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HomeMy WebLinkAboutAGMT - GM Sager Construction (Pavement Restoration at 4800 Ironwood Ave)PUBLIC WORKS AGREEMENT for Pavement Restoration at 4800 Ironwood Avenue between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 P GM Sager Construction Co., Inc. 1380 S. East End Ave. Pomona, CA 91766 (909) 620-9987 This Professional Services Agreement ("the Agreement") is made as of September 10, 2020 (the "Effective Date"), by and between GM Sager Construction Co., Inc., a California corporation ("Contractor"), and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional pavement repair services B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.035(D), City solicited informal bids from vendors to carry out the Project, and obtained three written bids. Contractor has submitted an informal bid to the City for the Project dated in the amount of $18,900.00 attached hereto as Exhibit A and incorporated herein by reference, which constitutes the lowest acceptable quotation. C. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.035(D), City desires to engage Contractor to provide professional pavement repair services in the manner set forth herein and more fully described in Section 1.0. D. Contractor represents that the principal members of its firm are qualified California -licensed concrete contractors (License #607796, DI #1000010280) and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services (collectively "Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. City relies upon the skill of Contractor, and Contractor's 1 of 16 staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by City shall not operate as a release of Contractor from such standard of care and workmanship. 1.5. Contractor will not be compensated for any work performed not specked in the Scope of Services unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Manager. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence on September 10, 2020 and shall remain in full force and effect until work is fully completed unless sooner terminated as provided in Section 6.0 of this Agreement. 3.0 Contractor's Compensation 3.1. City will pay Contractor in accordance with the cost proposal set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of Eighteen Thousand Nine Hundred and 00/100 Dollars ($18,900.00) for the Term. 3.2. Any additional work authorized by the City Manager pursuant to Section 1.5 will be compensated in accordance with the fee schedule set forth in Exhibit A. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other 2 of 16 records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Payment and Performance Bonds; Guaranty Unless otherwise expressly provided in the bid documents, or exempted by City, prior to commencing work, Contractor shall provide a payment bond and performance bond, each in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein. Pursuant to the bid documents for this Project, the performance bond shall include Contractor's written guaranty of Contractor's work for a period of one year following notice of completion. 6.0 Termination 6.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 6.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 7.0 Party Representatives 7.1. The City Manager is City's representative for purposes of this Agreement. 7.2. Bryson Miller is Contractor's primary representative for purposes of this Agreement. Bryson Miller shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 8.0 Notices 8.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street 3of16 Seal Beach, California 90740 Attn: City Manager To Contractor: GM Sager Construction Co., Inc. 1380 S. East End Ave. Pomona, CA 91766 Attn: Michael Sager 8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 9.0 Independent Contractor 9.1. Contractor is an independent contractor and not an employee of City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor's employees or other personnel under Contractor's supervision, and Contractor and all of Contractor's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor will determine the means, methods, and details by which Contractor's personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 4of16 9.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractors personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor's choice, except as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor's performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Contractor shall be responsible for and pay all wages, salaries, benefrts and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. 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 liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have 5of16 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. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 10.2. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its 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 liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 11.0 Confidentiality Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. 6of16 12.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 13.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 14.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time canis, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 14.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 15.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 16.0 Insurance 16.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to City that Contractor has secured all 7of16 insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 16.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability coverages. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease. 16.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its directors, officials, officers, employees, agents, volunteers and agents serving as independent contractors in the role of City officials; (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its directors, officials, officers, employees, agents, volunteers and agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that City, its directors, officials, officers, employees, agents, 8of16 volunteers and agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Contractor, including materials, parts or equipment fumished in connection with such work; and (5) for automobile liability, that City, its directors, officials, officers, employees, agents, volunteers and agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible. 16.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its directors, officials, officers, employees, agents, volunteers and agents serving as independent contractors in the role of City officials. 16.5. Any deductibles or self-insured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its directors, officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.6. Each insurance policy, except for any professional liability policy, required by this Section 16.0 shall expressly waive the insurer's right of subrogation against City and its officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City or agency officials. 17.0 Indemnification, Hold Harmless, and Duty to Defend Contractor and City agree that City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 17.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City and all other Indemnitees. Contractor acknowledges that City would not have entered into this Agreement in the absence of the commitment of Contractor to indemnify and protect City and the other Indemnitees, as set forth in this Agreement. • • AN 17.1. Indemnity. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 17.0) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, bid protests, stop notices, suits, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, in any manner arising out of, pertaining to, or relating to the acts or omissions of Contractor, and/or its directors, officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, and/or willful misconduct, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all reasonable attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 17.2. Civil Code Exception. Nothing in this Section 17.0 shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City's active negligence to the limited extent that the Agreement is subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by final arbitration or court decision or by agreement of the Parties. 