CITY OF SOLEDAD
JOINT CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AND SUCCESSOR
HOUSING AGENCY SPECIAL MEETING AGENDA
TUESDAY, APRIL 9, 2024
CITY HALL, COUNCIL CHAMBERS
6:30 PM
The public meeting will open at 6:30 p.m. and, after taking public comment for closed session items, the Council will immediately recess to closed session.
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Welcome to your City of Soledad City Council/Successor Agency Meeting. Your City Councilmembers/Agencymembers are:
Mayor Anna Velazquez
Mayor Pro Tem Maria Corralejo
Councilmember Fernando Cabrera
Councilmember Fernando Ansaldo-Sánchez
I. CALL TO ORDER
II. ROLL CALL
III. PUBLIC COMMENT - CLOSED SESSION ITEMS
At this time, any member of the public may address the Council/Agency on Closed Session items appearing on the agenda. Speakers shall have limited time of three (3) minutes. Please be brief and to the point.
IV. CLOSED SESSION
A Closed Session will be held immediately prior to the open public meeting, and will begin at 6:30 p.m. The open public meeting will begin at 7:00 p.m., or soon thereafter as the Closed Session is concluded or adjourned for consideration and conclusion at the end of the open public meeting. 1 1. The City Council of the City of Soledad will recess to closed session to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6. The employee organizations are the Soledad Police Officers’ Association (SPOA), SEIU Local 521 General Unit and SEIU Local 521 Mid-Management Unit and unrepresented employees.
V. CLOSED SESSION REPORTS
VI. PLEDGE OF ALLEGIANCE
VII. ADDITIONS/MODIFICATIONS TO THE AGENDA
VIII. PUBLC COMMENT
At this time any member of the public may address the City Council on items not appearing on the agenda and items of interest to the public that are within the jurisdiction of the Council. In order to assist the City in both conducting efficient and orderly meetings and keeping accurate meeting records, we request that you complete A public comment card. The public comment card should be filled out completely to ensure the speaker is called upon to give comment.
However, use of a card is optional and is not required to provide public comment. Public comments are generally limited to three (3) minutes; the mayor may further limit the time for public comments depending on the agenda schedule. Please be brief and to the point. No action or discussion shall be taken on an item not appearing on the agenda.
IX. CONSENT
1. Resolution No. 6068, A Resolution of the City Council of the City of Soledad Approving Task Order No. 2, Amendment No. 3 with Harris & Associates for City Engineering and Staff Augmentation Services and Authorizing the City Manager to Execute Said Amendment on Behalf of the City of Soledad
Attachments:
Staff Report
Resolution No. 6068
Exhibit A - TO No. 2 Amendment No. 3
X. BUSINESS
1. Resolution No. 6069, a Resolution of the City Council of the City of Soledad Approving a Contract for Construction Services with David Construction & Management, Inc. In an Amount of $749,685.13 Plus a 5% Contingency for a Total Not to Exceed Amount of $787,169 for the Soledad Community Center Modernization Project and Authorizing the City Manager to Execute said Contract on Behalf of The City of Soledad
Attachments:
Staff Report
Resolution No. 6069
Exhibit A - David Construction Contract with Bid Proposal.pdf COUNCIL ACTION: ________________________________
2 04/08/2024
XI. ADJOURNMENT
XII. CERTIFICATION
Megan Hunter, City Manager Date
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact Deputy City Clerk Darlene Noriega at (831) 223-5014. Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (RCRF 35.102-35.104).
“Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 248 Main Street, Soledad, California during normal business hours.”
En caso que usted necesite ayuda en leer o en entender este aviso de Junta Publica, usted puede ponerse en contacto con la oficina del Edificio Municipal en 248 Calle Main o llamar al número (831) 223- 5014, y el aviso será traducido para usted.
