HomeMy WebLinkAbout03/19/1996, C-4 - CONSTRUCTION MANAGEMENT SERVICES ON THE CITY HALL SEISMIC SAFETY AND HVAC IMPROVEMENTS PROJECT ►�IIIIf(�I�Ij�dJ�I city of San tins OBISp0 "' ► 9A �TERVA& 6
COUNCIL AGENDA REPORT rvug
FROM: Michael D. McCluskey, Public Works DtrecteM
Prepared by: David Elliott, Administrative Analy/ ��J�
SUBJECT: Construction Management Services on the City Hall Seismic Safety and HVAC
Improvements Project
RECOMMENDATIONS:
1) Award the "Agreement to Provide Construction Management and Inspection Services -
Specification No. 9101.530.554" to MarWal Construction, Inc.
2) Authorize the Mayor to execute the agreement
DISCUSSION:
At its meeting on February 27, 1996 the Council authorized Public Works to advertise for
bids on the City Hall Seismic Safety and HVAC Improvements Project. Construction is
tentatively scheduled to start on May 13, 1996. At the same meeting the Council also
appropriated $65,600 for contract construction management services on this project. The
actions recommended in this report follow through on procuring those construction
management services.
Public Works originally planned for the engineering inspection staff to manage the
construction phase of this project, but the heavy current construction schedule has precluded
that plan. Because of this heavy inspection load, an outside construction management firm is
needed.
In March 1995 the City requested proposals for construction management on the Headquarters
Fire Station. Two qualified firms responded: MarWal Construction, Inc. with a price of
$109,680 and Harris and Associates with a price of$161,400. The City awarded the contract
to MarWal and later awarded MarWal another contract for construction management on the
Parks and Recreation Office Building.
For three reasons Public Works recommends awarding a contract to MarWal for construction
management on the City Hall project:
1) The City will save the time and expense of requesting proposals, and time is
particularly important as the project must be under construction by mid-May.
2) Work on City Hall will dovetail perfectly with MarWal's schedule. MarWal's work
on the Headquarters Fire Station and the Parks and Recreation Office Building will be
completed just about the time construction starts on City Hall.
3) There is no question that MarWal is well qualified and reasonably priced. MarWal's
work on the both the Headquarters Fire Station and the Parks and Recreation Office
Building has been outstanding.
The attached agreement incorporates by reference applicable provisions of the City's
agreement with MarWal for the Headquarters Fire Station project.
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MY Of San tins OBISPO
= COUNCIL AGENDA REPORT
FISCAL WPACT:
MarWal has proposed a construction management budget of$65,600, which includes
preconstruction preparation, construction inspection at 3/4 time, and postconstruction contract
administration. A supplemental appropriation by the Council on February 27,1996 included
$65,600 for these services. Marwal's price of $50.00 per hour is comparable to prices paid
for similar services on other recent projects.
ATTACEMIENTS:
agreement
incorporated portions of Specification No. 95-19D (Headquarters Fire Station Inspection)
proposal
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AGREEMENT
TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
. SPECIFICATION NO. 9101.530.554
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of
, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
hereinafter referred to as the City, and MARWAL CONSTRUCTION, INC., hereinafter referred to as the
Construction Manager.
WITNESSETH:
WHEREAS, on April 24, 1995, the City and the Construction Manager entered into an agreement for
the Construction Manager to provide construction management and inspection services on the Headquarters Fire
Station Project under Specification 95-19D; and
WHEREAS, on June 15, 1995, the City and the Construction Manager entered into an agreement for
the Construction Manager to provide construction management and inspection services on the Parks and
Recreation Office Building Project under Specification 9101.530.554; and
WHEREAS, the City needs similar construction management and inspection services on the City Hall
Seismic Safety and HVAC Improvements Project, Specification 9101.530.553; and
WHEREAS, the Construction Manager has submitted a proposal for providing the needed services;
NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter
contained, the parties hereto agree as follows:
I. DESCRIPTION OF WORK. The Construction Manager shall provide construction manage-
meat and inspection services on the City Hall Seismic Safety and HVAC Improvements Project. To specifically
describe these services, the following portions of City Specification No. 95-19D are incorporated in and made a
part of this agreement, although this agreement shall supercede any conflicting provisions in the incorporated
documents:
a. Description of Work - Preconstruction Phase - Items I through 5
b. Description of Work - Construction Phase- Items 1 through 10 and items 12
through 16
C. Description of Work - Project Closeout Phase - Items 1 and 2
d. General Terms and Conditions - Items 9 through 24
Wherever the incorporated portions of Specification No. 95-19D refer to "the Fire Department" they shall mean
"the Public Works Department". Wherever the incorporated General Terms and Conditions of Specification
No. 95-19D refer to "the Contractor" they shall mean "the Construction Manager". The Construction
Manager's proposal dated February 14, 1996 is also incorporated in made a part of this agreement.
