Loading...
HomeMy WebLinkAboutAGMT - GM Sager Construction Co (On-Call Emergency and Unexpected Task Asphalt Maiuntenance and Repair Services)PROFESSIONAL MAINTENANCE AGREEMENT for On -Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Q G.M. Sager Construction Co., Inc. 1380 S. East End Avenue Pomona, CA 91766 (909) 620-9987 This Professional Maintenance Agreement ("the Agreement') is made as of April 12, 2021 (the "Effective Date"), by and between G.M. Sager Construction Co., Inc. ("Contractor"), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain on-call emergency and unexpected task asphalt maintenance and repair services. B. City desires to engage Contractor to provide on-call emergency and unexpected task asphalt maintenance and repair services in the manner set forth herein and more fully described in Section 1.0. C. Contractor represents that the principal members of its firm are qualified California licensed contractors (License #607796, DIR 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. Strictly on an on-call emergency or unexpected task basis, Contractor shall provide those asphalt maintenance and repair services (collectively "Services") set forth in the Request for Proposal (Exhibit A), and Contractor's Proposal (Exhibit B), attached and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A, Exhibit B, and this Agreement, this Agreement shall control. Given the on-call emergency or unexpected task nature of this Contract, Contractor acknowledges that there is no guarantee that City shall request any Services hereunder. 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. The City relies upon the skill of Contractor, and Contractor's 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 2of14 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 the 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 specified in the Scope of Services unless the 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 Council. 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 as of the Effective Date and shall continue for a term of three (3) years ("Original Term") and shall expire at midnight on April 12, 2024, unless sooner terminated or extended as provided by this Agreement. 2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from April 12, 2024 through and including April 12, 2025, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from April 12, 2025 through and including April 12, 2026, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized representatives. 3.0 Contractor's Compensation 3.1. City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit B for the Services assigned by City but in no event will the City pay more than the total not -to -exceed amount of $300,000.00 (Three Hundred Thousand and 00/XX dollars) for the Original Term. 3.2. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not -to -exceed amount of $100,000.00 (One Hundred Thousand and 00/XX dollars) for each extension. 3of14 3.3. Contractor will not be compensated for any work performed not authorized by City and specified in the Scope of Services unless the 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 Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit B. 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 records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for five (5) years following the termination of this Agreement. 5.0 Termination 5.1. 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. 5.2. 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. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Michael Sager is the Contractor's primary representative for purposes of this Agreement. Michael Sager shall be responsible during the term 4of14 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. 7.0 Notices 7.1. 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 Seal Beach, California 90740 Attn: City Manager To Contractor: G.M. Sager Construction Co., Inc. 1380 S. East End Avenue Pomona, CA 91766 Attn: Michael Sager 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is an independent contractor and not an employee of the 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. 8.2. 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 5of14 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 Contractor's 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. 8.3. Contractor shall be responsible for and pay all wages, salaries, benefits 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. 8.4. 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 8.0. In addition to all other remedies available under law, 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. 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. 6of14 9.0 PERS Compliance and Indemnification 9.1. 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. 9.2. 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 9.0. 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. 10.0 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. 11.0 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. 12.0 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. 7of14 13.0 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 cards, 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 five (5) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 13.0 shall survive for five (5) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 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. The 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. 15.0 Insurance 15.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all 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 the 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 the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or 8of14 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 the 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. 15.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the 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 the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers 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 the Contractor or for which the Contractor is responsible. 15.4. 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 the City, its directors, officials, officers, employees, agents, and volunteers. 9of14 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Contractor and the City agree that the 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 16.0) 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 the City and all other Indemnitees. Contractor acknowledges that the City would not have entered into this Agreement in the absence of the commitment of Contractor to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 16.1. Indemnity. To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the 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 16.0) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, 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, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of the Contractor, and/or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that the Contractor 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 sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. The 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 attorneys' fees and experts' costs actually incurred in connection with such defense. The Contractor shall 10 of 14 reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 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 or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.3. 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 16.0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement. 16.4. Contractor's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 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. 18.0 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 11 of 14 in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 19.0 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 C, attached hereto and incorporated by reference herein. 20.0 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. 21.0 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. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 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. 25.0 Prohibited Interests; Conflict of Interest 25.1. 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 12 of 14 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 §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 25.2. 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. 25.3. 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 subsection 26.0 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. 27.0 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. 28.0 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 13 of 14 by his or her execution, the 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. CITY OF SEAL BEACH CONTRACTOR: G.M. Sager Construction Co., Inc., a California By:' �rporation J . Ingram, City Manager By: Gary gager President Attest: By: 24 Michael Sager By. /'' Vice President Gloria D.Ha a�� . Z \J'(FC'��57! (Please note, two signatures required UNA f for corporations pursuant to California Approved as Fo Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president BY: or any vice president, and (ii) the raig A. Steele, City Attorney secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation_) 14 of 14 EXHIBIT A Request for Proposal City of Seal Beach Request for Proposals for On -Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services �•� -SEA O "own /FORN�P RFP responses to be received until 2:00 P.M., February 15, 2021 in the Public Works Department ATTN: Iris Lee, Deputy Director of Public Works/City Engineer Approved for Advertising: �IrisLee City Engineer Date Issued: January 19, 2021 Table of Contents I. INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES IV. PRE -PROPOSAL QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VII. FEE & COST PROPOSAL VIII. INTERVIEW IX. SELECTION PROCESS X. SPECIAL PROVISIONS XI. GENERAL CONDITIONS EXHIBIT A — Fee & Cost Proposal EXHIBIT B — Sample Contract iamples from Exhibit A and Exhibit B from the Request for Proposals vere omitted intentionally. Loy REQUEST FOR PROPOSALS FOR ON-CALL EMERGENCY AND UNEXPECTED TASK ASPHALT MAINTENANCE REPAIR SERVICES ALL INTERESTED PARTIES MUST REGISTER BY EMAILING ilee(i ,sealbeachca.eov. COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA EMAIL PROVIDED. INTRODUCTION The City of Seal Beach ("City") owns and maintains approximately 41.8 centerline miles of pavement along with a network of alleyways, of which most are constructed of asphalt pavement. The City is seeking one or more contractors who would be available to provide on-call asphalt repair services in both emergency and unplanned situations, for an anticipated term of three (3) years. The final agreement amount and term will depend on the quality, diversity, responsiveness of the received proposals, and the future need for emergency and unexpected task work. Work shall comply with the Standard Specifications for Public Works Construction (latest edition, unless otherwise noted), City of Seal Beach standards and provisions, Caltrans Standard Specifications, and any Agencies Having Jurisdiction (AHJ's). Due to the on-call/emergency nature of this contract, no work is guaranteed, even if awarded. The scope, work schedule, and cost for each requested emergency or unexpected task will be negotiated on a project -by -project basis, based on the rates specified in the response. The City reserves the right to not accept the Contractor's proposed scope and fee, and to let any project for competitive bid at the discretion of the City. II. QUALIFICATIONS Minimum Qualifications • Valid California Contractor's Class A (General Engineering) license issued by the Department of Consumer Affairs — Contractors State License Board by the time of proposal submittal and shall remain valid for the term of the Agreement. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional asphalt maintenance and repair service experience. • Ability to mobilize and respond to emergency job sites, as necessary within the time frames provided in this RFP. i • Maintain, or have the ability to quickly acquire, all necessary labor, equipment, and material to promptly complete the Work. Desirable Qualifications • Knowledge and experience with the City of Seal Beach's standards, provisions, and practices. • Familiarity with public sector on-call maintenance and repair contracts. • Adequate availability of key team members and equipment. III. SCOPE OF SERVICES Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, list, and perform asphalt maintenance and repair services in those areas designated by the City on an emergency or unexpected task basis. Due to the on-call/as-needed nature of this Agreement, Work may vary according to the need and there is no guarantee that work will be assigned. The Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the Contractor and the City. If the City determines that the Contractor has not satisfactorily performed the Work, payment will be withheld for said Work until such time the Work is completed to the satisfaction of the City. All work for which progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the City shall certify that the Work has been inspected and completed to the satisfaction of the City prior to payment. The Contractor shall be responsible for timely payment of any subcontractor, materialmen, workers and suppliers. Authorization of Work Unless otherwise noted as an emergency, City will coordinate with Contractor to schedule the work with a minimum seven (7) -day prior notification. In an emergency, Contractor shall respond and mobilize within four (4) hours after initial request from the City for Work under this contract. Contractor shall perform the on-call services described in the Section III - Scope of Services ("Services" or "Work"). Upon written request from the City, Contractor shall provide a "letter proposal" for Services requested by the City (hereinafter referred to as the "Letter Proposal"). At a minimum, the Letter Proposal shall include, but is not limited to, the following: • A detailed description of the Work to be provided; • The estimated number of hours, by task, and cost to complete the Work; and 4 • A detailed Work schedule No Services shall be provided until the City has provided written acceptance of the Letter Proposal, unless in an emergency situation after Contractor has received a written notice to proceed from the City Engineer or designee. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal or notice to proceed. Progress of Work Time is of the essence on every aspect of the Work. Work shall proceed in an expeditious and orderly manner. The Contractor shall endeavor to avoid service interruptions to the extent feasible. Wherever possible, Work shall be completely finished prior to proceeding to the next location. Any exceptions shall be approved by the City. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the Work or to omit portions of the Work as may be deemed necessary or advisable by the City. The City may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the Agreement. Upon written order of the City, Contractor shall proceed with the Work as increased, decreased or altered. Extra Work 1. Extra work shall not be performed without prior written approval by the City unless public safety is immediately at risk. 2. Extra work may be required, and extra time may be granted, by the City as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. If unit prices are not available, payment for extra work will be based on actual cost of labor, plus wholesale cost of materials, plus an industry standard markup not to exceed 15%. Extra services other than those listed in Exhibit A shall be negotiated on a time -and -material basis with a "not to exceed" amount. Acceptance of Work Done The City, at its sole discretion, will make inspections and determine that the Work has been completed in all respects in accordance with these specification, and if applicable, accepted. Billing Form, Records and Reports The Contractor shall maintain a record of all work performed, including but not limited to location, types, and amounts maintained/installed/removed. These records shall list the date(s) of the Work performed. A copy of such record shall be provided to the City upon completion of each Task Order. Contractor shall maintain such record through the term of the Agreement, plus three (3) years after Contract termination. 