HomeMy WebLinkAboutCC AG PKT 2012-02-27 #LRANK
; CONTRACTOR
BASE BID
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':. JDC, Incorporated
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$84,895
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1 Marina
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$101,665
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1 Green Giant Landscaping
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$113,880
AGENDA STAFF REPORT
DATE: February 27, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby, Assistant City Manager /Public Works
SUBJECT: MAIN STREET TREE IMPROVEMENT PROJECT NO.
ST1110
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6229 awarding a contract with JDC,
Incorporated for $84,895 for the Main Street Tree Improvement Project No.
ST1110.
BACKGROUND AND ANALYSIS:
The City adopted the Street Master Plan which outlines primary tree
recommendations on all City Streets including Main Street. Currently the trees on
Main Street are not in compliance to the adopted tree master plan. This project
will remove existing trees and replace them with the primary tree
recommendation per the adopted plan. The project will also provide for the
installation of new trees in vacant tree wells.
On February 1, 2012, the City Clerk's office received three bids with the following
results:
Based upon the references, qualifications, work experience and cost, staff
recommends selecting JDC, Incorporated as the lowest responsive bidder at
$84,895.
The City Attorney's office has approved a boilerplate template construction
agreement to be used for this type of project. The contractor has signed the
agreement and it is included in this staff report. Exhibits to that agreement,
Agenda Item L
including bonds and insurance documents will be provided to the City upon
award of contract.
ENVIRONMENTAL IMPACT:
This project has complied with all requirements of the California Environmental
Quality Act (CEQA).
LEGAL ANALYSIS:
The City Attorney has reviewed and approved.
FINANCIAL IMPACT:
This project is budgeted in the approved FY 2011/12 Budget for $100,000.
Design plans were prepared by RMA, International for $7,000. The award of the
construction contract is $84,895 with JDC, Incorporated. There are sufficient
funds allocated for the project. See below table for project cost breakdown:
Available funds in FY 2011/12 Budget $100,000
Anticipated Cost
Design $7,200
Construction $84,895
Inspection & Construction Management $3,000
Materials Testing $2,000
Total $97,095
RECOMMENDATION:
That the City Council adopt Resolution No. 6229 awarding a contract with JDC,
Incorporated for $84,895 for the Main Street Tree Improvement Project No.
ST1110.
SUBMITTED BY:
Sean P. Crumby
Assistant City Manager /Public Works
Prepared by: Michael Ho, City Engineer
Attachments:
A. Resolution No. 6229
B. Contract Agreement
Page 2
NOTED AND APPROVED:
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING THE CONTRACT FOR MAIN STREET TREE
IMPROVEMENT PROJECT NO. ST1110 TO JDC, INC.
WHEREAS, the City of Seal Beach adopted the Street Master Plan which
outlines primary tree recommendations on all City streets including Main Street.
Currently the trees on Main Street are not in compliance with the adopted tree
master plan. This project will remove existing trees and replace them with the
primary tree recommendation per the adopted plan.
WHEREAS, staff recommends selecting JDC, Inc. as the lowest responsible and
responsive bidder.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. The City Council hereby awards a contract for the Main Street Tree
Improvement Project in the amount of $84,895 to JDC, Inc.
Section 2. The Council hereby directs the City Manager to execute the contract.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 27th day of February t 2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
Mayor
RESOLUTION NUMBER 6229
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 6229 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 27th day of February , 2012.
City Clerk
PUBLIC WORKS AGREEMENT
FOR .MAIN STREET TREE PLANTING PROJECT
CIP NO. ST1110
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
JDC, Inc
P.O. Box 3448
Rancho Cucamonga, CA 91729
(909) 899 -4841
(909) 899 -4842 - FAX
THIS AGREEMENT is made as of February 27, 2012, by and between the City of Seal
Beach, a California charter city (°City "), and JDC, Inc., a General Contractor
( "Contractor ").
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RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for
the Main Street Tree Landscape Improvement Project, CIP No. ST1110 ( "Project") with
respect to design criteria; and
B. WHEREAS, Contractor has submitted a bid to City for the Project dated
February 2, 2012 in the amount of $84,895 ( "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), LaborLaw Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any
arid 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 February 27, 2012(the
"Effective Date "), and shall remain in full force and effect until Contractor has rendered
the services required by this Agreement.
3. Payment. For performing and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the
amount of $84,895, 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.
4, Contractor's Personnel.
4.1 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 taw 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.
4.2 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.
4.3 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.
4.4 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 shalt 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
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all taxes, assessments, penalties, and interest asserted against City by reason of the
work performed pursuant to this Agreement.
4.5 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.
5. Indemnification.
5.1 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
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 lndemnitees
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 lndemnitees. This indemnity shall apply to all Claims and liability
regardless of whether any insurance policies are applicable.
5.2 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.
5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed
to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent
arising from the sole negligence or willful misconduct of the Indemnitees.
5.4 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.
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5.5 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 lndemnitees, 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.
5.6 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
lndemnitees 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 Indernnitee's right to
recover under this Indemnity provision.
6. Insurance.
6.1 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
shall complete and execute the following documents attached as Exhibits hereto and
incorporated herein by this reference:
6.1.1 Exhibit D -1: Additional Insured Endorsement -
Commercial General Liability.
• 6.1.2 Exhibit D -2: Additional insured Endorsement -
Automobile Liability.
6.1.3 Exhibit D -3: Additional Insured Endorsement.
6.2 Minimum S.cope of Insurance. Unless otherwise approved by City,
coverage shall be at least as.broad as:
6.2.1 Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001 (Ed.
1 /87):covering.Automobile Liability, code 1 any auto).
6.2.3 Insurance Services Office form. number CG .20 10 11 85
(Ed. 11 /85) covering Additional Insured - Owners, Lessees or Contactors (Form B).
6.2.4 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
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less than:
6.3 Minimum Limits of Insurance. Contractor shall maintain limits no
6.3.1 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 shalt apply separately to
this Agreement or the general limit shall be twice the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily
injury and property damage.
6.3.3 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.
6.4 Deductibles and Self- Insured Retentions. Contractor shall inform
City of any deductibles or self - insured retentions except with respect to any professional
liability insurance.
6.5 Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
6.5.1 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.
6.5.2 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 rote of City officials shall be excess of Contractor's insurance and
shall not contribute with it.
6.5.3 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.
6.5.4 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.
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6.5.5 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.
6.6 Acceptability of Insurers. Insurance is to. be placed with insurers
with a current A.M. Best's rating of no Tess than A:VIII unless waived in writing by City's
Risk Manager.
6.7 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.
7. 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
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.
8. 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.
9. 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
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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
If to Contractor:
With a copy to:
Public Works Director
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
JDC, inc.
P.O. Box 3448
Rancho Cucamon ga, CA 91729
• Telephone: (909) 899 -4841
Fax:(909) 899 -4842
Attn:
10. Non Assignability; Subcontracting. 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.
11. 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.
12. 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.
13. 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.
14. Construction. The validity, interpretation, and performance of this
Agreement shall be controlled by and construed under the laws of the State of
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California. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shaft 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.
15. 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 wilting signed by the
parties which expressly refers to this Agreement.
16. 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.
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
By:
Attest:
By:
Jill R. Ingram, City Manager
By:
Linda Devine, City Clerk
Approved as to Form:
Quinn M. Barrow, City Attorney
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CONTRACTOR:
By: 7 L,
i ,J Name: �,J ! i) Drill ee
Title: I2� 0 0
Name:
Title:
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.)