HomeMy WebLinkAboutItem MAGENDA STAFF REPORT
DATE: December 11, 2017
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter P.E., Director of Public Works
SUBJECT: CITY FACILITIES ROOF REPAIR PROJECT
No. BG1801
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6782:
1. Awarding a construction contract to Chapman Coast Roof Company, Inc.
in the amount of $348,045.75, and rejecting all other bids;
2. Authorizing the City Manager to execute a construction contract to
Chapman Coast Roof Company, Inc. on behalf of the City;
3. Authorizing the City Manager to approve construction contract change
orders not to exceed a total of $41,054.25;
4. Approving a purchase order not to exceed the amount of $115,763.50 to
the Garland Company, Inc. pursuant to Seal Beach Municipal Code
Section 3.20.025(8), and further authorizing the City Manager to approve
purchase order change orders not to exceed a total of $5,236.50; and
5. Approving Budget Amendment No. 18-06.01 of Sewer and Water Capital
Funds for a combined total of $67,400 to City Facilities Roof Repair
Project No. BG 1801 ("Project').
BACKGROUND AND ANALYSIS:
The severity of the winter storm season of 2016/2017 resulted in many City
facilities' roofing systems developing leaks. Upon closer inspection, staff
concluded that major sections of these roofing systems had been damaged
during these storms and were in need of repairs and/or replacement. As such,
staff included these necessary repairs in the Capital Improvement Project Budget
Agenda Item M
for Fiscal Year 2017-2018. The City facilities in need of roof repairs/replacement
are listed below:
1. Mary Wilson Library/Senior Center
2. West End Pump Station
3. Seal Beach Police Station
4. City Hall
5. Public Works Yard
At the October 23, 2017 City Council meeting, the City Council approved the
plans and specifications for this Project and authorized the solicitation for bids.
To ensure the most cost effective delivery method for this city-wide roofing
project, bid specifications were separated into two portions, construction and
roofing materials. The construction portion followed the Public Contract Code and
the roofing materials were procured by competitive bid contracts awarded by
other public agencies. By separating the construction and materials portion, this
ultimately controls the cost of materials, avoids contractor markups, overruns and
costly change orders.
CONSTRUCTION
On October 26, 2017 and November 2, 2017, a Notice of Inviting Bids was
advertised in the Sun Newspaper.
On November 7, 2017, staff held a mandatory job walk for the five facilities listed
above. Seven roofing contractors were in attendance at the job walk. Staff
informed all the contractors of an addendum to the project regarding hazardous
materials. All seven roofing contractors acknowledged and received the
addendum.
On November 16, 2017, the City Clerk's office received five bids with the
following results:
Rank
Contractor
Amount
1
Chapman Coast Roof Company
$348,045.75
2
Commercial Roofing Systems
$410,871.00
3
Best Contractin Services
$420,310.00
4
Tecta America Southern CA
$648,250.00
5
Brazos Urethane, Inc.
$693,132.00
The apparent low bid was Chapman Coast Roof Company Inc. (CHAPMAN) in
the amount of $348,045.75. One irregularity was found in CHAPMAN's bid. They
did not use the bid sheet as part of the addendum that they received at the
November 7, 2017 job walk. Staff contacted CHAPMAN after the bid opening to
verity if it affected their bid. CHAPMAN confirmed that it did not affect their low
bid. CHAPMAN submitted a letter stating their bid includes all work per the bid
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specifications including all addendum work and hazardous materials work. Staff
is waiving the irregularity of the bid form and deemed CHAPMAN the lowest
responsive bid. No bid protests have been received from other contractors who
submitted bids. Staff does not expect to find any reasons) to not find CHAPMAN
to be the responsible low bidder. By adding an estimated 9% contingency of
$41,054.25 to the CHAPMAN proposal of $348,045.75, it yields approximately
$389,100.00.
