HomeMy WebLinkAboutItem No. 09 Agreemnt New Millennium CS office imp at 112 S. MainREPORT 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:July 11, 2017
Subject:Agreement to New Millennium Construction Services for the Office
Improvements located at 112 S Main Street adjacent to City Hall
Recommendations
1. Award an Agreement to New Millennium Construction Services for office improvements.
2. Authorize the City Manager to execute the agreement in an amount not to exceed $99,890.00
and in such final form approved by the City Attorney.
Background
On June 8, 2017, staff initiated a bid invitation (Request for Proposal (RFP)) through Planet Bids
on the City’s website, for office improvements located at 112 S. Main Street adjacent to City
Hall. The improvement proposal deadline was June 23, 2017, at 2:00P.M. On June 15,, 2017,
an on-site walk through off the building was conducted. During this walk through details on the
specific requirements were visually pointed out and discussed with the interested bidders. In
addition, special considerations were discussed that could influence a bidders submittal. The
entire building office space (both inside and outside areas) were made available to the
contractors and their sub-contractors for a thorough examination.
Two (2) proposals were received on or before the deadline. This contractor, New Millennium
Construction Services, was interviewed, determine responsive and complete and the proposal
amount is within the anticipated cost estimate for the scope of work.
Discussion
The purpose of the RFP process was to seek competitive pricing for the office improvements.
The overall essentials in the scope of work are summarized below as general requirements:
General Requirements
Demo exiting drywall, flooring, electrical and ceiling
Repair roof structure at skylight (5) 2”X16”X20’
Office Improvements
July 11, 2017
Page 2
Install all new electrical wiring, lighting and main power panel (Contractor shall
provide electrical plan for City review and approval)
Build new front to rear party wall
Build two new offices with doors
Remove front glass and repair and install new front wall, glass and door with ADA
opener
Install new T-bar ceiling throughout
Level existing concrete floor and install new carpet with base boards
Texture and paint all walls
Rehab existing bathroom with new fixtures door etc.….
Building new front counter and public sitting area
Name of Company Bid Amount
New Millennium Construction Services $99,890.00
Maples and Associates $114,000.00
Following the approval of this agenda item work will immediately begin on the office
improvements. Staff has reviewed and verified the contractor has a valid license and a review
of the contractor’s references.
Fiscal Impact
The office improvements are included in the current Fiscal Year operating budget.
Exhibits
A: Agreement
SHORT FORM PURCHASE OF SERVICES CONTRACT 1 July 5, 2017
City of Lake Elsinore
SHORT FORM PURCHASE OF SERVICE CONTRACT
The parties to this Short Form Purchase of Goods
and/or Services Contract (Contract) do mutually
agree and promise as follows:
1. Parties: The parties to this Contract are the
CITY OF LAKE ELSINORE, a municipal
corporation (City) and the following named
Contractor:
(Name) New Millennium Construction Services
(Street Address)4158 Lugo Ave
(City/State/Zip) Chino Hills CA 91709
(Telephone) (626) 897-1821
(Email) Newmillenniumconstruction@yahoo.com
(Taxpayer ID #) __________________________
(City Business License #) __________________
2. Term: The effective date of this contract is
07/12/2017 and it terminates upon completion
unless sooner terminated as provided herein.
3. Contractor’s Obligations:
(a)To the satisfaction of the City’s Project
Manager, Contractor shall provide the
following goods and/or services: (Attach
extra sheet/s if necessary)
See Exhibit A, Scope of Work
(b)Contractor shall perform the above-
referenced services or delivery the required
goods at or to the following specified
location/s:(Attach extra sheet/s if
necessary)
130 S Main Street, Lake Elsinore CA 92530
(Adjacent Building)
4. Supplemental Conditions: This Contract is
subject to the Supplemental Conditions attached
hereto, which are incorporated herein by
reference.
