HomeMy WebLinkAboutCC AG PKT 2011-09-26 #J5
AGENDA STAFF REPORT�� s. -
S �Y.gC�FORN�P .'
DATE: September 26, 2011
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby P.E., Assistant City Manager /Public Works
SUBJECT: LAMPSON AVENUE MEDIAN IMPROVEMENT
PROJECT NO. ST1108
SUMMARY OF REQUEST
It is requested that the City Council adopt Resolution No. 6188 awarding a
contract for the Lampson Avenue Median Project No. ST1108 to All American
Asphalt, Inc. in the amount of $1,131 ,131. (Federal Project No. RPSTPLE 5229 - 012)
BACKGROUND AND ANALYSIS
On September 27, 2010, OCTA approved the Transportation Enhancement 2010
Proposed List of Projects. The City was awarded grant funding for Lampson
Avenue Median Improvement in the amount of $500,000.
At the October 11, 2010 City Council meeting, Council approved plans and
specifications for the Lampson Avenue Median Improvement Project and
authorized staff to solicit for bids. The Lampson Avenue Median Improvement
Project consists of constructing new medians with landscaping, irrigation and
stamped concrete.
In the approved FY 2011 -12 Budget, the Council approved $857,000 for this
project, including $500,000 in grant funding and $357,000 of matching general
funds.
On August 30, 2011, three bids were received with the following results:
RANK I CONTRACTOR
"BASE BID
"ALTERNATIVE BID
DIFFERENCE
1 All American Asphalt
$1,131,131.00
$1,200,131.00
$69,000.00
2 Excel Paving
$1,247,915.00
$1,617,915.00
! $370,000.00
3 Rancho Pacific Engineering
$1,737,404.14
i $1,746,823.93
I $9,419.79
" Construction commencing after January 2012.
Construction commencing after January 2014 to when the West County Connector
Project is estimated to be completed.
Agenda Item J
The Alternative Bid was added to determine the additional cost for delaying the
project to start after the West County Connector Project to minimize the
construction impacts in and around College Park East. The grant requires that
the City award a construction contract by September 30 but does not have a
required completion date. Due to the significant cost increase, staff has
recommended not to proceed with award of the alternative bid, but to award the
lowest base bid and commence after January 2012.
Per the grant, there are two stipulations related to this project:
1. The City must award a construction contract by September 30, 2011.
2. The grant is only $500,000 with no additional grant funds available.
All American Asphalt (AAA) submitted the lowest bid of $1,131,131. AAA has
successfully constructed numerous similar projects throughout Orange County
and is currently constructing a similar median project on Seal Beach Boulevard.
Thus, AAA is the lowest responsible bidder.
Due to the amount of the lowest bid, a shortfall will exist between total project
cost and approved funding. The total project cost with construction, inspection,
testing, contingency and construction management is anticipated to be
$1,357,000, thereby creating a shortfall of approximately $500,000.
Staff's recommendation is to award construction to the lowest responsible bidder
(All American Asphalt). Two other options are present for moving forward with
the project. All three are outlined as follows:
1. AWARD THE CONTRACT
Award the contract to the lowest responsible bidder, AAA at a contract price of
$1,131,131. With all of the construction, inspection, testing, contingency and
construction management, the total estimated cost is $1,357,000. The City is
attempting to secure additional funding from either Caltrans or OCTA. Staff has
already begun the process for requesting for additional funding. If additional
funding is not secured, the City may reduce the scope of the project. Caltrans
has indicated that the City may reduce the scope of the project to fall within the
approved budgeted amount of $857,000 after it awards the contract to the lowest
responsible bidder at the bid amount.
The project may be reduced as follows:
• Reduce the amount of landscaping, utilization of existing irrigation system,
and the amount of soil replacement within the project for the entire project
limits.
• Reduce the linear feet of the project so that the entire project is within the
area between Basswood Avenue and the Arbor Park Entry.
Page 2
2. AWARD CONTRACT AND AMEND (INCREASE) BUDGET
Award the contract to the lowest responsible bidder, AAA at a contract price of
$1,131,131, and adopt a budget amendment to allocate additional City funds to
the project. As noted above, with all of the construction, inspection, testing,
contingency and construction management, the total estimated cost is
$1,357,000. The City can proceed with constructing the entire project per the
approved plans and augment the budget for the project.
