HomeMy WebLinkAboutID# 14-650 L.C. Paving & Sealing, Inc for Whisker's Fishing Beach Improvemnts CIP Project 4369
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: JUNE 23, 2015
SUBJECT: AWARD CONSTRUCTION CONTRACT TO L.C. PAVING &
SEALING, INC. FOR WHISKER’S FISHING BEACH
IMPROVEMENTS - CIP PROJECT No. 4369
Recommendations
1. Approve and award the Agreement for Public Works Construction to
L.C. Paving & Sealing, Inc., in the amount of $234,833 for the
Whisker’s Fishing Beach Improvements Project, and authorize the City
Manager to execute the Agreement in substantially the form attached
and in such final form as approved by the City Attorney.
2. Authorize the City Manager to execute contract change orders not to
exceed 15% of the total Agreement, pursuant to requirements set forth
in the construction agreement.
3. Authorize the Director of Public Works to record the Notice of
Completion once it is determined the work is complete and the
improvements are accepted.
Background
The design for the Whisker’s Fishing Beach Improvements was completed by
BergerABAM on May 11, 2015. The planned improvements include paving the
existing dirt parking lot, drainage improvements , solar powered LED lighting,
retaining wall to maximize parking and ADA walkway access from the parking lot
to the beach area. Use of Permeable Pavers was included in the parking lot
design for infiltration purpose, which would treat water runoff from the parking lot
prior to discharging into the drainage system. The parking lot improvements will
provide 20 standard parking stalls and 2 standard ADA parking spaces and 1
ADA Van accessible stall. Other ancillary improvements include striping,
Agreement for Public Works Construction – Whiskers Beach Improvements
June 23, 2015
Page 2
concrete wheel stops and PCC sidewalk. The parking lot improvements will
provide all weather surface and safe access to the lake front.
Discussion
Contractor bids were opened publicly on June 11, 2015, at 2:00 p.m. The City
received eleven (11) bids ranging from the low bid by L.C. Paving & Sealing, Inc.,
to the high bid by Hillcrest Contracting. The bid results are summarized below:
Contractor (Bidder) Bid Amount_
1. L.C. Paving & Sealing, Inc. $234,832.80
2. D’Ybanag Construction Co. $238,955.00
3. Southwest Construction Co. $249,444.45
4. IVL Contractors, Inc. $257,620.00
5. DM Contracting, Inc. $271,977.00
6. Aramexx Construction $287,961.00
7. Rentex Construction, Inc. (RCI) $289,940.00
8. Roadway Engineering & Contracting $299,685.00
9. Sierra Pacific West $301,702.84
10. Red Hawk Services $305,856.50
11. Hillcrest Contracting $308,889.50
After reference checks and review of recent similar construction projects that
were successfully completed with other agencies, it was determined that the City
Council should accept the L.C. Paving & Sealing, Inc. bid.
The materials available for inspection are adequate for City staff to support a
recommendation that the bid is responsive in the context of completing the
project as specified.
The Contractor award amount has been rounded up to the nearest dollar for
accounting purposes.
Agreement for Public Works Construction – Whiskers Beach Improvements
June 23, 2015
Page 3
Fiscal Impact
Sufficient funds have been allocated in the Capital Improvement Plan budget for
the Whisker’s Parking Lot Improvement Project and will be funded by Lake Side
Facilities DIF (Fund 118).
Prepared by: Deepak Solanki
Consultant Project Manager
Approved by: Jim Smith, P.E.
Interim Director of Public Works
Approved by: Jason Simpson
Director Administrative Services Department
Approved by: Grant Yates, City Manager
Attachments: Agreement for Public Works Construction
Whisker’s Fishing Beach Improvements Project Page 1
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
L.C. Paving & Sealing, Inc.
Whisker’s Fishing Beach Improvements, Project No. 4369
This Agreement for Public Works Construction (“Agreement”) is made and entered into as
of June 23, 2015, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
L.C. Paving & Sealing, Inc., a corporation ("Contractor").
