HomeMy WebLinkAboutItem No. 12 Construct Agrmnt Maples & Assoc. Install Wet Util RV Rehab #Z40007Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-226
Agenda Date: 6/13/2017 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council
Agenda Number: 12)
Page 1 City of Lake Elsinore Printed on 6/8/2017
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by:Jason Simpson, Assistant City Manager
Date:June 13, 2017
Subject:Construction Agreement to Maples and Associates for the Installation of Wet
Utilities at the RV Resort Rehabilitation Project (CIP PROJECT #Z40007).
Recommendations
1. Award a Construction Agreement to Maples and Associates for the installation of wet utilities
at the RV Resort Rehabilitation Project (CIP PROJECT #Z40007).
2. Approve and authorize the City Manager to execute the Agreement in the not to exceed
amount of $871,123.00 with Maples and Associates in the form attached and in such final form
as approved by the City Attorney.
3. Authorize the City Manager to execute change orders not to exceed a 10% contingency
amount of $87,112.00 for underground uncertainties and adjustments.
Background
Construction bid documents were prepared and the project was advertised for bid in accordance
with the requirements set forth in the California Public Contract Code. On May 10, 2017, the
City posted on PlanetBids the notice inviting bids for the wet utilities at the RV Resort
Rehabilitation Project (CIP PROJECT #Z40007).A job-walk at the project site was held at
10:00 A.M. on Tuesday May 23, 2017 and five potential bidders attended.
Two Addendums were posted on PlanetBids which provided responses to questions and
additional project information specific to the Notice Inviting Bids and technical details and plans
for Wet Utilities’scope of work..
Two bids were received on or before the deadline of 2:00 p.m. on Wednesday May 31, 2017.
These bids were publicly opened, examined and declared in City Hall. Following the
examination of the bids the low bidder, Maples and Associates,was interviewed, determine
responsive and complete and confirmed the proposal amount considered the entire scope of
work.
Wet Utilities at the RV Resort Rehabilitation Project.
June 13, 2017
Page 2
Discussion
The purpose of this Notice Inviting Bids is to seek competitive pricing for the installation of wet
utilities at the RV Resort Rehabilitation Project (CIP PROJECT #Z40007). The overall essentials
in this scope of work are summarized below as general requirements:
General Requirements
o Underground Wet Utilities
o Above Ground Wet Utilities
o Sewer Utilities
o Fire Line with Hydrants
Name of Company Bid Amount
Maples and Associates $871,123.00
The Van Dyke Corporation $1,027,000.00
Following the approval of this agenda item the wet utilities installation work will be scheduled in
conjunction with the demolition and grading of the entire site. Staff has reviewed and verified the
contractor has a valid license and has provided sufficient references.
Fiscal Impact
The Installation of Wet Utilities for the RV Storage and RV Resort Rehabilitation Project is
included in the Fiscal Year 16/17 – 20/21 Capital Improvement Plan (CIP) budget
Exhibits
A: Agreement
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
(Maples and Associates)
For the RV RESORT REHABILITATION PROJECT
CIP PROJECT NO. Z40007
WET UTILITIES
This Agreement for Public Works Construction (“Agreement”) is made and entered into
as of ____________ __, 2017, by and between the City of Lake Elsinore, a municipal
corporation (‘‘City”) and _______________________, a __________________ (“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:
RV RESORT REHABILITATION PROJECT CIP PROJECT NO. Z40007
The City-approved plans for the construction of the Project, which are incorporated
herein by reference and prepared by _________________________________, are identified
as:
______________________________________________________________________
______________________________________________________________________
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 ______________ dollars
($___________).
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 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 all work within Seventy (70) working days from
the date of commencement specified in the Notice to Proceed and shall complete all work within
Seventy (70) working days, 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 Five
Hundred dollars ($500) 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
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 as of March
1, 2015, 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 agents, 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
violation 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.
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.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.Professional Liability Coverage [if applicable]. Contractor shall
maintain professional errors and omissions liability insurance appropriate for
Contractor’s profession for protection against claims alleging negligent acts, errors or
omissions which may arise from Contractor’s services under this Agreement, whether
such services are provided by the Contractor or by its employees, subcontractors, or sub
consultants. The amount of this insurance shall not be less than one million dollars
($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per
occurrence basis.
b.Endorsements. Each general 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.
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.
11.If to City: City of Lake Elsinore With a copy to: City of Lake Elsinore
Attn: City Manager Attn: City Clerk
130 South Main Street 130 South Main Street
Lake Elsinore, CA 92530 Lake Elsinore, CA 92530
to Contractor: ________________
Attn: ________________
________________
12.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.
13.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.
14.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.
15.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.
16.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.
17.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.
18.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.
19.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.
20.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.
21.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.
22.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.
23.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 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.
24.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]
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”
[Maples and Associates],
By:Mike Maples
Its:Owner