ROOFING MATERIALS
The City's purchasing and contract policies are set out in the Seal Beach
Municipal Code (SBMC) and Charter. The cost for goods or services to be
purchased dictates how they are to be procured through an informal or formal
bidding process. SBMC Section 3.20.025 lists certain exemptions from the
bidding process, including for purchases of a commodity that can be obtained
only from one vendor. "Piggy -back' is a commonly used term to competitively
bid contracts awarded by other public agencies to ensure the best pricing for
purchases. The City historically uses this procurement method in purchasing
vehicles. The roofing materials needed for this project were available through the
supplier Garland Company Inc. (GARLAND) from the California State Bid List
under the California Multiple Award Schedules (CMAS) program. GARLAND has
submitted a proposal per California Contract No. 4-01-56-0006A in the amount of
$115,763.50. By adding an estimated 5% contingency of $5,236.50 to the
GARLAND proposal of $115,763.50, it yields approximately $121,000.00. A not -
to -exceed $121,000.00 purchase order is requested to procure the roofing
materials.
In combining both the construction/contingency cost of $389,100.00 from
CHAPMAN and the roofing materiaWcontingency cost of $121,000.00 from
GARLAND the total amounts to $510,000.00.
Below is a table to summarize the delivery method and combined cost for the
City Facility Roof Repair Project.
Scope of Work Procurement Method Company Cost
Construction Public Contract Code Chapman Coast Roof Company Inc. $348,045.75
Construction Contingency $ 41,054.25
Roofing Materials CMAS No.4-01-56-0006A Garland Company Inc. $115,763.50„_
Roofing Materials Contingency $ 5,236.50
Inspection In -House $ 0.00 _
TOTAL $510.100.00
In the approved FY 17/18 Budget, $442,700 has been allocated for the City
Facility Roof Repair Project. The proposed Project cost of $510,100 and an
allocation of $442,700, a shortfall of $67,400 is required to complete the Project.
With only $50,000 allocated from Water and Sewer Capital funds combined and
an estimated $140,000 bid cost for the Yard roof, Budget Amendment 18-06-01
for $67,400 is required to cover the shortfall. $33,700 will come from Water
Capital and $33,700 will come from Sewer Capital totaling $67,400 to fund the
Public Works Yard roof. This Yard building primarily houses the City's water and
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sewer supplies and equipment. Any unspent funds will be returned back to the
original fund. There will be no impact to the General Fund.
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:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
In the approved FY 2017-18 Budget, a total of $442,700 was allocated for this
Project. A detailed breakdown of the Project budget by funding source is
provided below:
Protect Number Fund Number Allocated Budget
BG1801 001 -General Fund $200,000
BG1801 001- 29013 Building Assigned Fund Balance $152,700
SS1801 019 -Water Capital Fund $ 25,000
SS1801 044 -Sewer Capital Fund $ 25,000
SD1801' 001 -General Fund' $ 40,000
Total Project Budget = $442,700
*A total of $200,000 was allocated in the FY 2017/18 for West End Pump
Station (WEPS) Improvements, Project Number SD 1801 based on Audit
recommendations including replacement of the station roof. This $40,000
cost represents the estimated amount for the WEPS roof replacement and
is being deducted from the $200,000 total WEPS improvement budget.
The construction contract is $348,045.75 with CHAPMAN. The roofing materials
cost is $115,763.00 with GARLAND. The combined contingencies are
$46,290.75. The table below is the estimated breakdown of the Project cost:
Description
Amount
Construction CHAPMAN
$346,045.75
Roofing Materials GARLAND
$115,763.50
Contingency
$46,290.75
Total
$510100.00
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This action requires Budget Amendment No. BA18-06-01, allocating additional
Water and Sewer Capital Funds for a total amount of $67,400 to City Facilities
Roof Repair Project No. BG1801.
Description Account ReNsed/Adopted Proposed Budget (diff)
Budoet Budget Amendment
Capital Project 019-95049605 $ 12,830,400 $ 12,864,100 $ 33,700
Capital Project 044-97549605 $ 1,044,100 $ 1,077,800 $ 33,700
RECOMMENDATION:
That the City Council adopt Resolution No. 6782:
1. Awarding a construction contract to Chapman Coast Roof Company, Inc.
in the amount of $348,045.75, and rejecting all other bids;
2. Authorizing the City Manager to execute a construction contract to
Chapman Coast Roof Company, Inc. on behalf of the City;
3. Authorizing the City Manager to approve construction contract change
orders not to exceed a total of $41,054.25;
4. Approving a purchase order not to exceed the amount of $115,763.50 to
the Gariand Company, Inc., and further authorizing the City Manager to
approve purchase order change orders not to exceed a total of $5,236.50;
and
5. Approving Budget Amendment No. 18-06-01 of Sewer and Water Capital
Funds for a combined total of $67,400 to City Facilities Roof Repair
Project No. BG 1801.
