HomeMy WebLinkAboutCC AG PKT 2014-11-10 #G {�pF SEAC B�,
AGENDA STAFF REPORT
`I//FOR.- ri
DATE: November 10, 2014
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby P.E., Director of Public Works
SUBJECT: CITY MUNICIPAL YARD REMODEL AND ROOF
REPLACEMENT PROJECT NO. BG1403
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6510:
1. Accepting the City Yard Remodel Project No. BG1403 by IBN
Construction, Inc. in the amount of $360,058.88;
2. Approving Budget Amendment No. 15-05-02 in the amount of$90,000;
3. Directing the City Clerk to file a "Notice of Completion" with the Orange
County Clerk-Recorder within ten (10) days from the date of acceptance,
and to release retention in the amount of $18,002.94 in 35 days.
4. Approving the plans and specifications for the City Yard Roof Project
BG1403;
5. Awarding a construction contract to Tecta America for $73,000 for City
Yard Roof Project BG1403;
6. Authorizing the City Manager to execute the contract on behalf of the City
and approve contract changes not to exceed $8,000;
7. Authorizing $2,000 for inspection services by Casulas Construction
Services;
8. Authorizing $8,186 for hazardous materials abatement from Castlerock
Environmental Inc.; and
9. Authorizing $1,150 for hazardous materials monitoring by Global
Environmental Training & Consulting, Inc.
BACKGROUND AND ANALYSIS:
City Corporation Yard Remodel
At the June 9, 2014 City Council meeting, the City Council awarded a
construction contract to IBN Construction Inc. for $344,500 to remodel the
administration building of the City Corporation Yard.
During construction hazardous materials were encountered when replacing the
roof. Abatement of hazardous materials will require specialized certifications and
Agenda Item G
increase the amount of roof repair that was included within the original project. It
is recommended that abatement of hazardous material be completed outside of
the current building remodel project and thus, replacement of the roof was
removed from the current contract.
The project is now complete to the satisfaction of the City Engineer, During
construction there were several change orders that were required in order to
comply with current building codes and are as follows:
1. Structural members were metal. The original plans for the administration
building did not correctly identify the materials used within the structure.
After demolition modifications were made to accommodate the metal
structural members.
2. During the demolition, there was previously unknown damaged drywall in
the men's restroom that required replacement.
1 In the reception area, the electrical junction boxes were closed off with no
access. Current building code requires access at all times. A suspended
ceiling was chosen to provide access.
4. Trailer rental: Increased time of trailer rental due to discovery of
hazardous materials.
Change orders totaled $37,058.88 for the project.
City Yard Roof
Asbestos was found in the ducting for the HVAC system and will need to be
completely removed and replaced. To keep the remaining project moving
towards completion and allow staff to re-occupy the building vacated in July staff
determined it was in the City's best interest to delete the roof replacement and
competitively bid the increased roof replacement.
The roof bids were advertised on October 2 and 9, 2014, On October 28, 2014,
the City Clerk's office received and publicly opened the following two bids.
Contractor Bid
Tecta America $73,000.00
Best Contracting $107,150-00
The lowest responsive responsible bidder was from Tecta America for
$73,000.00 for the City Yard Roof Project BG1403, References were checked
for Tecta America and they have successfully completed projects similar in scope
to this project.
To remove the asbestos, staff received a quote from Castlerock Environmental
for $8,186.00. Castierock has done numerous abatements for the City with
professional and high qualified employees.
Page 2
ENVIRONMENTAL IMPACT:
This project is categorically exempt from review under California Environmental
Quality Act ("CEQA") pursuant to Section 15301, Class 1(a)(d) of the State
CEQA Guidelines, which exempts the minor alteration of existing public
structures such as the proposed remodeling of City Yard Building.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
On June 9, 2014 the City Council approved expenditure of $458,300. A
breakdown of the expenses for the project is as follows:
Design (DMHA Architects) $46,830
Furniture (CBI) $36,000
Remodel and Trailer Rental (IBN Construction) $360,059
Inspection $5,000
Network Cabling....... $6,300
Total $454,189
Funds needed to abate hazardous materials and replace roof
Asbestos Removal (Castlerock Environmental) $8,186
Asbestos Testing (Global Environmental) $1,150
Roofing Construction (recta America) $73,000
Roofing Contingency (10%) $8,000
Inspection $2,000
Total $92,336
Budget Amendment 15-05-02 would allocate $45,000 of Sewer Capital and
$45,000 of Water Capital totaling $90,000 as follows:
Revised/Adopted Proposed Budget(dill}
Description Account Budget Budget Amendment
Water Capital 019-950-49605 $4,215,000 $4,260,000 $45,000
Sewer Capital 075-470-40700 $3,790,000 $3,835,000 $45,000
Page 3
RECOMMENDATION:
That the City Council adopt Resolution No. 6510:
1. Accepting the City Yard Remodel Project No. BG1403 by IBN
Construction, Inc. in the amount of $360,058.88;
2. Approving Budget Amendment No. 15-05-02 in the amount of$90,000;
3. Directing the City Clerk to file a "Notice of Completion" with the Orange
County Clerk-Recorder within ten (10) days from the date of acceptance,
and to release retention in the amount of $18,002.94 in 35 days.