Advanced submittal of public comments via email are due by 2:00 P.M. on the day of the scheduled meeting to the Deputy City Clerk at [email protected] Comments are limited to 250 words or less and effort will be made to read your comment into the record, but some comments may not be read due to time limitations. The City Clerk will read email comments, provided that the reading shall not exceed three (3) minutes. The email comments submitted shall become part of the record.
Comentarios públicos por correo electrónico deben realizarse no más tarde de las 2:00 p.m. el día de la reunión programada y deben ser enviados al Secretario de la Ciudad a [email protected]. Los comentarios son limitados a 250 palabras o menos y se hará un esfuerzo para leer su comentario en el registro, pero es posible que algunos comentarios no se lean debido a limitaciones de tiempo. El Secretario de la Ciudad leerá los comentarios por correo electrónico, siempre que la lectura no exceda los tres (3) minutos. Los comentarios enviados por correo electrónico pasarán a formar parte del registro.
3 SUBJECT: Resolution No. 6068, A Resolution of the City Council of the City of Soledad Approving Task Order No. 2, Amendment No. 3 with Harris & Associates for City Engineering and Staff Augmentation Services and Authorizing the City Manager to Execute Said Amendment on Behalf of the City of Soledad
TO: Honorable Mayor Velazquez and City Council
FROM: Donald T. Wilcox, Public Works Director
MEETING DATE: April 9, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.
Recommendation
It is recommended that the City Council of the City of Soledad adopt Resolution No. 6068, A Resolution of the City Council of the City of Soledad "Approving Task Order No. 2, Amendment No. 3 with Harris & Associates for City Engineering and Staff Augmentation Services and Authorizing the City Manager to Execute Said Amendment on Behalf of the City of Soledad".
Executive Summary
A professional services agreement contract with Harris & Associates has been in place since 2019 for Harris staff to serve as the City Engineer. As discussed during the April 3rd Council meeting, Soledad is not alone in having a 50% vacancy of engineering staff due to an overall shortage of engineers in our area. Soledad has had active recruitments for Associate Engineer for over two years and City Engineer for 11 months. Soledad has also implemented a compensation update for these two positions, hired two separate recruiters and sent recruitment information to the job placement coordinators at Cal Poly, Sacramento State, Fresno State and San Jose State universities, but the competition is fierce for licensed and new engineers. To ensure that the current work program for Public Works moves forward, the City needs to continue this contract with Harris. If the City successfully recruits a City Engineer, a good deal of the services contemplated in this contract may no longer be required.
Background
In 2019, the City Manager entered into a small task order with Harris, followed by a larger task order approved by the Council, for supplemental engineering services while the City Manager was acting as the Interim Public Works Director and during the Public Works Director recruitment period.
On April 7, 2021, Council adopted Resolution No. 5698 authorizing a $360,000 professional services 4 agreement contract with Harris & Associates, and Task Order No. 2 to serve as the City Engineer as the Public Works Director at that time was not a CA Licensed Engineer and to help catch up on a large number of backlogged functions due to Public Works Director extended vacancy. The contracted City Engineer task order provided general engineering services for a term of twelve (12) months. The scope of services includes City Engineering Services and General Engineering Services. As City Engineer, Harris would review City projects and Private Development projects that included any public improvements for completeness and technical accuracy, as those documents must be signed by the City Engineer. The scope of General engineering services includes project development, design, and construction inspection support.
Harris & Associates has been providing engineering services for the City since 2013. They have reviewed all current active projects for the City and have extensive corporate knowledge of City Development activity and City Infrastructure. If the City successfully recruits a City Engineer, a good deal of the services contemplated in this contract may no longer be required.