SUBMITTED BY: NOTED AND APPROVED
St ve Myrter, P.E. U11I.A. Ingram, City n ger
Director of Public Works
Prepared by: Michael Ho, P.E, Deputy Director of Public Works
Attachments:
A. Resolution No. 6782
B. Contract Agreement
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Attachment "A"
RESOLUTION NUMBER 6782
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING TO AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION CONTRACT WITH CHAPMAN
COAST ROOF COMPANY, INC., APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PURCHASE ORDER TO GARLAND COMPANY INC., AND
APPROVING BUDGET AMENDMENT 18-06-01 FOR THE CITY
FACILITIES ROOF REPAIR PROJECT NO. BG1801
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE
SECTION 1. The City Council hereby awards a contract to Chapman Coast Roof
Company, Inc. for the City Facilities Roof Repair Project No. BG1801 (the
'Project') in the amount of $348,045.75, and rejects all other bids.
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 construction contract change orders in connection with the Project
not to exceed a total of $41,054.25.
SECTION 4. The City Council hereby approves a purchase order not to exceed
the amount of $115,763.50 to the Garland Company, Inc. pursuant to Seal Beach
Municipal Code Section 3.20.025(B), and authorizes the City Manager to approve
purchase order change orders not to exceed a total of $5,236.50.
SECTION 5. The City Council hereby approves Budget Amendment No. BA 18-
06-01 to modify the Fiscal Year 2017/2018 budget as follows:
Description Account Redsed/Adopted Proposed Budget (diff)
Budaet Budget Amendrnawa
Capital Project 019-950-49605 $ 12,830,400 $ 12,864,100 $
Capital Project 044-97549605 $ 1,044,100 $ 1,077,800 $
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at
regular meeting held on the 11th day of December. 2017 by the following vote:
AYES:
Council Members:
NOES:
Council Members:
ABSENT:
Council Members:
ABSTAIN:
Council Members:
Sandra Massa-Lavitt, Mayor
ATTEST:
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6782 on file in the
office of the City Clerk, passed, approved, and adopted by the Seal Beach City
Council ata regular meeting held on the 11th day of December. 2017.
Robin L. Roberts, City Clerk
Attachment "B"
PUBLIC WORKS AGREEMENT
FOR CITY FACILITIES ROOF REPAIR PROJECT
CIP NO. BG1801
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
[3
Chapman Coast Roof Co., Inc.
2301 East Orangethorpe Avenue
Fullerton, CA 92834
THIS AGREEMENT is made as of December 11. 2017 by and between the City of Seal
Beach, a California charter city ("City"), and Chapman Coast Roof Co.. Inc. a California
corporation Montractor").
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RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for
the City Facilities Roof Repair Project CIP No. BG1801 ("Project") with respect to design
criteria; and
B. WHEREAS, Contractor, a general contractor, has submitted a bid to City
for the Project dated November 16. 2017 in the amount of $348.045.75 ("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 perforin and complete in good and workmanlike
manner all work ("Work") required by this Agreement and the documents listed in
Subsection 1.2 for the Project.
1.2 Contract Documents. The "Contract Documents" that comprise the
agreement between the City and the Contractor are the: Notice Inviting Bids,
Instructions to Bidders, Accepted Proposal, Non -Collusion Affidavit, Bid Schedule(s),
List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification
Statement, Bid Security Forms for Check or Bond, Specifications, General and Special
Provisions and documents referenced therein, all addenda as prepared prior to the date
of bid opening setting forth any modifications or interpretations of any of said
documents, this Agreement, Exhibits attached to this Agreement, including but not
limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers'
Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D),
Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws
(Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G), and
any and all supplemental agreements executed amending or extending the Work
contemplated and that may be required to complete the Work in a substantial and
acceptable manner. These Contract Documents are hereby incorporated into this
Agreement.