4. Approving the plans and specifications for the City Yard Roof Project
BG1403;
5. Awarding a construction contract to Tecta America for $73,000 for City
Yard Roof Project BG1403,
6. Authorizing the City Manager to execute the contract on behalf of the City
and approve contract changes not to exceed $8,000;
7. Authorizing $2,000 for inspection services by Casulas Construction
Services;
8. Authorizing $8,186 for hazardous materials abatement from Castlerock
Environmental Inc.; and
9. Authorizing $1,150 for hazardous materials monitoring by Global
Environmental Training & Consulting, Inc.
SUBMITTED BY: NOTED AND APPROVED:
Q�V". VQrw run
Sean P. Crumby, P.E. ill . Ingram, Cit ana er
Director of Public Works
Prepared by: Michael Ho, Deputy DPW/City Engineer
Attachments:
A. Resolution No. 6510
B. Notice of Completion
C. Construction Agreement for Roof
D. Asbestos Removal Proposal—Castlerock Environmental
E. Asbestos Monitoring Proposal—Global Environmental
Page 4
RESOLUTION NUMBER
/k RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING COMPLETION OF THE CITY YARD REMODEL
AND AWARDING A CONTRACT FOR CITY YARD ROOF
REPLACEMENT PROJECT BG1403 AND APPROVING
RELATED EXPENDITURES
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESDLVE, FIND AND
DETERMINE ASFOLLOWS:
Section 1. The City accepts the completion of the City Yard Remodel
Project No. BG1403 (the "Remodel Project") substantially completed by |BN
Construction, Inc. in accordance with the contract documents, dated on June 9,
2O14 for the total cost nf$36O.058.88.
Section 2, The City Clerk is hereby directed to file a "Notice of
Completion"for the Project with the Office of the Orange County Recorder within
10 days of the date of this Resolution. The retention shall be na|amaed in 35
days.
Section 3. In its assessment of the condition of City owned pmopmrty.
City staff determined that City Yard Roof needs full replacement. Aucording|y, in
the City Budget for FY 2013/14, the City Council allocated funding for"City Yard
Remodel Project No. BG1403,^
Section 4. The City Council hereby approves the plans and
specifications for City Yard Roof Replacement Project No. BE;1403 (the Roof
Pnojmot).
Section 5. The City Council hereby approves Budget Amendment No.
15'05'02 to allocate $90.000 in account number 045-233-44000 8G1403 for the
Project,
Revised/Adopted Proposed oudgat(4iM)
Des Account Budoet Budget Amendment
Water Capital 019~950-*9605 $4.215.000 $4.260.000 svn.nVV
Sewer Capital 075470'40700 $3.790.000 $5.835.000 $45.000
Section 6. The City Council hereby awards aconstruction contract for
the Roof Project toTeoie America in the amount of$72.ODO. The City Council |e
authorized and directed to execute the contract on behalf of the City, and further
authorized to approve contract changes not to exceed$8.000.
Section 7. The City Council hereby approves (1) the contracting
services for the roof project from Camtlerock Environmental et the cost cf$8.186:
and (2) contracting services for ma0ehe|a testing by Global Environmental for
$1.150 The City Manager was authorized toexecute all necessary agreements,
contracts and purchase orders for these purposes.
(intentionally Left Blank)
Resolution Number S51O
FY\GSED. APPROVED AND ADOPTED by the Seal Beech City Council at
regular meeting held on the 1D8l deyof,NQv§mber,2O14by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } S8
CITY OF SEAL BEACH }
|. Linda Devine' City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6510 on file in
the office of the Qb/ Clerk, peaaed, approved, and adopted by the Seal Beach
City Council ata regular meeting held on the_1 }thL day of_November�_ . 2014.