In order to proceed with construction, the project's budget will need to be
augmented by approximately $500,000. Potential funding sources for
augmenting the project's budget include Gas Tax, Measure M Turnback (Fair
Share), Traffic Impact Fees, and General Fund. Currently there are no funds
available in Gas Tax and Measure M turnback accounts. The Traffic Impact fees
have a current unappropriated balance of approximately $179,000.
3. DELAY OF PROJECT
The City of Seal Beach can reject all bids and advertise a reduced project. The
California Transportation Commission (CTC) approved the project in March
2011, contingent on the City awarding a contract to a contractor within six
months of the date of approval. It has been difficult to coordinate the
construction of this project with the West County Connectors project, Seal Beach
Boulevard Realignment project, Lampson Avenue Well Projects, and Elder
Avenue Sewer Rehabilitation projects, all under construction at this time. In an
attempt to mitigate the impacts on city residents, staff requested in July an
extension from CTC of the deadline within which to award a contract. The CTC
staff has agreed to place the item on the agenda for their upcoming meeting
scheduled for the end of October 2011. Local Caltrans staff will be
recommending approval of an extension for six months. If approved by the CTC,
the City can assess its options without losing its federal funding. There is
considerable risk to proceeding with this option however. If the City of Seal
Beach rejects all bids and the CTC does not approve the request, the City will
lose the grant for this project. Caltrans staff has indicated that, typically, the CTC
will honor the local entity's request. However, there is no guarantee that the CTC
will honor the request.
ENVIRONMENTAL IMPACT
In that the grant is for federal funds, the City was required to obtain California
Environmental Quality Act (CEQA) and National Environmental Protection Act
(NEPA) compliance. In December 2010, both CEQA and NEPA compliance
documents were approved.
Page 3
LEGAL ANALYSIS
The City Attorney has prepared the draft contract and reviewed the staff report
and approves as to form.
FINANCIAL IMPACT
In the approved FY 2011 -12 Budget the Council approved $857,000 for this
project, including $500,000 of grant funds and $357,000 of general funds
(matching contribution). If the Council adopts Option 2, staff will place a budget
adjustment on a future agenda.
RECOMMENDATION
It is requested that the City Council adopt Resolution No. 6188 awarding a
contract for the Lampson Avenue Median Project No. ST1108 to All American
Asphalt, Inc. in the amount of $1,131,131.
SUBMITTED BY:
Sean P. Crumby, P.E.
Assistant City Manager /Public orks
NOTED AND APPROVED:
I T A. Ingram.•-
Prepared by: Michael Ho, City Engineer
Attachments:
A. Resolution No. 6188
B. Agreement
C. All American Asphalt Bid
Page 4
RESOLUTION NUMBER 6188
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING A CONTRACT FOR CONSTRUCTION OF
LAMPSON AVENUE MEDIAN IMPROVEMENT PROJECT NO.
ST1108
RECITALS
A. In November, 2010, the Orange County Transportation Authority
( "OCTA ") approved the Transportation Enhancement 2010 Proposed
List of Projects and allocated $500,000 to the City of Seal Beach
( "City ") for Lampson Avenue Median Improvement Project No. ST1108
(the 'Project').
B. In reliance upon the grant, the City solicited bids for the Project.
C. All American Asphalt submitted the lowest responsive bid.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. The City Council hereby awards a contract in the amount of
$1,131,131 to All American Asphalt for Lampson Avenue Median Improvement
Project No. ST1108.
Section 2. The Council hereby authorizes and directs the City Manager to
execute the contract for the Lampson Avenue Median Improvement Project No.
ST1108.
Section 3. The Council hereby authorizes and directs the City Manager to
approve, execute and sign the Program Supplemental Agreement between the
California Department of Transportation and the City and to do any and all things
and take any and all actions and execute and deliver any and all agreements
and other documents, which she may deem necessary or advisable for carrying
out the purpose of this Resolution.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 26th day of September. 2011 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
Resolution Number 6188
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6188 on file
in the office of the City Clerk, passed, approved, and adopted by the City Council
at a regular meeting held on the 26th day of September , 2011.
