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HomeMy WebLinkAboutItem No. 21 - Amend No. 1 On-Call CSA SA Minor Construc & Maint Ops21)Amendment No. 1 to On-call and Construction Contractor Services Agreements in Support of Successor Agency of the Redevelopment Agency of the Agency of Lake Elsinore Minor Construction and Maintenance Operations Approve and authorize the Executive Director to execute Amendment No. 1 to the On-Call Minor Construction Contractor Services Agreements with Endresen Development, Inc. in the amount of $150,000, Cotter Construction in the amount of $250,000, and Unique Builders of California, Inc. in the amount of $285,000 in the forms attached and in such final form as approved by Agency Counsel. Page 1 of 3 REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE AGENCY OF LAKE ELSINORE To:Honorable Chair and Members of the Successor Agency From:Jason Simpson, Executive Director Prepared by:Shannon Buckley, Assistant Executive Director Date:February 13, 2024 Subject:Amendment No. 1 to On-call and Construction Contractor Services Agreements in Support of Successor Agency of the Redevelopment Agency of the Agency of Lake Elsinore Minor Construction and Maintenance Operations Recommendation Approve and authorize the Executive Director to execute Amendment No. 1 to the On-Call Minor Construction Contractor Services Agreements with Endresen Development, Inc. in the amount of $150,000, Cotter Construction in the amount of $250,000, and Unique Builders of California, Inc. in the amount of $285,000 in the forms attached and in such final form as approved by Agency Counsel. Background On-call contracts allow the Agency to mobilize maintenance and construction services quickly and easily under pre-negotiated terms and conditions. The Agency may require services due to an urgent matter, or because the Agency is required to comply with certain enforceable obligations and is unable to provide or perform those services internally. The benefits of having an on-call contract in place include: Wide span of technical expertise Resource availability and flexibility Commitments as needed for services Accelerated procurement and authorization Independent and objective assessments and proposals Validation of resolution-oriented actions 1st Amendment to On-Call Agreements Page 2 of 3 The on-call and minor construction services are an important resource to make essential repairs to the Lake Elsinore Diamond Stadium consistent with applicable agreements and to efficiently construct low-cost minor projects. Staff solicited proposals for time and material of minor construction contractor services. Utilizing the submittals from these contractors’ additional agreements are needed to sustain these important services. All of these have provided essential contractor services in accordance with the agreement scope of work which includes but is not limited to the below maintenance/minor construction and repair trade areas commonly utilized by the Agency and listed below: Discussion These on-call contractors will perform a wide variety of on-call repair and minor construction work. All assigned work will be proposed in writing, reviewed, and negotiated by Staff, and approved prior to execution. Several of these contractors have performed as both contractors and sub- contractors on several Agency projects at the Diamond Stadium and various City projects including Rosetta Canyon Sports Park, Launch Pointe RV Resort, City Hall, The Neighborhood Community Center, Camino Del Norte, and The Anchor. These amendments are needed to ensure continued on-call and minor construction contractor support is in place for immediate operational demands and minor construction projects. The anticipation of emergency on-call services is high considering the projected wet winter storm year. Following the approval of this agenda item work and execution of the 1st amendments will be immediately available to the Agency. Staff has reviewed and verified that the contractors have valid licenses. A review of the contractor’s references and General and Auto Liability Insurance and Workers’ Compensation Insurance will be in place naming the Agency as additional insured. Fiscal Impact Funds are budgeted in the Fiscal Year 2023/24 budget. 