AGENDA
ITEM
2 AGENDA STAFF REPORT
CALEXICO
DATE: November 22, 2022
TO: Mayor and City Council
APPROVED BY:
REVIEWED BY: Sandra L. Fonseca, Interim Finance Director PREPARED BY: Lilana Falomi, Public Works Manager - Administrative Helen SUBJECT: Award the Bid Proposal from A & N Quality Builders, Inc. in the amount of $178,000.00, Authorize City Manager to Sign Construction Agreement in the amount of $178,000.00 for the Reconstruction of Restrooms at Enrique Camarena Memorial Library and Authorize City Manager to Sign up to 10%
Contingency ($17,800.00) for Administrative Expenses.
Recommendation:
It is recommended that the City Council approve the following items:
1. Award the Bid Proposal from A& N Quality Builders, Inc. in the amount of $178,000.00
2. Authorize City Manager to Sign Construction Agreement in the amount of $178,000.00 for the Reconstruction of Restrooms at Enrique Camarena Memorial Library
3. Authorize City Manager to Sign up to 10% Contingency ($17,800.00) for Administrative Expenses.
Background:
On August 30, 2022, while City staff was removing and replacing the drywall at Enrique Camarena Memorial Library public restrooms due to water leak, City staff found the presence of mold. Immediately after the Library was closed in order to prevent mold exposure and City staff began requesting price quote for mold remediation.
On September 21, 2022 via Purchase Order No. 6071, City staff hired AGENDA JP3 Restoration to perform mold remediation at the Library. On ITEM September 28, 2022, American Environmental Group performed a post-mold remediation assessment inspection and found that the remediation activities performed by JP3 Restoration were successful. 2 Calexico would be the co-applicant. In addition, the City would need to procure a construction contractor to perform the work. The City went ahead and submitted a grant application for Rockwood Avenue (Downtown) Promenade between 1st Street and 2nd Street. The project will consist of implementation of a Quick Build to test out temporary improvements along Rockwood Avenue between 1st Street and 2nd Street to make it safer and more enjoyable to walk. Improvements will include improved crosswalks and a promenade to increase space for pedestrians on the corridor.
In 2021, SCAG awarded an architectural and engineering consultant agreement to KOA Corporation for our Rockwood Roll-Out Project. Since Dec. 2021 to present the following items have been completed:
• Formation of Community and Technical Advisory Committee • Data collection and existing condition analysis
• Three (3) out of seven (7) community touch points
• Monthly meeting with KOA, City, Bloomberg and Calexico Arts Council, Inc. • 100% of the plans for Rockwood Roll-Out Project
Discussion & Analysis:
On November 17, 2022, during public comments several downtown business owners and merchants requested that the City Council reconsider the closure of Rockwood Avenue between 1st Street and 2nd Street. City staff is recommending that the City Council approve one (1) of the following options:
1. Keep Rockwood Avenue between 1st Street and 2nd Street open and reimburse all costs associated with said $250,000 grant to Southern California Association of Governments (SCAG) and $25,000 Bloomberg Philanthropies Asphalt Art Initiative Program. The City has incurred expenses for said project; therefore the City will need to absorb any related cost and return the funding to appropriate agencies. In this case, SCAG and Bloomberg Philanthropies.
2. Close Rockwood Avenue between 1st Street and 2nd Street only on weekends.
City will need to discuss this option with SCAG and Bloomberg Philanthropies Asphalt Art Initiative Program due to change in scope of work.
3. Continue with the closure of Rockwood Avenue between 1st Street and 2nd Street (this option will include one-lane for traffic for loading and uploading).
Continue with the closure of Rockwood Avenue between 1st Street and 2nd Street for a period of six (6) months.
In Attachment No. 1, City Council will find the list of milestones and upcoming events for said project for reference.
Fiscal Impact:
Unknown at this time, fiscal impact will be determined once an option has been selected by City Council.
On October 19, 2022, the City Council of the City of Calexico approved the bid documents for Reconstruction of Restrooms at Enrique Camarena Memorial Library and authorized the Public Works Department to send the project out to bid.
Discussion & Analysis:
On November 15, 2022, the Office of the City Clerk received one (1) bid:
# Company Total
1 A & N Quality Builders, Inc. $178,000.00
After carefully reviewing A & N Quality Builders, Inc. bid documentation, Public Works Staff has found that they meet all required guidelines and are the only responsible bidder.
For this reason, Public Works Staff is requesting City Council authorization to award the bid proposal and authorize the City Manager to sign an agreement with A & N Quality Builders, Inc.
Fiscal Impact:
Capital Improvement Program Budgeted Item for FY 2022-2023 ARPA Fund No. 255-91-912-56000-000 $195,800.00
Total $195,800.00
Coordinated With:
City Manager's Office.
Finance Department.
Public Works Department.
Library Department.
Office of the City Clerk.
Attachments):
1. Bid Tabulation Sheet.
2. A&N Quality Builders Bid Proposal.
3. A&N Quality Builders Construction Agreement.
CITY OF CALEXICO
OFFICE OF THE CITY CLERK
BID TABULATION
Bid: Reconstruction of Restrooms at Enrique Camarena Memorial Library Dept.: Public Works
Date: November 15, 2022
Time: 2:00p.m.
Location: Council Chambers, City Hall, 608 Heber Avenue, Calexico, CA
COMPANY TOTAL
A +N Qualif Builders ฿178,000°
11/15/2022
Veronica Luna, Executive Assistant to the City Manager Date furnishing specifications to the City for review and approval prior to purchasing the item.
REMOVE AND REPLACE PLUMBING
The Contractor shall bring the plumbing to current California Building Code and obtain the necessary permits at the City of Calexico Planning and Building Department.
6. REMOVE AND REPLACE ELECTRICAL OUTLETS
The Contractor shall bring electrical outlets to current California Building Code and obtain the necessary permits at the City of Calexico Planning and Building Department.
7. REMOVE AND REPLACE LIGHT FIXTURES
The Contractor shall remove and replace light fixtures to bring them up to current California Building Code and obtain the necessary permits at the City of Calexico Planning and Building Department.
8. PAINT RESTROOMS
The Contractor shall paint the ceiling and walls with semi-gloss paint and provide the City with two (2) color choices for review and approval.
All improvements must comply with American Disability Act (ADA) requirements.
END OF SECTION
BID SCHEDULE
ITEM A: Cost for mobilization, demolition and hauling of construction and material waste excluding Items B, C and D the lump sum of
Fifteen thousand dollars and no cents _Dollars $ 15,000.00 ITEM B: Cost of obtaining all the necessary permits and fees required by the City of Calexico Building/Planning Department and/or County agencies but excluding Items A, C and D the lump sum of
Two thousand dollars and no cents Dollars $ 2,000.00
For all labor, materials, and equipment for Reconstruction of Female Restroom, including all demolition, civil, structural, mechanical, electrical, instrumentation, base bid items and appurtenances as shown and specified but excluding Items A, B and D the lump sum of Eighty thousand five hundred dollars and no cents Dollars $ 80,500.00 44 ITEM D: For all labor, materials, and equipment for Reconstruction of Male Restroom, including all demolition, civil, structural, mechanical, electrical, instrumentation, base bid items and appurtenances as shown and specified but excluding Items A, B and C the lump sum of Eighty thousand five hundred dollars and no cents _Dollars $ 80,500.00
TOTAL AMOUNT OF BID
Sums of Items A, B, C and D for the amount of.
One hundred seventy-eight thousand dollars and no cents _Dollars $ 178,000.00
1.00 - The undersigned hereby acknowledges the receipt of the following addendum:
None X _ No. 1_ -___; No. 2. ; No. 3. -; No. 4 ; No. 5
2.00 - The undersign hereby certifies that this proposal/bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation.
3.00 - The undersigned hereby accepts on the behalf of his firm all provisions and requirements of the contract documents, including but not limited to those related to time of completion and liquidated damages.
4.00 - The undersigned hereby certifies that they are authorized representative of the firm on whose behalf this proposal/bid is submitted and that they are acting at the direction and with the required approval of said firm, which is identified as follows:
Name of firm: A & N Quality Builders, Inc.
Address of firm: 998 Industry way El Centro, CA 92243
Telephone number: (760) 337-9488 Fax number: (760) 337-9154 Contractor's license number: 1001206 Type: B. C-8.
Signed: _Date: 11/15/2022
END OF PROPOSAL/BID FORM
45 üca CONTRACTORS
STATE LICENSE BOARD
ACTIVE LICENSE
were cre 1001206 Em CORP
come A & N QUALITY BUILDERS INC
emenon 02/28/2023 www.cslb.ca.gov
Contractor Information Registration History
Legal Bail N QUALITY BUILDERS, INC. Effective Expiration Date Date
Legal Entity Type 06/15/18 06/30/19
Corporation
06/01/17 06/30/18
Status
Active 06/09/16 06/30/17
Registration Number 06/30/15 06/30/16
1000012584 02/27/15 06/30/15
Registration effective date 07/01/19 06/30/22
07/01/22
07/01/22 06/30/25
Registration expiration date
06/30/25
Mailing Address
998 INDUSTRY WAY EL CENTRO 92243 CA United States of America Physical Address
998 INDUSTRY WAY EL CENTRO 92243 CA United States of America Email Address
[email protected]
Trade Name/DBA
License Number (s)
CSLB:1001206
CSLB:1001206
CONSTRUCTION AGREEMENT
CITY OF CALEXICO, CALIFORNIA
THIS AGREEMENT is made this 22°d day of November, 2022, by and between the City of Calexico, a Municipal Corporation of the State of California ('City") and A & N Quality Builders, Inc. ("'Contractor"). The City and the CONTRACTOR for consideration stated herein agree as follows:
1. Description of Project
CONTRACTOR shall provide for the Reconstruction of Restrooms at Enrique Camarena Memorial Library in accordance with the Invitation for Bids.
2. Description of Work
2.1 CONTRACTOR shall furnish all of the labor, tools, equipment, and services required to perform all of the work in connection with the construction of Street Improvement Project in accordance with the invitation for Bids, incorporated by reference as though fully set herein. Said construction shall be in accordance with the 2010 California Department of Transportation Standard Plans, Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, and the General Prevailing Wage rates dated 2022. Said invitation for bids, Standard Plans, Standard Specifications, Labor Surcharge and Equipment Rental Rates, and General Prevailing Wage Rates are as fully a part of the Agreement as if hereto attached or herein repeated.
2.2 The work to be performed under this Agreement shall conform to the plans entitled "Reconstruction of Restrooms at Enrique Camarena Memorial Library", incorporated herein as fully a part of this Agreement as if hereto attached or herein repeated.
3. Time for Completion
The work shall be commenced on the date stated in Notice to Proceed, and shall be completed within the allotted working days after the date stated in such Notice.
4. Compensation
4.1 City will pay the CONTRACTOR for the performance of this Agreement according to the terms and conditions contained in the Project's Invitation for Bids and Proposal or bid submittal by CONTRACTOR. CONTRACTOR will take full payment in accordance with the following item prices incorporated as part of the proposal or bid submitted by CONTRACTOR.
4.2 CONTRACTOR agrees to receive and accept said compensation as full payment for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by CITY and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work in the manner and according to the plans and specification, and the requirements of the CITY Engineer. This provision in no way limits the CONTRACTOR's duties under other provisions herein.
49 5. Industry Standards
The CONTRACTOR agrees that is performance, and that of its employees or subcontractors, under this Agreement shall be performed in accordance with the standards customarily adhered to by an experienced and competent contractor using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field in the State of California. Where approval by the CITY, the CITY Manager, or other representatives of the CITY is required, it is understood to be general approval only and does not relieve the CONTRACTOR of responsibility for complying with all applicable laws, codes and quality construction and business practices.
6. Insurance
The CONTRACTOR shall not begin performing under this Agreement until it has: (a) obtained insurance certificates reflecting evidence of all insurance required herein; however, the CITY reserves the right to request, and the CONTRACTOR shall submit, copies of any policy upon reasonable request by the CITY; (b) obtained CITY approval of each company or companies as required herein; and (c) confirmed that all policies contain the specific provisions required herein.
Further the CONTRACTOR shall not modify any policy or endorsement thereto which increases the CITY'S exposure to loss for the duration of this Agreement.
6.1 Types of Insurance.
At all times during the term of this Agreement, CONTRACTOR shall maintain insurance coverage as follows:
6.1.1 Commercial General Liability
For all of the CONTRACTOR's operations, including contractual, broad form property damage, completed operations, and independent CONTRACTOR's liability, the CONTRACTOR shall keep in full force and effect, during any and all work on this Project, all applicable insurance to cover personal injury, bodily injury and property damage, providing coverage to a combined single limit of $1,000,000 per occurrence, subject to an annual aggregate of $2,000,000 for general liability, completed operations and personal injury other than bodily injury. Agreementual liability shall include coverage of tort liability of another party to pay for bodily injury or property damage to a third person or organization. Agreementual liability limitation endorsement is not acceptable.
6.1.2 Commercial Automobile Liability
For all the CONTRACTOR's automobiles including owned, hired and non-owned automobiles, the CONTRACTOR shall keep in full force and effect, automobile insurance for bodily injury and property damage providing coverage to a combined single limit of $1,000,000 per occurrence.
Insurance certificate shall reflect coverage for any automobile [any auto]. The CITY shall be named as an additional insured, but only for liability arising out of the use of CONTRACTOR's automobiles and only arising out of the performance of this Agreement.
6.1.3 Worker's Compensation
50 For all of the CONTRACTOR's employees who are subject to this Agreement and to the extent required by the State of California, the CONTRACTOR shall keep in full force and effect, a workers compensation policy. That policy shall provide a minimum of $1,000,000 of employees liability coverage and the CONTRACTOR shall provide and endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.
6.2 Rating Requirements
All bonds used to guarantee work and performance under this Agreement and all insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that have been at least and "A" or "A." and "V" rating by AM BEST, that are licensed and approved by the State to do business in the State of California, and that have been approved by the CITY.
6.3 Deductibles
All deductibles on any policy shall be the responsibility of the CONTRACTOR.
6.4 Specific Provisions Required
Each policy required under Section 6 herein, shall expressly provide, and an endorsement shall be submitted to the City, that:
6.4.1 Except as to Workers Compensation, the City of Calexico and is respective elected officials, officers, employees, agents, and representatives shall be named as additional insureds. The CITY's Additional Insured status must be reflected on additional insured endorsement which shall be submitted to the CITY.
6.4.2 The policies are primary and any insurance that may be carried by the CITY is non- contributing, as reflected in an endorsement which shall be submitted to the CITY.
6.4.3 The policies cannot be canceled, non renewed or materially changed except after thirty calendar days prior written notice by the CONTRACTOR to the CITY by certified mail, as reflected in an endorsement which shall be submitted to the CITY except for non-payment of premium, in which case ten (10) days notice will be provided.
6.4.4 Before performing under this Agreement, the CONTRACTOR shall provide the CITY with all Certificates of Insurance accompanied with all endorsements.
6.4.5 The CONTRACTOR may obtain additional insurance not required by this Agreement.
7. Agreementor Compliance with Labor Code
CONTRACTOR certifies that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self insurance in accordance with the provisions of that Code, and will comply with such provisions 51 before commencing the performance of the work of this Agreement.
8. Control of Agreement
The improvement contemplated in the performance of this contract is a project over which the City of Calexico shall exercise general supervision. The CITY therefore shall have the right to assume full and direct control over this contract whenever the CITY, at its sole discretion, shall determine that its responsibility to the State of California so requires.