17.3. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 17.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the 10 of 16 sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 17.4. Bid Protest. In addition to its obligations pursuant to Section 17.1, Contractor shall reimburse City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. 17.5. 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 Contractor. 17.6. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights they may each 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. 17.7. Insurance Not Limitation. The obligations of Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Contractor's indemnity obligation set forth in this Section 17.0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement. 17.8. Survival. Contractor's covenants under this Section 17.0 shall survive the expiration or termination of this Agreement. 18.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 19.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 11 of 16 20.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 21.0 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. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 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. 24.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 26.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 27.0 Prohibited Interests; Conflict of Interest 12 of 16 27.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 27.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 27.3.Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section 27.0. 28.0 Antitrust Claims In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. 29.0 Trenching and Excavations 13 of 16 Pursuant to Public Contract Code Section 7104, if the project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any: 29.1. Material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; and/or Subsurface or latent physical conditions at the site differing from those indicated; and/or 29.2. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. 29.3.As required by Labor Code Section 6705 and in addition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by City in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by Contractor, and all costs therefor shall be included in the price of the Agreement. Nothing in this provision shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this provision shall be construed to impose tort liability on the City or on any City officer, agent, consultant, representative, or employee. All plans, processing and shoring costs are Contractor's responsibility and must be included in Contractor's bid. 30.0 Location of Existing Elements Pursuant to Government Code Sections 4216 to 4216.9, the methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. alert and other private underground locating firm(s), and/or utilizing potholes, specialized locating equipment and/or hand trenching. 31.0 Third Party Claims Fees Pursuant to Public Contract Code Section 9201, City has full authority to compromise or otherwise settle any claim relating to this Agreement at any time. 14 of 16 City shall timely notify Contractor of the receipt of any third -party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b). 32.0 Non -Collusion Contractor hereby certifies that this bid is genuine and not a sham or collusive, or made in the interest or on behalf of any person or business not herein named. Contractor further certifies that Contractor has not directly or indirectly induced or solicited any other bidder to furnish a sham bid, or any other person or business to refrain from bidding, and Contractor has not in any manner sought by collusion to secure itself an advantage over any other bidder. Contractor also affirms that it has signed and submitted with its bid to City a Non -collusion Declaration as required by Public Contract Code Section 7106. 33.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 34.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 35.