HomeMy WebLinkAboutItem O AGENDA STAFF REPORT Z
DATE: June 27, 2016
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Interim Director of Public Works
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH DOUG MARTIN
CONTRACTING CO., INC. FOR THE 2016 ANNUAL
SLURRY SEAL PROJECT CIP NO. ST1601
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6659:
1. Awarding a construction contract to Doug Martin Contracting Co., Inc. in
the amount of $104,807.20;
2. Authorizing the City Manager to approve contract changes not to exceed
$5,000; and
3. Authorizing the City Manager to approve payments for inspection not to
exceed $5,000.
BACKGROUND AND ANALYSIS:
The 2016 Annual Slurry Seal Project CIP No. ST1601 (Project) consists of
applying a slurry seal to selected streets throughout the City as identified in the
City's adopted 2014 Pavement Management Program report. Application of
slurry seal is typically done every 5-7 years and extends the effective life of
asphalt concrete pavement.
At the May 9, 2016 City Council meeting, the City Council approved the plans
and specifications for this Project and authorized the solicitation for bids.
On June 2, 2016, the City Clerk's office received four bids with the following
results:
Agenda Item 0
Rank Contractor Amount
1 Doug Martin Contracting Co., Inc. $ 104,807.20
2 All American Asphalt $ 115,571.50
3 Roy Allan Slurry Seal $ 122,934.00
4 Mission Paving and Sealing Inc. $ 148,895.55
Based upon the references, qualifications, work experience and cost, staff
recommends selecting Doug Martin Contracting Co., Inc. as the lowest
responsive bidder at $104,807.20.
ENVIRONMENTAL IMPACT:
This Project complies with all requirements of the California Environmental
Quality Act (CEQA) and is categorically exempt under section 15301 class 1
subsection (c).
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
In the approved FY 2015/16 Budget, $140,000 of State Gas Tax Funds have
been identified for the Project. Design plans were prepared in-house. The
construction contract is $104,807.20 with Doug Martin Contracting Co., Inc. The
table below presents the estimated breakdown of the Project cost:
Description Amount
Construction $104,807.20
Contingency $ 5,000.00
Inspection $ 5,000.00
Total $114,807.20
The remaining State Gas Tax Funds of $25,000 will be utilized for the 2016
Annual Concrete Repair Program Project CIP No. ST1604.
RECOMMENDATION:
That the City Council adopt Resolution No. 6659:
1. Awarding a construction contract to Doug Martin Contracting Co., Inc. in
the amount of $104,807.20;
2. Authorizing the City Manager to approve contract changes not to exceed
$5,000; and
Page 2
3. Authorizing the City Manager to approve payments for inspection not to
xceed $5,000.
S BMI ED B NOTED AND APPROVED:
"":asham J II Ingram, City Mt ger
Int. im Director of Public Works
Prepared by: Cesar Rangel, Associate Engineer
Attachments:
A. Resolution No. 6659
B. Contract Agreement
C. Slurry Seal Map
Page 3
Attachment "A"
RESOLUTION NUMBER 6659
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH DOUG MARTIN
CONTRACTING CO., INC. FOR 2016 ANNUAL SLURRY SEAL
PROJECT CIP NO. ST1601
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby awards a contract to Doug Martin
Contracting Co, Inc. for the 2016 Annual Slurry Seal Project CIP No. ST1601 (the
"Project") in the amount of $104,807.20.
SECTION 2. The City Council hereby authorizes and directs the City Manager to
execute the contract on behalf of the City.
SECTION 3. The City Council hereby authorizes the City Manager to approve
payments for additional work requests in connection with the Project in the
cumulative amount up to $5,000.
SECTION 4. The City Council hereby authorizes the City Manager to approve
payments for inspection in connection with the Project in the cumulative amount
up to $5,000.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 27th day of June , 2016 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
ATTEST: Mayor
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
Resolution Number 6659
I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6659 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 27th day of June , 2016.
City Clerk
Attachment "B"
PUBLIC WORKS AGREEMENT
FOR 2016 ANNUAL SLURRY SEAL PROJECT
CIP NO. ST1601
between
HEE
'i�G►F A2 ,9`y\COQ:
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Doug Martin Contracting Co., Inc.
220 Foundation Avenue
La Habra, CA 90631
(714) 441-0513
(714) 441-0541 - FAX
THIS AGREEMENT is made as of June 27, 2016 by and between the City of Seal
Beach, a California charter city ("City"), and Doug Martin Contracting Co., Inc., a
General Contractor ("Contractor").
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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 June 27, 2016 (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 $104,807.20, 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
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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 lndemnitee'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 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).
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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: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 $750.00 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
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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.
CITY OF SEAL BEACH CONTRACTO::
D. Martin Contracting Company, Inc.
By: By: i r"' �% ,. rd
Jill R. Ingram, City Manager
Name: Doug Martin
Attest:
Title: President
By:
Robin Roberts, City Clerk
Name: ULLAJL,Makra4D
Approved as to Form:
Title: Dixie Martin, Secretary
By:
Craig A. Steele, City Attorney
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