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HomeMy WebLinkAboutCIty Council Agenda Item No.06REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. EVANS INTERIM CITY MANAGER DATE: NOVEMBER 13, 2012 SUBJECT: AWARD MAIN STREET SIDEWALK AND PLANTER RENOVATION Recommendation Staff recommends that the City Council authorizes the use of unallocated revenue to be moved to the LLMD Citywide fund for this project. Staff recommends that the City Council authorize the Mayor to award the Renovation Contract to Tri -R General Contractor. Background Main Street sidewalks and block planters were last installed as past of a redevelopment project to beautify historical downtown in 1991. Twenty -one years later the decorative feature has seen a lot of wear and tear. Historic Main Street is home to various City functions as well as numerous businesses that provide services to the community as well as visitors to Lake Elsinore. Discussion Currently there is damaged brick and cracking grout in the sidewalks and missing blocks in the planters. In an effort to improve the downtown landscape, staff has requested three (3) proposals from qualified general contracting companies in order to remedy these particular issues. The three (3) General Contractors along with their bids are as follows: 1. Tri -R General Contractors $ 18,961.00 2. All -Con General Contractors $ 28,000.00 3. Superior Quality Construction $ 43,785.00 Results from the proposals show Tri -R General Contractors to have the best cost to the City a long business history and well known references. AGENDA ITEM NO.6 Page 1 of 14 Downtown Brick Repair November 13, 2012 P. 2 of 2 Fiscal Impact The total one (1) time cost to the City of Lake Elsinore for the renovation project will be $ 18,961.00 and funded from LLMD Citywide. Prepared by: Rick DeSantiago Public Works Superintendant Ken Seumalo Public works Director Approved by: Tom Evans Interim City M Page 2 of 14 Agreement AGREEMENT Main Street Sidewalk and Planter Renovation 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 Tri -R General Contractor 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). 1 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 a part of this Contract Agreement. In the event of any conflict in the provisions thereof, the terms 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 Contractor agrees to receive and accept the prices setforth 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 $ 18.961.00 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; for all 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 Thirty (30) working days after said date in the "Notice to Proceed with Construction," except as adjusted by subsequent Contract Change Order(s). 26 Page 3 of 14 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 $1,000.00 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), Riverside County, California Department of Transportation, 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, 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. 27 Page 4 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 c ontractual with the fo minimum lim its: Each Person 1 Each Occurrence Aggregate Bodily Iniury 1 $500,000.00 1 $1,000,000.00 1 $2,000,000.00 Pronertv Da mage I - -- I $1,000,000.00 1 $2,000,000.00 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. 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 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. 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. Page 5 of 14 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), 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, 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 priorwritten 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. 27 Page 6 of 14 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 anyjudgments 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) Page 7 of 14 City of Lake Elsinore, Municipal Corporation M 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: Tri -R General Contractor License No. / Classification: 555857 Expiration Date: 07/31/2014 Federal I.D. No.: 330915711 PRINT NAME: Tri -R General Contractor SIGNATURE: TITLE: Address: DATE: Date PRINT NAME: SIGNATURE: TITLE: Address: Address: 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. In the event that the contracting firm is a corporation two (2) corporate officer's having authority from the corporation MUST sign (two (2) signatures total). If the corporation has a corporate 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. 