HomeMy WebLinkAboutItem No. 05CITY OF
LADE 029ILSINORT
` DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: JANUARY 11, 2011
SUBJECT: CONSTRUCTION CONTRACT AWARD
ANNUAL ASPHALT MAINTENANCE PROGRAM
PROJECT NO. PMP 11
Background
As a part of the City wide annual asphalt maintenance program, the Public Works
Department repairs roadways, temporary walk ways and drainage areas throughout the
City. The scope of work consists of furnishing all labor, materials, tools, equipment, and
incidentals required to provide street maintenance services to the City's Public Works
Maintenance Division. Locations for asphalt repairs are developed through staff
inspections and resident requests.
The term of this annual agreement will be for one year and may be renewable in one
year increments up to three years through the City Manager.
Discussion
The asphalt maintenance program aids City staff with the repair of right of way facilities
throughout the City. Staff generates a work order identifying locations for asphalt repair.
Work orders are based on staff observations or resident/business owner requests. All
work orders specify the type and quantity of work and the billing is based on the bid item
and unit cost. Because each work order is unique, the billing will vary depending on the
individual requests.
There were 15 bid items for this work and the ranking of the bids was determined by
summarizing the unit costs of each bid item submitted by each contractor. The lowest
unit cost total was determined to be the apparent low bidder. The bid summary spread
sheet listing each contractor is attached to this report.
AGENDA ITEM NO. 5
Page 1 of 14
Annual Asphalt Repair
January 11, 2011
Page 2
On January 3, 2011 at 2:00 PM, the City received five (5) bids from qualified contractors
to perform the Annual Asphalt Maintenance Program in accordance with the approved
plans and specifications.
The ranking of the bids are as follows:
1.
Caliber Paving Company, Inc.
$
254.60
2.
All American Asphalt
$
436.17
3.
Hardy & Harper, Inc.
$
440.90
4.
NPG
$
543.15
5.
Bens Asphalt Inc.
$
549.10
Fiscal Impact
On June 1, 2010 City Council adopted the Capital Improvement Program for Fiscal
Years 2010-2015 which included the annual asphalt repair project. The budget for
Fiscal Year 2011 is $282,000 and is funded through Measure A.
Recommendations:
1. Award the Annual Asphalt Maintenance Program to Caliber Paving Company, Inc. in
the amount of $282,000.00
2. Authorize the City Manager to execute the contract with Caliber Paving Company,
Inc. in the amount of $282,000.00.
Prepared by: Peter Ramey
Project Engineer
Ken Seumalo 05
Director of Public Works
Approved by: Robert A. Brady
City Manager
Attachments: Bid Summary Spread Sheet
Contract Agreement
Page 2 of 14
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Page 3 of 14
Page 4 of 14
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CITY of
LAKE . LSII`IOR-E
DAEAM EXTUME
e -Qty Of Lake Bsim e
130 S. Main St
Lake Ssinae, CA 92530
(951) 674-3124
w .lakeelsin .olg
PAVEMENT MANAGEMENT PROGRAM
PROJECT ID NUMBER: STR-0004
PROJECT NUMBER: PIMP
Page 5 of 14
1.
Page 6 of 14
AGREEMENT
ANNUAL ASPHALT MAINTENANCE PROGRAM
PMP-11
NON-PROFESSIONAL SERVICES
This Contract Agreement, for Job Order Job Order Contractor/Non-Professional Services is
made and entered into as of the date signed by the Mayor, by and between the City of Lake
Elsinore, a municipal corporation, County of Riverside, State of California, hereinafter called the
"City" and Caliber Paving Company, Inc. hereinafter called the "Contractor."
RECITALS
A. Contractor is specially trained, experienced and competent to perform the special
services which will be required by this Agreement.
B. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement on the terms and conditions
described herein.
C. City desires to retain Contractor to render the services and related work as set forth in
this Agreement.
AGREEMENT
Scope of Services.
a. Contractor shall perform the services described in the Contractor's bid and
incorporated herein by reference. Contractor shall provide said services at the time, place, and
in the manner specified in the City's Work Order, subject to the direction of the City through its
staff that it may provide from time to time and in such manner as to minimize inconvenience and
potential hazards to the City and the public.
b. Contractor shall furnish all necessary tools, equipment and vehicles at
Contractor's sole expense.
C. Contractor shall provide the City with at least two (2) contact telephone numbers
that can be called by City when emergency maintenance conditions occur. Contractor shall
provide a maximum of one-hour personnel response time upon notification.
d. Contractor shall require each of its employees and subcontractors to adhere to
basic Public Works standards of working attire which shall include basic uniforms, proper shoes
and other equipment and gear as is required by State of California workplace safety regulations.