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 15 of 16 CITY OF SEAL BEACH CONTRACTOR: Steve-Myrter, Nblic Works Director Name: to Its: �j : pAk& : 4 Attest: By: Approved as By: A. Steele, City Attomey 23050800 By b,,,,.,, -%., Name: Its: �s►Q9—r WV (Please note, two signatures required for corporations pursuant to Califomia Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (i►) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) [1112019 rev.] PROPOSAL Bidders Name GM Sager Constrution Co., Inc. The undersigned, as bidder, declares that: (1) -this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Non -Collusion Affidavit; (2) -bidder has carefully examined the Specifications, Instructions; and (3) -bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITY OF SEAL BEACH, to perform said proposed work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. F4 Pavement Repair 4800 IRONWOOD AVE. BID SHEET No Item Description Unto Measure Est. Qty. Unit Price Item Cost 1 Mobilization/Demobilization LS. 1 $1,500.00 $1,500.00 2 Grind/removal approximately 2" depth Conventional Asphalt. Sq. Ft. 1200 $2.50 $3,000.00 3 Replace/Cap roadway with approved PG 64-10 HMA material. Sq. Ft. 1200 $4.00 $4,800.00 4 Deep Dig -out replacement Sq. Ft. 400 $14.00 55,600.00 S Traffic control I LS. 1 $1,500.00 $1,500.00 6 Compaction I.S. 1 $1,500.00 $1,500.00 7 Materials Disposals Ls. 1 $1,000.00 $1,000.00 TOTAL BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES): $ _ 18.900.00 Total Bid Price in Numbers Eighteen Thousand Nine Hundred Dollars and No Cents Total Bid Price in Written Form IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the rights to reject all bids and re -advertise, as appears to be in the best interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit 3 and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that, if awarded the Contract, bidder will complete all work according to the contract documents. Legal Business Name of Bidder CTM Sager Construction Co., Inc. Business Address 1380 S. East End Ave., Pomona, CA 91766 Business Tel. No. 909 620-9987 QZ Vice President Signature Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint venture's or of fewer than all of the partners/joint venture's if submitted with evidence of authority to act on behalf of the partnership/joint venture. if bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venture's, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venture's, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors_ 4 � 4 •� P. J y y � •j A v C C � � •L rr yy[ L q 9 < Li 1 �• E '' v 3 ❑- � c i. - 3 T E 0 f j4, ti a Nm ci v .l r j •J e �� O= e J r r ss'ce �� .-I •C" -r �3 1 f 1 .� J: '1 tom' � : `- � , C�Ew i7 A ..• — u I I I v t `I —S •� O ._ — Z it b Y W I I V' s - ���� � :� =:goo❑�❑000❑,;oQ�oo I cu �Q, �❑OQQOC!❑C1DDQ:OO J rr G ID v j C�Ew i7 A ..• — u I I I v t { / \ G- `�� §\ \(\ }\ \\ I oc :_- f! � z \ 3 j GMS Office From: Janice Lipscomb Sent: Tuesday, August 25, 2020 2:04 PM To: sfunes@sealbeachca.gov Cc: GMS Office Subject: FW: Your single Unenrolled Payment to City of Seal Beach has been initiated As requested. please see confirmation below. Thank you, Janice M. Lipscomb GM Sager Construction Co., Inc. 1380 South East End Avenue, Pomona, CA 91766 909-620-9987 909-620-5288 (Fax) Janice@gmsager.com From: DoNotReply_SeaIBeach@transactis.net [mailto:DoNotReply_SealBeach@transactis.net] Sent: Tuesday, August 25, 2020 1:58 PM To: Janice Lipscomb <Janice@gmsager.com> Subject: Your single Unenrolled Payment to City of Seal Beach has been initiated Your One-time Payment to City of Seal Beach is being processed. Customer Number: GM Sager Constructio Account Name: GM Sager Construction Co., Inc. Payment Account: Visa ****5093 Payment Amount: $223.00 Fee Amount: $6.69 Total Amount: $229.69 Confirmation #: 3106770078 Creation Date: Tuesday, August 25, 2020 Payment Date: Wednesday, August 26, 2020 1 Item paid with this One-time Payment Confirmation Customer Payment Total Payment :# Number Reason Invoice Amount 1 Division Name 3106770077 GM Sager Business $223.00 $223.00 6 - Finance: Business Constructio License License Please DO NOT reply to this email. This email message was sent from a notification address that cannot accept incoming email. To contact us, click here and review the Contact Us section on our web site. ACORUa CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) `� 9r10r2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Edgewood Partners Insurance Center (EPIC) NAME: CONTACT Michelle Orton 19000 MacArthur Blvd. PH Floor' EIHC.NAILExtI1 949-417-9131. 