On April 6, 2022, the City Council adopted Resolution No. 5790 authorizing Task Order No. 2, Amendment No. 1 with Harris to extend the contract by two (2) years and approving Task Order No. 2 for On-Call Engineering Services and Task Order No. 3 for Municipal Storm Water Program Support Services for Fiscal Year 2021-2022. Task Order No. 2 was approved in the amount of $75,000 to address immediate needs for support services with the intent of adding budget when necessary. This action extended the Harris contract to April 30, 2024
On June 21, 2023, the City Council adopted Resolution No. 5959 authorizing Task Order No. 2, Amendment No. 2 with Harris in the amount of $218,640 to continue to provide On-Call Engineering Services for another year. This time, services included the addition of in-house staff augmentation support at 2-3 days per week. This action was taken due to staff vacancies and the need for engineering support for many capital improvement projects and other efforts in the Public Works Department.
Task Order No. 2, Amendment No. 2 will expire on April 30, 2024, and in order to continue receiving City Engineering and Staff Augmentation services for calendar year 2024, a new task order amendment must be issued. Due to continued vacancies in staff at critical positions within the Engineering and Public Works Department and the city’s need for continued services to support a range of tasks, projects, and other activities, staff has requested Harris to prepare a proposal to provide ongoing engineering support services through April 6, 2025.
Review & Analysis
As briefly discussed during the April 3 Council meeting, Soledad is not alone in having a 50% vacancy of engineering staff due to an overall shortage of engineers in our area. Soledad has had active recruitments for Associate Engineer for over two years and City Engineer for 11 months. Soledad has also implemented a compensation update for these two positions, hired two separate recruiters and sent recruitment information to the job placement coordinators at Cal Poly, Sacramento State, Fresno State and San Jose State universities, but the competition is fierce for licensed and new engineers. We did have one applicant and hired that person quickly, however the intense backlog of workload was intimidating, and other offers came in that Soledad could not match, so that position was only filled for two weeks.
As the contract City Engineer for the City of Soledad, Harris has recently completed or is currently working on the following projects:
5 Resolution No. 6068
Exhibit A - TO No. 2 Amendment No. 3
· Day-to-day engineering and public works department support. · Preparation of staff reports, resolutions, and presentations to the City Council. · City-wide Safety Improvements.
· Highway Safety Improvement Program (HSIP) Pedestrian Safety Improvements. · Safe Routes to School (SR2S).
· Transportation funding programs.
· Grant research and application support.
· Storm Water and Recycled Water Program support.
· Coordination with on-call traffic engineer and on-call land surveyor.
As noted, the previous task order with Harris for supplemental engineering services expires on April 6, 2024. Staff has determined that the supplemental services described in the proposal attached as Exhibit A to the Resolution are still needed and will provide for continuity of services on tasks and projects that have already commenced or are transitioning to City Staff. Harris will perform the services on a time and materials basis in accordance with their standard fee schedule. Harris’s proposal reflects a fee estimate of $288,720 based on estimated hours by staff classification.
Harris has provided excellent service and staff recommends approval of a task order amendment to extend these services until April 6, 2025. Task Order No. 2, Amendment No. 3 will be subject to the same terms and conditions as the original consulting service contract approved by the City Council on April 7, 2021.
Financial Considerations
Funding for this Task Order will come from staff vacancy savings for the vacant but funded City Engineer and Associate Engineer positions. When these positions are filled, the services of Harris will be significantly scaled back and the fee estimate of $288,720 will be much less.
Alternatives
Adopt the recommended resolution.
Do not approve the attached resolution.
Planning/CEQA
None required.
Public Notice Requirements
None required.
