HomeMy WebLinkAboutCity Council Item No. 5CITY OF
LAKE r�LSIIAOIZE
DREAM EXTREME-
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
FROM:
DATE:
SUBJECT:
BACKGROUND
MAYOR AND CITY COUNCIL
ROBERT A. BRADY, CITY MANAGER
MARCH 24, 2009
DEXTER AVENUE IMPROVEMENTS CONSTRUCTION
CONTRACT AWARD
Dexter Avenue between Central Avenue and Camino Del Norte is a shared between the
City of Lake Elsinore and the County of Riverside. This segment of roadway is in need of
repair and reconstruction; it has been included in the City's FY 2008/2009 Capital
Improvement Program Budget. Although some improvements have been constructed in
front.of L.A. Fitness and Lone Star Steak House, all other areas of Dexter Avenue between
2 " Street and Central Avenue are in need of significant repair. Approximately seventy -two
percent (72 %) of the work is located within the City's jurisdiction and twenty -eight percent
(28 %) of the work is within the County's jurisdiction. The City Council approved a cost
sharing agreement with the County to provide funding for this project. This agreement will
be considered for approval at the March 24, 2009 County Board of Supervisors meeting.
DISCUSSION
On March 17, 2009 at 1:00 pm the City received bids from qualified construction
companies to make Dexter Avenue pavement improvements per plans and specifications.
The bids were as follows:
Hillcrest Contracting
$431,825.00
Hardy & Harper
$434,000.00
RJ Noble Company
$438,286.00
Palm Canyon Contractors
$462,538.00
DBL Construction Corp
$465,703.80
All American Asphalt
$472,000.00
Tyner Paving Company
$492,715.00
Laird Construction Company, Inc
$504,940.00
Grand Pacific Contractors, Inc
$509,130.30
Wheeler Paving, Inc
$512,065.00
Agenda Item No. 5
Page 1 of 13
DEXTER CONTRACT AWARD
MARCH 24, 2009
PAGE 2
Pal p, Inc DBA Excel Paving Co
$573,753.00
EBS Inc.
$575,870.00
Vance Corporation
$594,605.00
NPG Corporation
$629,983.00
Ortiz Enterprises, Inc
$826,945.00
Kirk Paving
$987,732.50
Engineer's estimate for this project is $850,000.
FISCAL IMPACT
Fiscal Year 2007/2008 Capital Improvement Program Budget included $370,000 for this
project. The funding source in the CIP was identified as Gas Tax. With the total project
cost of $700,000 the City's share amounts to $509,000. An additional amount of $139,000
is needed to fund this project. Staff has identified the funding source and proportional
amounts which comprise the City's portion, $509,000, for this project. The distribution is
listed below:
♦ Remainder of Proposition 1B from Grand Avenue $300,000
♦ Remainder of Gas Tax and Measure A from Walnut/Fraser $30,000
♦ Gas Tax $179,000
The remaining $191,000 will be funded through the cost sharing agreement with Riverside
County.
RECOMMENDATIONS
1. Award Dexter Avenue Improvement project to Hillcrest Contracting Inc. for $431,825.00
2. Authorize the Mayor to execute the contract with Hillcrest Contracting Inc.
3. Authorize staff to obligate the funds to the Dexter Avenue Improvement Project.
Prepared by: David S. Solomon
Project Engineer
Ken A. Seumalo 0
Director of Public Works
Approved by: Robert A. Brady
n
City Manager u
Attachments: Vicinity Map
Agreement
Agenda Item No. 5
Page 2 of 13
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ROADWAY RECONSTRUCTION - DEXTER AVENUE:
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PROJECT NUMBER; 4290 Agen a ty e La eESi ^ °,e l5
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Agreement No.
AGREEMENT
PROJECT NO. 4290
STREET IMPROVEMENTS
Dexter Avenue and Second Street from Central Avenue to Camino Del Norte
This Contract Agreement, 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 ktlLtcAes 6Bne7Mc1W6- hereinafter called the "Contractor."