City Clerk
PUBLIC WORKS AGREEMENT
FOR LAMPSON AVENUE MEDIAN IMPROVEMENT PROJECT
CIP NO. ST1108
Federal Project No. RPSTPLE 5229 (012)
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
All American Asphalt
400 E. Sixth Street
P.O. Box 2229
Corona, CA 92878 -2229
THIS AGREEMENT is made and entered into this 26 day of September, 2011, by and
between the City of Seal Beach, a California charter city ( "City "), and All American
Asphalt American Asphalt, a General Contractor ( "Contractor ").
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RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for
the Lampson Avenue Median Improvement Project, CIP No. ST1108 ( "Project ") with
respect to design criteria; and
B. WHEREAS, Contractor has submitted a bid to City for the Project dated
August 30, 2011 in the amount of $1,131,131.00, ( "Accepted Proposal" hereinafter).
The Accepted Proposal is attached hereto as Exhibit G and contains, among other
things, provisions defining the Project scope.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
AGREEMENT
1. Contractor's Services
1.1 Scope and Level of Services For and in consideration of the
mutual promises set forth herein, and subject to the terms and conditions set forth in
this Agreement, Contractor shall perform and complete in good and workmanlike
manner all work ( "Work ") required by this Agreement and the documents listed in
Subsection 1.2 for the Project.
1.2 Contract Documents The "Contract Documents" that comprise the
agreement between the City and the Contractor are the: Notice Inviting Bids,
Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s),
List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification
Statement, Bid Security Forms for Check or Bond, Specifications, General and Special
Provisions and documents referenced therein, all addenda as prepared prior to the date
of bid opening setting forth any modifications or interpretations of any of said
documents, this Agreement, Exhibits attached to this Agreement, including but not
limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers'
Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D),
Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws
(Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any
and all supplemental agreements executed amending or extending the Work
contemplated and that may be required to complete the Work in a substantial and
acceptable manner. These Contract Documents are hereby incorporated into this
Agreement.
1.3 The Work shall be performed in accordance with the Plans,
Specifications and other Contract Documents. Contractor shall furnish at its own
expense all labor, materials, equipment and services necessary therefor, except such
labor, materials, equipment and services as are specified in the Contract Documents to
be furnished by City.
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1.4 In the event of any material discrepancy between the express
provisions of this Agreement and the provisions of the other Contract Documents, the
provisions of this Agreement shall prevail.
2. Effective Date This Agreement is effective as of September 26, 2011 (the
"Effective Date "), and shall remain in full force and effect until Contractor has rendered
the services required by this Agreement or earlier terminated by the City. City shall
have the absolute and sole discretion to terminate this Agreement at any time provided
that City shall pay the Contractor for all work Contractor has satisfactorily performed up
until the date of termination.
3. Force Majeure
3.1 Except as provided below, any prevention, delay or stoppage due
to any of the events included in the definition of Force Majeure set forth in this
paragraph, shall excuse the performance by such Party for a period equal to any such
prevention, delay or stoppage. "Force Majeure" means any act of God, strike, war,
lockout, labor trouble, or inability to secure materials, litigation (other than litigation
initiated by the party claiming the Force Majeure delay), governmental action, or any
other circumstance or event beyond a party's reasonable control. Additionally, as to
City only, the term "Force Majeure" includes (i) any action by the United States of
America (whether the executive branch, legislative branch or otherwise) or by the State
of California (whether by the Governor, the Legislature, or otherwise) that materially
affects City's revenue stream; (ii) any action by the State of California (whether by the
Governor, the Legislature, or otherwise), by Orange County or the Orange County
Transportation Authority that rescinds, disgorges, reduces or otherwise materially
affects the funding for the Project; and (iii) the City's good faith re- allocation of funds,
personnel, or both in response to any Force Majeure event.
