project Approach On October 26, 2004, the Board authorized the General Services Director, when appropriate, to employ alternative project delivery methods such as "design-build" to shorten project delivery timeframes, provide improved cost control, better allocate risk, and enhance project collaboration. The General Services Department is utilizing the design-build project delivery method in implementing this project. Design-build is a project delivery method wherein a single.entity is responsible for performing both design and construction. The design-build project delivery method can provide for faster project completion and improved coordination between the design and construction elements of the project, which in turn can reduce change orders, claims, and litigation. Public Contract Code Section 20133 authorizes certain counties, including Contra Costa County, to use the design-build method for projects in excess of$2.5 million. The design-build entity is selected either through a low bid or best value approach. Staff utilized the best value approach, which considers multiple factors such as qualifications, experience, past performance, and price. Existing County policies and procedures relating to the Outreach Program and Project Labor Agreement have been incorporated into the design-build requirements. Recent and Current Efforts In June 2006, the project was presented to the Capital Facilities Committee and the Committee recommended proceeding with the project. In November 2006, a Request for Qualifications for design/build services was issued and five statements of qualifications were received in December 2006. A selection committee comprised of County staff from the EHS and General Services Departments short-listed the field to three teams. A Request for Proposals was issued to the three teams in January 2007 and proposals were received in March 2007. The field was narrowed to two teams and the selection committee conducted interviews of these teams in March 2007. As a result of the selection committee's evaluation, Vila's proposal was determined to be the most advantageous. Based on the selection criteria, the Vila team was ranked the highest and determined to be the best value. The Vila team includes KPA (Oakland) as the architect. Contract terms were successfully negotiated, and staff recommends approval of the design-build contract. The recommended contract award amount, which includes the base price proposal plus the roofing alternate, is $5,057,106, which is $1,527,507 less than the next highest ranked team's price proposal. The second and third ranked proposers are BBI Construction and Turner Construction Company, respectively. Under Public Contract Code Section 20133, the design-build entity that is selected to design and build the project must provide sufficient bonding to cover the contract amount for non-design services, and errors and omissions insurance coverage sufficient to cover all design and architectural services provided in the contract. To comply with these requirements, as a condition of the contract award, Vila will be required to submit the following: Performance bond for $4,781,525 Payment bond for $4,781,525 Errors and omissions insurance with minimum coverage of $1,000,000 and a maximum deductible of$25,000 The Contract Compliance Officer has reported that Vila has documented an adequate good faith effort to comply with the requirements of the County's Outreach program. The Director of General Services therefore recommends that the contract be awarded to Vila. The general prevailing rates of wages, which shall be the minimum rates paid on this project, are on file with the Clerk of the Board, and copies are available to any party upon request. CADOCUME-1\jcrapo\LOCALS-1\Temp\notes6030C8\9B010037b_final.doc Page 3 of 3 M382(10/88) CONTRA COSTA COUNTY General Services Department Michael J. Lango CAPITAL PROJECTS MANAGEMENT JUN 0 8 2007 Director 1220 Morello-Avenue,Suite 100 Terry Mann Martinez, California 94553 CLERK BOARD OF SUPERVISORS Deputy Director (925) 313-7200 Phone CONTRACOSTACO. Rob Lim, PE (925) 313-7299 Fax Manager June 5, 2007 Mr. Richard H. Vila Vila Constriction Company 590 South 33rd Street Richmond, CA 94804 SUBJECT: CONTRACT FOR JOB ORDER CONTRACT - 010 Authorization No. WW0615 Enclosed are two copies (duplicate originals) of the subject contract. Please follow the instructions in this letter as carefully and completely as possible. The contract, insurance certificates, and bonds are to be returned to: Contra Costa County General Services Department Capital Projects Management Division 1220 Morello Avenue, Suite 100 Martinez, California 94553-4711 L CONTRACT A. IF YOU ARE A CORPORATION: 1. Have the Agreements signed by two officers, one from each of the two following groups: a. The Chairman of the Board, the President, or any Vice President. b. The Secretary, an Assistant Secretary, the Chief Financial Officer, or an Assistant Treasurer. 