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HomeMy WebLinkAbout2009-02-10 City Council Agenda Item No. 5CITY OF ins LAKE LSIAOIIE DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 10, 2009 SUBJECT: FRANKLIN STREET DRAINAGE REPAIR Background In the Fiscal Year 2007/2008 Capital Improvement Program, the Lake Elsinore City Council directed staff to perform street repair and rehabilitation on Franklin Street. The project was awarded on September 25, 2007, to the firm of E.B.S. Inc., for the amount of $619,925. The project limits for this work were from Main Street to Avenue 6, a distance slightly over one mile. The paving project was completed on July 22, 2008 in accordance with the plans and specifications. Discussion The paving project included sealing, repairing, and paving over the cracked pavement sections. Prior to the pavement rehabilitation and repairs, rains would dissipate through pavement cracks and settle with the roadway base materials. When the new pavement was placed, ponding from rainfall became a problem. Staff decided that the solution would require design and the delays to the overlay project would be unacceptable. The proposed storm drain work will include installation of a catch basin and berms to direct the drainage towards the basin. The City received two proposals from the following contractors: Hardy & Harper, Inc. $36,575.00 E.B.S. Inc., $40,239.29 Staff is recommending the award to the firm of Hardy & Harper, Inc. Agenda Item No. 5 Page 1 of 13 Franklin Street Drainage Repair February 10, 2009 Page 2 FISCAL IMPACT Total project cost which includes construction, contingency and inspection is estimated at $44,000. The funding source for this project is Gas Tax Fund No. 110. RECOMMENDATIONS: 1. Award the Franklin Street Drainage Repair to Hardy & Harper, Inc. for the amount of $36,575. 2. Authorize the Mayor to execute the contract with Hardy & Harper, Inc. 3. Authorize the transfer of $36,575 from Gas Tax Fund No. 110 to the Franklin Street Drainage Repair project. Prepared by: David S. Solomon Project Engineer Ken A. Seumalo 05- Director of Public Works Approved by: Robert A. Brady City Manager Agenda Item No. 5 Page 2 of 13 Project Area x CITY OF LAKE ejLSINORIE V° DREAM EXTREME City Of Lake Elsinore 130 S. Main St. Lake Elsinore, CA 92530 (951) 674-3124 www.lake-elsinore.org 'y~v% Jq'~ PROJECT AREA I FRANKLIN STREET r a m .dory E Prepared By. Lake Elsinore GIS April, 2007 Data Sources. Y~ Agenda City"oYla'k, , re GI; Pagap&afa~ CITY OF LAKE ELSINORE CONTRACT AGREEMENT This Contract Agreement is made and entered into this day of , 20 by and between the City of Lake Elsinore and as Contractor for the construction of: Drainage Improvements On Franklin Street WITNESSETH that the City of Lake Elsinore and the Contractor have mutually agreed as follows: ARTICLE I The Contract Documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, Standard Specifications, Plans, Special Provisions and all referenced specifications, details, standard drawings, and appendices, togetherwith this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits, and also including any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by the City of Lake Elsinore, Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. ARTICLE III Contractor agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the foresaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. - 1 - Agenda Item No. 5 Page 4 of 13 ARTICLE IV The City of Lake Elsinore hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. ARTICLE V Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions. ARTICLE VI Contractor agrees to indemnify and hold harmless the City of Lake Elsinore or its officers and agents from any claims, demands, or causes of action including related expenses, attorney's fees, and costs based on, arising out of, or in any way related to the work undertaken by Contractor hereunder. ARTICLE VII Contractor affirms that the signatures, titles, and seals set forth herein after the execution of this contract agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. ARTICLE VIII Contractor and its subcontractors agree to utilize State job classifications for submittal of certified payroll, and further agree to pay all their employees the prevailing wage rates in accordance with the current effective General Prevailing Wage Determination made bythe Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 for commercial building, highway, heavy construction and dredging. - 2 - Agenda Item No. 5 Page 5 of 13 IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of , 20 Contractor: By: Lic.# Subscribed and sworn to this day of NOTARY PUBLIC City of Lake Elsinore, By: Mayor City Clerk of the City of Lake Elsinore, Date - 3 - Title CA 20 Agenda Item No. 5 Page 6 of 13 CITY OF LAKE ELSINORE, CA FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that as Contractor, and as Surety, are bound unto the City of Lake Elsinore, in the penal sum of Dollars which is one hundred percent (100%) of the total contract amount for: Drainage Improvements on Franklin Street for the payment of which sum the Contractor and Surety agree to be bound, jointly and severely, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas Contractor has been awarded and is about to enter into the annexed contract agreement with the Agency forthe above stated project, if Contractor faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the Agency; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either Contractor or Surety, and notice of such alterations is hereby waived by Surety. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 20 *Contractor *Surety *Provide Contractor/Surety name, address, and telephone number and the name, title, address, and telephone number for authorized representative. Subscribed and sworn to this day of NOTARY PUBLI 20_ Agenda Item No. 5 Page 7 of 13 CITY OF LAKE ELSINORE, CA MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS that , as Contractor, and , as Surety, are held and firmly bound unto the City of Lake Elsinore in the penal sum of Dollars which is one hundred percent (100%) of the total contract amount for: Drainage Improvements on Franklin Street for payment of which sum, Contractor and Surety agree to be bound jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas Contractor has been awarded and is about to enter into the annexed Contract Agreement with the Agency for the above-stated project, if Contractor or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, Surety will pay for the same in an amount now exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures provided that any alterations in the work to be done, materials to be furnished, ortime for completion made pursuant to the terms of the contract documents shall not in any way release either Contractor or Surety, and notice of said alterations is hereby waived by Surety. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands and seal this day of , 20_ `Contractor *Surety *Provide Contractor/Surety name, address, and telephone number and the name, title, address, and telephone number for authorized representative. Subscribed and sworn to this day of 20_ NOTARY PUBLIC Agenda Item No. 5 Page 8 of 13 CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION INSURANCE Section 3700 of the Labor Code provides in part as follows: "Every employer except the State shall secure the payment of compensation in one (1) or more of the following ways: A) By being insured against liability to pay compensation with one (1) or more insurers duly authorized to write compensation insurance in this state; or B) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees..." The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing the performance of the work of this Contract. SIGNATUF PRINTED NAME TITLE COMPANY, ADDRESS (In accordance with Article 5, commencing at Section 1860, Chapter 1, Part 7, Division 2 of the Labor Code, the above Certificate must be signed by the Contractor and filed with the awarding body prior to the Contractor performing any work under this contract.) TE Agenda Item No. 5 Page 9 of 13 WAGE RATES AND LABOR CODE REQUIREMENTS CITY OF LAKE ELSINORE, CALIFORNIA WAGE RATES By Resolution No. 82-194 the City Council adopted the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Sections 1770, 1773 and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk and are available for review upon request. Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the State Labor Code. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all Subcontractors to keep accurate payroll records, specifying the contents thereof, their inspection and duplication procedures, and certain notices required of the Contractor pertaining to their location. APPRENTICES Section 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the contract. The Contractor is required to make administration of apprenticeship programs journeymen in any apprenticeable trade and are making such contributions. contributions to funds established for the if he employs registered apprentices or if other contractors on the public works site Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Directorof Industrial Relations orfrom the Division of Apprenticeship Standards. COMPLIANCE The above Labor Code Sections are a part of the contract documents. It shall be the responsibility of the Contractor to comply with all such sections, and to ensure the compliance of each of its subcontractors with same. Agenda Item No. 5 Page 10 of 13 CLAYTON ACT AND CARTWRIGHT ACT Section 4551 of the State Government Code specified that in executing a public works contract with the City to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the Agency all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C., Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the Agency tenders final payment to the Contractor without further acknowledgment by the parties. COPELAND "ANTI-KICK BACK" ACT All contracts for construction or repair shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). This Act provides that each contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The participant shall report all suspected or reported violations to the state. CLEAN AIR ACT OF 1970 & FEDERAL WATER POLLUTION CONTROL ACT Contracts of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 and the Federal Water Pollution Control Act as amended. Violations shall be reported to the Service and Regional Office of the Environmental Protection Agency. POLICY NUMBER COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Agenda Item No. 5 Page 11 of 13 INSURANCE ENDORSEMENT FORM ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCILA GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 (Including its appointed and elected officials, officers, and employees) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in this section, but only with respect to liability arising out of "your work" for that insured by or for you. 1. Except with respect to the limits of insurance and any rights or duties specifically assigned in this coverage part to the first named insured, this insurance applies. a. As if each named insured were the only named insured, and b. Separately to each named insured against whom a claim is made or suit is brought. 2. This insurance shall be primary insurance as respects the interest of the City, and any other insurance or self-insured programs maintained by the City is excess of the policy limits and not contributing insurance with the insurance required. 3. Written notice shall be given to the City at least thirty (30) days prior to the termination, cancellation, or reduction of coverage or coverage limits in the policy or the period of coverage. INSURANCE COMPANY NAME: SIGNED BY: Authorized Insurance Company Representative Agenda Item No. 5 Page 12 of 13 Additional Insured This Certificate of Insurance supplied to the City shall name its employees, agents and independent contractors as additional insured and shall specify that the City of Lake Elsinore be given thirty (30) days prior written notice of any modification, decrease or termination of the Contractor's insurance coverage. Such insurance shall be subject to approval by the City. Agenda Item No. 5 Page 13 of 13