27 Page 8 of 14 TRI -R GEN. CONTRACTORS, INC. 22175 FISHER STREET a PERRIS, CA 92570 i 51)657-11 9 v tic. 555857 S www,tri- rgeneralcontractors.com October 19, 2012 City of Lake Elsinore — Mr. Clods Erickson Item Name Description of the Project and Description of the Significant Materials to be Used and Equipment to be Installed: Total Charge to Customer I . Five comers 45.00 2. Six bricks cracked, one column. 25.00 3. Seven bricks cracked another column right and left, all bullnose. 25.00 - - - — 4.7 Grout-lines,-left side only- l5 -ft, right - side ..only -6 -ft. -- - -__- 25.00 -- - - -- 5. Grind 10 ft, one inch down. Acid wash. 50.00 6. Gut out 6 inch cut out by 6 inch curb. Re -pour slope to brick and concrete. 125.00 7. Tree well 5 ft, four times, grout only. Plus picture before two ft grout only between cement and brick. 25.00 8. Two tree wells same size hi density concrete corner second tree well. 25.00 9. Radius first curb 10 ft of radius, replace four brick 125.00 10. Las Cuatro. 16 feet grout only by radius corner and 10 ft of grout red curb to entry. 50.00 11. Radius and replace 14 brick at second radius in front of Medica Familiar 125.00 12. 20 ft grout only, curb to planter at Medica Familiar. 45.00 13. _ Medica Familiar. Four corner pieces. Five brick between columns and grouting 10 ft on two - sides.. 50.00 14. From entry two sides 16 ft each cut brick 125.00 15. 5 ft of brick too high. 6 ft long two sides cut out 10 inch concrete strip re -pour between bricks pavers 150.00 Page 9 of 14 16. Far corner down from concrete strip Boulangerie, replace five bricks at corner. 125.00 17. Ravioli's, grind 5 ft concrete as best as possible. 50.00 18. Raviolis, 16 brick pavers and grout four corners 10 ft each line 125.00 19. Resticana, 10 ft long two grout lines, three sides of grout. 10 piece end. Grind concrete opposite side 10 ft 150.00 20. Guadalajara, 6 grout lines, six bricks 150.00 21. Guadalajara remove 5 ft concrete strip by 12" wide, re -pour flush with brick and ADA ramp 150.00 22. Guadalajara, re -grout two sides 5 ft long 50.00 23. Guadalajara, column 5 pieces bullnose 50.00 24. Guadalajara at corner, two tree wells 4 ft long grout lines 40.00 25. Guadalajara, 30 pieces pavers. Replace all grout throughout corner of Graham and Main, Guadalajara side 225.00 26. Graham St, total 8 pieces of bullnose I50.00 27 Graham alleyway, 9ft, four grout lines, 16 pieces 225.00 28. Graham alleyway, 17 lineal feet by 12 inch wide concrete strip. Remove dome, re -pour 375.00 29. Graham alleyway raise brick up one inch to new concrete level 3 x 4 square feet 316.00 30. Graham St, 8 corner bricks. 125.00 31. Graham opposite side of alley, six pieces corners 125.00 32. Roses Recollections, planters 10 pieces two at bottom 175.00 33. Reeves Insurance, 12 f grout on side, two brick 25.00 34. Precision Loan Services put edge brick at slope, grind left side of concrete, flush 12 inches 75.00 35. In front of City Hall, remove 40 brick, cut out, replace mortar, cement, Grout all four comers this area. Replace 4 bricks along Main St curb. By tree pillar, 10 ft grout and 10 more feet grout only opposite direction. 415.00 Page 10 of 14 36. Prospect and Main St corner, tree well all four sides pour liquid concrete two 3"x3" spots, four feet of grout. Total three pillars upper corners. One more 7 ft line of grout. 150.00 37. hn front of City Hall clock, 8 ft grout only 25.00 38. In front of City Hall clock cut 4 ft of 12 in curb, strip and re -pour. Re- grout at same location 7 ft 175.00 39. Pillar in front of city hall, one upper corner 125.00 40. Two 5 ft grout line in front of city hall concrete to pavers 25.00 41. Ruby's Boutiques; total 20 ft of grout by tree and by pillar two 10 ft strips 100.00 42. Graham and Main St radius, 15 ft of radius, 30 bricks, 20 ft grout in front of pillar two sides ADA entry 4 bricks grout between pillar and planter, upper brick grout. Corner in front of pillar 36" grout, second pillar two bricks. 375.00 43. Insurance, six brick 20 R grout, 10 bricks between pillars. Two 6 ft grout lines in front of tree and tree well 175.00 44. Mexican food /bakery; 12" x 17 ft remove band of concrete and re -pour, follow contour of brick. Replace ten bricks. Replace one center brick. 