2. TERM. The term of this agreement shall be from the date it is made and entered, as first
written above, until construction of the City Hall Seismic Safety and HVAC Improvements Project is completed
and accepted and the Construction Manager has completed all tasks included in the Description of Work.
3. THE CITY'S OBLIGATIONS. For performing the work described in Paragraph 1 of this
agreement, the City will pay and the Construction Manager shall receive therefor payments based on the hourly
rates listed in the Construction Manager's proposal dated February 14, 1996.
4. THE CONSTRUCTION MANAGER'S OBLIGATIONS. For and in consideration of the
payments and agreements hereinbefore mentioned to be made and performed by the City, the Construction
Manager agrees with the City to do everything required by this agreement.
5. AMENDMENTS. Any amendment, modification, or variation from the terms of this
agreement shall he in writing and shall be effective only upon approval by the City Administrative Officer of the
City.
6. COMPLETE AGREEMENT. This written agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral
agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be
of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the
parties hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
the City Public Works Department
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
the Construction Manager MarWal Construction, Inc.
P.O. Box 13034
San Luis Obispo, CA 93406
8. AUTHORITY TO EXECUTE AGREEMENT. Both the City and the Construciton Manager
do covenant that each individual executing this agreement on behalf of each party is a person duly authorized
and empowered to execute agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and
year fust above written.
ATTEST: CITY OF SAN LUIS OBISPO
City Clerk Mayor
APPROVED AS TO FORM:
J r . J ens , Ci Attomey
MARWAL CONSTRUCTION, INC.
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DESCRIPTION OF WORK
Essential services buildings are unique and require greater expertise, skills and knowledge than that of
a regular construction project. It is defined in the State Building Code as "buildings designed and
constructed to resist gravity forces, to minimize fire hazards and to resist, insofar as practical, the
forces generated by winds and major earthquakes of the intensity and severity of the strongest
anticipated at the building site with catastrophic collapse... capable of providing essential services to
the public after a disaster."
The State requires that no work be carried out except under the inspection of a project inspector. It is
very specific as to what it deems the qualifications of a project inspector should be: at least three
years of equivalent experience in construction work of a similar type, thorough knowledge of building
materials, and be able to read and interpret plans and specifications.
The City is requesting proposals for full-time (168 hours/month) Construction ManagemenODSA
Certified Resident Inspection services. Clerical services, based on 168 hours/mo, will be as follows:
project start-up (three months) - 84 hours/month, construction phase (eight months) - 32 hours/month,
and project close-out (last month) - 84 hours/month.
In addition to the above, the description of the work is as follows:
PRE-CONSTRUCTION PHASE
1. Provide constructability review of the plans and specifications including construction
management requirements in the General Conditions, maintainability and detail issues.
'. Coordinate the bid process including bidders questions via the "Request for Interpretation"
system provided for in the construction specifications.
3. Coordinate and conduct pre-bid walk-through and bid opening.
4• Assist the Fire Department in review of the bids presented. Issue Notice of Award and
Notice to Proceed. Review General Contractor's submittal of contract, bonds and insurance
for completeness.
5. Coordinate and conduct pre-construction conference.
CONSTRUCTION PHASE
1. The Construction Manager (CM) is to provide administrative, management and related
services as required to coordinate the work of the contractors with the activities and
responsibilities of the Construction Manager, the Fire Department and the Architect to
complete the project in accordance with the Fire Department's objectives for cost, time and
quality. The Construction Manager is to administer all general conditions and construction
support activities on behalf of the Fire Department.
2. Conduct construction and progress meetings as required to discuss such matters as procedures,
progress problems and scheduling.
3• Establishment of quality control standards based on industry practices.
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F4. Review General Contractor's construction schedule on a monthly basis and advise the Fire
Department as to any change that may cause delays or problems with the completion of the
project and recommend corrective action.
S. Recommend courses of action to the Fire Department when the requirements of the contract
are not being fulfilled and the non-performing party will not take satisfactory corrective
action. Implement Fire Department direction.