Shirts shall be worn at all times, buttoned and tucked in.
e. Contractor shall display the organization or firm name on all of its vehicles. Such
display shall be legible from a distance to one-hundred (100) feet.
Page 7 of 14
2. Time of Performance. The services of Contractor are to commence upon execution of
this Agreement and shall continue for a period of one year and may be extended for two (2)
consecutive one-year extensions upon the approval of the City Manager, subject to the review
of the City Council.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. Payment by City under this Agreement shall not be deemed a waiver of defects,
even if such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall submit monthly billings to City describing the work
performed during the preceding month. Contractor's bills shall include a brief description of the
services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Contractor no later
than 30 days after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City requests that Contractor
perform Extra Work. As used herein, "Extra Work" means any work which is determined by City
to be necessary but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work
without written authorization from the City Manager or his/her designee unless such work is
verbally requested in conjunction with an emergency maintenance request. Extra work will be
invoiced separately from services performed in accordance with the Scope of Services.
6. Termination. This Agreement may be terminated by the City or Contractor for cause
upon thirty (15) days' written notice of termination. This contract may be terminated by the City
without cause upon sixty (60) days written notice of termination. Upon termination, Contractor
shall be entitled to compensation for services performed up to the effective date of termination.
7. Reserved
8. Contractor's Books and Records
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges
for services, or expenditures and disbursements charged to City for a minimum period of three
(3) years, or for any longer period required by law, from the date of final payment to Contractor
to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business hours, upon
written request by the City Manager, City Attorney, City Auditor or a designated representative
of these officers. Copies of such documents shall be provided to the City for inspection at City
Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the
records shall be available at Contractor's address indicated for receipt of notices in this
Agreement.
Page 8 of 14
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Contractor's business, City may, by
written request by any of the above-named officers, require that custody of the records be given
to the City and that the records and documents be maintained in City Hall. Access to such
records and documents shall be granted to any party authorized by Contractor, Contractor's
representatives, or Contractor's successor-in-interest.
9. Independent Contractor. It is understood that Contractor, in the performance of the work
and services agreed to be performed, shall act as and be an independent contractor and shall
not act as an agent or employee of the City. Contractor shall obtain no rights to retirement
benefits or other benefits which accrue to City's employees, and Contractor hereby expressly
waives any claim it may have to any such rights.
10. Interests of Contractor. Contractor (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in
real property and shall not acquire any interest, direct or indirect, in the area covered by this
Agreement or any other source of income, interest in real property or investment which would
be affected in any manner or degree by the performance of Contractor's services hereunder.
Contractor further covenants and represents that in the performance of its duties hereunder no
person having any such interest shall perform any services under this Agreement.
11. Ability of Contractor. City has relied upon the experience and training of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement.
Contractor shall therefore provide properly skilled personnel to perform all services under this
Agreement. All work performed by Contractor under this Agreement shall be in accordance with
applicable legal requirements and shall meet the standard of quality ordinarily to be expected of
competent contractor in Contractor's field of expertise.
12. Compliance with Laws. Contractor shall use the standard of care in its profession to
comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Contractor represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of
Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and
expense, keep in effect or obtain at all times during the term of this Agreement, any licenses,
permits, insurance and approvals which are legally required of Contractor, including but not
limited to, a City business license.
14. Indemnity. Contractor shall indemnify and hold the City, its officers, employees, and
agents free and harmless from any liability whatsoever, including wrongful death, based or
asserted upon act or omission of the Agreement or, its employees, subcontractors, and agents
relating to or in anyway connected with the accomplishment of the work or performance of
service under this Agreement. As part of the foregoing indemnity, the Agreement or agrees to
protect and defend at Contractor's own expense, including attorney fees, the City, its offices,
agents, and employees in any legal action based upon any such alleged acts or omission.
Page 9 of 14
15. Insurance Requirements.
Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration
of the contract, the following insurance policies.