3.2 Either Party encountering such Force Majeure delays shall send
written notice thereof to the other Party no later than fifteen (15) days after the
commencement of such Force Majeure delay. If the Party encountering such Force
Majeure delay fails to send notice thereof to the other Party within fifteen (15) days after
the commencement of such delay, then any alleged delay occurring more than fifteen
(15) days prior to the date of such notice shall not be deemed to extend any time for
performance set forth herein.
4. Payment For performing and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the
amount of $1,131,131.00, subject to any additions and deletions pursuant to the terms
of the Contract Documents. Said sum shall constitute payment in full for all work
performed hereunder, including, without limitation, all labor, materials, equipment, tools
and services used or incorporated in the Work, supervision, administration, overhead,
expenses and any and all other things required, furnished or incurred for completion of
the Work as specified in the Contract Documents. City shall make payments to
Contractor on account of the contract sum at the time, in the manner, and upon the
conditions specified in the Contract Documents.
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5. Contractor's Personnel
5.1 All Work shall be performed by Contractor or under Contractor's
direct supervision, and all personnel shall possess the qualifications, permits, and
licenses required by state and local law and by the Notice Inviting Bids /Instructions to
Bidders to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code.
5.2 Contractor shall be responsible for payment of all employees'
wages and benefits, and shall comply with all requirements pertaining to employer's
liability, workers' compensation, unemployment insurance, and Social Security.
Contractor shall fully comply with the workers' compensation law regarding Contractor
and Contractor's employees.
5.3 Contractor shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents serving as
independent contractors in the role of city officials, from any and all liabilities, damages,
claims, costs and expenses of any nature to the extent arising from Contractor's alleged
violations of personnel practices.
5.4 Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its
agents shall have control over the conduct of Contractor or any of Contractor's
employees, except as set forth in this Agreement. Contractor shall not, at any time, or
in any manner, represent that it or any of its officers, agents, or employees are in any
manner employees of City. Contractor shall pay all required taxes on amounts paid to
Contractor under this Agreement, and indemnify and hold City harmless from any and
all taxes, assessments, penalties, and interest asserted against City by reason of the
work performed pursuant to this Agreement.
5.5 City shall have the right to offset against the amount of any fees
due to Contractor under this Agreement any amount due to City from Contractor as a
result of Contractor's failure to promptly pay to City any reimbursement or
indemnification arising under this Section 4.
6. Indemnification
6.1 Contractor's Duty Contractor shall defend, indemnify, and hold the
City, its elected officials, officers, employees, volunteers, agents, and those City agents
serving as independent contractors in the role of City officials (collectively
"Indemnitees ") free and harmless from and against any and all claims (including, without
limitation, claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a "Claim," collectively, "Claims "), in any manner arising out of or incident to the
performance of the Agreement, including without limitation, the payment of all
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consequential damages and attorneys' fees and other related costs and expenses.
Further, Contractor shall appoint competent defense counsel, at Contractor's own cost,
expense and risk, to defend any and all such suits, actions or other legal proceedings of
every kind arising out of or incident to the performance of the Agreement that may be
brought or instituted against Indemnitees. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City or the other Indemnitees
in any such suit, action, or other legal proceeding arising out of or incident to the
performance of the Agreement. Contractor shall reimburse the City and the other
Indemnitees, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Contractor or Indemnitees. This indemnity shall apply to all Claims and liability
regardless of whether any insurance policies are applicable.
6.2 Bid Protests In addition to its obligations pursuant to Section 5. 1,
Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in
connection with, arising out of or incident to any bid protest.
6.3 City's Sole Negligence Nothing in Section 5.1 shall be construed
to require Contractor to indemnify Indemnities for that portion of any Claim to the extent
arising from the sole negligence or willful misconduct of the Indemnities.
6.4 Nonwaiver of Rights Indemnitees do not, and shall not, waive any
rights that they may possess against Contractor because of the acceptance by City, or
the deposit with City, of any insurance policy or certificate required pursuant to this
Agreement.
6.5 Waiver of Right of Subrogation Contractor, on behalf of itself and
all parties claiming under or through it, hereby waives all rights of subrogation against
the Indemnitees, while acting within the scope of their duties, from all claims, losses,
and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor.