6. Recommend changes made necessary or desirable as a result of situations incurred during the
actual construction. Review said requests for changes and submit recommendations to the
Fire Department. If accepted, prepare a Change Order for the Fire Department's records and
authorization.
7. Review payment applications by the Contractor for progress and final payments. Make
recommendations for certification to the Fire Department for payment. Prepare Fire
Department's accounting documents for processing.
8. Determine in general, that the work of each Contractor is being performed in accordance with
the requirements of the contract documents. As required, make recommendations to the Fire
Department and Building Official regarding special inspections or testing and of work not in
accordance with the provisions of the contract documents. Subject to the review of the Fire
Department and/or Building Official, reject work which does not conform to the requirements
of the contract documents.
9. Maintain liaison and coordinate the activities of the Fire Department, Architect, Consultants
and cooperate with other regulatory agencies and governing bodies.
10. Provide resident inspection services to insure compliance with code, plans, specifications and
quality control required of an essential services facility. Provide daily logs containing records
of weather, contractor's work on site, number of workers, work accomplished, problems
encountered and other similar relevant data as the Building Official or Fire Department may
require. Coordinate the services of special inspectors as required.
11. Provide semi-monthly and verified reports as required by the Essential Services Act. On a
monthly basis the Executive Summary will be substituted for a semi-monthly as it includes a
larger body of information such as budget, potential Cost Request Bulletins and progress
photos. Submit DSA form, Inspector's Qualifications, to the architect and the City for
approval as the inspector of record.
12. Create, maintain and make available to the contractors, a Request for Information form,
whenever any corrective change is necessary in field construction that will result in a variance
from the specifications and plans as originally issued.
13. Consult with the Architect, Fire Department and/or Building Official over any contractor
requested interpretations of the meaning of the plans and specifications, and assist in the
resolution of questions which may arise.
14. Receive and log all shop drawings, product data, samples and other contractor submittals
prior to transmission to the Architect. Coordinate with the Architect procedures for
expediting the processing and approval of shop drawings, product data, samples and other
submittals.
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15. Maintain at the project site, current record copies of all agreements, drawings, specifications,
addenda, field orders, bulletins, contractor payment requests, change orders, modifications
and other relevant contract documents in good order and marked to record all changes made
during construction to: shop drawings, product data, samples, submittals, purchases,
maintenance and operating manuals and instructions, other related documents and revisions
which arise out of the work in the contract.
16. When the contractor's work or a designated portion thereof is substantially complete, prepare
for the Fire Department, a list of incomplete or unsatisfactory items via a "punch list".
PROTECT CLOSE OUT
1. Following the issuance of the Certificate of Substantial Completion of the project or
designated portions thereof, evaluate the completion of the work of the contractor and make
recommendations to the Fire Department when work is ready for final inspections.
Coordinate and conduct final inspections with the Fire Department, the Architect, and the
Building Official.
2. Secure and transmit to the Fire Department and Architect required guarantees, affidavits,
releases, bonds and waivers. Coordinate delivery of all keys, manuals, record drawings, and
maintenance stocks to the Fire Department.
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9. Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverages, and amounts specified in Section E of these specifications within ten (10) calendar
days after notice of contract award as a precondition to contract execution.
10. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax
certificate prior to execution of the contract. Additional information regarding the City's
business tax program may be obtained by calling (805) 781-7134.
CONTRACT PERFORMANCE
11. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry
out and complete the work hereunder in compliance with any and all federal, state, county,
city, and special district laws, ordinances, and regulations.
12. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe
and comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of the work.
13. Payment of Taxes. The contract prices shall include full compensation for all taxes which
the Contractor is required to pay.
14. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges
and fees, and give all notices necessary.
15. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
16. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of this work that only persons authorized to work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder.
17. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that
it will not engage in, nor permit such subcontractors as it may employ, to engage in
discrimination in employment of persons because of age, race, color, sex, national origin or
ancestry, sexual orientation, or religion of such persons. .
18. Payment Terms. The City's payment terms are thirty (30) days from the receipt of an
original invoice and acceptance by the City of the services provided by the Contractor (Net
30).
19. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if
any, shall be subject to the City's inspection and approval. The inspection of such work shall
not relieve Contractor of any of its obligations to fulfill its contract requirements.
20. Audit. The City shall have the option of inspecting and/or auditing all records and other
written materials used by Contractor in preparing its invoices to City as a condition precedent
to any payment to Contractor.