5.Compensation:Contractor’s total
compensation for the goods and/or services
performed under this Contract is $99,890.00, to be
paid as (check one): (1) X lump sum upon
completion of all Contractor’s Obligations; (2)
lump sum per-task in the amounts indicated
below, payable upon completion of each task; (3)
lump sum per-task in the amounts indicated
below, payable in monthly installments not to
exceed the percentage completion of each task;
(4) per attached written quote, up to a
guaranteed not-to-exceed amount of $$99,890.00
Task Amount
See Exhibit A, Scope of Work $99,890.00
6. Signatures: These signatures attest the
parties’ agreement hereto:
CONTRACTOR:New Millennium Construction
Services
_______________________________________
Print Name/Title Lee Kemble, President
CITY OF LAKE ELSINORE,
a municipal corporation:
By: ___________________________________
City Manager
By: ___________________________________
City Project Manager
Approved as to form:
By: ___________________________________
City Attorney
Approved as to content/Insurance:
By: ___________________________________
City Purchasing Agent/Risk Manager
Attested:
By: ___________________________________
City Clerk
SHORT FORM PURCHASE OF SERVICES CONTRACT 2 July 5, 2017
City of Lake Elsinore
SUPPLEMENTAL CONDITIONS
1.Independent Contractor. It is expressly agreed that Contractor is to perform or
deliver the goods and/or services described herein as an independent contractor
pursuant to California Labor Code Section 3353, under the control of the City as
to the result of his work only but not as to the means by which such result is
accomplished. Nothing contained herein shall in any way be construed to make
Contractor or any of its agents or employees, an agent, employee or
representative of the City. Contractor shall be entirely responsible for the
compensation of any assistants, employees, and subcontractors used by
Contractor in providing said goods and/or services.
2.Cancellation. Either the City or Contractor may cancel this Contract at any time
upon giving the other party five (5) calendar days' written notice of such
cancellation. In the event of cancellation, the City shall be liable only to pay to
the Contractor compensation for services rendered up to the date of the
Contract's cancellation. Under no circumstances shall City be responsible for
payment of lost profits, or damages beyond the total amount of compensation set
in this Contract.
3.Assignment. Contractor shall not assign this Contract, or any part thereof, or any
right of the Contractor hereunder without the prior written consent of the City.
4.Indemnity. Contractor shall indemnify, defend and hold the City harmless from
and against all claims, demands and causes of action for injury, death or damage
to any person or property that may arise or result from Contractor's performance
of this Contract or from acts or omissions of any person(s) employed by
Contractor.
5.Anti-Discrimination. Contractor shall not discriminate against any employee or
applicant for employment because of race, color, religious creed, age, sex,
actual or perceived sexual orientation, national origin, disability as defined by the
American with Disabilities Act (42 U.S.C. § 12010, et seq.) or veteran’s status. To
the extent applicable, Contractor shall comply with all federal, state, and local
laws regarding non-discrimination, equal employment opportunity, affirmative
action and occupational-safety-health concerns, shall comply with all applicable
rules and regulations thereunder, and shall comply with same as each may be
amended from time to time.
6.Legal Responsibilities. The Contractor shall keep itself informed of State, and
Federal laws and regulations and the Lake Elsinore Municipal Code which in any
manner affect those employed by it or in any way affect the performance of its
service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the
Contractor to comply with this section.
7.Insurance. During the entire term of this Contract and any extension or modification
thereof, the Contractor shall keep in effect insurance policies meeting the following
SHORT FORM PURCHASE OF SERVICES CONTRACT 3 July 5, 2017
City of Lake Elsinore
insurance requirements:
7.1 Commercial General and Automobile Liability Insurance.
Contractor, at its own cost and expense, shall maintain commercial
general insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000.00) per occurrence, coverage and automobile liability
insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000.00) per occurrence for the term of this Agreement in an
amount not less than ONE MILLION DOLLARS ($1,000,000.00) per
occurrence, combined single limit coverage for risks associated with the
work contemplated by this Agreement. If a Commercial General Liability
Insurance or an Automobile Liability 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. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death
resulting therefore, and damage to property resulting from activities
contemplated under this Agreement, including the use of owned and non-
owned automobiles. The following endorsements shall be attached to the
policy:
7.1.1 Policy shall cover on an "occurrence basis."
7.1.2 Policy must cover personal injuries as well as bodily injuries.
Exclusion of contractual liability must be eliminated from personal
injury endorsement.
