HomeMy WebLinkAboutItem No. 12 Contract Install of 5,050 sf Porcelain Flooring Maples and Assoc. Diamond StadiumCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-038
Agenda Date: 2/26/2019 Status: PassedVersion: 1
File Type: Council Consent
Calendar
In Control: Successor Agency
Agenda Number: 12)
Award Contract for Installation of 5,050 Square Feet of Porcelain Flooring at Diamond Stadium
in the amount of $44,728.46 to Maples and Associates in compliance with LEMC Section
3.12.040, Diamond Club Project (CIP PROJECT #RDAZ20003).
Award Contract to Maples and Associates in compliance with LEMC Section 3.12.040.A. and authorize
the Executive Director to execute the Contract in such final form as approved by Agency Counsel.
Page 1 City of Lake Elsinore Printed on 5/10/2023
REPORT TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Chair and Members of the Successor Agency
From:Grant Yates, Executive Director
Prepared by: Jason Simpson, Assistant Executive Director
Date:February 26, 2019
Subject:Award Contract for Installation of 5,050 Square Feet of Porcelain Flooring at
Diamond Stadium in the amount of $44,728.46 to Maples and Associates in
compliance with LEMC Section 3.12.040,Diamond Club Project (CIP
PROJECT #RDAZ20003).
Recommendation
Award Contract for installation of 5,050 square feet of porcelain flooring at Diamond Stadium in
the amount of $44,728.46 to Maples and Associates in compliance with LEMC Section
3.12.040.A. and authorize the Executive Director to execute the Contract in such final form as
approved by Agency Counsel.
Background
The current flooring in the Diamond Club is a combination of carpeting and tile. Both surfaces
are in need of replacement due to safety and operational wear and tear. The time frame to
complete this work presents unique challenges and special considerations in light of Diamond
Club operations. Working closely with the Storm staff and the Diamond Club event schedule an
opportunity to complete the project with minimal disruption to the facility has become available
between March 17 and March 31, 2019. This project would typically have a three week
construction period however; the contractor has agreed to work double eight hour shifts with two
crews so the project can be completed in a much shorter time frame and within the Diamond
Club event schedule widow of opportunity.
Discussion
Pursuant to Chapter 3.12 of the Lake Elsinore Municipal Code (LEMC), the City maintains a list
of contractors in accordance with the provisions of Public Contract Code Section 22034 and
criteria promulgated by the California Uniform Construction Cost Accounting Commission.
Pursuant to LEMC Section 3.12.040.A., public works projects within the limits set forth in Public
Contract Code Section 22032(a) may be performed by negotiated contract approved and signed
by the City Manager/Executive Director.
Diamond Club Flooring
February 26, 2019
Page 2
Maples and Associates is a qualified contractor on the City’s contractor list and under contract
with the City pursuant to an on-call agreement. Maples and Associates has identified and
coordinated the work of the specialty sub-contractors needed to perform the existing floor
demolition, flooring preparation and new flooring installation for a total contract price of
$44,728.46 which is within the $60,000 limit imposed by Contract Code Section 22032(a).
At this time the selected porcelain tile material quantities are available and are being held by
reservation for purchase by the Agency immediately following this Successor Agency action.
The contractor’s proposal provides for the completion of the installation project in a very short
time frame without interruption with the Diamond Club facility operations and scheduled events.
Storm management has blocked the event schedule of the facility to accommodate the project
work.
Fiscal Impact
Diamond Stadium Project (CIP PROJECT #RDAZ20003) is included in the Fiscal Year 18/19–
23/242Capital Improvement Plan (CIP) budget. The contract amount herein is fully funded with
ROPSfunding.
Exhibits
A: Contract between the Successor Agency and Maples and Associates February 26, 2019
(With Attachments)
B: Proposal
SHORT FORM PURCHASE OF SERVICES CONTRACT 1 February 21, 2019
City of Lake Elsinore
SHORT FORM PURCHASE OF SERVICE CONTRACT
Theparties 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
Successor Agency of the Redevelopment Agency of
the City of Lake Elsinore, a public agency(Agency)
and the following named Contractor:
(Name) Maples and Associates
(Street Address) 24977 Washington Street J
(City/State/Zip) Murrieta, CA 92562 Lake Elsinore Ca 92530
(Telephone) (951) 491-9562
(Email) michael@maplesandassociates.com
(Taxpayer ID #) __________________________
(Agency Business License #) __________________
2. Term: The effective date of this contract is
February 26, 2019and it terminates upon work
completionunless sooner terminated as provided
herein.