Attachment(s):
6 RESOLUTION NO. 6068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD APPROVING TASK ORDER NO. 2, AMENDMENT NO. 3 WITH HARRIS &
ASSOCIATES FOR CITY ENGINEERING AND STAFF AUGMENTATION SERVICES
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT ON
BEHALF OF THE CITY OF SOLEDAD
WHEREAS, on April 7, 2021, Council adopted Resolution No. 5698 authorizing a $360,000 professional services agreement contract with Harris & Associates, and Task Order No. 2 to serve as the City Engineer as the Public Works Director at that time was not a CA Licensed Engineer, and to help catch up on a large number of backlogged functions due to Public Works Director extended vacancy; and
WHEREAS, on April 6, 2022, the City Council adopted Resolution No. 5790 authorizing Task Order No. 2, Amendment No. 1 with Harris to extend the contract by two (2) years; and WHEREAS, on June 21, 2023, the City Council adopted Resolution No. 5959 authorizing Task Order No. 2, Amendment No. 2 with Harris in the amount of $218,640 to continue to provide On-Call Engineering Services for another year; and
WHEREAS, Task Order No. 2, Amendment No. 2 will expire on April 6, 2024, and in order to continue receiving City Engineering and Staff Augmentation services for calendar year 2024, a new task order amendment must be issued; and
WHEREAS, staff has determined that the supplemental services, as set forth in Exhibit A to this Resolution, are still needed and will provide for continuity of services on tasks and projects that have already commenced or that are in the process of transition to City Staff; and WHEREAS, Harris will perform the services on a time and materials basis in accordance with their standard fee schedule. Harris’s proposal reflects a fee estimate of $288,720 based on estimated hours by staff classification; and
WHEREAS, in order to augment City services, complete certain projects, and assist with the transition of ongoing work, staff recommends approval of a new task order with Harris & Associates to provide city engineering and staff augmentation services until engineering staff vacancies are filled; and
WHEREAS, Task Order No. 2, Amendment No. 3 will be subject to the same terms and conditions as the original consulting service contract approved by the City Council on April 7, 2021; and
WHEREAS, Funding for this Task Order will come from staff vacancy savings for the vacant but funded City Engineer and Associate Engineer positions; and 7 NOW THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Soledad that Task Order No. 2, Amendment No. 3 with Harris & Associates in an amount not to exceed $288,720, a copy of which is attached hereto as “Exhibit A” and by reference incorporated herein, is hereby approved and the City Manager is hereby authorized and directed to execute the same on behalf of the City of Soledad.
PASSED AND ADOPTED by the City Council of the City of Soledad at a special meeting duly held on the 9th day of April 2024 by the following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ANNA M. VELAZQUEZ, Mayor
ATTEST:
MEGAN HUNTER, City Clerk
8 Exhibit A
9 10
11 12
Harris & Associates, Inc.
Exhibit A
Harris & Associates, Inc.
Schedule of Hourly Rates
Effective January 1, 2024
2024 BILLING RATES BY CLASSIFICATON HOURLYRATE
Principal-in-Charge/Vice President $310 - $320
Principal-in-Charge/Sr. Director $290 - $310
Principal-in-Charge /Director $280 - $300
Senior Project Manager II $270 - $300
Senior Project Manager I $250 - $270
Project Manager III $230 - $250
Project Manager II $210 - $230
Project Manager I $190 - $210
Principal Engineer II $290 - $300
Principal Engineer I $260 - $290
Senior Engineer III $220 - $250
Senior Engineer II $200 - $220
Senior Engineer I $180 - $200
Engineer IV $160 - $180
Engineer III $150 - $160
Engineer II $140 - $150
Engineer I $130 - $140
Technical Support $110 - $120
Administrative $100 - $110
Notes:
1. Direct expenses, such as permitting fees, printing of plans and specifications, and other expenses in service of the City’s projects, will be billed at cost plus a 10% markup.
2. Mileage reimbursement rate will be at current IRS mileage rate.
3. All subconsultant costs are reimbursed as a “direct expense” at actual costs plus a 10% markup (invoice/receipts will be provided)
4. A request for an annual rate adjustment will be submitted in writing for approval. Written justification for the rate adjustment will be submitted each year in alignment with the executed agreement. Said proposed adjustment shall not exceed five percent (5%) or the current Consumer Price Index (CPI) for the region; the larger of the two will govern.