5 SMI la/ ��' ,�,/,,�.1 r/�����•%T7 7-1 The Contractor shall return appropriate and completed Task Orders showing the date and inventory of work performed, signed by an authorized representative of Contractor and attached to each invoice. Contractor shall provide a billing form and progress payment form approved by the City. Method of Work The asphalt repair work shall involve all work necessary to remove and replace asphalt work, as needed to complete the work in place. All Work shall be performed per the Standard Specifications for Public Works Construction (Green Book — latest edition, unless otherwise noted), City of Seal Beach standards and provisions, Caltrans Standards Specifications, and any AHJ's requirements. The Contractor shall ensure all work performed under this contract be in such a manner as to provide maximum safety to the public and their staff. Contractor must comply with all safety standards required by all regulatory agencies including but not limited to: California Division of Occupational Safety and Health (CAL - OSHA), South Coast Air Quality Management District (SCAQMD), and the Orange County Environmental Health Care Agency (OCEHC). This also includes local regulatory compliance set forth by the City of Seal Beach. The City reserves the right to issue restraint, or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance under this contract. The Contractor shall be responsible and shall take necessary precautions to protect work sites free of hazards and/or damages, until the Work is accepted by the City. Any hazardous conditions noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City. Rubbish and construction debris shall be promptly removed from the work area and properly disposed of to an approved disposal site. The Contractor shall provide a self-propelled vacuum -type sweeper, or as approved by the City, as required to maintain Work site cleanliness. After removal operations have been completed, the grounds shall be left in a neat, safe, and presentable condition, to the satisfaction of the City. The Contractor shall verify the location of all utilities prior to any Work, and shall be held liable for all damages incurred due to his/her operations. Materials The following supplements Section 203 — Bituminous Materials in the Greenbook 203-5 SLURRY SEAL 203-5.1 General Slurry seal shall be emulsion -aggregate slurry (EAS) conforming to section 203-5.4, unless otherwise noted. 203-5.4 Emulsion -Aggregate Slurry (EAS) 203-5.4.1 General Emulsion -aggregate slurry (EAS) shall be Type I I-CQS-1 h conforming to section 203-3. 203-5.4.2 Materials 0 -_-- � plc/ I�•_ ��'�,��( (%/+>r��inf� 203-5.4.2.2 Emulsified Asphalt Emulsified asphalt shall be of the quick -set type. 203-5.4.2.4 Latex Latex shall be Ultrapave 65K produced by Textile Rubber and Cement Company, Inc., or equal as approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2'/z percent of weight of the emulsified asphalt. Latex -added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. 203-6 ASPHALT CONCRETE. 203-6.4 General. Performance graded (PG) asphalt binder shall be PG 64-10 and conform to Table 203-1.2. Asphalt concrete for finish and leveling courses shall be Type III -C2 -PG 64-10. Asphalt concrete for base courses shall be Type III -B2 -PG 64-10. Asphalt concrete for A.C. curbs and berms shall be Type III -D -PG 70-10 with 1 % additional binder in a mix design approved by OC Public Works Materials Laboratory per County of Orange, OC Public Works Standard Plan 1805. The contact surfaces of all cold pavement joints, curbs, gutters, etc. shall be painted with Grade SS- 1 h emulsified asphalt immediately before the adjoining A.C. pavement is placed. Finished surface of the new pavement at the edge of gutter shall be flush with the edge of the gutter in all crosswalk areas and shall be 3/8" higher than the lip of gutter in all other area, unless otherwise noted. 203-11 ASPHALT RUBBER HOT MIX (ARHM) 203-11.1 General. Composition and grading for all surface course paving shall be ARHM-GG-C 203-17 CRACK SEAL 203-17.1 General Crack sealing material shall be RW 306 R sealant and per the following specifications: TEST REQUIREMENT Pen @ 77 degrees F ATSM D-3407 25(+/-5) Pen @ 115 degrees F ASTM D-3407 70 max. Softening Point 210-220 OF Ductility 77 degrees F, 5cm/min 30 min Force Ductility 4 max 7 Resilience 50-60 Brookfield Viscosity 380 degrees F 20-30 poise Flow @ 140 degrees F 0 max Flexibility 90 degree bend in 2 sec. over 1 1/8 mandrel. No cracks. pass @ 0 OF Construction Methods The following supplements Section 302 — Roadway Surfacing in the Greenbook: 302-1 CRACK SEAL 302-1.1 General After cold milling operations and prior to any paving operations all pavement surfaces shall be inspected, weed abated, and crack sealed/filled. The Contractor shall apply herbicide to all vegetation one week prior to removal and crack sealing. Removal of vegetation shall consist of routing out cracks to ensure proper vegetation removal from all cracks. Cracks shall be cleaned using heat lance at approximately 2800 degrees to destroy any vegetation root or seed that may be left behind to prevent any further growth. The heat lance application will also clean out all dirt, sand, debris, and moisture. 302-1.2 Sealant Application Sealant shall be applied in prepared cracks at a temperature of approximately 380 degrees Fahrenheit. No more than a 2'/2" wide and 1/16" thick strip of material shall be applied to pavement surface. Squeegeeing of sealant will not be acceptable due to the inability to consistently meet the required configuration. Any excess sealant material shall be removed from asphalt surfaces. All cracks greater than 1 -inch shall be tack -coated and filled with hot asphalt concrete, rolled flush, and compacted to 95% minimum. The pavement shall then be cleaned with a power broom. 302-4 SLURRY SEAL SURFACING 302-4.8 Spreading and Application Prior to beginning slurry seal operations, the Contractor shall furnish current licensed weighmaster's certificates indicating the net weight capacity of the aggregate bin of each slurry mixer. Except for partial loads to complete a day's schedule, or for patching, each mixer shall be filled to its rated capacity and the Engineer and the Contractor shall keep a daily count of the number of loads and/or partial loads applied to the streets by each slurry mixer. Each aggregate bin shall have permanent calibration marks in maximum increments of 2 tons. Each slurry crew shall be composed of a coordinator at the Project site at all times, a competent quick -set mixing operator, a competent driver, and sufficient laborers for any handwork, cleanup, and barricading. Slurry shall not be applied prior to 8:00 a.m. and shall not be applied after 1:00 p.m., unless approved by the Engineer. Approval of application after 1:00 p.m. will only be for the purpose of completing the section of Work that is underway. Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. 