City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA9OT4O
Space of above this line for Recorder's use.
No Recording Fee Pursuant hz Government Code Section 6103. 27383
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3003. must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner orcorporate officer ofthe owner ofthe interest or estate stated
below in the property hereinafter desnhbed-
2. The full name mf the owner is: City of Seal Beach.
3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740.
4. The nature mf the interest or estate of the owner is: |nFee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on
October 30, . The work was City Yard Remodel Project. No. BG1403.
6. The name of the contnactor(s), if any, for such improvement was: IBN Construction, Inc, The
date of the Contract Award was June 9, 2014.1
7 The property on which said work of improvement was completed in the City of Seal Beaoh.
County of Oronge. State of California, and is described as follows: 1776 Adolfo Lopez Dr.,
Seal Beach, CA 90740.
Dote:
Director of Public Works, City of Seal Beach
Signature of owner orcorporate officer ofowner
named in paragraph 2oragent.
VERIFICATION
|, the undersigned, say: the Director of Public Works declarant of the foregoing notice of
completion; have reed said notice of completion and know the contents thereof-, the same is true
ofmy own knowledge.
| declare under penalty of perjury the foregoing is true and correct.
Executed on . 2O14. at Seal Beach, California.
(Date of Signature)
Director of Public Works, City of Seal Beach
PUBLIC WORKS AGREEMENT
FOR CITY CORPORATION YARD
ROOF REPLACEMENT
between
,d SEAL 4#f��
g t�
C
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Tecta America
1217 East Wakeham Avenue
Santa Ana, CA 92705
(714) 955-4395
(714) 973-5214 - FAX
THIS AGREEMENT is made as of November 10 2014, by and between the City of Seal
Beach, a California charter city ("City„) and Tcta America a General Contractor
("Contractor').
RECITALS
WHEREAS, the City Council has approved the plans and specifications for the
City Corporation Yard Roof Replacement ("Project") with respect to design criteria; and
WHEREAS, Contractor has submitted a bid to City for the Project dated October
28, 2014 in the amount of $73,00.00 ("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
Contractor's Services.
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.
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.
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.
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.
Effective Date. This Agreement is effective as of November 10, 2014 (the
"Effective Date"), and shall remain in full force and effect until Contractor has rendered
the services required by this Agreement,
Payment. For performing and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the
amount of $73,000.00 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. 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.
Contractor's Personnel.
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 Bidslinstructions to Bidders to
perform such Services, including, without limitation, a City of Seal Beach business
license as required by the Seal Beach Municipal Code.
Contractor shall be responsible for payment of all employees' wages and
benefits, and shall comply with all requirements pertaining to employers liability,
workers' compensation, unemployment insurance, and Social Security. Contractor shall
fully comply with the workers' compensation law regarding Contractor and Contractor's
employees.
Contractor shall indemnity 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.
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.
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.
Indemnification.
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.
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.
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.
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.
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.
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.
Insurance.
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:
Exhibit D-1, Additional Insured Endorsement - Commercial
General Liability.
Exhibit D-2: Additional Insured Endorsement - Automobile Liability.
Exhibit D-3: Additional Insured Endorsement.
Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1187)
covering Automobile Liability, code 1 (any auto).
Insurance Services Office form number CG 20 10 11 85 (Ed. 11185)
covering Additional Insured—Owners, Lessees or Contactors (Form B).
Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
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.
Automobile Liability: $2,000,000 per occurrence for bodily injury
and property damage.
Employers 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.
Deductibles and Self-insured Retentions. Contractor shall inform City of
any deductibles or self-insured retentions except with respect to any professional
liability insurance.
Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
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.
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 Contractors insurance and shall not contribute
with it.
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.
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.
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.
Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than ►_VIII unless waived in writing by City's Risk
Manager.
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.
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 $750.00 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.
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.
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: Tecta America
1217 Wakeham Avenue
Santa Ana, CA 92705
Telephone: (714) 955-4395
Fax: 714) 973-6214
Attn: Rex Souders
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.
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.
Non-Waiver of Terms, Rights and 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 perfon-nance 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.
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.
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.
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.
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 CONT
Tecta merica So thern California, Inc.