13 SUBJECT: Resolution No. 6069, a Resolution of the City Council of the City of Soledad Approving a Contract for Construction Services with David Construction & Management, Inc. In an Amount of $749,685.13 Plus a 5% Contingency for a Total Not to Exceed Amount of $787,169 for the Soledad Community Center Modernization Project and Authorizing the City Manager to Execute said Contract on Behalf of The City of Soledad TO: Honorable Mayor Velazquez and City Council
FROM: Donald T. Wilcox, Public Works Director and Alex Ramos, Assistant Engineer
MEETING DATE: April 9, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.
Recommendation
It is recommended that the City Council of the City of Soledad consider and adopt Resolution No. 6069, “Approving a Contract for Construction Services with David Construction & Management, Inc. in an Amount of $749,685.13 plus a 5% Contingency for a Total Not to Exceed Amount of $787,169 for the Soledad Community Center Modernization Project and Authorizing the City Manager to Execute said Contract on Behalf of the City of Soledad”.
Executive Summary
The Soledad Community Center was constructed in 1993, and while there have been various repairs over the years, the facility needs to undergo a modernization overhaul. Key improvements have been identified for the kitchen to be brought up to current City and County Health Codes, as well as the gym, stage, and remainder of the facility to address systems such as lighting, heating and cooling, and accessibility improvements. Since most of the funding comes from ARPA and grants, it is critical to execute a contract and start work immediately. The stage lighting and ADA lift were funded in part by a T-Mobile Grant and must be completed by December 31, 2024. Staff, therefore, recommends that the City Council approve a contract for construction services with David Construction & Management, Inc. for the Soledad Community Center Building Modernization Project in a total amount not to exceed $787,169 as the only responsive bidder.
Background
The Soledad Community Center was constructed in 1993, and while there have been various repairs over the years while leased to the YMCA, the facility is currently in need of a comprehensive overhaul. 14 The kitchen is presently non-compliant with the County Health Code due to the existing stove hood not having fire suppression, lack of grease trap, porous floor tiles. The kitchen also needs new stoves, heating racks and an ice machine.
Additionally, various upgrades to the Soledad Community Center have been identified and include: the gym and stage lighting upgrades, and replacement of the ADA stage lift that has been inoperable for years. Other components needed to be assessed as they seemed near their end of useful service life and likely need replacement. This includes but is not limited to the interior and exterior doors (to ensure ADA accessibility to the entire facility), emergency generators as the Soledad Community Center acts as an EOC, and parking lot upgrades.
On October 19, 2022, the City Council approved an Agreement between the City of Soledad and InStudio Architecture for the Design and Construction Management of the Soledad Community Center Remodel Project as Task Order #1. Under this Task Order, In-Studio Architecture (ISA) was tasked with the kitchen remodel design.
On December 7, 2022, the City Council approved Task Order 1B Under an Agreement Between the City of Soledad and In Studio Architecture for the Design and Construction Management of the Soledad Community Center Remodel Project. Under Task Order 1B ISA was to provide a design for the upgrades and repairs identified in the overall facility assessment of the Soledad Community Center.
On December 6, 2023, the City received an award notification that the Community Center received a $50,000 grant from T-Mobile to fund new stage lighting and an ADA lift. This project must be completed by December 31, 2024.
Review & Analysis
Staff prepared and formally advertised through Planetbids a formal Request for Bids (RFB) from qualified individuals or firms for the Community Center Building Modernization Project. This RFB was bid out on February 27, 2024, and with a close date of March 21, 2024. The City received only one (1) bid from David Construction & Management, Inc. in the amount of $749,685.13.
This project was advertised with a base bid that included the kitchen remodel, stage lift, and stage lighting and electrical and included three (3) bid alternates. The bid alternates were for the additional upgrades to the gym lighting, restroom remodel, and site work/trash enclosure/parking lot lighting. The alternates totaled an additional $454,592.90.