2. Have the "Acknowledgment" on each copy completed by a Notary Public. 3. Affix the corporate seal. 4. Return both copies to the above address. You will receive a fully-executed copy for your files, together with the Notice to Proceed, as soon as the contract is approved by the Director of General Services. B. IF YOU ARE NOT A CORPORATION: 1. Both copies must be signed by the Owner of the business, or a partner who is authorized to sign. 2. Have the "Acknowledgment" on each copy completed by a Notary Public. H:Q007W00707W7A007021 i.d"c G Mr. Richard H. Vila June 5, 2007 Vila Construction Company Page 2 of 3 590 South 33rd Street. Richmond, CA 94804CONTRACT FOR JOB ORDER CONTRACT - 010 3. Return both copies to the address given on Page 1 of this letter. You will receive a fully executed copy for your file, together with the Notice to Proceed, as soon as the contract is approved by the Director of General Services. 11. BONDS A. FORM AND CONTENT: 1. Furnish a Performance Bond in the sum of $2,000,000.00 and a California Public Work Payment Bond in the sum of$2,000,000.00. The acceptable forms are enclosed for your use. 2. The contract date on the bonds shall be June 5, 2007 as shown in Section 1 of the contract. 3. The description of work on both bonds shall be EXACTLY as shown in the Contract, Section 1, "The Work." 4. The obligee on both bonds must be the public agency, as shown in Section 1 of the contract. 5. If the bonding company is not a California corporation, provide a copy of the power-of- attorney showing the bonding company authorization of the California attorney-in-fact who executes the bond for the company. 6. Contractor shall sign both bonds and, if the Contractor is a corporation, the corporate seal shall be affixed over the signature on both documents. 7. The Contractor's and bonding company agent's signatures on both bonds, and the signatures on the powers of attorney, MUST all be notarized. B. DISTRIBUTION: 1. Please give your bonding company the enclosed bond forms, the extra copy of this letter and a copy of the contract to use as guides in completing the bonds. 2. Send the original and one copy of each bond to the address given on Page I of this letter. III. INSURANCE A. GENERAL FORM AND CONTENT: 1. Furnish certificates of insurance showing the coverages and arnounts required by the specifications. Specification excerpts showing coverages and amounts are attached for your convenience. If umbrella insurance is needed to meet the required limits of coverages, a copy of the umbrella policy endorsements must be provided. The endorsement must show the policy number and carrier for each underlying coverage that the umbrella policy supplements. An example of an acceptable form of insurance certificate is enclosed. Please give it to your insurance agent, together with the enclosed copy of this letter, for his guidance in preparing the certificates for your contract. 2. The address shown on the certificates and endorsements shall be the same as the address given on Page 1 of this letter. 3. Please advise your insurance agent that the public agency shown on the contract is the contracting public agency. 1-1:\2007\0000707\07A007021 r.doc A Mr. Richard H. Vila June 5, 2007 Vila Construction Company Page 3 of 3 590 South 33rd Street Richmond, CA 94804CONTRACT FOR JOB ORDER CONTRACT - 010 4. The certificates of insurance, INCLUDING ANY UMBRELLA INSURANCE CERTIFICATE OR ENDORSEMENT, must show that the public agency as shown on the contract, as an additional insured, is to be given at least 30 days notice (not 10) before lapse, cancellation or modification of the insurance. Common qualifiers such as . . . "will endeavor to mail . . .," and ". . . but failure to mail such notice shall impose no obligation of any kind upon the company," are not acceptable and shall be deleted or omitted from certificates and endorsements. 