1.3 The Work shall be performed in accordance with the Plans,
Specifications and other Contract Documents. Contractor shall furnish at its own
expense all labor, materials, equipment and services necessary therefor, except such
labor, materials, equipment and services as are specified in the Contract Documents to
be furnished by City.
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1.4 In the event of any material discrepancy between the express
provisions of this Agreement and the provisions of the other Contract Documents, the
provisions of this Agreement shall prevail.
2. Effective Date. This Agreement is effective as of December 11. 2017 (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 $348.045.75, 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, fumished or incurred for completion of
the Work as specked 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 Manager 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 Contractors
employees, except as set forth in this Agreement. Contractor shall not, at any time, or
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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
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the deposit with City, of any insurance policy or certificate required pursuant to this
Agreement.
5.5 Waiver of Richt 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.
Automobile Liability.
6.1.2 Exhibit D-2: Additional Insured Endorsement
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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6.2.4 Workers' Compensation insurance as required by the
State of California and Employers 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:
6.3.1 General Liability: $2,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit 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.
6.3.4 Professional Liability (or Errors and Omissions Insurance):
$1,000,000 per claim/aggregate.
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 Except with regard to the Professional Liability (or Errors
and Omissions Liability) Policy, 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
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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: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, Contractors 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 dale. 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.
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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 Contractors 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 Manager
City of Seal Beach
211 8th Street
Seal Beach, California 90740
Telephone: (562)431-2527
Fax: (562)493-9857
With a copy to:
Director of Public Works
City of Seal Beach
211 8th Street
Seal Beach, California 90740
If to Contractor: Chapman Coast Roof Company Incorporated
2301 East Orangethorpe Avenue
Fullerton, CA 92834
Telephone: (714) 738-6611
Fax: (714) 738-0143
Attn: Rogie Cabral
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. Claim Dispute Resolution.
11.1 In the event of any dispute or controversy with the City over any
matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work,
but shall proceed with the performance of the Work in dispute. Contractor shall retain
any and all rights provided that pertain to the resolution of disputes and protests
between the parties. The Disputed Work will be categorized as an "unresolved dispute"
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and payment, if any, shall be as later determined by mutual agreement or a court of law.
Contractor shall keep accurate, detailed records of all Disputed Work, claims and other
disputed matters.
11.2 All claims arising out of or related to the Contract Documents or this
Project, and the consideration and payment of such claims, are subject to the
Government Claims Act (Government Code Section 810 at seq.) with regard to filing
claims. All such claims are also subject to Public Contract Code Section 9204 and
Public Contract Code Section 20104 at seq. (Article 1.5), where applicable. This
Contract hereby incorporates those provisions as though fully set forth herein. Thus,
Contractor or any Subcontractor must file a claim in accordance with the Government
Claims Act as a prerequisite to filing a construction claim in compliance with Section
9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section
9204, as applicable, pursuant to the definition of "claim" as individually defined therein.
12. Compliance with Laws. Contractor shall comply with all applicable federal,
state and local laws, ordinances, codes and regulations in force at the time Contractor
performs the Services.
13. Non -Waiver of Terms. Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Contractor constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Contractor, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
14. Attorneys' Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including all attomeys' fees incurred in connection therewith.
15. Construction. The validity, interpretation, and performance of this
Agreement shall be controlled by and construed under the laws of the State of
California. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
16. Entire Agreement. This Agreement, including any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Contractor and City. This Agreement supersedes all prior oral or
written negotiations, representations, or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a wrifing signed by the
parties which expressly refers to this Agreement.
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17. Severability. The invalidity in whole or in part of any provisions of this
Agreement shall not void or affect the validity of the other provisions of this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH
By:
Jill R. Ingram, City Manager
Attest:
By:
Robin Roberts, City Clerk
Approved as to Form:
By:
Craig A. Steele, City Attorney
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CONTRACTOR:
CHAP N COAST ROOF CO., INC.
By:
Name: G..,-.io: Yre o
Title: Vase Pceaila..r
Name:
Title: