HomeMy WebLinkAboutItem No. 14 - Public Works Construction Agreement with Cotter Construction, Inc. for the Insta14)Public Works Construction Agreement with Cotter Construction, Inc. for the
Installation of Monuments & Baseballs at Lake Elsinore Diamond Stadium
Approve and authorize the Executive Director to execute a Public Works Construction
Agreement Cotter Construction, Inc. in an amount not to exceed $72,500.00 for the
Installation of Monuments & Baseballs in such final form as approved by the Agency
Attorney; authorize the Executive Director to execute change orders not to exceed the 10%
contingency amount of $7,250.00; and authorize the Agency Secretary to record the Notice
of Completion once the work is completed.
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REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE
To:Honorable Chair and Members of the Successor Agency
From:Jason Simpson, Executive Director
Prepared by:Rick De Santiago, Public Works Manager
Date:January 28, 2025
Subject:Public Works Construction Agreement with Cotter Construction, Inc. for the
Installation of Monuments & Baseballs at Lake Elsinore Diamond Stadium
Recommendation
Approve and authorize the Executive Director to execute a Public Works Construction Agreement
Cotter Construction, Inc. in an amount not to exceed $72,500.00 for the Installation of Monuments
& Baseballs in such final form as approved by the Agency Attorney; authorize the Executive
Director to execute change orders not to exceed the 10% contingency amount of $7,250.00; and
authorize the Agency Secretary to record the Notice of Completion once the work is completed.
Background
The Successor Agency purchased two (2) monument signs and twelve (12) concrete baseball
bollards. The two (2) monuments will be installed at the intersections of Diamond Drive and Pete
Lehr and Diamond Drive and Malaga. The twelve (12) concrete baseball bollards will be installed
along the main entrance of the Lake Elsinore Diamond Stadium.
The installation of the monuments and concrete baseball bollards will enhance the aesthetic
appearance and provide a sense of identity to the intersections and the Lake Elsinore Diamond
Stadium entrance.
Agreement with Cotter Construction
Page 2 of 2
Discussion
On December 4, 2024, the request for proposal was posted on PlanetBids for the installation of
monuments and baseballs at Lake Elsinore Diamond Stadium. Six (6) submittals were received
for the installation of monuments and baseballs at Lake Elsinore Diamond Stadium on or before
the deadline of January 6, 2025. The amounts of each proposal are listed below:
Name of Company Amount
Cotter Construction $72,500.00
NoLimit Construction $85,000.00
ACE Capital Engineering $109,230.61
CO Brothers LLC $139,000.00
Wheeler Paving, Inc.$220,603.00
JRH Construction, Inc.$226,000.00
Cotter Construction has provided the lowest bid at $72,500.00 and is prepared to start work on
the installation of monuments and baseballs at Lake Elsinore Diamond Stadium immediately
following the award of the contract.
Fiscal Impact
Funds are available in the FY24-25 ROPS budget.
Attachments
Attachment 1 - Agreement
Exhibit A - Bid Packet
Public Works
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Agreement No. __________
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Cotter Construction, Inc.
For the
Installation of Monuments
& Baseballs at Lake
Elsinore Diamond Stadium
CIP PROJECT NO. RDA Z20003
This Agreement for Public Works Construction (“Agreement”) is made and entered into as
of January 28, 2025 by and between the Successor Agency of the Redevelopment Agency of the
City of Lake Elsinore, a public body, corporate and politic established pursuant to Section 34173 of
the Health and Safety Code (“Agency”) and Cotter Construction, Inc. (“Contractor”).
The Agency 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:
Installation of Monuments & Baseballs at Lake Elsinore Diamond Stadium (the “Project”)
2.Compensation.
a.For and in consideration of the payments and agreements to be made
and performed by Agency, 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 Seventy-Two Thousand Five
Hundred ($72,500.00).
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b.Agency 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 and complete all work within 45 working days from
the date of commencement specified in the Notice to Proceed, 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 Agency, 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 Agency 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.Agency 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
Agency and that, it is and will be impracticable or extremely difficult to ascertain and
determine the actual amount of damages the Agency 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 $1,000.00 per calendar day, and that the Contractor will pay to the Agency, or Agency
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.
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4.Changes to Work. Agency and Contractor agree that the Agency 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 Agency and will not be a basis
for a compensable delay claim against the Agency nor be the basis for a liquidated damage
claim against the Contractor.
Any change to the work shall be by way of a written instrument (“change order”) signed
by the Agency 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 City Engineer is authorized to sign any change order provided that sufficient
contingency funds are available in the Agency’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. Agency 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 Agency 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 Agency.
7.Licenses. Contractor represents and warrants to Agency 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, and holds such
other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are
legally required of Contractor. Contractor represents and warrants to Agency 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 Agency and
its officials, officers, employees, agents, the County and Board Supervisors, 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 Agency or the City of Lake Elsinore 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
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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 Agency 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 Agency’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 Agency at least thirty (30)
days prior to such change. The insurer shall agree to waive all rights of subrogation
against Agency and the City of Lake Elsinore, its officers, agents, employees and
volunteers for losses arising from work performed by Contractor for Agency. 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 Agency a Certificate of Exemption from Workers
Compensation Insurance in a form approved by the Agency Attorney.
ii.Commercial 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.
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iv.Builder’s Risk Coverage. Prior to the commencement of any
construction of the Project, Design-Builder shall obtain (or cause to be obtained) and
keep in force during the term of any construction, builder’s risk insurance insuring for all
risks of physical loss of or damage (excluding the perils of earthquake and flood).
v.Professional Liability Coverage. 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 commercial 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 Agency and the City of Lake Elsinore, 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
Agency and the City of Lake Elsinore, its elected or appointed officers, officials,
employees, agents and volunteers. Any insurance maintained by the Agency and the
City of Lake Elsinore, including any self-insured retention the Agency and the City of Lake
Elsinore 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 Agency
and the City of Lake Elsinore, 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 Agency and the City of Lake Elsinore, 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 Agency.
c.Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Agency. At the Agency’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 Agency as evidence of the insurance coverage
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required herein. Certificates of such insurance shall be filed with the Agency on or before
commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
Agency 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 Agency: Successor Agency of the Redevelopment Agency of the
City of Lake Elsinore
Attn: Executive Director
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor:Cotter Construction, Inc.
Attn: Andrew Cotter
29903 Gulf Stream Dr.
Canyon Lake, CA 92587
11.Entire Agreement. This Agreement constitutes the complete and exclusive
statement of agreement between the Agency 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 Agency and approved as to form by the Agency
Attorney.
13.Assignment and Subcontracting. Contractor shall be fully responsible to Agency
for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for
obligations of the Contractor under this Agreement will be permitted only with the express
consent of the Agency. Nothing in this Agreement shall create any contractual relationship
between Agency and any subcontractor nor shall it create any obligation on the part of the
Agency 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
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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.
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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
Executive Director is authorized to enter into an amendment or otherwise take action on behalf of
the Agency 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 City Engineer shall act as the Project administrator on behalf of
the Agency.
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, Agency shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of Agency, during the term of his
or her service with Agency, 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.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 Agency Clerk of the City
of Lake Elsinore and are available for review upon request.
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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]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date
first written above.
“AGENCY”
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE, a public
body, corporate and politic established
pursuant to Section 34173 of the Health
and Safety Code
“CONTRACTOR”
Cotter Construction, Inc., a Corporation
Executive Director
ATTEST:
By: Andrew Cotter
Its: Owner
Agency Clerk
APPROVED AS TO FORM:
By:Click or tap here to enter text.
Its:Click or tap here to enter text.
Agency Attorney
Assistant Executive Director
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
City of Lake Elsinore
Installation of Monuments & Baseballs at Lake Elsinore Diamond Stadium, bidding on 01/06/2025 2:00 PM (PST)
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City of Lake Elsinore
Installation of Monuments & Baseballs at Lake Elsinore Diamond Stadium, bidding on 01/06/2025 2:00 PM (PST)
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City of Lake Elsinore
Installation of Monuments & Baseballs at Lake Elsinore Diamond Stadium, bidding on 01/06/2025 2:00 PM (PST)
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City of Lake Elsinore
Installation of Monuments & Baseballs at Lake Elsinore Diamond Stadium, bidding on 01/06/2025 2:00 PM (PST)
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