6.6 Survival The provisions of this Section 5 shall survive the
termination of the Agreement and are in addition to any other rights or remedies that
Indemnitees may have under the law. Payment is not required as a condition precedent
to an Indemnitee's right to recover under this indemnity provision, and an entry of
judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to
recover under this indemnity provision.
7. Insurance
7.1 Liability Insurance Contractor shall procure and maintain in full
force and effect for the duration of this Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Contractor, and its agents, representatives,
employees and subcontractors. The policy limits set forth below do not act as a
limitation upon the amount of indemnification to be provided by Contractor. Contractor
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shall complete and execute the following documents attached as Exhibits. hereto and
incorporated herein by this reference:
7.1.1 Exhibit D -1:
Commercial General Liability.
Additional Insured Endorsement -
7.1.2 Exhibit D -2
Automobile Liability.
Additional Insured Endorsement -
7.1.3 Exhibit D -3: Additional Insured Endorsement.
7.2 Minimum Scope of Insurance Unless otherwise approved by City,
coverage shall be at least as broad as:
7.2.1 Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
7.2.2 Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
7.2.3 Insurance Services Office form number CG 20 10 11 85
(Ed. 11/85) covering Additional Insured — Owners, Lessees or Contactors (Form B).
7.2.4 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
7.3 Minimum Limits of Insurance Contractor shall maintain limits no
less than:
7.3.1 General Liability $2,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit shall apply separately to
this Agreement or the general limit shall be twice the required occurrence limit.
7.3.2 Automobile Liability $2,000,000 per occurrence for bodily
injury and property damage.
7.3.3 Employer's Liability $1,000,000 per occurrence and in
the aggregate for bodily injury or disease and Workers' Compensation Insurance in the
amount required by law.
7.4 Deductibles and Self- Insured Retentions Contractor shall inform
City of any deductibles or self- insured retentions except with respect to any professional
liability insurance.
7.5 Other Insurance Provisions The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
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7.5.1 City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City officials,
are to be covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of Contractor; products and completed operations of
Contractor; premises owned, occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shall contain no limitations on
the scope of protection afforded to City, its officers, officials, employees, designated
volunteers or agents serving as independent contractors in the role of City officials
which are not also limitations applicable to the named insured.
7.5.2 For any claims related to this Agreement, Contractor's
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, designated volunteers and agents serving as independent contractors in the
role of City officials. Any insurance or self - insurance maintained by City, their officers,
officials, employees, designated volunteers or agents serving as independent
contractors in the role of City officials shall be excess of Contractor's insurance and
shall not contribute with it.
7.5.3 Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
7.5.4 Each insurance policy required by this Section 6 shall be
endorsed to state that coverage shall not be canceled or materially modified except
after 30 days prior written notice by first class mail has been given to City.
7.5.5 Each insurance policy, except for any professional
liability policy, required by this Section 6 shall expressly waive the insurer's right of
subrogation against City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors in the
role of city or agency officials.
7.6 Acceptability of Insurers Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's
Risk Manager.
7.7 Verification of Coverage All insurance coverages shall be
confirmed by execution of endorsements on forms approved by the City. The
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All endorsements are to be received and approved by City before
services commence. As an alternative to City forms, Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
8. Liquidated Damages Should the Contractor fail to complete the project,
or any part thereof, in the time agreed upon in the Contract, the Contractor shall
reimburse the City for the additional expense and damage for each calendar day that
the Contract remains uncompleted after the Contract completion date. It is agreed that
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the amount of such additional expense and damage incurred by reason of failure to
complete the Contract is the per diem rate of $ 750 per calendar day. Such amount is
hereby agreed upon as liquidated damages for the loss to the City resulting from the
failure of the Contractor to complete the project within the allotted time and to the value
of the operation of the works dependent thereon. It is expressly understood and agreed
that this amount is a reasonable amount and is established in lieu of damages that are
incapable of calculation at the inception hereof; and this amount is not to be considered
in the nature of a penalty. The City shall have the right to deduct such damages from
any amount due, or that may become due to the Contractor, or the amount of such
damages shall be due and collectible from the Contractor or the Contractor's Surety.
Progress payments made after the scheduled completion date shall not constitute a
waiver of liquidated damages.