By: By:
Jill R. Ingram, City Manager
Name: Rex Souders
Attest:
Title: President
By: _
Linda Devine, City Clerk
Name:
Approved as to Form: Dan Klein
S�( Secretary
Title:
By:
Quinn M. Barrow, City Attorney
EXHIBIT A
FAITHFUL PERFORMANCE OND
EXHIBIT
PAYMENT BOND
EXHIBIT C
WORKERS' COMPENSATION INSURANCE CERTIFICATE
EXHIBIT D-`I
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
Exhibits ill not be included it the contract at the
time of award. The Contractor s ll have 10 working days to
submit all exhibits to the City after the award of contract. ilure
to ill result in voiding of the tract. The City will then
have the right cash to bid bond forte project an r -
ise for construction or award to t lowest
responsive bidder.)
c�
011Ke 156718.11 i i44
CASI l .�_.� OC � :� S567r94, t,
Jim k 1 51'e1�*e I'lM n
I;NVIP0NMENTAL, INC. �:��
September 04, 2014 Via Email: ,nfr__2'Msen1fiecc•hca.gov
CITY OF SEAL BEACH
Attn.: Mr. Michael S. Ho
(Deputy Director of Public K%rks/Cily Engineer)
211 Eighth Street
Seal Beach, CA 90740
RE: Castlerock Proposal No.: MG-14232
'Adolfo Lopez Dr. South Bldg.'
1776 Adolfo Lopez Drive
Seal Beach, CA 90740
Castlerock Environmental Inc. is pleased to present this proposal for selective asbestos &disposal work at the referenced
project location. At Castlerock Environmental, our entire workforce has been authorized to work in the US by the Federal
E-verify system. Our clients can feel confident that only employees who are authorized by E-verify will be on our projects.
All work will be performed within all Federal, State and local regulatory guidelines governing work of this nature.
BASE SCOPE OF WORK:
'Roof
1. Remove and dispose up to approx. 278'Lnftx2"-3'W of asbestos containing wall mastic sealant on all perimeter
parapet wall and roof flashing including parapet wall joints throughout down to a non-three dimensional wall surface
then encapsulate with Fiberlock 6497'White'Encasement Coating
2. Remove and dispose asbestos containing mastic with metal Flashing around approx. 15ea.-(approx. 6'�6"square
Inches perpenetration)pipe and conduit roof top penetrations throughout
3. Stabilize all observed loose and flaky asbestos containing mastic sealant on all HVAC metal ducts throughout then
encapsulate with Fiberlock 6497'White' Encasement Coating
4. Remove and dispose 4ea. metal HVAC duct pitch pan base covers with asbestos containing mastic sealant
BASE SCOPE COST NOT TO EXCEED: $8,186.00(To be performed&completed In approx. 2/8hr.work shifts)
CLARIFICATIONS/CONDITIONS:
1. This quote is valid for 30 days only, and thereafter subject to review and modification due to possible changes In costs
for disposal, equipment, fuel, labor, materials, notification fees, permits, etc.
2. CEI will notify all required agencies for this project consisting of an OSHA notice only
3. All asbestos abatement work will be performed under the following abatement set up & procedures consisting of: drop
cloth-(poly)and delineators with'Asbestos Danger'tape demarcation approx. 10'out from perimeter bldg.ground level,&
a two stage decontamination chambers prepped and staged on the roof for PPE-(Personal Protection Equipment)change
out
4. All CEI performing this work will be under PPE-(Personal Protection Equipment) consisting of disposable suit, half face
respirator, gloves, safety glasses, work boots, & hard hat
5. All asbestos containing material will be abated with hand tools, wet method utilizing Hudson water sprayers, a HEPA
vacuum to pick any remaining residual debris, and encapsulated with Fiberlock 6422-'Clear'with the exception of the
parapet walls &HVAC ducts
6. All asbestos waste abated at this site will be properly packaged, labeled, transported, and disposed of at a regulated
landfill
7. Proposed work schedule is Monday-Friday, 5:00am-1:30prn, (Weekends, Holidays, or O.T.are not included)
8. Bid price is based on one mobilization approx. 2/81ir.work shifts,working without interruption until work is completed,in a
manner conducive to the most efficient rate of production as determined by our Project Manager.
9. Cost is based on a Supervisor and three workers for two shifts, a total of eight man days to complete this
project. If project is completed under these quoted man days,CEI will credit client: $950.00 for each man
day saved at this site. (This cost per man day is only based on this type of asbestos scope)
10. If multiple"move-ons"are requested after quote is accepted,CEI will prepare a Request For Change Order to cover costs
of additional mobilizations
11. State Prevailing wages-($45.47 an hour)and certified payroll is included
12. CEI is a "Non-Union" contractor and will not hire Union labor or enter into any Union agreements, Project l-abor
Agreements involving unions, or join or become affiliated with any Union in any manner whatsoever
13. Upon award of this work for the quoted sure, CEI will be prepared to enter into a contract agreement,with this proposal
being incorporated into terms and conditions
14. If no contract is forthcoming, CEI will submit our ACCEPTANCE OF PROPOSAL for signature which will serve as a binding
agreement between both parties
15. If CEI is not working directly for the property owner, a California 20-Day Preliminary Notice will be filed per the
recommendations of the California State Contractors License Board
16. Only those materials specifically defined in scope of work will be handled
17. Any other work requested by client will be performed as a Change Order condition for which additional compensation will
be negotiated before added work proceeds
18. Add: Estimator,administrative,&staff cost to prepare proposal and submittals including bid bond fee-ffapplied,the cost
for equipment rental,special material or equipment pre-paid&purchased,notification&permit fees,plus 15%if project is
awarded(in writing or verbal)then cancelled for convenience or other reasons for cancellation of project per client/owner's
request.
19. Only written changes to this bid or to scope of work will be honored, and must be acknowledged by both parties
20. Payment is due upon completion of the work, or no later than 30 days from date of Invoice
21. Late payment may result in stop notices and/or filing of a mechanics lien on the property
22, The stop notices and/or liens will be withdrawn only after all past due rnonies have been paid, including all direct costs
related to the collection process
CLIENT/ OWNER RESPONSIBILITIES:
1. Provide contract or written notice to proceed upon award of the project
2. Direct all inquiries regarding our work to CEI's designated Project Manager for the duration of our work
3. Provide a third party Certified Asbestos Consultant Company to perform on site monitoring and visual clearances for
duration of this project scope if required
4. Provide restroom facilities with wash station for our crew, parking(at no cost), water, & power for the execution and
duration of our abatement work
5. Remove all obstructions of any kind from the work area,site entrances and/or access points to work areas
before CEI arrives on site
6. Sign asbestos waste manifests and supporting documents upon request to facilitate the scheduling of waste pick up,
transport, and disposal to landfill
7. Provide a designated 10'x30'spot to stage CEI company vehicle next to work area for the project duration.
8. Remit payment upon completion of the work, or no later than 30 days from date of invoice
EXCLUSIONS:
1. CEI will not be responsible for unforeseen conditions, undisclosed hazardous materials encountered during the course of
our work, delays in schedule due to others and beyond our control
2. Additional mobilizations or shifts
3. Cut or cap-off of utilities
4. Permits and fees of any kind other then what is stated in line item #2 under'Conditions and Clarif cations'is not included
5. Additional insurance requirements and fees over and beyond our basic current insurance coverage
6. Third Party Certified Asbestos Consultant to perform air monitoring &visual clearances
7. PLA(Project Labor Agreement) or PSA(Project Stabilization Agreement)
8. Employee finger printing costs
9. Bid bonds of any kind
10. Shoring of any kind
11. Procedure 5 and fees
12. Lead/Mold abatement
13. Salvage for others
14. Temporary roof cover over areas abated
15. Attic plenum prep
16. Clean tip of fall out roofing & mastic material into ceiling attic plenum area during our course of abatement if roof
substrate appear to have voids during this process
17. Damage to bldg. structure and interior walls, floors, ceilings, finishes, components, electrical, digital, or computers,
appliances, etc... of any kind, during or after roof penetration abatement is performed and is exposed to wet weather
conditions and or a mechanical water leaks
18. Patch, fill, or repairs of any kind
19. Replacement of any materials removed
20. Additional abatement work without benefit of approved Change Order
21. Moving any obstructions to work area entrances or any items within work areas
22. CEI will not be responsible for possible damage to remaining surfaces, components, or substrates which may occur as a
result of abatement & demo procedures, including, but not limited to the use of spray glue, duct or masking tapes,
solvents, encapsulants, hand tools, scarifying equipment or machinery
23. Verbal changes to this bid or to scope of work
24. Any work outside our field of expertise or licensing
VARIABLES WHICH MAY IMPACT BID PRICE:
1. If multiple move-ons are requested afterthis quote is accepted, a $950.00 charge shall be assessed for each additional
mobilization
2. If a detailed work specification is introduced for implementation after this quote is accepted, to which CEI had no prior
access, and to which we are expected to adhere, we reserve the right to review our bid and adjust the price if deemed
necessary to facilitate compliance
3. If it is determined that payment and/or performance bonds are required on this project afterthis quote is accepted, CEI
must add 3%to bid price to cover cost of bonding
Should you have any questions regarding our quote or any portion herein, please call me at your convenience. I can be
reacheq at our offices, or directly by cellular phone at (562) 644-8375, or by email at Marty @castlerockenv.com. I hope
that v14 will be invited to provide our services on this, and future projects.
