HomeMy WebLinkAboutItem No. 16 CSA Maples & Assoc., Inc. PW Office Building Z20023City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
www.lake - elsinore.org
City Council Agenda Report
File Number: ID# 19 -663
Agenda Date: 7/14/2020 Version: 1 Status: Approval Final
In Control: City Council / Successor Aqency File Type: Council Consent
Calendar
Agenda Number: 16)
Award of Construction Aareement with Maples and Associates. Inc. for the Public Works Office
Building Project (CIP Project No. Z20023
1. Award a Construction Agreement to Maples and Associates, Inc. for the Public Works Office
Building Project (CIP Project No. Z20023);
2. Approve, appropriate, and authorize the City Manager to execute the Agreement with Maples and
Associates, Inc. in an amount not to exceed $687,691.00 in the form attached and in such final form
as approved by the City Attorney; and
3. Authorize the City Manager to execute change orders not to exceed a 10% contingency amount of
$68,769.00 for underground uncertainties and adjustments.
City of Lake Elsinore Page 1 Printed on 71912020
CITY OF_.,
LAKE LS I I`�OI�E
` DREAM EXTREME,
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: July 14, 2020
Subject: Award of Construction Agreement with Maples and Associates, Inc. for the
Public Works Office Building Project (CIP Project No. Z20023)
Recommendations
1. Award a Construction Agreement to Maples and Associates, Inc. for the Public Works Office
Building Project (CIP Project No. Z20023);
2. Approve, appropriate, and authorize the City Manager to execute the Agreement with Maples
and Associates, Inc. in an amount not to exceed $687,691.00 in the form attached and in such
final form as approved by the City Attorney; and
3. Authorize the City Manager to execute change orders not to exceed a 10% contingency
amount of $68,769.00 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 6, 2020, the City
posted on PlanetBids the notice inviting bids for the Public Work's Office Building Project (CIP
PROJECT # Z20023). On May 20, 2020, a site visit and job walk was conducted at the project
site. Following the job walk, the second addendum was provided, answering project- specific
questions from the prospective bidders.
Eight bids were received on or before the deadline of 2:00 p.m. on Wednesday, June 3, 2020. All
Bids were opened, examined, and declared in City Hall with three City staff members present.
Because of the Covid -19 restrictions, the public was not able to attend the bid opening; however,
the bid results were posted in Planetbids shortly after the opening. Following the examination of
the bids, the low bidder, Maples, and Associates Inc. was reviewed and interviewed by Staff and
determined complete.
Public Work's Office Building Project #Z20023
July 14, 2020
Page 2
Discussion
The purpose of this Notice Inviting Bids is to seek competitive pricing for key construction
elements of the Public Work's Office Building Project. The building located at 522 Poe Street will
be converted into an administrative office building. This project will also include adding a second
story to the concrete block building to achieve the needed administrative space for offices,
conference rooms, lobby, restrooms, male and female locker rooms, and ample storage space.
This building will also satisfy all ADA requirements with full accessibility on both floors. At
completion, the total office building square footage will be nearly 6,000 Sq. Ft, providing the
needed workspace to accommodate the maintenance department's administrative effort. Below
is a list of the general requirements contained in the notice inviting bid scope of work and the
listing of contractors providing bids:
General Requirements
Site Demolition Building Demolition
Miscellaneous Specialties Framing
Roofing Structural
Exterior Doors Elevator
Windows Stairs and Rails
Name of Company
Bid Amount
Maples and Associates, Inc.
$687,691.00
Hamel Construction
$1,086,317.88
Kunzik & Sara Construction, Inc.
$1,162,754.00
Dalke and Sons Construction
$1,193,993.00
Caliba Inc.
$1,376,000.00
JM Builders
$1,378,000.00
Horizons Construction
$1,407,270.00
Diamond Construction
$1,412,000.00
Following the approval of this agenda item, the remodeling work will begin. The Staff has reviewed
and verified the contractor has a valid license and has provided sufficient references.
Fiscal Impact
The Public Work's Office Building Project (CIP PROJECT # Z20023) is included in the Fiscal
Year 20/21 — 24/25 Capital Improvement Plan (CIP) budget.
Exhibits
A- Agreement
Agreement No.
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
(Maples and Associates Inc.)
PUBLIC WORKS OFFICE BUILDING
CIP PROJECT NO. Z20023
This Agreement for Public Works Construction ( "Agreement ") is made and entered into as
of July 14, 2020, by and between the City of Lake Elsinore, a municipal corporation ( "City "), and
Maples and Associates Inc. a ( "Contractor ").
The City and Contractor, in consideration of the mutual promises and covenants set forth
herein, agree as follows:
1. The Project and Protect Documents. Contractor agrees to construct the
following public improvements ( "work ") identified as:
PUBLIC WORKS OFFICE BUILDING CIP PROJECT NO. Z20023
The City- approved plans for the construction of the Project, which are incorporated herein
by reference and prepared by STK Architecture Inc. are identified as:
Public Work's Office Building, 522 North Poe Street Lake Elsinore
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 ensure 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 outlined in
the Bidder's Proposal, such contract price being six hundred eighty -seven thousand six hundred
ninety -one dollars and no cents ($687,691.00).
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. The 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 one hundred twenty -five (125)
working days from the date of commencement specified in the Notice to Proceed or the Letter
of Intent, 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 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 because 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
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°/x)
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 the 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, the
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 the City, its officers, agents, employees, and volunteers for losses arising from
work performed by the 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.
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
If to Contractor: Maples and Associates Inc.
24977 Washington Street J
Murrieta, CA 92562
Phone (951) 674 -0998
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.
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. Prevailina Waaes
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.
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]
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
Risk Manager
"CONTRACTOR"
Maples and Associates Inc.
By: Mile Maples, Owner