Loading...
HomeMy WebLinkAboutItem No. 7CITY OF LADE LSINOPT DREAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: FEBRUARY 12, 2013 SUBJECT: CONSTRUCTION CONTRACT AWARD DIAMOND CIRCLE REHABILITATION PROJECT NO. 4385 Recommendations 1. Award the Diamond Circle Rehabilitation to Landmark Site Contractors, in the amount of $117,725.95 with a 10% contingency of $11,772 to be used for construction. 2. Authorize the City manager to execute the contract with Landmark Site Contractors. L The existing pavement on Diamond Circle has experienced raveling of the asphalt pavement due to constant water runoff from the adjacent landscaped areas. In addition to the raveling Diamond Circle has some isolated areas of pavement failure and block cracking. The proposed improvements to help eliminate future pavement issues is to remove the existing southerly curb and replace it with an integral curb and gutter system along with three (3) additional cross gutters to collect the parking lot drainage. These improvements will minimize the landscape runoff from the asphalt paving. In addition to these improvements the plans call for the removal and reconstruction of failed pavement sections, crack filling and a 2 inch pavement overlay with a pavement fabric to bring Diamond Circle into a like new condition. In the 2012/13 Capital Improvement Program, the Diamond Circle Paving and Elm Street Paving projects were combined into one project. Because of the timing of the Storm Baseball season, staff divided the projects into two phases with Diamond Circle as phase I. Elm Street paving is phase II of this project and will be through design in mid -March and into construction in early June. AGENDA ITEM NO. 7 Page I of 14 Award Construction Contract February 12, 2013 Page 2 of 3 Discussion On January 31, 2013, at 2:00 pm the City requested informal bids from four contractors to perform the requested work. Plans and Specification were given to the contractors at an onsite job walk that was held to discuss the project scope and answer any question. The informal bids were opened publically on February 4, 2013, at 12:00 pm. The City received 3 bids from qualified contractors to construct the Diamond Circle rehabilitation between Pete Lehr Drive and Malaga Road in accordance with the approved plans and specifications. The bids are as follows: 1. Landmark Site Contractors. Corona $117,725.95 2. Lee and Stires, Inc. Ontario $124,070.60 3. Vance Corporation Rialto $141,650.00 4. EBS Incorporated —Did Not Submit a Bid $ - Fiscal Impact The total project budget is $380,205.00 and the funding sources are shown below: Fund 105 Miscellaneous $100,000.00 Fund 110 Gas Tax $ 280,900.00 $ 380,900.00 The following are the expenditures to date: GHD Engineering — Design for both projects $ 89,957.00 Design Administration $ 6,542.00 Total Expensed to Date $ 96,499.00 Budget remaining for the project $ 284,401.00 Estimated Construction Budget: Landmark Site Contractors including a 10% const. contingency $129,498.54 Inspection and Contract Administration $ 8,000.00 $137,498.54 Projected budget balance for Phase II Elm Street Paving $146,902.46 Page 2 of 14 Award Construction Contract February 12, 2013 Page 3 of 3 Prepared by: Peter Ramey Project Manager Approved by James Riley Director of AdnWistrative Services Department Approved by Ken A. Seumalo QS Director of Public Works Approved by: Grant Yates, City Manager Attachments: Agreement for Construction Services Page 3 of 14 Page 4 of 14 Agreement No. AGREEMENT PROJECT NO. 4385 DIAMOND CIRCLE REHABILITATION 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 Landmark Site Contractors 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). 0 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 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 $ 117.725.95 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). 24 Page 5 of 14 FAITHFUL PERFORMANCE BOND PROJECT NO. 4385 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), 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), Riverside County, California Department of Transportation, its officers, employees and agents, are added as additional insured under this policy and the coverage provided hereunder shall be primary insurance and not contributing with any other insurance available to the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore, and the County of Riverside, its officers, employees and agents; under any third party liability policy. It is further agreed that the other insurance provision(s) of the policy are amended to conform therewith. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. Insurance companies providing insurance here under shall be rated (A minus: VII - Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California. The terms of the insurance policy or policies issued to provide the below insurance coverage(s) shall not be amended or canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendments or cancellation to the City, except that cancellation for non - payment of premium shall require (10) days prior written notice by certified or registered mail. In the event the said insurance is canceled, the Contractor shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established. All liability insurance policies shall bear an endorsement or shall have an attached rider which provides that the City of Lake Elsinore will be notified by certified or registered mail at least 30 days prior to the effective date of cancellation, non - renewal, or material alteration of such policy. Page 6 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 contra with the foll owing m inimum limits: % Bodily Injury $500,000.00 $1,000,000.00 $2,000,000.00 ertv Damage $1,000,000.00 $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 7 of 14 FAITHFUL PERFORMANCE BOND PROJECT NO. 4385 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. Page 8 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 9 of 14 FAITHFUL PERFORMANCE BOND PROJECT NO. 4385 City of Lake Elsinore, Municipal Corporation Landmark Site Contractors 17'1 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 $15,000) Date SIGNING INSTRUCTION TO THE CONTRACTOR: License No./ Classification: A 729500 Expiration Date: 11 -30 -2014 Federal I.D. No.: 33- 0723620 SIGNATURE: TITLE DATE Date PRINT NAME: SIGNATURE: TITLE: DATE: Date All signatures on the Contract Agreement on behalf of the Contractor must be acknowledged before a notary public. General Partners must sign on behalf of the partnership. In the event that the contracting firm is a corporation, two (2) corporate officer's having authority from the corporation MUST sign (two (2) signatures total). If the corporation has a corporate resolution stating that one person is authorized to sign on behalf of all officers, attach corporate resolution immediately following the notary certificates. Corporate Seal may be affixed hereto. Page 10 of 14 I:2[74Ptl Lei 41 FAITHFUL PERFORMANCE BOND (100% of Total Contract Amount) PROJECT NO. 4385 DIAMOND CIRCLE REHABILITATION KNOW ALL MEN AND WOMEN BY THESE PRESENTS THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City," has awarded to Landmark Site Contractors, as Principal hereinafter designated as "Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as PROJECT NO. 4385, is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond guaranteeing the faithful performance of said Contract Agreement; NOW THEREFORE, we the undersigned Contractor and as Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside in the penal sum of dollars, ($ ), 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 any way 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) Page 11 of 14 FAITHFUL PERFORMANCE BOND PROJECT NO. 4385 IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 2013. . •• . SURETY Contractor Name Landmark Site Contractors Name: Address: 1191 Magnolia Avenue Suite D Corona CA 92879 Telephone No.: 951.940.4899 Address: Telephone No.: Print Name: Print Name: Signature: Signature: Approved as to Form this day of Attorney -in -Fact 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 attorney -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). Page 12 of 14 BOND NO. PREMIUM $ LABOR AND MATERIALS PAYMENT BOND (100% of Total Contract Amount) PROJECT NO. 4385 DIAMOND CIRCLE REHABILITATION 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 Landmark Site Contractors 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. 4385, 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 her or its heirs, executors, administrator, successors or assigns, or subcontractors, shall fail to pay any of the persons described in the State of California Civil Code, Section 3181, or amounts due under the 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) Page 13 of 14 LABOR AND MATERIAL BOND PROJECT NO. 4385 :• "I' • IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 2013 . 31 DID 10 Contractor Name: Landmark Site Contractors Address: 1191 Magnolia Avenue Suite D Corona CA, 92879 Telephone No.: 951.940.4899 Print Name: Signature: Approved as to Form this day of 2013 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 a ffixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney -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). Page 14 of 14