9. Suspension City may, in writing, order Contractor to suspend all or any
part of the Contractor's Services for the convenience of City or for work stoppages
beyond the control of City or Contractor. A suspension of the Services does not void
this Agreement.
10. Notices Any notices, bills, invoices, or reports authorized or required by
this Agreement shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during Contractor's and City's
regular business hours or by facsimile before or during Contractor's regular business
hours; or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses heretofore set forth in the Agreement, or to such
other addresses as the parties may, from time to time, designate in writing pursuant to
the provisions of this Section. All notices shall be addressed as follows:
If to City: City Clerk
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Telephone: (562) 431 -2527
Fax: (562) 493 -9857
With a copy to:
Public Works Director
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
If to Contractor: All American Asphalt
400 E. Sixth Street
P.O. Box 2229
Corona, CA 92878
Telephone: (951) 736 -7600
Fax: (951) 736 -7646
Attn: Robert Bradley
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11. Non - Assignability; Subcontractinq Contractor shall not assign, transfer,
or subcontract any interest in this Agreement or the performance of any of Contractor's
obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract
any rights, duties, or obligations arising hereunder shall be null, void and of no effect.
12. Compliance with Laws Contractor shall comply with all applicable federal,
state and local laws, ordinances, codes and regulations in force at the time Contractor
performs the Services.
13. Non - Waiver of Terms. Rights and Remedies Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Contractor constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Contractor, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
14. Attorneys' Fees In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including all attorneys' fees incurred in connection therewith.
15. Construction The validity, interpretation, and performance of this
Agreement shall be controlled by and construed under the laws of the State of
California. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
16. Entire Agreement This Agreement, including any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Contractor and City. This Agreement supersedes all prior oral or
written negotiations, representations, or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement.
17. Severability The invalidity in whole or in part of any provisions of this
Agreement shall not void or affect the validity of the other provisions of this Agreement.
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IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH
0
Jill R. Ingram, City Manager
CONTRACTOR:
By:
Name. Robert Bradley
Title: Vice President .
Attest:
la
Linda Devine, City Clerk
Approved as to Form:
92
Quinn M. Barrow, City Attorney
B
Name: Mark Luer
Title: Secretary
S7296- 020011391880Q.doc
EXHIBIT A
FAITHFUL PERFORMANCE BOND
EXHIBIT B
PAYMENT BOND
EXHIBIT C
WORKERS' COMPENSATION INSURANCE CERTIFICATE
EXHIBIT D -1
ADDITIONAL INSURED ENDORSEMENT
(COMMERCIAL GENERAL LIABILITY)
EXHIBIT D -2
ADDITIONAL INSURED ENDORSEMENT
(AUTOMOBILE LIABILITY)
EXHIBIT D -3
ADDITIONAL INSURED ENDORSEMENT
EXHIBIT E
ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING
CONTRACTOR LICENSING LAWS
EXHIBIT F
LABOR LAW REQUIREMENTS
EXHIBIT G
ACCEPTED PROPOSAL
(NOTE: Exhibits will not be included with the contract at the
time of award. The Contractor shall have 10 working days to
submit all exhibits to the City after the award of contract. Failure
to do so will result in voiding of the contract. The City will then
have the right to cash the bid bond for the project and re-
advertise for construction or award to the next lowest
responsive bidder.)
ADDENDUM NO. I
Lampson Avenue Median Improvement Project
Federal Project No. R.PSTPLB: 5229 (012)
BID SHEET
Item No, Quanti Unit Description
complete and in place.
per LS
per
Total (Fi t!Ee _ $) T fx) —
Furnish new traffic control equipment and maintain,
c rnpict and in lace
o $ Z C) -
(, j// f Figures per LS
Total (Figures) $ 51 O a c) —
I LS Surveying Constrr et 11 Staking, comp et nd In Lace,
1 0usard m i pa h un i j $ f I (o --
Words, per LS 0 O' igures per LS
Total (Azures) $
5. 3,000 CY
rt t dol ar.
Words, per CY
G. 10,700 LF
per LF
Excavate AC Section, Base /Subgrade, complete and in
place.
