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HomeMy WebLinkAboutCC AG PKT 2013-03-25 #F SEAL AGENDA STAFF REPORT IFO DATE: March 25, 2013 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby P.E., Assistant City Manager/Public Works SUBJECT: ARTERIAL AND LOCAL STREET RESURFACING PROJECT NO. ST1202 & ST1204 SUMMARY OF REQUEST: It is requested that the City Council adopt Resolution No. 6363: • Approving Plans and Specifications for the Arterial & Local Street Resurfacing Project No. STI 202 & ST1 204; • Awarding a contract for the Arterial & Local Street Resurfacing Project No. ST1 202 & ST1 204 to R.J. Noble Company in the amount of$613,974.63; • Authorizing the City Manager to approve additional construction in the amount of$65,000; and • Approving Budget Modification No. 13-09-03 for $318,000 in additional construction funding to account numbers: 077-000-30980, 077-888- 47000, 045-000-31500 and 045-333-44000. BACKGROUND AND ANALYSIS: Each year the City of Seal Beach delivers Annual Local Street Resurfacing and Annual Arterial Street Resurfacing construction projects. The streets that are selected to be rehabilitated are identified in the Pavement Management Plan that was most recently adopted on May 14, 2012. The projects to be delivered in FY 2012-13 are being increased in scope due to additional funding being identified for rehabilitation projects. The State-Local Partnership Program (SLPP) is offered by the State of California and processed through the Orange County Transportation Authority (OCTA). It is funded through the Proposition 1B ballot measure that was authorized by California voters through the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. These funds are intended for construction ready, transportation projects of regional significance, of which can include rehabilitation, capital construction, and construction management so long as the work provides a minimum 15 year useful life for the project. Agenda Item F Funds were lobbied by OCTA and made available to every city in Orange County. These are grant funds that require an equal matching contribution from the City. The funding available to Seal Beach is $318,000 if the City expends $318,000. In order to capture the funding available within this program the City has combined the FY 12113 Annual Local Resurfacing Program ($275,000) and the FY 12/13 Annual Arterial Resurfacing Program ($200,000). An application was submitted proposing road rehabilitation for the SLPP funds available to Seal Beach. The streets selected to receive this funding are those that were identified within the City's Pavement Management Plan (PMP) as both local and arterial streets. The Pavement Management Plan identifies the streets that will be rehabilitated within the funding levels of the City's current budget. The increased budget will rehabilitate streets now that were targeted to be constructed in future years. A grant agreement was approved by the City Council on November 13, 2012 that approved the streets to be rehabilitated. The roads selected for this application are: • Ironwood Avenue from Elder Avenue to Heather Street; • Ironwood Avenue from Wisteria Avenue to Tulip Street; • Sandpiper Drive from Bolsa Avenue to Taper Drive; • Southshore Drive from Bolsa Avenue to Taper Drive; • Taper Drive from Bolsa Avenue to Catalina Avenue; and • Electric Avenue North from Main Street to 141h Street. The City's application was approved at the September 26-27, 2012 California Transportation Commission (CTC) Meeting. The City of Seal Beach has 6 months from this date to award construction before losing the funds. The project consists of removing and replacing various locations of damaged curb & gutter, sidewalk, curb ramps, installation of concrete pavers within the parkway and resurfacing the asphalt roadway. On February 28, 2013, the City Clerk's office received five (5) bids with the following results: Rank Contractor Total Bid 1 R.J. Noble Company $ 613,974.63 Hardy& Harper, Inc. $ 622,000.00 3 All American Asphalt $ 656,251.00 4 Excel Paving Company $ 685,621.84 5 Sully-Miller Contracting Company $ 697,748.07 Based upon the references, qualifications, work experience and cost, staff recommends selecting R.J. Noble Company as the lowest responsive bidder at $613,974.63. It is recommended that the City Council authorize the City Manager to approve contract changes and additional work for up to approximately $65,000 (10% of the award) to reach the minimum required by the funding source to receive full funding ($318,000 SLPP funding + $318,000 City Match = $636,000 minimum construction cost) and for unforeseen change work Page 2 orders. Within the $65,000, $22,025.37 must be expended in order to receive the SLPP funding. Additional work needs to be done, and it is in the public welfare to perform such work at the same time the Contractor has its equipment and work force in Seal Beach. The City Attorney's office has approved the construction agreement to be used for this project. The contractor has signed the agreement and it is included in this staff report. Exhibits to that agreement, including bonds and insurance documents will be provided to the City after award of contract. ENVIRONMENTAL IMPACT: This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301 class 1 (c). LEGAL ANALYSIS: The City Attorney has reviewed and approved the City's standard Construction Contract. FINANCIAL IMPACT: Funds have been approved in the 2012-2013 Fiscal Year Budget for Local (ST1204) and Arterial (ST1202) Street Resurfacing Programs in the amount of $475,000. These funds are sufficient to fund the City's match requirement. The recommended actions include expenditures as follows: Item Amount Construction (award) $613,974.63 Contingency (10%) $ 65,000.00 Materials Testing $ 15,000.00 Inspection (Casulas Construction Services) $ 25,000.00 Total $718,974.63 Budget Modification 13-09-03 in the amount of $318,000 is recommended to provide sufficient funds for construction and to cover the $318,000 in SLPP funding that will be reimbursed to the City upon completion of the project. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 6363: • Approving Plans and Specifications for the Arterial & Local Street Resurfacing Project No. ST1 202 & ST1 204; • Awarding a contract for the Arterial & Local Street Resurfacing Project No. ST1 202 & ST1 204 to R.J. Noble Company in the amount of$613,974.63; • Authorizing the City Manager to approve additional construction in the amount of$65,000; and Page 3 • Approving Budget Modification No. 13-09-03 for $318,000 in additional construction funding to account numbers: 077-000-30980, 077-888- 47000, 045-000-31500, and 045-333-44000. SUBMITTED BY: NOTED AND APPROVED: Sean P. Crumby, P.E. Ingram, City Mopfiger Assistant City Manager/Public Works Prepared by: David Spitz, Associate Engineer Attachments: A. Resolution No. 6363 B. Agreement-R.J. Noble Company Page 4 RESOLUTION NUMBER A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING THE CONTRACT FOR ARTERIAL & LOCAL STREET RESURFACING PROJECT NO.ST12N2& ST1204 WHEREAS, the City of Seal Beach is proposing the Arterial & Local Street Resurfacing Pndect, vvh|oh will remove and replace damaged curb & Quttor, sidewalk, curb rampm, portions of the parkway with pavers and grinding and repaving; and VVHEREAS, staff recommends selecting R.J. Noble Company as the lowest responsible and responsive bidder. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY DFSEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council hereby awards a contract for the Arterial & Local Street Resurfacing Project in the amount of$613,974.63 to R.J. Noble Company. Section 2. The Council hereby directs the City Manager hm execute the contract. Section 3. The Council hereby authorizes and directs the City Manager to approve payment for additional construction work ino minimum uf$22,U25.37in order 0}secure the entire$31O.00O8LPP funding amount. Section 4. The Council hereby delegates 0athe City Manager the authority bo approve payments for additional work requests in connection with the Project in the cumulative amount of $85.000 in the event the City Manager authorizes additional work. Section 5. The Council hereby approves Budget Modification No. 13-09-03 for $318.0O0 |n additional construction funding b» account numbers: O77-0OO'3U08O. 077-888-47000. 045-000'31500 and 045-333-44000 and directs the Director of Finance 10 modify the Fiscal Year 2O12/2O13budget. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council ata regular meeting held on the 25th day of March .2013 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk Resolution Number G363 STATE OF CALIFORNIA ) COUNTY DFORANGE } SS CITY UF SEAL BEACH } |. Linda Devine, {]{y Clerk of the City of Seal Beanh, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6363 on file in the office of the City Clerk, passed, approved,and adopted by the City Council at o regular meeting held on the_258I day of--March-__. 2O13. City Clerk PUBLIC WORKS AGREEMENT ARTERIAL & LOCAL STREET RESURFACING PROJECT CIP NO. ST 1202 & ST 1204 STATE PROJECT NO. SLPPL 52290}14) between SEA! PO City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 (714) 637-1550 (714) 637-6321 - FAX THIS AGREEMENT is made as of March 25, 2013, by and between the City of Seat Beach, a California charter city ("City"), and R.J. Noble Company, a General Contractor ("Contractor"). RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Arterial & Local Street Resurfacing Project No. ST1202 & ST1204 ("Project") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated February 28, 2013 in the amount of$6131,974.63) ("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 famish 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. 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 March 25, 2013 (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 $613,974.63, 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. The City Manger may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 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 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. 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 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. 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 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. 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. 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 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. 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 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. 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 Scope 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 I (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. 6,2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 63.1 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. 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 role 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. 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 less than A:VllI 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 them rate of$2,000.00 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 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: R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 Telephone: 714-637-1550 Fax: 714-637-6321 Attn: Michael J. Carver, President 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 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. 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 writing 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. (Intentionally Left Blank) CITY OF SEAL BEACH CONTRNQ-TOR,:�-.-- NOBLE COMPANY j fir By: By Jill R. Ingram, City Manager Name: MTCHAEL J. CARVER Attest: Title: PRESIDENT By: Linda Devine, City Clerk Approved as to Form: By: Quinn M. Barrow, City Attorney 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.)