0 In case of damage caused by vehicles and/or pedestrians upon slurry that has not been sufficiently cured, the Contractor shall replace all of the damaged Work at the Contractor's expense and no additional compensation shall be made by the City. Upon completion of the day's slurry seal, streets and parking lots shall be temporarily striped within 24 hours. All Stop Bars shall be temporarily striped on the same day before the street is reopened to traffic. Final striping and marking shall be installed no more than ten (10) Working Days after placement of slurry seal. Prior to applying slurry seal, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally all locations with weeds shall be treated by an approved weed -killer before any slurry seal is applied. 302-5.1 General. The top layer of asphalt concrete (finish course) shall be placed in a separate lift. Longitudinal joints between two passes of asphalt concrete shall be along a lane line. Leveling course longitudinal joints shall be offset at least two (2) feet from a lane. Level course longitudinal joints and finish course longitudinal joints shall not be located along the same line. Leveling course transverse joints and finish course transverse joints shall be offset approximately five (5) feet from each other, except at the project paving limits. Localized Pavement Removals & Patching Operations — In areas designated for localized pavement removal and replacement, all such AC removals shall occur AFTER the initial pavement grinding operations have been conducted and a site review has been made with the City to verify the final limits of required removal and replacement. Contractor shall be required to coordinate such efforts with the City Inspector and to plan accordingly to ensure the required construction phasing requirements are met. Final AC base paving shall be placed and compacted on areas of Localized Patching on the same day as its removal and shall be installed in a single 4 inch lift. 302-5.4 Tack Coat The contact surfaces of all cold pavement joints, curbs, gutters, etc. shall be painted with Grade SS -1 h emulsified asphalt immediately before the adjoining A.C. pavement is placed. Additionally, tack coat shall be applied to all cold milled surfaces and all paving joints (not just cold joints). It shall be applied between base and surface courses when the surface course is not placed immediately after the base course, and to existing horizontal and vertical concrete surfaces against which paved surfaces where new asphalt concrete overlaps or abuts existing pavement. Tack coat shall be applied with complete and uniform coverage and shall not be over sprayed onto adjacent pavement when applying. 302-5.6 Rolling Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint. 302-5.8.1 Adjustment of Water Valve Covers. Existing valve covers shall be adjusted to grade by the Contractor per City of Seal Beach Public Works Department Standards and Specifications for water valve construction. Water valves shall be protected in place and shall be accessible at all times during construction. P* i71 The Contractor shall notify the City Public Works Department — Water Division forty-eight (48) hours prior to the beginning of work. Removals The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate Bid items. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse and the Contractor's expense. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. Improvements removed without prior approval of the Engineer are subject to replacement at the Contractor's cost. Sidewalks to be removed to nearest score line or joint. ASPHALT CONCRETE PAVEMENT Asphalt pavement shall be removed to neatly sawed edges as required by the Engineer. Saw cuts shall be full depth. Where only the surface of existing asphalt pavement is to be removed, the method of removal shall be approved by the Engineer, and a minimum laying depth of 1 inch of new pavement material shall be provided at the join line. Where asphalt pavement adjoins a trench, the edges adjacent to the trench shall be saw cut to neat straight lines before resurfacing to ensure that all areas to be resurfaced are accessible to the rollers used to compact the subgrade or paving materials. Signing & Striping Pavement markers shall comply with Section 81-3, "Pavement Markers", of the 2018 Caltrans Standard Specifications (Caltrans) and the CA MUTCD (Latest Edition). Glass beads, paint for striping and pavement markings, and thermoplastic material shall comply with Section 84, "Markings", of the 2018 Caltrans Standard Specifications (Caltrans) and the CA MUTCD (Latest Edition). Temporary striping shall be Rapid Dry paint. Final striping material will be determined by the City. The Contractor shall include all costs associated with the restoration of disturbed signing and striping in the appropriate Bid items. Traffic Control The Contractor shall maintain a safe environment at all times. Appropriate State/City traffic control standards and/or policies shall be adhered to for all Work. All Contactor employees shall have access to and are well - versed with the use of the W.A.T.C.H manual (Work Area Traffic Control Handbook) at all times. Personnel, 10 vehicles, equipment, etc. shall be properly outfitted/equipped for the Work being performed. Any restrictions, due to the Work that cause travel ways to be less than State/City minimum requirement, shall have appropriate traffic control (in accordance with State specifications, policies, and procedures installed prior to the beginning of Work and remaining until all Work is completed to the satisfaction of the City. All traffic control, at a minimum, shall adhere to requirements of the Work Area Traffic Control Handbook (WATCH Manual). Contractor shall include cost associated with traffic control in the appropriate Bid item. NPDES Regulations The Contractor shall comply with all City, and applicable regulatory agency, regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management Practices. Contractor shall not discharge anything to the storm drain system or bodies of water. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor shall conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowledgement of adherence to these standards while performing work at the City. Protection of Existing Utilities The Contractor shall take all due precautionary measures to protect all existing utilities. When necessary, the Contractor shall have all utilities located by the responsible agency at least 48 -hours prior to commencing any excavation or utility impacting work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA) (800)-422-4133. Protection from Damage The Contractor shall protect all public and private property that is not part of Work. Contractor shall protect property and facilities adjacent to and within the work areas. The work area shall be safe, clean, and presentable condition, as determined by the City. All public or privately owned improvements and facilities shall be restored to their original condition and location, or better, using new material only. Contractor shall repair such damage at Contractor's sole expense. Nothing herein shall be construed to entitle the Contractor exclusive use of any public right-of-way or City property. Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies. Withholding of Payment In the event that deficiencies in the Work or non-compliance with applicable standards are determined by the City, the Contractor will have 24 hours from the time of notification to remedy said deficiency. Deductions from the monthly payment due for Work not performed will be based upon the bid worksheets, which are to be submitted at the time of bid plus mark-up. 11 IV. PRE -PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee(c)-sealbeachca.gov (562) 431-2527 ext. 1322 The City will respond to all questions and requests for clarification received by February 8, 2021. V. SCHEDULE The following dates reflect the anticipated schedule: ■ Request for Proposal Solicitation ■ Pre -Proposal Question Deadline ■ Proposal Submittal Deadline ■ Contractor Interview (if conducted) ■ Contract Award by City Council ■ Notice to Proceed VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals 1/19/2021 2/8/2021 2/15/2021, 2:OOp.m. March 2021 April 2021 April 2021 Proposals are due by 2:00 PM on February 15, 2021 to the following. Postmarks will not be accepted. Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee(cD-sealbeachca.Qov (562) 431-2527 ext. 1322 Please submit one (1) unbound original, two (2) bound hard copies, and one (1) electronic copy of the Contractor's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection 12 under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded. The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Contractor. All property rights, including publication rights of all reports produced by the selected Contractor in connection with services performed under this Agreement shall be vested in the City. Protest procedures and dispute resolution process shall follow 2 CFR Part 200.318(k), 23 CFR 172.5(c)(18). Information to be Submitted The following information shall be provided, at a minimum: Cover Letter Table of Contents Company Qualifications Local Staffing List Understanding/Approach References Sample Letter Proposal Cost Proposal Exceptions Business Entity DIR Registration Number/Contractor's License Contract Signatories Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm's authorized representative regarding this RFP. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Company Qualifications: Provide a summary of the Contractor's qualifications, including background and experience. Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub -Contractors. Identify the individual(s) authorized to negotiate the contract on behalf of the Contractor's firm and the Contractor's project manager. Understanding/Approach: Describe the Contractor's understanding of the Work requested in this RFP, any key issues that may need special attention. Describe how the Contractor will approach the scope of services and each task needed to complete the project. Any task assumptions and/or exclusions shall be clearly identified. References: Contractor should provide a minimum of five (5) references from public agencies the Contractor has performed work for within the last five (5) years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided, prime/sub-Contractor. 13 • Project outcome • Construction value • Dates • Client project manager name, valid telephone number, and email Sample Letter Proposal: Contractor will be required to submit a sample letter proposal providing a template of how the Contractor intends to respond to each Work request. Cost Proposal: Contractors will be required to submit a "Fee & Cost Proposal for On -Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services" as shown in Exhibit A. Additional labor/material rates may be provided in addition to Exhibit A. All rates shall remain for the term of the contract as permitted by law, unless specifically detailed as a supplement to Exhibit A. The Method of Payment of the Contract will be Time and Material. Exceptions: The Contractor shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City's standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). DIR Registration/Contractor's License: Clearly indicate the Contractor's Department of Industrial Relations registration number for the prime/sub-Contractor, and provide the Contractor and sub -Contractor's license information. Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. VII. FEE AND COST PROPOSAL In preparing the fee and cost proposal for this project, the Contractor shall take into consideration the following: 1. Compensation for services, and any optional tasks, provided will be on a time -and -materials. 2. Fee proposal and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal and shall not be made more than once each calendar year. 3. The Contractor's standard, overtime, and double-timing, billing rates for all classifications of staff likely to be involved shall be included with the fee proposal along with the mark-up rate for any expenses and sub - Contractors. Any anticipated fee adjustments shall be clearly noted. 4. The City will negotiate the final fee with the top-ranked Contractor, if necessary. 14 VIII. INTERVIEW Top ranked Contractor team(s) may be interviewed by the selection committee. Proposed key personnel from the Contractor's team may be requested to present the teams' and their qualifications at an interview. IX. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. 1. Completeness of Response (Pass/Fail) Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration. 2. Qualifications & Experience (35 points) a. Local Presence - A statement addressing firm's ability to respond in emergencies and effectively conduct the Work for the City based on the Firm's location. b. Relevant experience, specific qualifications, and technical expertise of the Contractor and sub -Contractors to perform the work. c. Experience working in a coastal community and urban environment. d. Contractors experience working in the public sector and knowledge of public sector procurement processes, in particular City of Seal Beach standards, processes, and policies. e. Quality of references from at least five (5) agencies the Contractor currently or have previously consulted for in the past five (5) years. 3. Organization & Approach (35 points) a. Contractors understanding of range of possible emergency and unexpected Work. b. Contractors ability to deploy the appropriate resources to promptly meet requested emergency and/or non -emergency Work. c. Contractor's availability to complete both small and large scale projects without the compromise of quality, cost, and/or time. d. Contractors ability to self -perform the requested Work, or forma quality sub -contracting 15 team. e. Contractor's understanding of the nature of public sector work and its decision-making process. 4. Fee (30 points) a. Cost proposal b. Quality of sample letter proposal The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. The City reserves the right to put non -emergency and pre -planned projects out for formal bidding. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Contractors should be aware that award may be made without Contractor visits, interviews, or further discussion or negotiations. X. SPECIAL PROVISIONS a. Normal working hours will generally be between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the City prior to commencing Work during hours outside those stated above. b. Contractor shall maintain an adequate crew of at least two experienced employees to perform the services required. c. Contractor will be required to supply a list of equipment owned and available for Work. d. Contractor will be required to supply a list of references for similar work performed. e. Contractor will be required to supply a list of sub -contractors, if applicable. f. Contractor will be required to supply additional experience references, if requested. g. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h. Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. 16 MA M-4 i. Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices. j. Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k. At any time prior to proposal due date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. I. Contractor shall protect any and all public and private property adjacent to work areas. Any damage resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. m. Contactor shall adhere to all Cal -OSHA rules and regulations for any and all Work performed under this Contract. n. Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. PERSONNEL The Contractor shall use and furnish all labor necessary for the satisfactory performance for the Work set forth in this Agreement. a. Contractor's Laborers The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times. b. Typical Tasks Contractor shall supply laborers with the necessary skills to perform duties in connection with pavement marking maintenance. c. Licenses Contractor shall possess a valid Contractor's "A" License issued by the Department of Consumer Affairs — Contractors State License Board by the time of proposal submittal and shall remain valid for the term of the Agreement. Contractor shall have a valid City of Seal Beach business license for the term of the Agreement, if selected. Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. d. Knowledge and Abilities The Contractor's representative shall have a general knowledge of the asphalt pavement industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner 17 EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the Work set forth in this Agreement. a. Vehicles Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. b. Maintenance All equipment used by the Contractor shall be maintained in a good operable mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. c. Storage of Equipment The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right-of-way or on any City property without written authorization from the City. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the Work. The foreman, or contractor representative, shall check with the City weekly as to (1) schedule of Work; (2) complaints; and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled Work. The foreman shall be onsite while work is in progress. Foremen shall have a minimum of five (5) years of experience in the asphalt pavement field. TELEPHONE, ELECTRONIC MAIL, AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the Contractor representative who can take the necessary action required to alleviate an emergency condition. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City business hours. Normal City business hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. Unless otherwise noted as an emergency, City will coordinate with Contractor to schedule the work with a minimum seven (7) -day prior notification. Contractor is required to provide the City with a 24-hour emergency number for contact outside normal business hours. The response to an emergency call -out by the Contractor 18 shall not be more than four (4) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. XI. GENERAL CONDITIONS A. Signature The Proposal shall be signed by an individual authorized to bind the Contractor. B. Other Considerations: The City shall not be liable for any pre -contractual expenses incurred by any firm considering submitting a proposal in response to this RFP. The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The Seal Beach Municipal Code requires all businesses operating in the City to obtain a business license and pay a business license tax. For more information, go to www. sea lbeachca.gov. D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Contractor shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project's compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. Contractor agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: "It shall be mandatory for the Contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the 19 i execution of this contract. The Contractor expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. The Department of Industrial Relations Registration Number shall be listed for the Contractor and each subcontractor, if any, in the bid proposal. 20 EXHIBIT B Contractor's Proposal February 08, 2020 City of Seal Beach 211 Eight Street Seal Beach, CA. Evaluation Criteria Qualifications and Experience Thank you for the opportunity to be a part of your On -Call Paving Bid opportunity. G.M. Sager Construction has been in business for over 40 years and is now a 2"d generation company. We are a good candidate for this project because we have years of experience performing paving repairs for utility divisions of local cities, and also for water districts who require paving repairs. We have been fortunate to maintain our customer base and take pride in our quality of work. Our workforce consists of approximately 37 employees consisting of Administration staff, mechanics, superintendents, Foremen, and general laborers. A. G.M. Sager is very familiar with Emergencies. We have completed multiple emergency repairs for Cities and Water Companies. Blow outs have been the most common source of emergency work for us. We can open a plant and be mobilized in a short amount of time. B. G.M. Sager has over 30 years of experience with emergency repairs and are very familiar with how to repair and restore paving, concrete, and subgrade failures as a result of an emergency. C. We have done work for Southcoast water district and have experience working adjacent to the coast. We have completed asphalt repairs in Laguna Beach, Dana Point, and Laguna Niguel. Some of these cities are very particular about what they want for their finished asphalt repairs and we were able to appease them and follow the specs. Also, we currently do work for Irvine Ranch Water District and perform work in Newport, Tustin, Silverado Canyon, Irvine, and Lake Forest. Also, we recently performed some asphalt work for the City of Seal Beach about 4 months ago in which the City was pleased. D. We are very familiar with working in the public sector. Our foremen have years of experience dealing with inspectors and following Construction specifications for multiple Cities and agencies. We typically keep specifications for all cities we work in inside a 3 ring binder for reference. We are used to working with the Procurement division within Cities and agencies and have experience with Docusign for signing contracts, task orders, or extensions of contracts. We have dealt with City of Seal Beach on 1 past contract. E. Please see the attached References. Organization and Approach A. G.M. Sager is familiar with the diverse emergency projects that can arise within a Contract. We like a challenge, and are confident that any project that you give to us - we will be able to complete. Furthermore, we will be able to assist in providing a best method of approaching the project. Our Foremen are very experienced and will know the best way to repair the streets and restore things to there proper order. B. G.M. Sager usually takes about 1.5-2 hours to mobilize a crew and have trucks, equipment, laborers, and material ready at a jobsite. C. G.M. Sager has experience with large and small projects. We are used to fixing small asphalt patches ranging from 50 SF to 100 SF, and have the capability to repair larger patches from 50,000 SF— 100,000 Sf. We can do full depth removal and replacement, or perform Milling and capping depending on the requirements. No matter what the size of the asphalt repair is, our quality of work is always the same. We are the best at what we do, and our work speaks for itself. D. G.M. Sager does most all of its work In-house. We do not Subcontract work unless it is out of our scope. Anything to do with Paving, Concrete, grading, Sealing, or striping - we do ourselves. E. We are very familiar with working in the public sector. We are used to the fast paced environment that comes with public works or the public sector, and understand how completing jobs in a timely manner is critical. We always make a best effort to complete the jobs that pertain to our clients in a timely manner and are used to following the requests of inspectors so everyone is happy. TABLE OF CONTENTS COVER LETTER -EVALUATION CRITERIA COMPANY QUALIFICATIONS LOCAL STAFFING REFERENCES FEES AND COST PROPOSAL UNDERSTANDING APPROACHIASPHALT REPAIR PROCESS BUSINESS ENTITY CONTRACTOR LICENSE/DIR NUMBER ADDENDUMS SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 1 1,9�174_ =8 t History - G.M. Sager Construction Company Inc. is a family owned construction company that has been in business for over 38 years. In the late 70's, Gary Sager started G.M. Sager Construction, as the only employee, performing small