Staff reviewed the bid proposal and determined that David Construction & Management, Inc. is a responsive and responsible bidder. David Construction & Management, Inc.’s bid came in higher than the cost estimate of $600,000, however, given post Covid-19 prices, this discrepancy has been observed across many City Projects and other agency projects in the state. Therefore, Staff recommends approval of a contract with David Construction & Management, Inc. for the construction services in the base bid amount of $749,685.13 plus a 5% contingency for the Soledad Community Center Modernization Project.
Financial Considerations
The American Rescue Plan Act (ARPA) for the newly approved amount of $600,000 shall be used to partially fund this project. Additionally, Staff applied for a T-Mobile Hometown Grant for $50,000 to help cover the cost of the upgrades to the Stage Lift and Lighting. The remaining balance of $137,169 shall come from the ARPA Fund Interest Earnings.
15 Resolution No. 6069
Exhibit A - David Construction Contract with Bid Proposal.pdf Alternatives
Adopt the proposed Resolution.
Do not adopt the proposed Resolution.
Planning/CEQA
The proposed project is categorically exempt under Class 1 Existing Facilities, having met the qualifying criteria provided under CEQA Guidelines Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15301 provides some, but does not limit project scope to, examples of such projects, including interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. As detailed above, the proposed Project would be categorized under this description.
Public Notice Requirements
None required.
Attachment(s):
16 RESOLUTION NO. 6069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
APPROVING A CONTRACT FOR CONSTRUCTION SERVICES WITH DAVID
CONSTRUCTION & MANAGEMENT, INC IN AN AMOUNT NOT TO EXCEED OF $749,685.13 PLUS A 5% CONTINGENCY FOR A TOTAL NOT TO EXCEED AMOUNT OF $787,169.40FOR THE COMMUNITY CENTER BUILDING MODERNIZATION
PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT ON BEHALF OF THE CITY OF SOLEDAD
WHEREAS, the Soledad Community Center was constructed in 1993, and while there have been various repairs and replacements over the years, the facility is currently in need of a comprehensive repairs and upgrades project; and
WHEREAS, on October 19, 2022, the City Council approved an Agreement between the City of Soledad and In-Studio Architecture for the Design & Construction Management of the Soledad Community Center Remodel Project; and
WHEREAS, on December 7, 2022, the City Council approved Task Order 1B under an Agreement between the City of Soledad and In-Studio Architecture for the Design and Construction Management of the Soledad Community Center Remodel Project; and WHEREAS, as the Soledad Community Center Building Modernization Project completed the design phase, Staff prepared and formally advertised through Planetbids for Bids (RFB) from qualified individuals or firms for the construction services for the project, and the RFB was bid out on February 27, 2024 and had a bid close date of March 21, 2024; and WHEREAS, the City received only one (1) bid proposal from David Construction & Management, Inc. in the amount of $749,685.13; staff reviewed the bid proposal and determined that David Construction & Management, Inc. is a responsive and responsible bidder; and WHEREAS, staff, therefore, recommends approval of a contract with David Construction & Management, Inc. for the construction services for the Soledad Community Center Building Modernization Project for the base bid amount of $749,685.13 plus a 5% contingency in which the City’s Standard Contract form will be used; and
WHEREAS, the American Rescue Plan Act (ARPA) for the newly approved amount of $600,000 shall be used to partially fund this project, the T-Mobil Hometown Grant, if awarded, shall cover an additional $50,000 for the Stage Lift and Lighting, and the remaining balance shall be covered from the Fund Interest-Earning to cover the remaining balance.
NOW THEREFORE, BE IT HEREBY RESOLVED that the City
Council of the City of Soledad approve a Construction Services Contract between the City of Soledad and David Construction & Management, Inc. for a total amount not to exceed $787,169.40 for the Construction Services of the Soledad Community Center Building Modernization Project, 17 and a copy of the Contract and bid proposal with David Construction & Management, Inc. attached as “Exhibit A” and by reference incorporated herein, and the City Manager is authorized and directed to execute the same.