B ar s,
Marry Gonzales
MG
Castlerock Environmental, Inc.,
10040 Painter Ave.,Santa Fe Springs,CA 90670 Ph:562/941-9244 Fax:562/941-9204
California Contractors License#776105 Classifications:A, B,C-2,C-15,C-21,ASB&HAZ DOSH#788
Certified Small Business#0035144/E.P.A. Lead-Safe Certified Firm NAT-20188-1
Ma ty_(Ocasticrack._env.con'i
ACCEPTANCE OF CASTLEROCK ENVIRONMENTAL, INC.
CASTLEROCK PROPOSAL NO.: MG-14232
For Asbestos Abatement&Disposal Work at 1776 Adolfo Lopez Drive,Seal Beach, CA 90740
'Adolfo Lopez Dr. South Bldg.'
The signature of the authorized person below indicates acceptance by Customer of the attached proposal, inclusive of all
defined scope of work, proposed schedule,conditions, clarifications,and exclusions, for the quoted Base Scope cost sum of:
$&186.00(NOT TO EXCEED)int. which sum shall be subject to change pursuant to written Change Order.
The final sum due will be paid upon completion of the project, but in no event later than 30 days from date of invoice.
Interest shall accrue at the rate of 1.5%per month on any past due sum.It is understood that a California 20 Day Preliminary
Notice may be filed on this project pursuant to the recommendation of the California Contractors State License Board.It is also
understood that a conditional lien release will be issued on the project upon receipt of payment of the final sum due, and a
final unconditional release will be issued upon notification that the payment received has cleared the bank account of
Castlerock Environmental, Inc..
Customer, on behalf of himself/herself/itself and his/her/its heirs, executors, administrators, representatives, assigns,
residents, tenants, Invitees, guests and any other parties, (including minor children) for which Customer may be legally
responsible, agrees to fully release and forever discharge Castlerock Environmental, Inc., its officers, directors, employees,
agents and representatives from all past, present and future liability,damage, losses,claims or expenses of whatever nature,
Including but not limited to claims for death, bodily injury, ill health or property damage, whether foreseen or unforeseen,
attributable to the presence or continuing presence of surface and/or airborne conditions,on, in,or about Customer's property.
Customer shall indemnify,defend and hold harmless Castlerock Environmental, Inc. its officers,directors, employees,agents
and representatives, from any against any such liability, damage, loss, claim or expense (including attorney's fees)whether
asserted by Customer or any third party. This obligation to indemnify, defend and hold harmless shall be construed to the
broadest extent possible in favor of Castlerock Environmental, Inc.
This Acceptance of Proposal shall bind the Client(Party contracting and authorizing work)and Castlerock Environmental,Inc.
by the laws of the State of California, and the parties consent to the exclusive jurisdiction of a court within the County of Los
Angeles, California; should arbitration or mediation fail to resolve any dispute. In the event action is brought to recover
payment of any sum due or to otherwise enforce the terms of this agreement,the prevailing party shall be entitled recover it's
actual attorney's fees and litigation expenses, whether or not litigation proceeds to final judgment, in addition to whatever
relief it may be entitled.
Painted Name of authorized person Office Telephone or Cell Phone
Signature of authorized person named above Contract or Purchase Order :
Representative of(Company name) Total Value of approved work
Date Signed Job start date/time(subject to confirmation)
Castlerock Environmental, Inc.,
10040 Painter Ave.,Santa Fe Springs,CA 90670 Ph:562/941-9244 Fax:562/941-9204
California Contractors License #776105 Classifications:A, B, C-2, C-15,C-21,ASB& HAZ DOSH#788
Certified Small Business#0035144/E.P.A. Lead-Safe Certified Firm NAT-20188-1
Marty0castlerock nv.com
0 0.
September 11,2014
Michael S. Ho, P.E. mho @sealbeachca.gov
Deputy Director of Public Works/City Engineer
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
RE: Asbestos Consulting Services
Department of Public Works—Administrative Office Roof
1776 Adolfo Lopez Dr.
Seal Beach, CA 90740
GETC Proposal Number P214-164
Dear Mr. Ho:
Global Environmental Training&Consulting(GETC) is pleased to present the following proposal to provide
asbestos consulting services at the above referenced facility in Seal Beach, California. It is GETC's
understanding that this project is intended to accommodate abatement of Asbestos Containing Roofing
Material. GETC will provide visual inspections,ambient monitoring and clearance monitoring for asbestos.
GETC is highly qualified and experienced with performing asbestos projects similar in scope to this project.
With over a 22-year history in the environmental consulting industry, GETC's personnel are fully trained and
skilled in asbestos assessment, testing and monitoring services.
Sincerely,
Global Environmental Training& Consulting,Inc.
Miguel Virgen
Vice President
Proposal Number P214-164 Global Environmental Training&Consulting,Inc.
SCOPE OF WORK
(3£TC is providing cost prwpnau| for the following services:
Monitoring Services
` Provide certified asbestos monitor on site during contractor's work-,
°
Oversee activities ua representative ofowner;
° Monitor activities including running air tests clearances;
~
Conduct visual inspection wf contractor's work;
~
Maintain daily observation log and log ofall air samples;
° Prepare c|ouc'out document(Job Book)ut completion ofproject;
Final Job Book
At the completion ofthe project, G£TC will prepare a Final Job Book that will include a summary ofall
activities, all daily site logs, air monitoring results and any other c|wao out documentation required by Ey/\
and Cu|-]S{I/k.
FEE SCHEDULE
GETCim pleased to submit the following Fee Schedule for the above services.
PROJECT MONITORING—Sea] Beach Dept. of Public Works—Admin. Offices
Units Rate Total
Asbestos Project Monitoring 2 shift $500.00 $1,000,00
Close-out Report I each $]Woo $150.00
Total $1,150.00
Proposal Number P2o^-1w Global snv iron men W'Trai^i^gm Consulting,Inc.
PROPOSAL ACCEPTANCE,AND AG EENT
This Agreement is made by acceptance below of'the Contract Documents including Proposal No, P214-164 this
eleventh day of September 2014, by City al'Seal Reach ("Client') and Global Environmental Training &
Consulting (GETC) of 1520 W. Cameron Avenue, Suite 103, West Covina, California, Client and GETC
AGREE asfollows:
1. CONTRACT DOCUMENTS - "Contract Documents" means this document, the TERMS AND
CONDITIONS, and any proposals, fee schedules and other documents listed below tinder
PROFESSIONAL SERVICES`.
2. PROFESSION AL.SERVICES—GETC will provide professional services("Services')for the Client as
indicated in Proposal No P214-164 this eleventh day of September 2014, and other documents as
referenced therein, which are incorporated by reference herein.
3, DESIGNATED PEPRESENTA TIVES - The parties designate the following named individuals as
their authorized representatives to provide approvals, directives, and permissions, including changes,
and to receive notices or other communications tinder this agreement at the following addresses.-
Global Environmental Training&Consulting, Inc, Cihj of Seal Beach
Miguel Virgen Mr. Michael Ho
1520 W. Cameron Ave., Suite 103 211 Eighth Street
West Covina, California 91790 Seal Beach, CA 90740
626.962.4436 562.431,2527
YOUR SIGNATURE INDICATES ACCEPTANCE OF THE PROPOSAL REFERENCED ABOVE, THE
CONTRACT DOCUMENTS AND THE TERMS AVD CONDITIONS, UNLESS EXPRESSLY MODIFIED IN
WRITING,
ACCEPTED BY,
GETC City of Seal Beach
By:_ *BY:—
(Officer A uthorized to Execute Contracts)
Title: Vice President Title:
Date: September 11111, 2014 Date:
*This contract must be signed by a principal of the company or officer of the corporation authorized to execute
contracts on behalf'ofelient.
Proposal Number P214-164 Global Environmental Training&Consulting,Inc.