3. Contractor’s Obligations:
(a)To the satisfaction of the Agency’s Project
Manager, Contractor shall provide the following
goods and/or services: (Attach extra sheet/s if
necessary)Maples Proposal for Diamond Club
Flooring. See attached.
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 $44,728.46, 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 $44,728.46.
Task Amount
Remove existing flooring in dining area
Install (LARGE Size Tile) approx.:
5,050 s.f.
Price includes applying crack guard to
existing concrete and 6" Black Rubber
cove. Rental Equipment Dumpster 40
yard Price includes floor prep.
Total Amount
$44,728.46
$44,728.46
Signatures: These signatures attest the parties’
agreement hereto:
CONTRACTOR: Maples and Associates.
Signature: ______________________________
Print Name/Title: __________________________
SUCCESSOR AGENCYOF THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE,
a public agency:
By: ___________________________________
Executive Director
By: ___________________________________
Executive Director
Approved asto form:
By: ___________________________________
AgencyCounsel
Approved as to content/Insurance:
By: ___________________________________
AgencyPurchasing Agent/Risk Manager
ATTEST:
AgencySecretary
SHORT FORM PURCHASE OF SERVICES CONTRACT 2 February 21, 2019
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 Agencyas 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 Agency. 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 Agencyor Contractor may cancel this Contract at any timeupon
giving the other party five (5) calendar days' written notice of such cancellation. In the
event of cancellation, the Agencyshall 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 Agencybe 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 Agency.
4.Indemnity. Contractor shall indemnify, defend and hold the Agencyharmless 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 shallnot discriminateagainstany employee orapplicant
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 complywith 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 Agency, 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 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
SHORT FORM PURCHASE OF SERVICES CONTRACT 3 February 21, 2019
City of Lake Elsinore
($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 thisAgreement 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 contractualliability by amending the definition of
"incidental contract" to include any written contract.
7.1.5 The Agency, 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 Agencywill 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
Agency. In the event Contractor is self-insured, it shall furnish the Agencywith 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 Agency, the
Agencymay retain out of 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 Agencyis 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 Agency, and its officers,
agents, and employees, so that other insurance policies held by or for them or
the Agency’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.
SHORT FORM PURCHASE OF SERVICES CONTRACT 4 February 21, 2019
City of Lake Elsinore
8.4.1 Upon notification of receipt by the Agencyof a notice of cancellation,
major change in coverage or expiration, Contractor shall file with the
Agencya 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 Agencythat the required insurance has been
restored to full force and effect and that the premiums therefore have
been paidfor a period satisfactory to the Agency. Any failure to maintain
the required insurance will be sufficient cause for Agencyto immediately
terminate the Contract.
8.Payment of Prevailing Wages.
Contractorisawareoftherequirementsof CaliforniaLaborCodeSection1720,et
seq.,and1770,etseq.,aswellasCalifornia CodeofRegulations,Title8,Section
1600,etseq.,(“PrevailingWageLaws”),which require the payment of prevailing wage
rates and the performance of other requirementson“PublicWorks”and“Maintenance”
projects. Iftheservicesarebeing performedaspartofanapplicable“PublicWorks”or
“Maintenance”project,asdefined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Contractoragreestofullycomplywithsuch
PrevailingWageLaws. Contractorshall determinetheapplicableprevailingratesand
makecopiesoftheprevailingratesofper diemwagesforeachcraft,classification
ortypeofworkerneededtoexecutethe servicesavailabletointerestedparties
uponrequest andshallpostcopiesatthe Contractor’sprincipalplaceofbusiness
andattheprojectsite. Contractorshalldefend, indemnifyandholdtheAgency,its
electedofficials,officers,employeesandagentsfree andharmlessfromanyclaimor
liabilityarisingoutofanyfailureorallegedfailureto complywith the PrevailingWage
Laws. The provisionsofthis Sectionmay be waivedin if inapplicable to the services
provided hereunder.
Proposal
Proposal Date:2/14/2019
Number:01312023
Client:
Successor Agency of City of Lake Elsinore
130 South Main Street
Lake Elsinore, Ca 92530
Job Location
Diamond Club LARGE Tile Floor
500 Diamond Drive
Lake Elsinore, CA 92535
REP Mike
Project:02142019A Diamond Club LARGE Tile Floor
Total
24977 Washington Avenue, Suite J
Murrieta, CA 92562
951-491-9562
Item Description Total
Labor Remove existing flooring in dinning area 6,766.96
Labor Install (LARGE Size Tile) approx: 5,050 s.f.
Price includes applying crack guard to existing concrete and 6" Black Rubber
cove.
37,246.50
0.00
Rental EquipmentDumpster 40 yard, All equipment for demo and flooring prep and installation.715.00
Price includes floor prep.
$44,728.46