5. Furnish a certificate of Workers' Compensation Insurance issued by an admitted insurer, or comply with the requirements of the Contract, Section 9. B. ADDITIONAL INSURED CLAUSE: Include the following language on all your insurance certificates, except for Workers' Compensation, INCLUDING THE UMBRELLA INSURANCE CERTIFICATE: 1. "By endorsement to Policy No. Insert Policy Number(s), public agency as shown on contract, its officers, employees, and agents are named as additional insureds solely as respects the above (or "below") listed job." 2. The job description on all of the certificates shall be the same as that in the Contract, Section 1, "The Work." C. RETURN: Send two copies of all insurance certificates and two copies of any required umbrella policy endorsement to the address given on Page 1 of this letter. If the bonds and insurance certificates are not properly completed and returned, together with the two copies of the signed contract by June 19, 2007, the contract may be awarded to another bidder. If this action is taken, any bid security you have submitted will be forfeited. We will appreciate your careful and complete compliance with our instructions. If you have questions, please call me at (925) 313-7200. Sin rely, Rob Lim, P.E. Capital Projects Division Manager RL:amc Enclosures: Contract (original and 1 copy) Insurance Certificate example 2 extra copies of this letter (one for the bonding company and one for the insurance agent) Specification Excerpts (Div. F, Sec. 5) Bond forms cc: Clerk of the Board (letter only) Affirmative Action Officer (letter only) File: 000-0707/C.1.1 H:\2007\0000707\07A00702IT.doc .Q t. CONTRA COSTA COUNTY General Services Department RECEIVE® Michael J. Lango Director CAPITAL PROJECTS MANAGEMENT 1220_Morello;Avenue,"Suite 100 MAY c) 1 2001 Terry Mann Martinez C1Vf rriia 94553 Deputy Director (925,) 313 7200`'P-hone CLERK BOARD OF SUPERVISORS Rob Lim, PE (925) 313.7299'Fax CONTRA COSTA CO. Manager May 17, 2007 Mr. Richard Vila Vila Construction Company 590 South 33rd Street Richmond, CA 94804 SUBJECT: DESIGNBUILD CONTRACT FOR EMPLOYMENT AND HUMAN SERVICES DEPARTMENT'S OFFICE REMODEL PROJECT, 4545 DELTA FAIR BOULEVARD, ANTIOCH Authorization No. WPA401 Dear Mr. Vila: Enclosed are two copies (duplicate originals) of the subject contract. Please follow the instructions in this letter as carefully and completely as possible. The contract, insurance certificates, and bonds are to be returned to: Contra Costa County General Services Department Capital Projects Management Division 1220 Morello Avenue, Suite 100 Martinez, California 94553-4711 L CONTRACT A. IF YOU ARE A CORPORATION: 1. Have the Agreements signed by two officers, one from each of the two following groups: a. The Chairman of the Board, the President, or any Vice President. b. ,The Secretary, an Assistant Secretary, the Chief Financial Officer, or an Assistant Treasurer. 2. Have the "Acknowledgment" on each copy completed by a Notary Public. 3. Affix the corporate seal. 4. Return both copies to the above address. You will receive a fully-executed copy for your files, together with the Notice to Proceed, as soon as the contract is approved by the Director of General Services. B. IF YOU ARE NOT A CORPORATION: 1. Both copies must be signed by the Owner of the business, or a partner who is authorized to sign. 2. Have the "Acknowledgment" on each copy completed by a Notary Public. CC� �v H:\1999\3059910\9B010042r.doc Vila Construction Company May 17, 2007 EMPLOYMENT AND HUMAN SERVICES DEPARTMENT'S OFFICE Page 2 of 3 REMODEL PROJECT, 4545 DELTA FAIR BOULEVARD, ANTIOCH 3. Return both copies to the address given on Page 1 of this letter. You will receive a fully executed copy for your file, together with the Notice to Proceed, as soon as the contract is approved by the Director of General Services. II. BONDS A. FORM AND CONTENT: 1. Furnish a Performance Bond in the sum of $4,781,525 and a California Public Work Payment Bond in the sum of $4,781,525. Note that the bond amount is the contract amount less the design and preconstruction costs ($5,057,106 - $275,581). The acceptable forms are enclosed for your use. 2. The contract date on the bonds shall be May 15, 2007 as shown in Section A of the contract. 