asphalt repairs. During that time, asphalt was broke with a sledge hammer and removed with a pick. The only equipment used was a small dump truck to transport asphalt and a walk behind roller for compaction. Night work was performed using head lights from an automobile. Today, G.M. Sager is a diversified general engineering construction business with technologically advanced construction equipment, 30-40 employees, and has a wide range of construction capabilities. G.M. Sager is centrally located in Pomona, California and does work in Los Angeles County, Orange County, and the Inland Empire. While most of the work that the business performs comes from cities and utility companies, some work comes through commercial, public and private sectors. Construction Capabilities 1) Asphalt Construction ■ "Patch Work" — G. M. Sager is known for our impeccable work performing asphalt Repairs. We take great pride in our craftsmanship and guarantee our patch repairs. ■ Trench line Paving ■ Parking lot Construction • Moratorium and Arterial Street Construction • Inlay Cap using rubberized materials • Street Grinding & Pulverizing • Slurry Seal — Type I and Type Il ■ Striping 2) Concrete Construction ■ Curb and Gutter Construction • Cross Gutter Construction • ADA Ramp Construction IN Bus Pad Construction • Sidewalk Construction ■ Reinforced Steel Construction • CMU masonry & block wall construction 3) Grading Construction • Rough Grading/Fine Grading for all soils types • Site Clean-up including spoils removals • MaterialImport/Export • Over excavations • Rock Base — Class II and Crushed Aggregate Base installation and compaction ■ Soils Testing 4) General Engineering (A) Contractors license G.M. Sager's general engineering contractor's license enables the company to have a broad range of capabilities. We have a wide array of subcontractors that we deal with on a regular basis enabling us to be competitive in price. The following is a list of construction services that we offer our clients. ■ Block Wall and Wrought Iron Construction • Traffic Signal and Traffic loop Construction • Landscaping and Irrigation • Thermoplastic Striping • Demolition Construction 5) Administration Personnel G.M. Sager has a strong administration and takes pride in its efficiency. Our number one priority is our customers, and we strive to do our best to appease their demands. Accounts Payable/Receivables is at the top of our list of priorities, and-we-do_Qur hest-to.provide our customers-with_timel-y_pay.ments-and-provide_invoices=on-time..P_roviding_proposals and quotes is equally important, and we are committed. Janice Lipscomb has been with G.M. Sager since 2000 and handles all Job Invoicing, is in charge of Human Resources, General Office & Safety Coordinator, and Insurance. Mary Ellen Sheppard has been with G.M. Sager since 2012 and handles all Proposal/Bid preparations, Work Orders, Field Communications, Account Receivables, Account Payables, Payroll Processing, Notary, and English/Spanish translation. 6) Company Location G.M. Sager is located off the 60 Fwy in Pomona, California. The current address Is 1380 S. East End Ave., Pomona, CA 91766. 7) Emersency Repair Services G.M. Sager is known for its excellent 24 hour emergency repair service. Any hour of the day or night, G.M. Sager can mobilize a crew and have a concrete/asphalt plant opened. Our specialty is helping local cities and municipalities with emergency leaks (blowouts) or asap repairs. G.M. Sager brings all necessary equipment to assist In-house crews with their repairs so they can get utilities back online. Typically, our job is to get the streets back in working condition in the shortest amount of time. SECTION 2 Michael Sager Chief Operations Officer, Vice President Education California State Polytechnic University, Bachelor of Science Civil Engineering, 2002 EIT Exam, 2002 General Engineering Contractors License, A, 2003 Experience Michael has over 18 years experience in Engineering and Construction with the last 15 years with G.M. Sager Construction Co., Inc. Engineering Don Howard Engineering, 2001-2002 Lee & Ro Inc. Environmental Engineering, 2002-2004 Construction G.M. Sager Construction Co., Inc. 2004 -Present Skills • Ability to multitask daily operations in the field and administration. • Ability to read plans and specifications for utility construction projects. • Ability to design projects with the use of automated drawing programs. • Ability to work efficiently with fellow employees and clients. • Ability to speak company objectives clearly and obtain its goals. • Ability to oversee and assist company functions of administration, project bidding and estimation, field crew operations, and equipment & maintenance upkeep. Experience: Skill: Francisco Tovar Field Supervisor, Safety Representative, Mechanic, Heavy Equipment Operator, Estimator, Project Manager Francisco Has Over 15 Years In The Asphalt & Concrete Construction Industry, The Last 8 Years At G.M. Sager Construction Co., Inc. Francisco Began to Attain His Abilities Working in the Asphalt & Concrete Business at a Young Age Working With Family & Friends He Went To Work in The Asphalt & Concrete Industry. Where He Learned All The Areas Of Asphalt Construction & Repair And The Repair And Operation Of All Paving Equipment, Including But Not Limited To: Skiploaders, Skidsteers, Paving Machines, Forklifts, Etc. As Well As Obtaining His Commercial Class A Driver's License. Francisco Is Skilled In All The Areas Of Asphalt & Concrete Construction, Landscaping And Operation Of Heavy Equipment. He Is Also Proficient In Safety/OSHA Requirements, Traffic Control Design, The Estimating & Calculating Of Labor & Materials Required In The Installation Of Hot Mix Asphalt, Crushed Aggregate Base, Concrete, Dirt, Etc. As Well As The Application of Slurry Coating And Street/Parking Lot Striping. He Came To G.M. Sager Construction Co., Inc. In 2011 And Worked His Way Up Through The Different Aspects And Levels Of Asphalt And Concrete Construction To Where He Is Today, A Supervisor & Manager. �a r Co int u Ing 1380 S. EAST END AVENUE, POMONA CA 91766 TEL. (909) 620-9987 ♦ FAX (909) 620-5288 LIC 0607796 ♦ DIR#1000010280 COMPANY FIELD STAFF Ramon De Alba (951) 232-4495 Jose Vega (951) 232-7935 Superintendent OR Project Manager 15 Years of Experience 31 Years of Experience Tony Rojas (951) 232-4974 Asphalt Crew Leader 22 Years of Francisco Tovar (909) 524-8554 Construction Supervisor Oscar Medina (951) 232-7109 Asphalt Crew Leader 6 Years of Efrain Torres Concrete Crew Leader 22 Years of Exnerience Gerardo Arreguin (951) 455-8863 Asphalt Crew Leader 20 Years of Rosalio Barragan (951) 232-4832 Asphalt Crew Leader 28 Years of Jose Garcia Concrete Crew Leader 16 Years of Experience COMPANY ADMINISTRATION STAFF Michael Sager Vice President (909) 620-9987 Estimating/Sales 16 Years of Experience MaryEllen Sheppard Janice Lipscomb Angela Satki (909) 620-9987 (909) 620-9987 (909) 620-9987 Accounts Payable Human Resources DIR-Processing Account Receivables 25 Years of Experience Invoicing HR/Payroll 2 Years of Experience 20 Years of Experience SECTION 3 not Ongoing Contracts Over 3 Yrs Azusa Light & Water Tel. (626) 812-5086 P.O. Box 9500, Azusa, Ca 91702-9500 Ken Godbey $ 250,000.00 per year Valley County Municipal Water District (626)338-7302 14521 Ramona Blvd., Baldwin Park, Ca 91706 Tom Mortenson $ 175,000.00 per year City of Chino Hills (909)364-2854 14000 City Center Drive, Chino Hills, CA 91709 Marl Wiley $ 500,000.00 per year Suburban Water Systems (626)703-6775 1325 N. Grand Ave, Suite 100, Covina, Ca 91724 Pat Pooler $ 600,000.00 per year Irvine Ranch Water District (714)329-8673 P.O. Box 57000, Irvine, CA 92619 Dave Crowe $450,000.00 per year Rowland Water District Tel. (562) 697-1426 3021 S. Fulleron Rd., Rowland HeightsCA 91748 Tom Coleman $175,000.00 per year Jurupa Community Services Dept. (951) 685-7434 11201 Harrel St., Mira Loma, Ca 91752 Dave Irish $ 350,000.00 per year Fontana Water (909)201-7321 P.O. Box 987, Fontana, CA 92334-0987 Daryl Arnett $650,000.00 per year Cucamonga Valley Water District (909)987-2591 10440 Ashford St., Rancho cucamonga, Ca 91729 Robert Koczko $ 125,000.00 per year Yorba Linda Water District (714)231-0258 913 S. Richfield Rd., Placentia, CA 92870 Harold Hulbert $150,000.00 per year SECTION 4 P/Na WW*# FEE & COST PROPOSAL FOR ON-CALL EMERGENCY AND UNEXPECTED TASK ASPHALT MAINTENANCE REPAIR SERVICES (additional lahor,1eyuipment1material rates may be added1cicn-yied with a separate (ittachment) MOBILIZATION COST $1,500.00 /TASK ORDER MINIMUM CALL OUT (in dollars orhours, if applicable) $1,500.00 EQUIPMENT NO. DESCRIPTION UNIT OF MEASURE UNIT PRICE DESCRIPTION E1 Pick -Up Truck HOUR $ 50.00 50.00 E2 Crew Truck HOUR $ 70.00 50.00 E3 Flatbed Truck HOUR $ 70.00 50.00 E4 Bed Trailer HOUR $ 0.00 50.00 E5 Bobcat HOUR $ 100.00 50.00 E6 Small Excavator HOUR $ 200.00 50.00 E7 Medium Excavator HOUR $ 200.00 50.00 E8 Large Excavator HOUR $ 300.00 >0 00 22 �� '� i7 lY!!