1 L na): 949-26&5982 Irvine, CA 92612 AooREss: mlchelle.orton@epicbrokers.com MED EXP (Any oneperson) $15,000 INSURER (SI AFFORDING COVERAGE _ NAIC A www.edgewoodins.com INSURERA: National Fire Insurance Co of Hartford 20478 INSURED INSURER B: Trans ortationInsurance Company 20494 G M Sager Construction Co., Inc. _ 1380 South East End Ave INSURER GuideOne Mutual Insurance Com a 15032 Pn Y .______ INSURER D: Valley Fore Insurance Company 20508 Pomona CA 91766 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ✓ JET LOC INSURER E: Continental Insurance ComDany 35289 IN.5URER F, COVERAGES CERTIFICATE NUMBER: 57AOFA71t REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE L' P POLICYNUMBER POLICY EFF POLICY EXP LIMITS A COMMERCIAL GENERAL LIABILITY ✓ 5095057881 4/19/2020 4/19/2021 EACH OCCURRENCE S 1,000,000 G1_A:MS-MADE ❑✓ OCCUR DAMAGE TO PREMISES Ea ocwrrence $ 100,000 MED EXP (Any oneperson) $15,000 i ✓ PD Ded/Occ - $5,000 PERSONAL d ADV INJURY $1.000.000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ✓ JET LOC PRODUCTS - COMP/OP AGG $ 2.000.D00 $ OTHER: B AUTOMOBILE UABB ITY6024265839 4/1912020 4/19/2021 Es (Esaccident)SINGLE u $1.000,000 BODILY INJURY (Per person) S ✓ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ i HIRED NON -OWNED ✓ AUTOS ONLY ✓ i AUTOS ONLY PROPERTYDAMAGE $ Per accident) ^ _ E ✓ UMBRELLA LIAR / OCCUR 6024265656 4/19/2020 4/1912021 EACH OCCURRENCE S3,000.000 EXCESS LIAB'CLAIMS-MADE ! AGGREGATE _13_P00 000 DED ✓ RETENTION $10.000 T _ S 1 C WORKERS COMPENSATKIN1010007042 AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED7 ''. N / A 1/1/2020 1/1/2021 �/ STATUTE ER --- ---- E.L. EACH ACCIDENT S 1 000 OOO ---- E.L. DISEASE - EA EMPLOYE S .a 110.0 _ (Mandatory In NH) If yesdescribe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I S 1,000,000 D Rented/Leased Contractors Equipment 16024265811 i 4/1912020 4!19/2021 $200,000 per item subject to a $1,000 )ed DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is reWlmd) Certificate Holder is Additional Insured for General Liability coverage per form CNA75079XX 10/16, including primary and noncontributory wording. General Liability Waiver of Subrogation applies per form CNA 74705XX 01/15. Automobile Additional Insured, including primary and non-contributory wording and waiver of subrogation applies per form CNA63359XX 04/12. Waiver of subrogation applies to Work Comp per form WC 04 03 06 4-84. All where required by written contract and subject to all policy terms and conditions. 30 Day Advance Notice of Cancellation, 10 Day for Non -Payment of Premium w�,� nvw�r� I.API\.fCLLA1IVIY Ci of Seal Beach 21 Eighth Street Seal Beach CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE D'Asaro U 1955-21115 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 57495920 1 •2020-2021 Master Certificate I Michelle Orton ! 9/10/2020 3:03:49 PM (PDT) I Page 1 of 4 CNA 9/10/2020 Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: 1. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. If. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. GNA75079XX (10-16) Insured Name: G M Sager Construction Co., Inc. Policy No: 5095057881 Endorsement No: Effective Date: 04/19/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 57495828 1 •2D20-2021 Master Certificate I Michelle Orton 19/10/202D 3:03:49 PM (PDT) ' Page 2 of 4 Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. CNA75079XX (10-16) Insured Name: G M Sager Construction Co., Inc. Policy No. 5095057881 Endorsement No: Effective Date: 04/19/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 57495828 : •2020-2021 Master Certificate I Michelle Orton 1 9/10/2020 3:03:49 PM (PDT) I Page 3 of 4 CNA Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 5095057881 Insured Name: G M Sager Construction Co., Inc. Endorsement