The Contractor shall name as additional insured, the City of Lake Elsinore, the Community
Redevelopment Agency of the City of Lake Elsinore (RDA), and shall furnish the City with a
certificate of insurance evidencing liability insurance policy or policies which shall provide
coverage for owned and non-owned automobiles; manufacturers and Contractor's liability;
broad form property damage in any case where the Contractor has any property belonging to
the City in his care, custody or control; owners and Contractor's protective liability; blanket
contractual liability; products and completed operations coverage; coverage for collapse,
explosion, and where any excavation, digging or trenching is done with power equipment; and
shall bear an endorsement containing the following Provisions:
Solely as respect to work done by or on behalf of the named insured for the City
of Lake Elsinore, it is agreed that the City of Lake Elsinore, the Community
Redevelopment Agency of the City of Lake Elsinore (RDA), its officers,
employees and agents, are added as additional insured under this policy and the
coverage provided hereunder shall be primary insurance and not contributing
with any other insurance available to the City of Lake Elsinore, the Community
Redevelopment Agency of the City of Lake Elsinore, and the County of
Riverside, its officers, employees and agents; under any third party liability policy.
It is further agreed that the other insurance provision(s) of the policy are
amended to conform therewith.
The endorsements shall be signed by a person authorized by the insurer to bind coverage on its
behalf. Insurance companies providing insurance here under shall be rated (A minus: VII -
Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified
to conduct insurance business in the State of California.
The terms of the insurance policy or policies issued to provide the below insurance coverage(s)
shall not be amended or canceled by the carrier without thirty (30) days prior written notice by
certified or registered mail of amendments or cancellation to the City, except that cancellation
for non-payment of premium shall require (10) days prior written notice by certified or registered
mail. In the event the said insurance is canceled, the Contractor shall, prior to the cancellation
date, submit to the City Clerk new evidence of insurance in the amounts established.
All liability insurance policies shall bear an endorsement or shall have an attached rider which
provides that the City of Lake Elsinore will be notified by certified or registered mail at least 30
days prior to the effective date of cancellation, non-renewal, or material alteration of such policy.
Page 10 of 14
A combined single limit for Bodily Injury Liability and Property Damage Liability of $2,000,000.00
for each occurrence will be considered equivalent to the above minimum limits for
Comprehensive General Liability.
Property Damage Insurance shall cover full replacement value for damages to any property
caused directly or indirectly by or from acts or activities of the Contractor or its sub-contractors
or any person acting for the Contractor or under its control or direction.
The Contractor shall procure and maintain, at its sole expense, and throughout the term of this
Contract Agreement and any extension thereof, Public Liability and Property Damage Insurance
coverage for owned and non-owned automotive equipment operated. Such coverage limits
shall not be less than $1,000,000 combined single limit.
Any deductibles or self-insured retention must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured
retention as respects the City, its officers, officials, employees and volunteers; or the contractor
shall procure a bond guaranteeing payment of losses and related investigation, claim
administration, and defense expenses.
The Contractor shall also furnish the City with a certificate evidencing Worker's Compensation
Insurance with limits as established by the State of California.
The Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
Notices. Any notice required to be given under this Agreement shall be in writing and either
served personally or sent prepaid, first class mail. Any such notice shall be addressed to the
other party at the address set forth below. Notice shall be deemed communicated within 48
hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor
Attn:
Page 11 of 14
All liability insurance shall cover comprehensive general liability for both bodily injury (including
death) and property damage, including but not limited to aggregate products, aggregate
operations, aggregate protective and aggregate contractual with the following minimum limits:
16. The Contractor hereby agrees to provide and maintain in effect two (2) good and
sufficient Surety Bonds for one hundred percent (100%) each of the contract price. The bonds
shall be a "Faithful Performance Bond" which shall guarantee the faithful performance of all
work and a "Labor and Materials Payment Bond" which shall secure the payment of the claims
of labor, mechanics, or materialmen for all work under the Contract pursuant to Section 3247 of
the Civil Code.
17. The Contractor, the Contractor's heirs, executors, administrators, successors, or assigns
guarantee that all work performed under this Contract fully meets the requirements thereof as to
quality of workmanship and materials furnished. If any defects in materials or workmanship
become evident within a period of one year from the date of the acceptance of the work by the
City Council, the Contractor shall, at his or her own expense, make any repair(s) or
replacement(s) necessary to restore the work to full compliance with the Plans and
Specifications.
18. The Contractor and any agents or subcontractors of the Contractor shall pay the
prevailing rates of per diem wages established by the California Department of Industrial
Relations. The Contractor and any agents or subcontractors of the Contractor shall also adhere
to the California Labor Code, Division 2, Part 7, "Public Works and Public Agencies," and the
California Administrative Code, Title 8, Group 3, "Payment of Prevailing Wages upon Public
Works," all of which are made a part of the Contract documents.