PASSED AND ADOPTED by the City Council of the City of Soledad at a special meeting duly held on the 9th day of April 2024 by the following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ANNA M. VELAZQUEZ, Mayor
ATTEST:
MEGAN HUNTER, City Clerk
18 City of Soledad – Community Center Building Management Inc.
CONTRACT
CONTRACT
This public works contract (“Contract”) is entered into by and between the City of Soledad (“Owner”) and David Construction & Management Inc. (“Contractor”) for work on the Community Center Building Modernization (“Project”).
The parties agree as follows:
1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform work on the Project, and on April 9, , 20 24
bid.
, Owner authorized award of this Contract to Contractor for the amount of Contractor’s
2. Contract Documents. The Contract Documents are comprised of the Notice Inviting Bids; the Instructions to Bidders; addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the payment and performance bonds; the General Conditions; the Supplemental General Conditions, if any; the Project drawings and specifications; the Design Standards and Standard Specifications, Department of Public Works, City of Soledad, 2007 Edition, or as amended; and Change Orders, if any.
3. Contractor’s Services. Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor also agrees to use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.
4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents: The Owner shall pay the Contractor Seven Hundred Forty-Nine Thousand Six Hundred Eighty-Five and 13/100 Dollars ($ 749,685.13-----) (the “Contract Price”) in accordance with the payment provisions set forth in the General Conditions.
5. Time for Completion. Contractor shall fully complete the Work for the Project, meeting all requirements for Final Completion, within two-hundred and forty (240) calendar days from the date of said notification.
6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, Owner may assess liquidated damages in the amount of One Thousand Dollars ($1,000.00) for each day of unexcused delay in achieving Final Completion, and the Contract Price shall be reduced accordingly.
7. Labor Code Compliance. This public works Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including, but not 19 City of Soledad – Community Center Building Management Inc.
CONTRACT
limited to, requirements pertaining to wages, working hours and workers’ compensation insurance, as well as provisions pertaining to Department of Industrial Relations registration.
8. Workers’ Compensation Certification. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
9. Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.
10. Notice. Any notice, billing, or payment required by the Contract Documents must be made in writing, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by e-mail as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party shall be given as follows:
Owner Contractor
Name City of Soledad David Construction &
Management, Inc.
Address 248 Main Street 747 Woodbridge St., Ste. 110
City/state/zip Soledad, CA 93960 San Luis Obispo, CA 93401 Phone 831-223-5000 805-206-8224
Fax 831-678-3965
Attn: Alex Ramos David Pickering
Email [email protected] [email protected]
11. General Provisions.
11.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without Owner’s written consent.
This Contract is binding on Contractor’s successors and permitted assigns.
11.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract except as expressly provided in the General Conditions or Supplemental General Conditions.
11.3 Governing Law and Venue. This Contract shall be governed by California law and venue shall be in the Superior Court of the County in which the Project is located, and no other place.
11.4 Amendment. No amendment or modification of this Contract shall be binding unless it is in a writing duly authorized and signed by the parties to this Contract.
20 City of Soledad – Community Center Building Management Inc.
CONTRACT
11.5 Integration; Severability. This Contract and the Contract Documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between Owner and Contractor. If any provision of this Contract, or portion thereof, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract shall remain in full force and effect.
11.6 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party.
The parties agree to this Contract as witnessed by the signatures below:
OWNER: CONTRACTOR:
City of Soledad David Construction Management, Inc.
s/ s/
Megan Hunter, City Manager
Name/Title [print] Name/Title [print]
Date: Date:
Contractor’s License Number(s)
Expiration Date(s)
Seal:
21 22
23 24
25 Community Center Building Modernization 2021 Form
21-128
SUBCONTRACTOR LIST
Subcontractor List
For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Contract Price,1 the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price.
END OF SUBCONTRACTOR LIST
1 For street or highway construction this requirement applies to any subcontract of $10,000 or more. 26 27
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