That the City and the Contractor for the consideration hereinafter named, agree as follows:
1. The complete Contract includes all of the Contract documents as if set forth in full herein, to wit, the
Contract Agreement, any and all Contract Change Orders issued after the execution of the Contract
Agreement, Addenda No(s). __L issued prior to the opening of the Bids, the Special Provisions (which
includes the General Provisions and Technical Provisions), the Project Plans, the Standard Plans, the
Standard Specification, reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non -
Collusion Affidavit, the Faithful Performance Bond, the Labor and Materials Payment Bond and insurance,
all of which are essential parts of this Contract and made apart of this Contract Agreement. In the event of
any conflict in the provisions thereof, the terns of said Contract documents as set forth above shall control,
each over the other, in the order provided.
2. The Contractor shall furnish all materials, tools, equipment and labor, except as otherwise provided
in the Plans or Special Provisions, and will perform all the work which is necessary to complete in a good,
workmanlike and substantial manner the above said project in accordance with the Contract documents for
this project, the Contract documents which are hereby specifically referred to and by such reference made a
part hereof.
3. The City will pay the Contractor and the Qontractor agrees to receive and accept the prices set forth
in the Bid Schedule as full compensation for the work required under the bid items awarded by the City, to
wit, the Base Bid Item(s) and Additive Bid Item(s) in the sum total amount of $ 'f ?/ .8 , subject to
additions or reductions of the quantities of the various bid items at the unit prices bid, for furnishing all
materials and for doing all the work contemplated and embraced under this Contract Agreement; forall loss
or damages arising out of the nature of the work aforesaid, or from the action of the elements, or from any
unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work,
until the work is accepted by the City Council; for all expenses incurred by or in consequence of the
suspension or discontinuance of work; and for well and faithfully completing the work, the whole thereof, in
the manner and in accordance with the Contract documents therefore and the requirements of the Engineer
under them.
4. The Contractor hereby agrees to commence work pursuant to this Contract within fourteen (14)
calendar days after the date of authorization specified in the Notice to Proceed. The Contractor agrees to
diligently prosecute the contracted work, including corrective items of work, day to day thereafter, to
completion, within Sit (60) working days after said date in the "Notice to Proceed with Construction,"
except as adjusted by subsequent Contract Change Order(s).
18 Agenda Item No. 5
Page 4 of 13
PROJECT NO. 4290
5. The City and Contractor hereby agree that in case all construction called for under the Contract is
not completed within the time hereinabove specified, including City caused delays or extensions, damages
will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and
determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay.
It is, therefore, agreed that such damages shall be presumed to be in the amount of $250.00 per calendar
day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to
Contractor, said amount for each calendar day by which the Contractor fails to complete the work, including
corrective items of work, under this Contract Agreement within the time hereinabove specified and as
adjusted by Contract Change Order(s). The Contractor will not be assessed liquidated damages for
delay(s) occasioned by the failure of the City or of the owner of a utility to provide for the removal or
relocation of utility facilities.
6. The Contractor shall name as additional insured, the City of Lake Elsinore, the Community
Redevelopment Agency of the City of Lake Elsinore (RDA), and County of Riverside , 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 Contractors 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), and County of Riverside, 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
Bests 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 riderwhich 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.
19 Agenda Item No. 5
Page 5 of 13
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 m inimum limits:
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 forowned
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.
7. 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.
8. The Contractor, the Contractors 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 fumished. 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 repairs) or replacement(s) necessary to restore the work to full
compliance with the Plans and Specifications.
9. 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.
20
Agenda Item No. 5
Page 6 of 13
PROJECT NO. 4290
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
21 Agenda Item No. 5
Page 7 of 13
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.
15. 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.
16. The effective date of this Contract Agreement shall be the date of the Award of Contract by the City
of Lake Elsinore.
17. Contractors are required by law to be licensed and regulated by the Contractors' State License
Board. Any questions concerning a Contractor may be referred to the Registrar, Contractors' State License
Board, 3132 Bradshaw Road, Sacramento, CA 95826. Mailing address: P.O. Box 26000, Sacramento,
CA 95826.
(SIGNATURE PAGE FOLLOWS)
22
Agenda Item No. 5
Page 8 of 13
PROJECT NO. 4290
City of Lake Elsinore,
Municipal Corporation
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
(if contract exceeds $15,000)
Date
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.
resolution stating that one person is authorized to sign on behalf of all officers attach corporate
resolution immediately following the notary certificates. Corporate Seal may be affixed hereto.
23 Agenda Item No. 5
Page 9 of 13
• \ .