1st Amendment to On-Call Agreements Page 3 of 3 Attachments Attachment 1 – Endresen Development Inc. 1st Amendment Exhibit A – Endresen Proposal Exhibit B – Endresen Development & SA Original Agreement from 01-24-2023 Attachment 2 – Cotter Construction Inc. 1st Amendment Exhibit A – Cotter Proposal Exhibit B – Cotter Construction & SA Original Agreement from 01-24-2023 Attachment 3 – Unique Builders of California, Inc. 1st Amendment Exhibit A – Unique Builders of California, Inc Proposal Exhibit B – Unique Builders of California, Inc & SA Original Agreement from 01-24-2023 AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL SERVICES Endresen Development, Inc. This Amendment No. 1 to Agreement for On-Call Services is made and entered into as of 2/13/2024, by and between the Successor Agency of the Redevelopment Agency of the Agency of Lake Elsinore, a municipal corporation (“Agency), and Endresen Development, Inc., a (“Contractor”). RECITALS A. The Agency and Contractor have entered into that certain Agreement for on-call services dated as of 1/24/2023, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount of two hundred seventy five thousand dollars and no cents ($275,000.00). C. The Original Agreement had a term of one year with three one-year renewal options, commencing on 1/24/2023 and ending on 6/30/2024. D. The parties now desire to amend the agreement and increase the payment for such services as set forth in this Amendment No. 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, Agency and Contractor agree as follows: 1. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed four hundred twenty-five thousand dollars ($425,000.00) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 2.Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. “AGENCY” AGENCY OF LAKE ELSINORE, a municipal corporation “CONTRACTOR” Endresen Development, Inc. Agency Executive Director Date: Josh Endresen, Owner Date: __ ATTEST: Agency Clerk APPROVED AS TO FORM: Agency Attorney Assistant Agency Manager Attachments: Exhibit A – Endresen Proposal EXHIBIT A CONTRACTOR’S PROPOSAL [ATTACHED] Attachment “A” AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL SERVICES Cotter Construction Inc. This Amendment No. 1 to Agreement for On-Call Services is made and entered into as of 2/13/2024, by and between the Successor Agency of the Redevelopment Agency of the Agency of Lake Elsinore, a municipal corporation (“Agency), and Cotter Construction Inc., a (“Contractor”). RECITALS A. The Agency and Contractor have entered into that certain Agreement for on call services dated as of 1/24/2023, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount of fifty thousand dollars and no cents ($50,000.00). C. The Original Agreement had a term of one year with three one-year renewal options, commencing on 1/24/2023 and ending on 6/30/2024. D. The parties now desire to amend the agreement and increase the payment for such services as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, Agency and Contractor agree as follows: 1. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed three hundred thousand dollars ($300,000.00) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 2.Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. AGENCY OF LAKE ELSINORE, a municipal corporation “CONTRACTOR” Cotter Construction Inc. Agency Executive Director Date: Andrew Cotter, Owner Date: __ ATTEST: Agency Clerk APPROVED AS TO FORM: Agency Attorney Assistant Agency Manager Attachments: Exhibit A – Cotter Proposal “AGENCY” EXHIBIT A CONTRACTOR’S PROPOSAL [ATTACHED] Attachment “A” AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL SERVICES Unique Builders of California Inc. This Amendment No. 1 to Agreement for On-Call Services is made and entered into as of 2/13/2024, by and between the Successor Agency of the Redevelopment Agency of the Agency of Lake Elsinore, a municipal corporation (“Agency), and Unique Builders of California, Inc., a (“Contractor”). RECITALS A. The Agency and Contractor have entered into that certain Agreement for on call services dated as of 1/24/2023, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount of two hundred seventy-five thousand dollars and no cents ($275,000.00). C. The Original Agreement had a term of one year with three one-year renewal options, commencing on 1/24/2023 and ending on 6/30/2024. D. The parties now desire to amend the agreement and increase the payment for such services as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, Agency and Contractor agree as follows: 1. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed five hundred sixty thousand dollars ($560,000.00) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 2.Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. “AGENCY” AGENCY OF LAKE ELSINORE, a municipal corporation “CONTRACTOR” Unique Builders of California, Inc. Agency Executive Director Date: Dave Carter, Owner Date: __ ATTEST: Agency Clerk APPROVED AS TO FORM: Agency Attorney Assistant Agency Manager Attachments: Exhibit A – Unique Builders of California Inc. Proposal EXHIBIT A CONTRACTOR’S PROPOSAL [ATTACHED] Unique Builders of California, Inc.