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HomeMy WebLinkAbout2012-08-14 City Council Agenda Item No. 06 ~~A~ REPORT TO CITY COUNCIL T0: HONORABLE MAYOR AND MEMBERS OF THE CITYCOUNCIL FROM: THOMAS P. EVANS INTERIM CITY MANAGER DATE: AUGUST 14, 2012 SUBJECT: CONSTRUCTION CONTRACT AWARD ANNUAL CONCRETE MAINTENANCE PROGRAM Recommendations: 1. Award the Annual Concrete Maintenance Program to Above All Names Construction Services, Inc. in the amount of $130,000. There is no rate increase associated with the extension of this contract. 2. Authorize the Interim City Manager to execute the contract with Above All Names Construction Services, Inc. in the amount of $130,000.00. Background As a part of the City wide annual maintenance program, the Public Works Department repairs curbs, gutters and sidewalks at various locations. Staff develops a list of locations that need attention based on our inspections and public request for repairs. In this contract, the contractor is obligated to furnish all labor, materials, tools, equipment, and incidentals required, to provide curb, gutter and sidewalk maintenance services to the City's Public Works Maintenance Division. In 2011 the City Council entered into an agreement with Above All Names to provide this work. The term of the original annual agreement was conditioned to be for one year and renewable in one year increments up to three years through the approval by City Manager, and subject to the review of City Council. This recommendation represents nd the 2 year of the contract. AGENDA ITEM N0.6 Pagelofl0 Concrete Maintenance Agreement Renewal August 14, 2012 Page 2 Discussion The concrete 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 residentlbusiness 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. Above All Names has performed well over the course of the first year of this contract. Their work is consistent with the City Standards and their crews are responsive and work well with City staff. Staff is recommending that the Council approve a one year extension to the City's contract with Above ali Names. Fiscal Impact On June 26, 2012, City Council adopted the Capital Improvement Program for Fiscal Years 2012-2017 which included the annual concrete repair work with a budget. In this fiscal year, there is a budget of $130,000. The Annual Concrete Maintenance Program is funded through Measure-A. Prepared by: Peter Ramey Project Engineer Ken Seumalo Director of Public Works Approved by: Thomas P. Evans Interim City Man r Attachments:. Contract Agreement Page2of 10 SECOND AMENDMENT TO SERVICES CONTRACT This Second Amendment to Services Contract (this Amendment) is made and entered into as of the 14{~' day of August, 2012, by and between the City of Lake Elsinore, a municipal corporation (the "City") and above All Names Construction Services, Inc.("Contractor"). RECITALS A. City and Consultant have previously entered into that certain Services Contractor, dated as of January 11, 2011 (the "Contract"). NOW, THEREFORE, the parties amend the Contract as follows: 1. Section 2. Time of Performance. The services of Contractor shall be extended to July 1, 2013. Each individual signing below represents and warrants that he/she has the authority to execute this Amendment on behalf of and bind the party he/she purports to represent. IN WITNESS WHEREOF the parties have caused this Amendment to the Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: CONTRACTOR: Thomas P. Evans, Interim City Manager Title & Name APPROVED AS TO FORM City Attorney Page 3 of 10 S AGREEMENT ANNUAL CONCRETE MAINTENANCE PROGRAM PROJECT NO, 4~~4 NON-PROFESSIaNAL 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 cal ed the "City" and Above All Names Construction Services, lnc. hereinafter ca led the "Contractor." R~CITA~S A. Contractor is specially trained, experienced and com~tent 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 Chia Agreement, A REEMEIT 1. Scope of ~~~vices. a, Contractor shall perfornn the services described on Exhibit A which is attached hereto and incorporated herein by reference. Contractor shawl provide said Services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide tram time to time and in such manner as to minimise inconvenience and potential hazards to the City end the public. b. Coen#ractor shall furnish al'1 necessary toots, equipment and vehicles at Contractor's sole expense. c. Contractor shall provide the City with at least. two (~}contact telephone numk~ersthat can be called by City when emergency maintenance conditions occur. Contractor shall provide a maximum of one- hourpersonnel 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 warn at ail times, buttoned and tucked in, e. Contractor shall display the organization ar firm name on all of its vehicles. Such display shad! be legible from a distance to onerhundred X100}feet. 2. ~'itne: _af.. Pe~orn~ace The services of Contractor are to commence upon execution of this Agreement and shalt continue far 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. Page 4 of 10 AG~'EEMENT 3 Compensation. Compensation to be paid to Contractor shall be in accordance wi#h the Schedule of Charges setforth 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 Contrac#of shall submit monthly billings to City describing the work performed during the preceding month. Contractor's bills sh-all include a brief description of the services performed, the date the services were performed, the number of hours spen# and bywhom, and a description of any reimbursable expenditures. City shall pay Contractor no later than 30 days after approval of the monthly invoice by Ci#y staff. 5. Extra Work. At any time during the term of this Agreement, City requests that Contractor perform Extra Work. As used herein, "Extra v~lork~ 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 shat! not perform, nor be compensated far, Extra Work v~ithout 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 {~Q} days' written notice of termination. This contract may be terminated by the City without cause upon sixty {6d}days written notice of terrr~inatian. Upon termination, Contractor shall be entitled to compensation for services performed up to the effectir~ date of termination, Y a 7. ~eserre 8. Contractor's Rooky and Reccard a. Contractor steal{ maintain any and ail ledgers, books of account, invoices, vouchers, canceled checks, and other records ar 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. p b. Contractor shall maintain all documents and records which demonstrate performance under this Agreemen# for a minimum period: of three {3} years, or for any longer period required bylaw, from t#~e date of termination or cornpieton of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shalf be made available for inspection or audit, at any ~~me 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 steal! 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. . d. vlfl~ere 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 shad be grantedto any party authorized by Contractor, Contractor's representatives, or Contractor's successorin-interest. 9. Inde~,nd~nt Conti;~q,~. 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 of employee of the City. Contractor shall obtain no rights to retirement... benefits or other benefits Page ~ of to AGREEMENT which accrue to City's employees, and Contractor hereby expresslywaives any claim it may have to any such rights.. 1 Interests of Contractor. Contractor including princi..pals, 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 propertyor 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 trai-Wing of Contractorto perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide pro-perry skilled personnel to perform III services under this Agreement. AN 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. 2. Corn: liance with Lai. Contractor shall use the standard of care in 'sts profession to com-ply with all applicable federa ,state and local laws, codes, ordinances and regulations. 13. Licenses. Contractor represen#s 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 Contractorsl~al , at its sale cost and expense,: keep in effect or obtain at all times duringthe term of this Agreement, any licenses, permits, insurance and approvalswhich are legally required of Contractor, including. but not limited to, a City business license. 14. 1nde~mnty. Contractor shall indemnify and holed the City, its officers, employees, and agents free°and harmless from any liabilitywhatsoever, .including wrongful death, based or asserted upon act or omission of the Agreement or, its employees, subcontractors, and agents relating toor 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 #o protect and defend at Contractor's own expense., including attorney fees, the City, its offices, agen#s, and employees in any legal action based upon any such alleged acts or omission. n 15. Insurance,.R,~„ ,~r~ments. p. Contractor, at Contractor's own cost and expense, shall procure and mai fain, 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; broadform propertydamage in any case where the Contractor has any property belonging to the City in his care, custody ar control; owners andContractor'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 far 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 take 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. Page 6 of 10 AGREEMENT It is further agreed that the other insurance provisson(s} of the policy are amended to confiorm t'herewith,- 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: Vll-Admitted} or better in Best's Insurance Rating Guide and shall belegally- licensed and qualified to conduct insurance business in the Mate of California. The terms of the insurance policy ar policies issued to provide the below insurance coverages}shall not be amended or canceled by the carrier without thir#y (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 pal'icies shat! bear an endorsement orshall have an attached riderwhich provides that the City of Lake Elsinore will be notified by certified or regis#ered mail at least 30 days prior ta~the effective date of cancellation, Han-renewal, or material alteration of-such policy. AI ii~bility insurance shall cover comprehensive general liability for bath 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: Ech► Person Each Occurrence aggregate ~o~ily in~~~ ~500,000.0Q $1,000,000.0 $2,40~,000..g0 ~raperty Damage $1,000,000.00 $2',000,00.0 A combined single limit for Bodily Injury Liability and Property Damage liability of X2,000,000.00 for each occurrence wi11 be considered equivalent tothe- above minimum limits for Comprehensive General Liability. Property Damage Insurance shall coverfull replacement value for damages to any property caused directly or indirectly by or from acts or activi-.ties of the Contractor or its sub-contractors or any person acting for the Contras#or 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 Praper#y Damage Insurance coverage far owned and non-awned automotive equipment operated. Such coverage limits shalC_not be less than $1,000,000 combined single limit. Any deductibles or sei#-insured reten#ion must be declared to and approved by the Ci#y. At the option afthe- City, either: the insurer shall reduce or eliminate such deductibles orself-ins red retention as respects the City, its officers., officials:,:. employees and volunteers, or the contractor shawl procure a bond guaran#eeng payment of losses and related mvesflgation, 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 far each subcontractor. All coverages for subcontractors shall be sub}ect to all of the requirements stated herein. Page 7 of 10 AGREEfUIENT 6 Not___is 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 setforth below. Notice shall be deemed cammunicatedwithin 48 hours from thetime afimailing if mailed as provided in