PREMIUM $
FAITHFUL PERFORMANCE BOND
(100% of Total Contract Amount)
PROJECT NO. 4290
STREET IMPROVEMENTS
Dexter Avenue and Second Street from Central Avenue to Camino Del Norte
KNOW ALL MEN AND WOMEN BY THESE PRESENTS
THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City," has
awarded to h iLIcke - sT coy 7mc w,G as Principal hereinafter designated as "Contractor" and have
entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete
certain designated public improvements, which said Contract Agreement, effective on the date signed by
the Mayor, and identified as PROJECT NO. 4290, is hereby referred to and made a part hereof; and
WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond
guaranteeing the faithful performance of said Contract Agreement;
NOW THEREFORE, we the undersigned Contractor and as
Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside in the penal sum of
dollars, ($ ), lawful money of the United States, to be paid
to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, his or her or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and provisions in said Contract Agreement and any
alterations thereof made as therein provided, on his or her or their part, to be kept and performed at the time
and in the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Lake Elsinore, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and
effect. In the event suit is brought upon this bond by the City and judgement is recovered, the Surety shall
pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the
terms of the Contract Agreement or to the work to be performed thereunder, or the Provisions
accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the Contract Agreement or to
the work or the Provisions.
(SIGNATURE PAGE FOLLOWS)
24
Agenda Item No. 5
Page 10 of 13
FAITHFUL PERFORMANCE BOND
PROJECT NO. 4290
BOND NO.
IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day
of 20
Contractor Name:
Address:
Telephone No.:
Print Name:
SURETY
Name:
Address:
Telephone No.:
Print Name:
Attomey -in -Fact
Signature:
Approved as to Form this
day of
Signature:
City Attorney
City of Lake Elsinore
NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All
signatures must be acknowledged before a notary public (attach acknowledgments).
The attomey -in -fact for the corporate surety must be registered, as such, in at least one
county in the State of California. (Attach one original Power of Attorney sheet for each
bond).
25 Agenda Item No. 5
Page 11 of 13
BOND NO.
PREMIUM $
LABOR AND MATERIALS PAYMENT BOND
(100% of Total Contract Amount)
PROJECT NO. 4290
STREET IMPROVEMENTS
Dexter Avenue and Second Street from Central Avenue to Camino Del Norte
KNOW ALL MEN AND WOMEN BY THESE PRESENTS
THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City", has
awarded to , as Principal hereinafter designated as "Contractor" and have
entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete
certain designated public improvements, which said Contract Agreement, effective on the date signed by
the Mayor, and identified as PROJECT NO. 4290, is hereby referred to and made a part hereof; and
WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to secure the
payment of claims of laborers, mechanics, materialmen, and other persons, as provided by law;
NOW, THEREFORE, we the undersigned Contractor and , as
Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the penal sum of
dollars, ($ ), lawful money of the United States,
for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or heror its heirs, executors,
administrator, successors or assigns, or subcontractors, shall fail to pay anyof the persons described in the
State of California Civil Code, Section 3181, or amounts due underthe Unemployment insurance Code with
respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld,
and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her
subcontractors, pursuant to Section 13020, of the Unemployment Insurance Code, with respect to such
work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum
specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this
bond by the City or other person entitled to bring such an action and judgement is recovered, the Surety
shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the
court.
This bond shall inure to the benefit of any of the persons described in the State of California Civil Code
Section 3181, to give a right of action to such persons or their assigns in any suit brought upon this bond.
(SIGNATURE PAGE FOLLOWS)
26
Agenda Item No. 5
Page 12 of 13
LABOR AND MATERIALS PAYMENT BOND
PROJECT NO. 4290
BOND NO
IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day
of 20
BIDDER
Contractor Name:
Address:
Telephone No.:
Print Name:
Signature:
Approved as to Form this
day of
SURETY
Name:
Address:
Telephone No.:
Print Name:
Attorney -in -Fact
Signature:
City Attorney
City of Lake Elsinore
NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All
signatures must be acknowledged before a notary public (attach acknowledgments).
The attomey -in -fact for the corporate surety must be registered, as such, in at least one
county in the State of California. (Attach one original Power of Attorney sheet for each
bond).
27 Agenda Item No. 5
Page 13 of 13