19. The Contractor agrees that he or she and its subcontractors shall maintain and keep books,
payrolls, invoices of materials, records on a current basis, and recording all transactions
pertaining to this Agreement in a form in accordance with generally acceptable accounting
principles. Said books and records shall be made available to the City of Lake Elsinore, County,
the State of California, and the Federal Government and to any authorized representative
thereof for purposes of audit and inspection at all reasonable times and places. All such books,
payrolls, invoices of materials, and records shall be retained for such periods of time as required
by law, provided, however, notwithstanding any shorter period of retention, all books, records,
and supporting detail shall be retained for a period of at least three years after expiration of the
term of this Agreement.
20. Pursuant to California Public Contract Code Section 22300, the Contractor will be
permitted the substitution of securities for any monies withheld by the City of Lake Elsinore to
ensure performance under Contract. At the request and expense of the Contractor, securities
equivalent to the amount withheld shall be deposited with the City of Lake Elsinore, or with a
state or federally chartered bank as the escrow agent, who shall pay such monies to the
Contractor. Securities eligible for substitution under this section shall include those listed in
Section 16430 of the Government Code, bank or savings and loan certificates of deposit,
interest-bearing demand deposit accounts, and standby letters of credit. The Contractor shall
be the beneficial owner of any securities substituted for monies withheld and shall receive any
dividends or interest thereon. The Contractor shall give the City written notice within thirty (30)
days after the Contract is awarded that it desires to substitute securities for money that would
ordinarily be withheld. If the substituted securities are deposited into an escrow, the escrow
shall be governed by a written escrow Contract Agreement in a form which is substantially
similar to the Contract Agreement set forth in Section 22300, of the Public Contract Code.
Page 12 of 14
21. The Contractor agrees to indemnify, defend, and save the City of Lake Elsinore, the
Community Redevelopment Agency of the City of Lake Elsinore (RDA), and the County of
Riverside its officers, agents, and employees harmless from any and all liability, claims,
damages or injuries to any person, including injury to the Contractor's employees and all claims
which arise from or are connected with the negligent performance of or failure to perform the
work or other obligations of this Contract Agreement, or are caused or claimed to be caused by
the negligent acts of the Contractor its officers, agents, employees, sub-contractors or suppliers,
and all expenses of investigating and defending against the same; provided, however, that this
indemnification and hold harmless shall not include any claims arising from the sole negligence
or willful misconduct of the City, RDA, and County of Riverside its officers, agents, or
employees.
The obligation to indemnify, defend and hold harmless set forth herein shall include, without
limitation, any and all attorney's fees incurred by the party to be indemnified, defended, or held
harmless, whether in a judicial or administrative action or in arbitration, and whether the issue is
between the parties or involves one or more third parties.
22. The parties do for themselves, their heirs, executors, administrators, successors and
assigns agree to the full performance of all of the provisions herein contained. The Contractor
may not, either voluntarily or by action of law, assign any obligation assumed by the Contractor
hereunder without prior written consent of the City.
23. Should either party bring any legal or equitable action for the purpose of protecting or
enforcing its rights under this Contract Agreement, the prevailing party in such action shall
recover in addition to all other relief, its reasonable attorney's fees and court costs to be fixed by
the court.
In addition to the foregoing award of attorney's fees, the prevailing party shall be entitled to its
attorneys' fees incurred in any post judgment proceedings to enforce any judgments in
connection with this Contract Agreement. The Provision is separate and several and shall
survive the merge of this Provision into any judgment.
24. By my signature hereunder, as Contractor, I certify that 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 of
this Contract.
25. The effective date of this Contract Agreement shall be the date of the Award of Contract
by the City of Lake Elsinore.
26. Contractors are required by law to be licensed and
License Board. Any questions concerning a Contractor
Contractors' State License Board, 3132 Bradshaw Road,
address: P.O. Box
CA 95826.
regulated by the Contractors' State
may be referred
Sacramento, CA
26000,
to the Registrar
95826. Mailing
Sacramento,
(SIGNATURE PAGE FOLLOWS)
Page 13 of 14
City of Lake Elsinore,
Municipal Corporation
BY:
Financial Administrative Services Director/
City Manager/Mayor
(Select only one please)
DATE:
INTERNAL USE ONLY
ATTEST:
City Clerk
(only needed if Mayor signs)
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Department Head
SIGNING INSTRUCTION TO THE CONTRACTOR:
(Name of Contractor)
License No./
Classification:
Expiration Date:
Federal I.D. No.:
PRINT NAME:
SIGNATURE:
TITLE
DATE
Date
PRINT NAME:
SIGNATURE:
TITLE:
DATE:
Date
All signatures on the Contract Agreement on behalf of the Contractor must be acknowledged
before a notary public.
General Partners must sign on behalf of the partnership.
Corporate Seal may be
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