7.1.3 Broad form property damage endorsement must be attached.
7.1.4 Policy must cover contractual liability by amending the definition of
"incidental contract" to include any written contract.
7.1.5 The City, its officers and employees shall be named by
endorsement as an additional insured, and the policy shall stipulate
that this insurance will operate as primary insurance and that no
other insurance effected by the City will be called upon to contribute
to any loss suffered by Contractor hereunder.
7.2 Worker's Compensation.
The Contractor, at its own cost and expense shall carry and maintain
statutory Worker's Compensation Insurance and Employer's Liability with
limits of not less than One Million Dollars ($1,000,000) with an insurance
carrier satisfactory to the City. In the event Contractor is self-insured, it
shall furnish the City with a Certificate of Permission to Self-Insure signed
by the Department of Industrial Relations Administration of Self-Insurance
in Sacramento, California. If any injury occurs to any employee of
Contractor for which the employee, or his dependents in the event of his
death, is entitled to compensation from the City, the City may retain out of
SHORT FORM PURCHASE OF SERVICES CONTRACT 4 July 5, 2017
City of Lake Elsinore
sums due the Contractor under this Contract an amount sufficient to cover
such compensation as fixed by said Act, until such compensation is paid
or until it is determined that no compensation is due and if the City is
compelled to pay such compensation, it will deduct and retain from the
sums due the Contractor the amount so paid.
7.3 Additional Insurance Provisions.
Said policies shall constitute primary insurance as to the City, and its
officers, agents, and employees, so that other insurance policies held by
or for them or the City’s self-insurance program shall not be required to
contribute to any loss covered under the Contractor's insurance policy or
policies.
7.4 Coverage Verification.
8.4.1 Upon notification of receipt by the City of a notice of cancellation,
major change in coverage or expiration, Contractor shall file with
the City a certified copy of the required new or renewal policy.
8.4.1 If, at any time during the life of the Contract or any extension
thereof, Contractor fails to maintain the required insurance in full
force and effect, all work under the Contract shall be discontinued
immediately and all payments due or that become due to the
Contractor will be withheld until notice is received by the City that
the required insurance has been restored to full force and effect
and that the premiums therefore have been paid for a period
satisfactory to the City. Any failure to maintain the required
insurance will be sufficient cause for City to immediately terminate
the Contract.
8.Payment of Prevailing Wages.
Contractor is aware of the requirements of California Labor Code Section
1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the
payment of prevailing wage rates and the performance of other requirements on
“Public Works” and “Maintenance” projects. If the services are being performed
as part of an applicable “Public Works” or “Maintenance” project, as defined by
the Prevailing Wage Laws, and if the total compensation is $1,000 or more,
Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor
shall determine the applicable prevailing rates and make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker
needed to execute the services available to interested parties upon request,
and shall post copies at the Contractor’s principal place of business and at the
project site. Contractor shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws. The provisions of this Section may be waived in if inapplicable to the
services provided hereunder.
SHORT FORM PURCHASE OF SERVICES CONTRACT 5 July 5, 2017
City of Lake Elsinore
Exhibit A
Scope of Work
Demo exiting drywall, flooring, electrical and ceiling
Repair roof structure at skylight (5) 2”X16”X20’
Install all new electrical wiring, lighting and main power panel
Build new front to rear party wall
Build two new offices with doors
Remove front glass and repair and install new front wall, glass and door with ADA
opener
Install new T-bar ceiling
Level existing concrete floor and install new carpet with base boards
Texture paint all walls
Rehab existing bathroom with new fixtures door etc.….
Building new front counter and public sitting area