The City and Contractor, in consideration of the mutual promises and covenants set forth
herein, agree as follows:
1. The Project and Project Documents. Contractor agrees to construct the following
public improvements (“work”) identified as:
Whisker’s Fishing Beach Improvements (the “Project”)
The City-approved plans for the construction of the Project, which are incorporated herein
by reference are identified as: Parking Lot Improvement Plans for Whisker’s Fishing Beach, dated
May 12, 2015.
The Project Documents include this Agreement and all of the following: (1) the Notice
Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by
the Contractor, Contract Documents, General Specifications, Special Provisions, and all
attachments and appendices; (2) everything referenced in such documents, such as
specifications, details, standard plans or drawings and appendices, including all applicable State
and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and
affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or
extending the work contemplated as may be required to insure completion in an acceptable
manner. All of the provisions of the above-listed documents are made a part of this Agreement
as though fully set forth herein.
2. Compensation.
a. For and in consideration of the payments and agreements to be made and
performed by City, Contractor agrees to construct the Project, including furnishing all materials
and performing all work required for the Project, and to fulfill all other obligations as set forth in
the Bidder’s Proposal, such contract price being TWO HUNDRED THIRTY FOUR THOUSAND
EIGHT HUNDRED THIRTY THREE dollars ($234,833).
b. City hereby promises and agrees to employ, and does hereby employ,
Contractor to provide the materials, do the work, and fulfill the obligations according to the terms
and conditions herein contained and referred to, for the prices set forth, and hereby contracts to
pay the same at the time, in the manner, and upon the conditions set forth in the Project
Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s
Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all
obligations hereunder. Such compensation shall cover all expenses, losses, damages, and
consequences arising out of the nature of work during its progress or prior to its acceptance
Whisker’s Fishing Beach Improvements Project Page 2
including those for well and faithfully completing the work and the whole thereof in the manner
and time specified in the Project Documents; and also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the work,
suspension or discontinuance of the work, and all other unknowns or risks of any description
connected with the work.
3. Completion of Work.
a. Contractor shall perform and complete all work within Forty (40) working
days from the date of commencement specified in the Notice to Proceed, and shall provide,
furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes,
utility and transportation services required for construction of the Project.
b. All work shall be performed and completed in a good workmanlike manner
in strict accordance with the drawings, specifications and all provisions of this Agreement as
hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances, and
any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by
any act or omission of the City, the Director of Public Works, the City Engineer, a City inspector,
or a representative of any of them, unless such act or omission actually prevents the Contractor
from fully complying with the requirements of the Project Documents, and unless the Contractor
protests at the time of such alleged prevention that the act or omission is preventing the Contractor
from fully complying with the Project Documents. Such protest shall not be effective unless
reduced to writing and filed with the City within three (3) working days of the date of occurrence
of the act or omission preventing the Contractor from fully complying with the Project Documents.
d. City and Contractor recognize that time is of the essence in the
performance of this Agreement and further agree that if the work called for under the Agreement
is not completed within the time hereinabove specified, 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 ONE THOUSAND
dollars ($1,000) per calendar day, and that the Contractor will pay to the City, or City may retain
from amounts otherwise payable to Contractor, such amount for each calendar day by which the
Contractor fails to complete the work, including corrective items of work, under this Agreement
within the time hereinabove specified and as adjusted by any changes to the work.
4. Changes to Work. City and Contractor agree that the City may make changes to
the work, or suspend the work, and no matter how many changes, such changes or suspensions
are within the contemplation of the Contractor and City and will not be a basis for a compensable
delay claim against the City nor be the basis for a liquidated damages claims against the
Contractor.
Any change to the work shall be by way of a written instrument (“change order”) signed
by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and
Whisker’s Fishing Beach Improvements Project Page 3
c. The extent of the adjustment to the Schedule of Performance.
The Director of Public Works is authorized to sign any change order provided that sufficient
contingency funds are available in the City’s approved budget for the Project. All change in the
work authorized by the change order shall be performed under the applicable conditions of the
Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as
possible the appropriate adjustments for such changes.
5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance
Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price
in the form that complies with the Project Documents and is satisfactory to the City Attorney.
6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or
obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed
of by Contractor without the prior written consent of City.