3. The description of work on both bonds shall be EXACTLY as shown in the Contract, Section A, "The Project." 4. The obligee on both bonds must be the public agency, as shown in Section A of the contract. 5. If the bonding company is not a California corporation, provide a copy of the power-of- attorney showing the bonding company authorization of the California attorney-in-fact who executes the bond for the company. 6. Contractor shall sign both bonds and, if the Contractor is a corporation, the corporate seal shall be affixed over the signature on both documents. 7. The Contractor's and bonding company agent's signatures on both bonds, and the signatures on the powers of attorney, MUST all be notarized. B. DISTRIBUTION: 1. Please give your bonding company the enclosed bond forms, the extra copy of this letter and a copy of the contract to use as guides in completing the bonds. 2. Send the original and one copy of each bond to the address given on Page 1 of this letter. III. INSURANCE A. GENERAL FORM AND CONTENT: 1. Furnish certificates of insurance showing the coverages and amounts required by the specifications (Divisions F and G). Insurance coverage shall include builder's risk, general liability, automobile liability, professional liability, and workers' compensation. If umbrella insurance is needed to meet the required limits of coverages, a copy of the umbrella policy endorsements must be provided. The endorsement must show the policy number and carrier for each underlying coverage that the umbrella policy supplements. An example of an acceptable form of insurance certificate is enclosed. Please give it to your insurance agent, together with the enclosed copy of this letter, for his guidance in preparing the certificates for your contract. 2. The address shown on the certificates and endorsements shall be the same as the address given on Page 1 of this letter. 3. Please advise your insurance agent that the public agency shown on the contract is the contracting public agency. HAI 999\3059910\9B010042r.d oc J s Vila Construction Company May 17, 2007 EMPLOYMENT AND HUMAN SERVICES DEPARTMENT'S OFFICE Page 3 of 3 REMODEL PROJECT, 4545 DELTA FAIR BOULEVARD, ANTIOCH 4. The certificates of insurance, INCLUDING ANY UMBRELLA INSURANCE CERTIFICATE OR ENDORSEMENT, must show that the public agency as shown on the contract, as an additional insured, is to be given at least 30 days notice (not 10) before lapse, cancellation or modification of the insurance. Common qualifiers such as . . . "will endeavor to mail . . .," and ". . . but failure to mail such notice shall impose no obligation of any kind upon the company," are not acceptable and shall be deleted or omitted from certificates and endorsements. 5. Furnish a certificate of Workers' Compensation Insurance issued by an admitted insurer, or comply with the requirements of the Contract, Section 7.15.3. B. ADDITIONAL INSURED CLAUSE: Include the following , language on all your insurance certificates, except for Workers' Compensation, INCLUDING THE UMBRELLA INSURANCE CERTIFICATE: 1. "By endorsement to Policy No. Insert Policy_ Number(s), public agency as shown on contract, its officers, employees, and agents are named as additional insureds solely as respects the above (or "below") listed job." 2. The job description on all of the certificates shall be the same as that in the Contract, Section A, "The Project." C. RETURN: Send two copies of all insurance certificates and two copies of any required umbrella policy endorsement to the address given on Page I of this letter. If the bonds and insurance certificates are not properly completed and returned, together with the two copies of the signed contract by May 31, 2007, the contract may be awarded to another bidder. If this action is taken, any bid security you have submitted will be forfeited. We will appreciate your careful and complete compliance with our instructions. If you have questions, please call me at (925) 313-7200. Sincerely, R0b Lim, P.E. Capital Projects Division Manager RL:tb Enclosures: Contract (original and 1 copy) Insurance Certificate example 2 extra copies of this letter (one for the bonding company and one for the insurance agent) Bond forms cc: Clerk of,the Board (letter only) Affirmative Action Officer (letter only) File: 305-9910/C.1.1 HAI 999\305991 0\9BO 10042r.doc