No: Effective Date: 04/19/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 57495828 1 •2020-2021 Master Certificate I Michelle Orton 1 9/10/2020 3:03:49 PM (PDT) I Page 4 of 4 City of Seal Beach Page 3 Pavement Restoration - 4800 Ironwood Ave, bidding on August 10, 2020 2:00 PM (Pacific) Printed 09/21/2020 Bid Results Bidder Details Vendor Name ONYX PAVING COMPANY INC. Address 2890 E. LA CRESTA AVE ANAHEIM, CA 92806 United States Respondee Corey Kirschner Respondee Title CEO, Pres, vp, sec, trea Phone 714-632-6699 Ext. Email Corey@onyxpaving.net Vendor Type CADIR License # 630360 CA DIR Bid Detail Bid Format Electronic Submitted August 10, 2020 9:37:11 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 222812 Ranking 0 Respondee Comment Buyer Comment Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization/Demobilization LS 1 $1,600.00 $1,600.00 2 Grind/removal approximately 2" depth Conventional Asphalt SF 1200 $3.50 $4,200.00 3 Replace/Cap roadway with approved PG 64-10 HMA material SF 1200 $7.00 $8,400.00 4 Deep Dig -out replacement SF 400 $25.00 $10,000.00 5 Traffic Control LS 1 $9,000.00 $9,000.00 6 Compaction LS 1 $2,000.00 $2,000.00 7 Materials Disposals LS 1 $1,800.00 $1,800.00 City of Seal Beach Pavement Restoration - 4800 Ironwood Ave, bidding on August 10, 2020 2:00 PM (Pacific) Bid Results Type Item Code UOM Qty Page 4 Printed 09/21/2020 Unit Price Line Total Comment Subtotal $37,000.00 Total $37,000.00 City of Seal Beach Page 5 Pavement Restoration - 4800 Ironwood Ave, bidding on August 10, 2020 2:00 PM (Pacific) Printed 09/21/2020 Bid Results Bidder Details Vendor Name Hardy & Harper, Inc Address 32 Rancho Circle Lake Forest, CA 92630 United States Respondee Ashlie Blanchard Respondee Title Bid Coordinator Phone 714444-1851 Ext. Email ablanchard@hardyandharper.com Vendor Type CADIR License # 215952 CA DIR Bid Detail Bid Format Electronic Submitted August 10, 2020 1:26:05 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 222711 Ranking 0 Respondee Comment Buyer Comment Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization/Demobilization LS 1 $7,000.00 $7,000.00 2 Grind/removal approximately 2" depth Conventional Asphalt SF 1200 $6.00 $7,200.00 3 Replace/Cap roadway with approved PG 64-10 HMA material SF 1200 $7.00 $8,400.00 4 Deep Dig -out replacement SF 400 $25.00 $10,000.00 5 Traffic Control LS 1 $4,400.00 $4,400.00 6 Compaction LS 1 $1,000.00 $1,000.00 7 Materials Disposals LS 1 $1,000.00 $1,000.00 City of Seal Beach Pavement Restoration - 4800 Ironwood Ave, bidding on August 10, 2020 2:00 PM (Pacific) Bid Results Type Item Code UOM Qty Page 6 Printed 09/21/2020 Unit Price Line Total Comment Subtotal $39,000.00 Total $39,000.00 City of Seal Beach Page 1 Pavement Restoration - 4800 Ironwood Ave, bidding on August 10, 2020 2:00 PM (Pacific) Printed 09/21/2020 Bid Results 3 Bid Results Bidder Details Vendor Name All American Asphalt Address 400 E 6th Street Corona, CA 92879-1521 United States Respondee Augustine De Los Reyes Respondee Title Project Manager Phone 951-736-7600 Ext. Email publicworks@allamericanasphalt.com Vendor Type CADIR License # 267073 CA DIR Bid Detail Bid Format Electronic Submitted August 10, 2020 1:37:10 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 222700 Ranking 0 Respondee Comment Buyer Comment Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization/Demobilization LS 1 $7,620.76 $7,620.76 2 Grind/removal approximately 2" depth Conventional Asphalt SF 1200 $4.18 $5,016.00 3 Replace/Cap roadway with approved PG 64-10 HMA material SF 1200 $6.33 $7,596.00 4 Deep Dig -out replacement SF 400 $4.18 $1,672.00 5 Traffic Control LS 1 $3,318.13 $3,318.13 6 Compaction LS 1 $1,490.04 $1,490.04 City of Seal Beach Pavement Restoration - 4800 Ironwood Ave, bidding on August 10, 2020 2:00 PM (Pacific) Bid Results Page 2 Printed 09/21/2020 Type Item Code UOM Qty Unit Price Line Total Comment 7 Materials Disposals LS 1 $550.07 $550.07 Subtotal $27,263.00 Total $27,263.00 Company Information: City of Seal Beach 211 Eighth Street Seal Beach, CA Attn: Dave Fait Phone: (562) 431-2527 Email: dfat@sealbeachca.gov A Disabled Veteran Business Enterprise #62540 License #929054 PROPOSAL & CONTRACT #7791 Sob Information: City of Seal Beach -4800 Ironwood 4800 Ironwood Ave. Seal Beach, CA DATE: 05/21/20 We hereby propose to furnish all labor, materials, equipment and supervision necessary to complete the following: JOB DESCRIPTION MOSILIZATONIDEMOBI ZATION GRIND/REMOVE 2-.0F ASPHALT REPLACEICAP WITH 2" OF ASPHALT T DEEP DIG -OUT REPLACEMENT COMPACTION (LS) TOTAL COST: $1,000.00 UNIT COST $1.95 per sq. ft.: $2,340.00 UNIT COST $2.92 per sq. ft.: $3,504.00 UNIT COST $7.15 per sq. ft.: $2,860.00 LS TOTAL COST: $250.00 HAULING OF MATERIAL OFF-SITE TOTAL COST: N/C LS TOTAL COST: $1,050.00 2300 North Batavia Street, Orange, CA 92865 " Phone; 714/283-0777 • Fax: 714/283 -27T 7 - PROPOSAL Bidders Namedt '�_oA- �4� fhe undersigned, as bidder, declares that: (1) -this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Non -Collusion Affidavit; (2) -bidder has carefully examined the Specifications, Instructions; and (3) -bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITY OF SEAL BEACH, to perform said proposed work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. 2 Pavement Repair 4800 IRONWOOD AVE. BID SHEET No Item Description Unit of 1 Est. Unit Price Measure Qty. 1 Mobilization/D b'I' — Item Cost emo i �zahon LS. 1 2 Grind/removal Sq. Ft - approximately 2" depth Conventional Asphalt.' (� 2-, 3t• orJ 3 Replace/Cap roadway with 1 Sq. Ft. approved PG 64-10 HMA i material. j 1200 21 j 4 Deep Dig -out replacement Sq. Ft. 400 1 f 18- 5 Traffic control LS. 1 6 Compaction LS. 7 Hauling of materials off-site. 1 �-- _ #3,5o'-- 2.8go.� TOTAL BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES): Total Bid Price in Numbers Total Bid Price in Written Form IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the rights to reject all bids and re -advertise, as appears to be in the best interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit 3 and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and `o delete any item from the Contract. The undersigned bidder agrees that, if awarded the Contract, bidder will complete all work according to the contract documents. Legal Business Name of Bidder ! P"'P'ly 1— Business Address 23ev /' Business Tel. No. 6)c4) 2-83 , o l�� Signature Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint venture's or of fewer than all of the partners/joint venture's if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venture's, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venture's, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. PROPOSAL Bidders Name GM Sager Constrution Co.. jug. The undersigned, as bidder, declares that: (l) -this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Non -Collusion Affidavit; (2) -bidder has carefully examined the Specifications, Instructions; and (3) -bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITY OF SEAL BEACH, to perform said proposed work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. Pavement Repair 4800 IRONWOOD AVE. BID SHEET No Item Description Unit of Measure Est. Qty. Unit Price Item Cost 1 Mobilization/Demobilization I.S. 1 $I.500.00 $1,500.00 2 Grind/removal approximately 2" depth Conventional Asphalt. Sq. Ft. 1200 $2.50 $3,000.00 3 Replace/Cap roadway with approved PG 6410 HMA material. Sq. Ft. 1200 $4.00 $4,800.00 4 Deep Dig -out replacement Sq. Ft. 400 $14.00 $5,600.00 5 Traffic control I.S. 1 $1,500.00 $1,500.00 6 Compaction I.S. 1 $1,500.00 $1,500.00 7 Materials Disposals I.S. 1 $1,000.00 $1,000.00 TOTAL BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES): Total Bid Price in Numbers Eighteen Thousand Nine Hundred Dollars and No Cents Total Bid Price in Written Form IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the rights to reject all bids and re -advertise, as appears to be in the best interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that, if awarded the Contract, bidder will complete all work according to the contract documents. of Bidder GM Sager Construction Co., Inc. Business Address 1380 S. East End Ave., Pomona, CA 91766 Tel. No. 909 620-9987 Date If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint venture's or of fewer than all of the partners/joint venture's if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venture's, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venture's, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 4 Attention: 1h, h.