this section. If to City: City of lake Elsinore Attn: City Manager 134 South Main Street lake Elsinore, CA 92530 Ifi to Contractor: Above All names Construction Services, f nc Attn: John C. Pedregon 1fi48 W. Persimmon Street Rialto, CA 92377 16. The Contractor hereby agrees to provide and maintain in effect two {2}good and sufficient Surety fonds for one hand-red percent X100%} each of t e contract price. The bonds shall be a "l~aithful Performance bond"which shall guarantee the fiaithful performance of all work and a "Labor and Materials Payment Bond" which shall secure the payment of the claims of lobar, mechanics, or materialmen for all work under the Contract pursuant to Section 3247 of the Civil Cade. 17. The Contractor, the Contractor's heirs, executors, administrators, successors, ar assigns guarantee that all work performed under this Can#ract fully meets the requirements thereof a to quality of workmanship and- materials furnished. if any defects in materials or workmanship become evident within a period of ana year from the date of the acceptance of the work by the City Council, the Contractor shall, at his ar her own expense, make any repairs} or replacements) necessary to restore the work to full comp-Hance with the Plans and Specifications. 18. The Contractor and any agents or subcontractors of the Contractor shell pay the prevailing rates of per diern 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 Lobar Cade, Division 2, Part 7, "Public Works and Public Agencies," and the California Administrative Cade, 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 forpurposes of audit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and records shah be retained for such periods of time as required by law, provided, however, notwithstanding any shorter period of retention, all books, r+~cords, and supporting. detail shat! be retained for a period of at least three years after expiration of the term of this Agreement. a 20. Pursuant #a California Public Contract Code Section 22300, the Contractor will be permitted the subs#itution of securities far any monies withheld bythe 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 depas# accounts, and standby letters of credit.. The Contractor shall be the beneficial owner of any securities substituted far monies withheld and shah receive any °dividends or interest thereon. The Contractor shall give the City written notice within thirty X30}days after the Contract is Page 8 of 10 AGREEMENT awarded that i# 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 farm which is substantially similar to the Gontract Agreement set forth in Section 22300, of the Public Contract Code. 21. The Contractor agrees #o indemnify, defend, and save the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore {RDA}, and 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 a l expenses of investigating and defending against the same; provided, however, that this indemnt;cationsnd hold harmless shall no# incl de any claims arising from the sole negligence or willful misconduct of the City, RDA, and its officers, agents, or employees. The obligation #o indemnify, defend and hood harmless setforth herein shall include, withoutlimtation, any and all attorney's fees incurred by the party to be indemnified,. defended, or head harmless, whether in a judicial or admini trative action or in arbitration., and whether the issue is between t e parties or invo-Ives one or more third parties. 22. The parties da far themselves, their heirs, executors, administrators, successors and assigns agree to the full perforrnanceof all of the provisions here%n contained. The Contractormaynot, ethervoluntarily or by action of law, as ign any obligation assumed by the Contractor hereunder without prior written consent of the City. 23. Should either party bring any Legal ar equitable action for the purpose of protecting or enforcing its tights under this Contract Agreement, the prevailing party in such action shal'1 recover in addition to all other relief, its reasonable attorney's fees and court cads to be fixed by the court. In addition to the foregoing award of attorney's fees, the prevailing party shah be entitled torts 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 intoany judgment. 24. By my signature hereunder, as Contractor,l certify that I am aware of the Provisions of Section 3748., of the Labor Cade which require every employer to be insured against liability for 1Norkers' Compensation ar 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 thss Contract. 25. The- effective date of this Contract Agreement shall be the date of the Award of Gontract by the City of Lake Elsinore. 26. Contractors are rewired. bylaw to be licensed and regulated by the Contractors' State License Board. Any questions concerning a Contractor may be referred to the Registrar Gontractc~rs' State License Board, 3~ 32 Bradshaw Road, Sacramento, GA 9826. Mailing address: P.4. Box 2G000, Sacramento, GA 95828, SIGNATURE PACE PQI.LOwS} . Page 9 of 10 AGREEMENT City of Lake Elsinore, (Name of Contractor} Municipal Corporation ~ . . EY~ ~ License No./ _ _ _ Classit~cation: ~ ~ _ ~ ~ City Manager Expiration Date: _ ~ ~ " ~ " ~ ~ Federal l.D. No.: DATE: ~ ~ 6 l[~TERI~IA~ IJSE GNLY PRINT NAME,:. ~i~NATURE~ a ~~erk TITLE, w if Mayor signs} ~ ~ J`~ DATE....:... APB ~ AS Ta LEA Date } j.. _ City A ~ney PRINT NAME x ~ ~ r . _ i Da e d RECC~MM~NDED ~~R APPRUVAL: TT~~~ _ _ .A . . _ Department Heed (~f con~racf exceeds $1~,04~ .....Date I~NIN~ LN~TRl1CTlCJfJ TfJ THE COt1lTRAT~R All signatures on the Contract Agreement on behalf of the Contractor must be acknowledged before a notary public. General Partners must sign an behalf of the partnership ~r° that the ~n~~~ o ~ . ~ ~ . ~ ~ ' . ~ ~ _ ~ ~ ~t~ ~ = l~T ~ t' ~ t~ tta ~ h ~ ~ ort . ~ , ~ ~ ~ e e~ ~ ~ ~h~~~e # ~ ~n ~ ~ ~ opt ~i . reso~utt~n imm$diat~f #olbwin the nota cert~flcate. Cc~rp~r~te e~1 ~a~y~ ~e a~e~d hereto. Page 10 of 10