9. Conflicting Terms
If an apparent conflict or inconsistency exists between the main body of this Agreement and the bid, proposal or other incorporated document, the main body of this Agreement shall control. If a conflict exists between applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirements shall control. Each party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
10. Indemnification and Hold Harmless Agreement
10.1 With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees (for attorney of CITY's choosing), or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the CONTRACTOR, or the CONTRACTORS's employees, agents, and officers, arising out of any services performed involving this project, the CONTRACTOR agrees to defend, indemnify, protect, and hold harmless the CITY, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the CITY, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the CONTRCTOR, its employees, agents or officers, or any third party. The CONTRACTOR's duty to defend, indemnity, protect and hold harmless shall not include any claims or liabilities arising from the soles negligence or sole willful misconduct of the CITY, its agent, officers or employees. This section in no way alters, affects or modifies any of CONTRACTOR's other obligations and duties herein.
10.2 The CONTRACTOR agrees to pay any and all costs the CITY incurs enforcing the indemnity and defense provisions herein.
11. Notices
In all cases where written notice is required under this Agreement, service shall be deemed sufficient if the notice is deposited in the United States mail, postage paid. Proper notice shall be effective on the date it is mailed, unless provided otherwise in this Agreement. For the purpose of this Agreement, unless otherwise agreed in writing, notice to the parties herein shall be addressed as follows:
52 CITY CONTRACTOR:
City of Calexico A & N Quality Builders, Inc.
Public Works Department 998 Industry Way
608 Heber Avenue El Centro, CA 92243
Calexico, CA 92231
12. Non-Assignment
The CONTRACTOR shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the CITY's prior written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the CITY. In no event shall any putative assignment create a contractual relationship between the CITY and any putative assignee.
13. Independent Agreementors
The CONTRACTOR and any SUBCONTRCTORS employed by the CONTRACTOR shall be independent contractors and not agents of the CITY.
14. Compliance with Controlling Law
The CONTRACTOR shall comply with all laws, ordinances, regulations, and policies of the federal, state and local governments applicable to this Agreement, including California Labor Code section 1720 relating to the payment of prevailing wages, including inspection and land surveying work.
In addition, the CONTRACTOR shall comply immediately with all directives issues by the CITY or its authorized representatives under authority of any laws, statures, ordinances, rules or regulations.
The laws of the State of California shall govern and control the terms and conditions of this Agreement.
Pursuant to the Labor Code of the State of California, or local laws applicable thereto, the CITY has ascertained that the CONTRACTOR shall be responsible for paying prevailing wages as established by the State of California, Director of Industrial Relations. Under Section 1776 of the State Labor Code, the CONTRACTOR, and all subcontractors, are required to keep accurate payroll records. This Section specifies the content thereof, inspection and duplication procedures, and certain notices required of the CONTRACTOR pertaining to their location.
Whenever the CONTRACTOR or any representative, agent or employee Of CONTRACTOR performing a public works project is found by the Department of Industrial Relations ("DIR") or the CITY to be in violation of the prevailing wage requirements imposed by law, the CONTRACTOR shall indemnify and hold CITY harmless from any and all liability arising from such violation, including any and all liability imposed on the City. The CONTRACTOR's duty to indemnify the CITY pursuant to this section shall include any and all costs and expenses incurred by the CITY therefrom, including but not limited to any penalties imposed on the CITY by DiR or any other state agency and reasonable attorney's fees.
53 Nothing in this section shall be construed to limit, alter or amend the CONTRACTOR's duty to indemnify under any other provisions of this Agreement.
15. Jurisdiction and Venue
The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of the Imperial, State of California.
16. Integration
This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both parties or an amendment to this Agreement agreed to both Parties. All prior negotiations and agreements are merged into this Agreement.
17. Counterparts
This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all parties had executed the same page.
18. No Waiver
No failure of either the CITY or the CONTRACTOR to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach or such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach.
19. Severability
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. 54 IN WITNESS WHEREOF, the parties hereto through their agent duly authorized, have executed this Agreement as of the day and year first above written.
ATTEST:
GABRIELA GARCIA ESPERANZA COLIO WARREN
City Clerk of the City of Calexico City Manager of the City of Calexico
CONTRACTOR
By:_
Signature Date
Printed Name and Title
Licensed in accordance with an act
Providing for the registration of contractors,
License No.
APPROVED AS TO FORM AND EXECUTION
CARLOS CAMPOS Date
City Attorney
END OF CONSTRUCTION AGREEMENT