•...r • •r:.rn: ,• lr �: rr:al cn r�:1.r. •' : n • IA's Foran 300 cmnlny,,,. rr.t� �... •1.�. -.'.;dlh amM rinu5l be rs�nJ ora'+.drn ,.h'. I:,r,t�,l:rlt �. ,r.{;IJ'1•:•_.; n ;ha' .0 lr i�'.:.I..,r Yeti/ 20JO Work Injuries Illnesses °""� `''"° "'" "''°""A''' `'r"'' ° ' "" U.S. g of -Related and ncrupnnr.nal salxly antl Ir:allh L^�rpu.us. U.S. e.,,-rr. GA 'fl'. :r: Irnl.l.nn •n.,n. {nh nrl. 'L" 11:! 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II v.wl Ix�r'd aaldimm;d anpi,z nu rhi{ I:w m..,w n,a, phntax ulna .IMI .Ix as mm5 a. rrn, acrd. kwon"tion about the employoo Cal .......... .�s,aw _..mr._-- al ewedrrM_ 51 ❑ x fi.nalr hllo'mathln about the physldan or other health Gare Professhmal a/rw dpar„ave «.wwr MnW acre l..Wwre..l _---__.� f1 11.rrwxwr +u {h r„ a+a/ hen Jw.•rh•ir.,.Mr ria 4tlwd •-- a 5.aexq,h.leanrnd:.,aranw.er.«..! .� Ne Ma.nnp6rye4wpmn.d e.e.Yb,n aw �..pr.awa• "7 n, 'Plrrr' IMr � Ye hllerrnaIf” about the Gaza im Car nerb,r hsr Ihn In Wwefxyun «Bhwa, � _� __. Itl ttww m)d««4rte..«l —_ lal flsrd are« _ r n.r"..--- /e-,11, l.y+gbr .: r,.- 11 K1, AM, I'm Avant OorhKllxer,...11ranerwl«d 141 NMl — e. - mi. a- dehtf 1-0 &a/arr 9" Maid d ar .~ havik Ihr Miral. «writ «dr vela, rgaipv,ern, ar —Ad the emplulr —vaint.Be-P-Wa.&-Oh'^caml,:r,d a kdikr xhlk uml•q rawlirrt rwak We":'•epratha6 rhl«Iwe I.— had apra7a": -da, —pa« Ly—y.- 13? Intal NayanNl74B o 6— h. w•Inrl e«nnrd. F ee.yrha: "v'hu, I-Nk Jipprd a wN aae4, hrr fell >b Ic a'h "WwrM na rpntt:d Mth 3lerine when paeu6teke d.r:q replareaa,t"; ^15'erter dreelepnl arc«ra In Griot tau Illral aeaa Uaw hrlawY«ehraaarTrll welts lr..rtnflMh,wl7 that eau alfeaaleM hoe it vr«Wnedt hr ,we aperiar drn `hen..^'•pafa.+« s«r: C,wrlrlry "arra.«d hack^, "<hadcal6urn.6avT: ^carpal mr,ed rrrWrew. Itl la ,40fael er awblaxaw di-f/p haaN IN arlrpfeyeatfirwaydm"—k ax«":"rtl«I«n: ".adfal ala -- If dir 1-N.w don wa ** t. (A, modrwk Jr.- is Hak. in a1M a«rfWNdfe4 erMn and dwalp seer! Dxe ddearh -.- 'v#. �.. �. .. ... e. ur.lw4!.N ...� •v ..a..•rr,r. •plana +[4•r-ml.a+wuu.a dr.•Vu•.•MwLnx- •I'n...Y•.:•.:I.. r.rml... rl.: . .. .•alv4r .. uxh• •.ed. 11 ua.�,.�.u,..,s, q... x. aravw. r.mrd.,ry..n,.1�4n J.�...L.."K, unl,. n,. Ka ,.w•a...,,4w ne.b.4w.4n.rnnr la Mpnr•w.,ar-n nlll•nlNeJa..r+. r. r•, N.+n.vl'11 '.. r..ryru•.n +•.e. ,. ., . IX �n,.lx d w, ...r,... y r4eu.. ^-e.x.nfr•t !Attention h_ 1 n,u rla .;'i 3-� ��qq 1 OSh 1 f 1: 1 mF J tt r.ac.r Y--ar 2014 Log of Work -Related Injuries and Illnesses �'h " '' `' " .`d' ` U.S. Dop-Imu et or Ubar • u� tf i :ale1, d -.d LeAdl � -. .. .-.-.. .. f-'� •c"M OcevoarrMr<a/alr,M _..�_._.. .......-._ _ Nurrh edwJ..r,lrwlb, • .... m:.. ... -. r..'.1 ,r. .. .rr.. r 1 .r.d"�::'„>. .: v" t�.'�.J r !e �:.•. r _ M ..,.r ,. 116.a ,rnl.r ..:. � .+. .'.e. _ .:.. " •'.0 J ? . . s r .«r r tf 5n� •r (Or. Ir ar lrrt: 1 n Iir. - • ... .. r r.... � ,.. .. .i;.� r 1. ... e: r'•;..w . .,. J . r �:'t h ..•. _.c.Lnry .:.+. ,..,n., n .,.,.•.-z. ,:� f5rrrnwrr "a. f.:1 ;F7 ReferIM wre of - dace tfre Wwmd or GMek fbtl'Yf11PM"rofwtM �r .r :mprnree'r saner �.rb rrrlr• Oarc ,.r iwjnr� N'icn tha. creel xo. 1 ncecnbr rnlur}ur i Ilan, p<m fbud, ,Ruled. Wworker va<- greed etN- rm-aa• - i•i ., .l.:r•1.., rr.rr+rr mdrnX .l.,k� ., mit urrl .drjrc .ubela wlbar rlu«Ilr iojurrd - ef fllnn• ad p � r n II f r,c '.,..,. r w twalrNd r'IVo k M -�€ T_r: UNIM1 wry Ja rNaMr OMw .er4 • lar or Hew Wh' rmbbtlM-Y1�N.N wwlt ro,bK11M ] 5 F j ;' 0 �� 1 .. i R 13) 14I Bbl �v 65 . Qom% " .1� - C' `7�- - '_ = .'°?' S ❑ A ❑' l� :1 ❑ J ❑ U. ❑ ] - ❑ , Ll o U U J ❑ ❑' [a ❑ U ❑ ❑, ,.. .. ... tit. �. .r.. r.. ...•, ur.. .. r :!r .. ..r r....r a . r( ... ....r,. oy, w •Ir .rt fJI rl 'F:. CallOSHA Form 300A (Rev. 712007) Appendix B Annual Summary of Work -Related Injuries and Illnesses .. . . ...... i 1.2'.1—J fl1 ll, h'. .1 1 - I : � c , f It Ito I I I " 111,.% Ii , I., Inial III mt,I dart, , o'. II, L, tr I It, r rrt rritI, nnr. IL 4 IWA I M-1 Pot arra: ndvo, - Is t 4 Sc 1 -;,o "'r, Kno—ur'l, d