7. Licenses. Contractor represents and warrants to City that it holds the contractor’s
license or licenses set forth in the Project Documents, is registered with the Department of
Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost
and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses,
permits, insurance and approvals which are legally required of Contractor to practice its
profession. Contractor shall maintain a City of Lake Elsinore business license.
8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Contractor or its employees, subcontractors, or ag ents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or vi olation of law. It is
understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Contractor from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Contractor
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall
procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk
Manager, the following insurance policies.
Whisker’s Fishing Beach Improvements Project Page 4
i. Workers’ Compensation Coverage. Contractor shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Contractor
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Contractor for City. In the event that Contractor is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Contractor shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain
commercial general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a
commercial general liability insurance form or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Required commercial general liability coverage shall be at least as broad
as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv. Builder’s Risk Coverage. Prior to the commencement of any
construction of the Project, Contractor shall obtain (or cause to be obtained) and keep in
force during the term of any construction, builder’s risk insurance insuring for all risks of
physical loss of or damage (excluding the perils of earthquake and flood).
b. Endorsements. Each general commercial liability and automobile liability
insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and
shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
arising out of work performed by or on behalf of the Contractor, including materials, parts
or equipment furnished in connection with such work or operations.
Whisker’s Fishing Beach Improvements Project Page 5
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may have,
shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
10. Notices. 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 set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: L.C. Paving & Sealing, Inc.
Attn: Jose Andris Salinas
996 Borden Road
San Marcos, CA 92069
Whisker’s Fishing Beach Improvements Project Page 6
11. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of agreement between the City and Contractor. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
12. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
13. Assignment and Subcontracting. Contractor shall be fully responsible to City for
all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations
of the Contractor under this Agreement will be permitted only with the express consent of the City.
Nothing in this Agreement shall create any contractual relationship between City and any
subcontractor nor shall it create any obligation on the part of the City to pay or to see to the
payment of any monies due to any such subcontractor other than as otherwise is required by law.
14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
15. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
16. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
18. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
19. Authority to Enter Agreement and Administration. Contractor has all requisite
power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and to bind each respective party. The City Manager
is authorized to enter into an amendment or otherwise take action on behalf of the City to make
the following modifications to the Agreement: (a) a name change; (b) grant extensions of time;
(c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the
Agreement. The Director of Public Works shall act as the Project administrator on behalf of the
City.
Whisker’s Fishing Beach Improvements Project Page 7
20. Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
21. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate
of per diem wages as determined and as published by the State Director of the Department of
Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these
rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake
Elsinore and are available for review upon request.
b. Contractor's attention is directed to the provisions of Labor Code Sections
1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these
Sections. The statutory provisions for penalties for failure to comply with the State's wage and the
hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all
subcontractors to pay not less than the prevailing wage rates to all workmen employed in the
execution of the contract and specify forfeitures and penalties for failure to do so. The minimum
wages to be paid are those determined by the State Director of the Department of Industrial
Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep
accurate payroll records, specifies the contents thereof, their inspection and duplication
procedures and certain notices required of the Contractor pertaining to their location. The
statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been
awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish
electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016,
Contractor and its subcontractors must furnish electronic certified payroll records to the Labor
Commissioner without regard to when the Project was awarded to Contractor.
d. Labor Code Section 1777.5 requires Contractor or subcontractor
employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship
Committee nearest the site of the public works project, which administers the apprenticeship
program in that trade for a certificate of approval. The certificate will also fix the ratio of
apprentices to journeymen to be used in the performance of the Agreement. The Contractor is
required to make contributions to funds established for the administration of apprenticeship
programs if the Contractor employs registered apprentices or journeymen in any apprenticeable
Whisker’s Fishing Beach Improvements Project Page 8
trade and if other contractors on the public works site are making such contributions. Information
relative to apprenticeship standards, contributions, wage schedules and other requirements may
be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship
Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept
otherwise qualified employees as registered apprentices solely on the grounds of race, religious
creed, color, national origin, ancestry, sex, or age.
e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code
Section 1810.
23. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
Whisker’s Fishing Beach Improvements Project Page 9
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
“CONTRACTOR”
L.C. Paving & Sealing, Inc., a Corporation
By: _____________________
Its: _____________________
By: _____________________
Its: _____________________