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21. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall
not acquire any interest direct or indirect or otherwise, which would conflict in any manner or
degree with the performance of the work hereunder. The Contractor further covenants that, in
the performance of this work, no subcontractor or person having such an interest shall be
employed. The Contractor certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed
that, in the performance of the work hereunder, the Contractor shall at all times be deemed an
independent contractor and not an agent or employee of the City.
22. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify; protect
and hold the City and its agents, officers and employees harmless from and against any and
all claims asserted or liability established for damages or injuries to any person or property,
including injury to the Contractor's employees, agents or officers which arise from or are
connected with or are caused or claimed to be caused by the acts or omissions of the
Contractor, and its agents, officers or employees, in performing the work or services herein,
and all expenses of investigating and defending against same; provided, however, that the
Contractor's duty to indemnify and hold harmless shall not include any claims or liability
arising from the established sole negligence or willful misconduct of the City, its agents,
officers or employees.
23. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose
of the contract, or its right, title or interest, or its power to ekecute such a contract to any
individual or business entity of any kind without the previous written consent of the City.
24. Termination. If, during the term of the contract, the City determines that the Contractor is
not faithfully abiding by any term or condition contained herein, the City may notify the
Contractor in writing of such defect or failure to perform; which notice must give the
Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or
cure the deficiency. If the Contractor has not performed the work or cured the deficiency
within the ten days specified in the notice, such shall constitute a breach of the contract and
the City may terminate the contract immediately by written notice to the Contractor to said
effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or
rights under the contract except, however, any and all obligations of the Contractor's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner
waived by the termination thereof. In said event, the Contractor shall be entitled to the
reasonable value of its services performed from the beginning date in which the breach occurs
up to the day it received the City's Notice of Termination, minus any offset from such
payment representing the City's damages from such breach. The City reserves the right to
delay any such payment until completion or confirmed abandonment of the project, as may be
determined in the City's sole discretion, so as to permit a full and complete accounting of
costs. In no event, however, shall the Contractor be entitled to receive in excess of the
compensation quoted in its proposal.
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February 14, 1996
Mr. Dave Elliott -
Department of Public Works.
City of San.Luis Obispo
955 Morro.
San Luis Obispo, CA 93441
Re: Construction:Management/Resident Inspection Services
Budgetary Consultant Fees
City Hall Renovation
Dear Dave:
Per our conversation last week . I have outlined budgetary costs for providing
Construction Management and Resident Inspection services to .the City on the City'
Hall Renovation project.
The costs are based on assuming a level of performance from the Architect and
General. Contractor over which .Marwal Construction has no control. ) have included
time for the construction phase, with a start date of May 14, 1996 and 195 calendar
day schedule;as well as,minimal preconstruction and post construction phases. If the
City wants to increase the .scope- of my services .it will be based on hourly rates
already established. '
Phase Hours Unit rate Total
Preconstruction 168 $50.00/hr $ 8,400.00
(One month)
Construction --3/4 time 864. 550.00/hr $43,200.00
Support services 280 520.00/hr 5 5,600.00
(40 hours x 7 months)
Post Construction - 168 •550.00/hr $.8,400.00
(One month)
Total budget costs 565,600.00.•
The above unit rates include alf required insurance expenses which includes $1 .0
million .General Liability.'and Automobile. Additional insured endorsements can be
provided upon request.
(805) 541-1145
Post Office Box 13034`• San Luis Obispo, CA 93406
City Hall. Renovation40
Page 2
Specification section .1.500; Mobilization, B, 3 indicates the Contractor is to provide
a:minimum 8'x21' trailer with furniture, utifities, and telephone service. Based"on my
experiences with the fire station project I would like to propose-the following:
1) The. Contractor-provide a 10x50 trailer 'for City use which will
include the conference room for all project'meetings. This will
provide a separate space that is away from the Contractor and is
lockable fW security issues. The Contractor can then provide
whatever size trailer they will require.
2) Essentially, I would move over all of the desks, chairs, tables,.
copy machine and computer that belong to the City.and continue
using them on this project.
3) Require the Contractor to provide all necessary office supplies.
Again, thank you for this opportunityzo be of service. Please feel free to contact me
if-you require any additional information. I can be reached at the following numbers,
(805) 782-9040 or paged at (805) 546-2526..
Sincerely,
Marcia Walther '
Marwal Construction Inc.
cc: BUDGET