CITY OF SIMI VALLEY
MEMORANDUM
November 18, 2024
TO: Cit
y Council
FR
OM: Office of the City Manager
SUBJ
ECT: AWARD CONTRACT FOR GENERAL CONTRACTOR SERVICES FOR
BATHROOM IMPROVEMENTS AT THE SIMI VALLEY SENIOR CENTER, SPECIFICATION NO. SV 24-31
STAFF RECOMMENDATION
It
is recommended that the City Council authorize the Mayor to execute an agreement, in a form approved by the City Attorney, with Ardalan Construction Company, Inc. (Ardalan) in the amount of $326,000 for general contractor services for bathroom improvements at the Simi Valley Senior Center, Specification No. SV 24-31.
BACKGROUND AND OVERVIEW
St
aff recommends that the City Council authorize the Mayor to execute a contract with Ardalan Construction Company, Inc. in the amount of $ 326,000 for the construction of bathroom improvements at the Simi Valley Senior Center, Specification No. SV 24-31.
On J
anuary 23, 2023, the City Council approved a Substantial Amendment to the FY 2019-20 Annual Action Plan, specifically to facilitate the modification of the restrooms at the Senior Center. This amendment authorized the allocation of funding for the proj ect, enabling the City to move forward with soliciting bids for the necessary restroom renovations. The Substantial Amendment to the Action Plan was required to ensure compliance with HUD regulations and to properly allocate funds for this improvement.
On A
ugust 21, 2024, the City Manager’s Office solicited construction bids for the project that includes comprehensive improvements such as demolition, removal and disposal, construction, and all appurtenant work of four existing bathrooms (two multiple accommodation and two single accommodation) in accordance with Chapter 11B of the latest 2022 California Building Code, and Title II and III of the Americans with Disabilities Act. Following a bid process, Ardalan is the lowest responsible bidder.
FINDINGS AND ALTERNATIVES
A N
otice Inviting Bids was published in the Ventura County Star and was also submitted to various publications and plan rooms. A Notice was also mailed to the contractors on the City’s contractors’ list, including local contractors, and was posted on the City’s website.
AGENDA ITEM NO.
Consent (9)
2 On September 19, 2024, the bid opening date, four bids were received, and the results are shown in the table below:
Contractor Bid Amount
SBS Corporation
Camarillo, CA
$290,000.00
Ardalan Construction Company, Inc.
Thousand Oaks, CA
$326,000.00
At Your Service Const. and Energy Inc.
Tarzana, CA
$377,000.00
TDV Innovation, Inc.
North Hollywood, CA
$497,375.00
Staff reviewed all bids submitted and determined that the apparent lowest bidder was unresponsive due to their failure to submit the required HUD Section 3 forms as required in the bid solicita tions. Compliance with Section 3 is a mandatory requirement for this procurement, and without the inclusion of these forms, the bidder did not meet the essential qualifications for consideration. Consequently, Ardalan is the lowest responsible bidder.
Sufficient fun ding is available in the FY 2024- 25 Capital Improvement Plan budget, Project No. CP65500023.
Based on an award date of November 18, 2024, construction is expected to start in early December of 2024, and completion of t he project is anticipated by lat e April of 2025 . A copy of the signature portion of the City’s standard public works agreement is included for reference (this does not include the standard specifications, technical specifications, or copies of bond forms).
The following alternatives are available to the City Council:
1. Authorize the Mayor to execute an agreement with Ardalan Construction Company, Inc., in a form approved by the City Attorney, in the amount of $326,000 for the construction of bathroom improvements at the Simi Valley Senior Center, Specification No. SV 24-31.
2. Reject all bids and provide additional direction.
Staff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to authorize the Mayor to execute a contract with Ardalan Construction Company, Inc., in a form approved by the City Attorney, in the amount of $ 326,000 for the construction of bathroom improvements at the Simi Valley Senior Center, Specification No. SV 24-31.
3 SUMMARY
On
August 21, 2024 , the City Manager’s Office solicited bids for the construction of bathroom improvement at the Simi Valley Senior Center, Specification No. SV 24-31. On September 19, 2024, Ardalan Construction Company, Inc. submitted the lowest responsive bid. Therefore, it is recommended that the City Council award a contract to Ardalan Construction Company, Inc. in the amount of $326,000 for construction of the project.
___
_________________________________
Samantha C. Argabrite
City Manager
P
repared by: Angel Sierra, Assistant to the City Manager INDEX Page
Public Works Contract ...................................... ...............................4 Contract No. 3250046
1 PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF SIMI VALLEY AND
ARDALAN CONSTRUCTION COMPANY, INC.
T
his CONTRACT is entered into this 11/1/2024, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation (“the City”) and Ardalan Constructions Company, Inc., a California Corporation (“the Contractor”).
1. WO
RK.
A. T
he Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.
B. T
he Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents;
C. T
he Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.
D. “
Contract Documents” means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.
2. CO
NTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Three Hundred Twenty Six Thousand dollars ($326,000) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents.
3. T
IME FOR PERFORMANCE.
A. T
he Contractor will fully complete the Work within 180 consecutive working days (the “Contract Time.”)
4 City of Simi Valley
Contract No. 3250046
Ardalan Construction Company, Inc.
B. T
he Contract Time will commence when the City issues a notice to proceed.
The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.
C. T
he Contractor may not perform any Work until:
i. T
he Contractor furnishes proof of insurance as required by the Contract Documents; and
ii. T
he City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.
D. B
y signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time.
E. S
hould the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.
4. D
ISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. T
HIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third- party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third-party claim.
6. T
AXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number.
7. P
ERMITS AND LICENSES . Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.
8. O
WNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.
5 City of Simi Valley
Contract No. 3250046
Ardalan Construction Company, Inc.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
The City The Contractor
Attention: Angel Sierra Attention: Mozafar Ardalan
City of Simi Valley Ardalan Construction Company, Inc.
2929 Tapo Canyon Road 8 E. Gainsborough Road
Simi Valley, CA 93063 Thousand Oaks, CA 91360
805-583-6762 805-496-7273
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
6 City of Simi Valley
Contract No. 3250046
Ardalan Construction Company, Inc.
13. NO THIRD PARTY BENEFICIARY . This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Ventura County.
15. EFFECT OF CONFLICT. In the event of any conflict , inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable an d, as so modified, such portion and the balance of this Contract will continue in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City’s City Manager, or designee, may execute any such amendment on the City’s behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such f acsimile signature will be treated in all respects as having the same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.
7 City of Simi Valley
Contract No. 3250046
Ardalan Construction Company, Inc.
21. T
IME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
I
N WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
A
ttest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
A
pproved as to Form: Ardalan Construction Company, Inc.
By:
Algeria R. Ford, City Attorney
P rint Name: Mozafar Ardalan
Approved as to Content: Title: President
By:
Samantha C. Argabrite, City Manager
P rint Name: Lea McLaughlin
T itle: Secretary
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
8