Figures per CY
Total (Figures) $ I I l i on —
Construct Type AI -8 Median Curb including full depth
AC, complete and hi place.
$ 19
Figures per LF
Total (Figures) $ 1 2 U 0 to •
Page C - 3
Total (Figures) $ 5 3 Z 1 —
I LS t lug, gi ebbing, complete and in place.
- to> 44d �vl� $ jc� I boo
Words, per LS Figures per LS
Item No. Quallfit Unit Deswi �t� ion
7. 1,500 LF Construct 10" curb face curb, including full depth AC,
. - -I- i i I r _ -^ complete and in place. _
4i I b
Words, per LF Figures per LF
Total (Figures) $ 2 000 r
S. 50 LF Sawcut, remove PCC and construct PCC curb and gutter,
complete and in place.
Vah4 61V11 S $ 39-
ids, per LF Figures per LF
Total (Figures) $
10.
11550 (' �,
� kll
Words, per SF
Pei- SF
Total (Figures) $ jp g (q 2z -
SaNvcut, remove PCC, replace with 4" sidewalk, complete
and in p laco.
.IV
res per SF
Page C »4
Total (Figures) $ ,5 — .
If. 1. 23 BA
Sawcut, remove PCC, replace with curb rimp, and Uistall
' �Wd bUSG�no� Sr
eas m lace truncated domes, complete a 2. and in place.
06 $ 0(00 -
Words, per LEA
j Figures per HA
Total (Figures) $
12 1 LS
Furnish and install traffic striping and pavement markers,
G r ol�tplgt ad •n lace, O &r $10217—
(� �
W ords, per LS
—� Figures per LS
Total (Figures) $ 1 ) —
_ / J Ac �
--ftvk '`
elech�ic pull box to grade, cot>� ! coin place.
u�
/! Woords,
per EA
Figures per BA
Total (Figures) $ 2. S 0 O
Page C »4
Item No, anti Unit Desgriotion ' +�
14. A 6100 Class "A" topsoil in median divider, complete and in place.
✓ a $
Words, per CY MIgures per CY
000 -
per LS
Total (Figures) $ 2 y ` g —
] 1 LS Landscape fulp ve 1e 1 s, complete and in place.
a�9� lQf $ 1X5000 -
Words, per DS Figures per LS
Total (Figures) $J315000
—
17. 1 LS Post installa landscape and irrigation maintenance,
lyW Dl�lsa/1 Gl SIX c te G� j a��� place
✓,r $ q u 00 -
Words, per LS Figures per LS
Total (Figures) $ to —
18. 50 TON Furnish and install 1" thick of Asphalt Rubber Hot Mix
�� e ,• I� complete and in place. $
Words, P61. TON Fipres per TON
Total (Figures) $ . oo
19. 7 SF
i n iAJ_ aVI f
Words, per SF
20. 1 LS
:PV l II I'At
Words, per LS
Cold Plane I" thick of asphalt concrete, complete and in
place. $ ' (0 Q
Figures per SF
Total (Figures) $ 51 "
Report, implement and comply with the Construction
General Permit and the City's NIMES permit, complete
and in piaC0 �
da' $ 52 -
1 I
� Figures per LS
Total (Figures) s
Page C -5
Total (Figures)
Item No. Q uanti Unit Descripfloi
SF Amend Soil in the existing median d
Words, per SF -� Figures per SF
Total(Figures) $ 1
Total Biel Price (Ite ns #1 tlu� u li 21 m-K
f t " 1 0'q o� u�tdee a o+u.
t4s d o�c hu�rd�t'd � ;� o� lr�,f 1 1 l.o
WORDS IP IGUPX , S
Note:
Contractor shall be aware of construction commencing after Jamiaiy 2412,
ALTERNATIVE TOTAL BID PRICE
Alternative Total Bid Price (Items #1 through 21) The City may elect in its sole discretion of
delaying the commencement of construction after January 2014. Contractor shall adjust
pricing to account For inflation, including but not limited to rising costs of labor, material,
equipment and other construction market conditions (overhead and profit),
mc. -tio do isr �q 000
WORDS FIGURES
IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS
813ALL PREVAIL
Page C -6