295.00 45. Juice Plus; replace one paver corner 25.00 46. Recuerdo; 25 brick at curb and grout 47. El Diegos Video; grout only 20 ft, no brick 50.00 48. Marins Antiques; 19ft x 9 ft demo brick and replace 4,275.00 49. Look into potential issue of hump in sidewalk, 11 ft x 3 ft 575.00 50. Remove and replace brick pavers. Seven areas remove glass pavers replace with square band and the lay at 45 angles 875.00 51. At pillar, one pill 6 ft grout and level quick, 12 in x 4 ft strip 195.00 52. 15 ft grout and three bricks, 14 ft two grout lines side by side ADA entry 10 bricks, planter, 4 bricks by bush 275.00 53. Two corners, planter bullnose 13 ft grout between bricks 20 ft x 5 ft area Remove all brick and replace 7 ft x 6 ft area to street 3,750.00 54. Main and Peck St; crack replace 36 bricks by ADA entry off Peck St 185.00 55. 40 lineal feet of grout, second ADA entry, four bricks and grout 125.00 Page 11 of 14 56. 30 lineal feet of grout off Main St and running parallel with Main St 65.00 57. 25 more bricks, replace and grout 135.00 58. 30 more lineal feet of grout by planters running parallel with Main St 65.00 59. Side by sidel2 ft grout only running parallel with Peck St 50.00 60. 50 lineal feet of grout outside by concrete strips by dirt field 85.00 61. Side by side grind three ft of concrete by concrete strip 75.00 62. 8 ft of grinding about one inch too high. Grind to height of concrete strip 50.00 63. 8 ft of grout at pavers 25.00 64. By ADA in front of cultural center, six bricks and 6 ft of grout 75.00 65. By tree well, one side grout. Main and Heald Ave. By tree, 12 ft of grout 25.00 We propose to furnish material and labor, complete in accordance with above specifications, for the sum of $16,686.00 Materials to be purchased shall be Pacific Clay materials. No glass pavers have been included. These areas to be filled in with brick pavers — diagonal borders. Haul away of all debris and, in those areas indicated, demolition work included. Positioning of traffic cones and caution tape as needed as well as traffic control. Brick pavers shall be as close a match as possible as well as with the bullnose brick. We did encounter issues with pavers in the length, thickness and width. Color to be brown flashed. All attempts shall be made to purchase I % x 3 5/8 x 11 5/8 pavers. We propose to furnish all material and perform all labor necessary to complete the project as described above. Upon acceptance of proposal, a formal contract will follow. TRI -R General Contractors, Inc. Date Acceptance of proposal. The above price, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Owner /Acting Agent Date Page 12 of 14 TRI -R GEN. CONTRACTORS, INC. 22175 FISHER STREET v PERRIS, CA 92570 c (951) 657 -1129 b tic. 555857 3 www .tri- rgeneralcontractors.corn October 19, 2012 City of Lake Elsinore — Mr. Chris Erickson Guadalajara Restaurant Item Name Description of the Project and Description of the Significant Materials Total to be Used and Equipment to be Installed: Charges to Customer 1. Plaque all corners 125.00 2. Inside gating area of restaurant, total 15 pieces 175.00 We propose to furnish material and labor, complete in accordance with $300.00 above specifications, for the sum of We propose to furnish all material and perform all labor necessary to complete the project as described above. Upon acceptance of proposal, a formal contract will follow. TRI -R General Contractors, Inc. Date Acceptance of proposal. The above price, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Owner /Acting Agent Date Page 13 of 14 TRI -R GEN. CONTRACTORS, INC. 22175 FISHER STREET b PERRIS, CA 92570 (951) 657 -1129 b Lic. 555a57 b www.tri- rgeneralcontractors.com October 19, 2012 City of Lake Elsinore — Mr. Chris Erickson City of Elsinore — Peck Street Parking Lot Item Name Description of the Project and Description of the Significant Materials Total Charge to be Used and Equipment to be Installed: to Customer 1. Corners on columns four (4) two -faced brick. Six pieces bullnose, ripped 125.00 and cut 2. Trash enclosure, two 6 in x 8 ft long posts. Weld hinges. Gate - 1,675.00 remove 8 in from each gate and weld. 3. Floor Fusion; three bricks pavers corner, 10 bricks plus the three, grout 175.00 four sides, total five grout lines 16 ft We propose to furnish material and labor, complete in accordance 1,975.00 with above specifications, for the sum of We propose to furnish all material and perform all labor necessary to complete the project as described above. Upon acceptance of proposal, a formal contract will follow. TRI -R General Contractors, Inc. Date Acceptance of proposal. The above price, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Owner /Acting Agent Date Page 14 of 14