� •irltCri�l, ArMN WN*i E9 Backhoe HOUR $ 90.00 90.00 E10 Dump Truck/Super 10 HOUR $ 125.00 1225.00 E11 Truck and Pup HOUR $ 100.00 100.00 E12 Water Truck HOUR $ 100.00 100.00 E14 Sweeper HOUR $ 200.00 200.00 E15 Wheel Loader HOUR $ 200.00 200.00 E16 Skip Loader HOUR $ 90.00 90.00 E17 Air Compressor w/Jack Hammer HOUR $ 30.00 3{f.00 E18 Hydraulic Breaker HOUR $ 90.00 90.00 E19 Asphalt Paver HOUR $ 350.00 350.00 E22 Compaction Wheel HOUR $ 100.00 100.00 E23 Wacker HOUR $ 30.00 30.00 E24 Vibratory Compactor HOUR $ 80.00 80.00 E25 Generator HOUR $ 30.00 30.00 E26 Sawcutter HOUR $ 200,00 200.00 23 w PMW wwts NO. DESCRIPTION STANDARD OVERTIME DOUBLE TIME LI Superintendent $ 70.00 $ 90.00 $ 120.00 L2 Project Manager $ 70.00 $ 90.00 $ 120.00 L3 Foreman/Operator $ 70.00 $ 90.00 $ 120.00 L4 Foreman/Laborer $ 70.00 $ 90.00 $ 120.00 L5 Operator $ 70.00 $ 90.00 $ 120.00 L6 Laborer $ 70.00 $ 90.00 $ 120.00 MATERIAL NO. DESCRIPTION UNIT PRICE MI AC $80.00 /TON M2 AB $100.00 /TON M3 Slurry Seal $3.00 /SF MIN. $4.800.00 M4 Concrete $600.00/CY 24 MARK-UP FOR ITEMS NOT NOTFn ARnvF NO. DESCRIPTION PERCENTAGE 01 Material 15 02 Equipment/Rental 15 % 03 Labor/Subcontractor is % ADJUSTMENTS Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. 25 SECTION S I ASPHALT REPAIR PROCESS 1. A 24-HOUR NOTICE MUST BE GIVEN TO THE PUBLIC WORKS INSPECTOR. 2. SET UP TRAFFIC CONTROL IN COMPLIANCE WITH THE "WORK AREA TRAFFIC CONTROL HANDBOOK". 3. SAW CUT A CLEAN, STRAIGHT, VERTICAL EDGE APPROXIMATELY 12" BEYOND THE EDGE OF THE REPAIR SECTION. ALL LIQUIDS GENERATED BY SAW CUTTING SHALL BE VACUUMED AND LEGALLY DISPOSED OF IN COMPLIANCE WITH THE FEDERAL CLEAN WATER ACT. SAW CUTTING MUST BE COMPLETED IN ADVANCE OF PAVEMENT REPAIR. 4. REMOVE THE REPAIR SECTION TO A DEPTH OF 1" GREATER THAN THE EXISTING PAVEMENT, BUT NO LESS THAN 4". 5. COMPACT SUBGRADE TO A MINIMUM OF 95% RELATIVE DENSITY. 6. APPLY AN EVEN SS1 HCOAT TO DRY AND CLEANED VERTICAL EDGES. 7. APPLY BASE COURSE USING (3/4") Pg 64-10 ASPHALT AND COMPACT TO MAXIMUM DENSITY, LEAVING COMPACTED SURFACE 1" BELOW FINISH GRADE. 8. ALLOW A MINIMUM OF 72 HOURS BEFORE APPLYING FINISH CAP, 9. APPLY AN EVEN HOT TACK COAT TO EDGES AND SURFACE TO BE CAPPED. 10. APPLY (1") FINISH CAP USING (3/8") Pg 64-10 ASPHALT AND COMPACT TO MAXIMUM DENSITY. 11. APPLY SEAL COAT TO FINISHED EDGES USING SS1 H EMULSION. 12. APPLY #30 SILICA SAND TO EDGES OF FINISHED PAVEMENT. 13. THE FINISH SURFACE SHALL EXHIBIT A SMOOTH, UNIFORM APPEARANCE, FREE OF VOIDS AND SEGREGATION. 14. TRAFFIC CONTROL IS TO REMAIN IN PLACE UNTIL THE NEW PAVEMENT IS ALLOWED TO COOL TO A POINT THAT IT CAN SUSTAIN MOTOR VEHICLES WITHOUT SCUFFING OR RUTTING. * PLEASE NOTE: ALL FINISHED REPAIRS SHALL BE WITHIN .125" OF EXISTING ASPHALT SURFACES. ALL PAVEMENT CONSTRUCTION SHALL BE COMPLETED WITHIN 14 DAYS OF "NOTICE TO PROCEED". 10 I 0 FF" . 'S - mil l _ _• /' , P :C .ads`_ •� ' ,�i tj►i � � 5 y s:' tWr,� UAl .t� A ra SECTION 6 r Secretary of State +. . Certificate of Status I ALEX PADILLA Secretary of State of the State of California hereby certify Entity Name: G,M. SAGER CONSTRUCTION CO., INC File Number: C1477372 Registration Date: 02/22/1990 Entity Type: DOMESTIC STOCK CORPORATION Jurisdiction: CALIFORNIA Status: ACTIVE (GOOD STANDING) As of January 10 2021 (Certification Date), the entity is authorized to exercise all of its powers. rights and privileges in California. This certificate relates to the status of the entity on the Secretary of State's records as of the Certification Date and does not reflect documents that are pending review or other events that may affect status. No information is available from this office regarding the financial condition. status of licenses, if any business activities or practices of the entity. IN WITNESS WHEREOF. I execute this certificate and affix the Great Seal of the State of California this day of January 11, 2021. �M*0MA 004 1 __T 4 MOO ALEX PADILLA Secretary of State Certificate Verification Number: RPPDKGR To verify the issuance of this Certificate use the Certificate Verification Number above with the Secretary of State Certification Verification Search available at bebizMe sos_c� ycwlcfrtan/�+ulex SECTION 7 Contractor Information Legal Entity Name G.M. SAGER CONSTRUCTION CO., INC. Legal Entity Type Corporation Status Active Registration Number 1000010280 Registration effective date 7/1/2019 Registration expiration date 6/30/2021 Mailing Address PO BOX 8097 LA VERNE 91750 CA United States ... Physical Address 1380 S. EAST END AVENUE POMONA 91766 CA ... Email Address Trade Name/DBA License Number(s) CSLB:607796 Legal Entity Information Corporation Number: C1477372 Federal Employment Identification Number: President Name: GARYSAGER Vice President Name: CAROLE SAGER Treasurer Name: CAROLESAGER Secretary Name: MICHAELSAGER CEO Name: GARY SAGER Agent of Service Name: GARY M SAGER Agent of Service Mailing Address: 17880 SKYPARK CIRCLE STE 120 IRVINE 92614 CA United States of America Workers Compensation Registration History Effective Date Expiration Date 6/13/2018 6/30/2019 6/21/2017 6/30/2018 6/14/2016 6/30/2017 7/7/2015 6/30/2016 2/17/2015 6/30/2015 7/1/2019 6/30/2021 Do you lease employees No through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email Insured by Carrier Policy Holder Name:G.M. SAGER CONSTRUCTION CO., INC.Insurance Carrier: GuideOne Mutual Insurance CoPolicy Number:01-0.007-042Inception date:12/31/2018 Expiration Date:12/31/2019 Home A CONTRACTORS STATE LICENSE BOARD Q QContractor's License Detail for License # 607796 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. a CS1.8complaintdiulosure is restricted bylaw(B&P 71246)0tNs entity is subject to public complaintdiulosure dick on link that will appear below for more Information. Click here (ora definition of disclosable actions. a Deity construction related civil judgments reported to CSLB are disclosed (up 7071.17). a Arbitrations a re not listed unless the contractor falls to comply with the terms.. a Due to workload, there may be relevant information that has not yet been entered into the board's license database This license is current and active. All information below should be reviewed. A • GENERAL ENGINEERING CONTRACTOR Data current as of 2/8/20212:30:03 PM Business Information G M SAGER CONSTRUCTION CO INC P 0 BOX 8097 LA VE RN E, CA 91T50 Business Phone Number:(909) 620-9987 Entity Corporation Issue Date 12/10/1990 Expire Date 11/31/2022 License Status Classifications Bonding Information Contractor's Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: SC947774 Bond Amount: $15,000 Effective Date: 01/01/2016 Contractor's Bond History Bond of Qualifying Individual The qualifying individual GARY MICHAEL SAGER certified that he/she owns 10 percent or more of the voting stock/membership i nterest of this company; therefore, the Bond of Qualifying Individual is not required. Effective Daft: 12/10/1990 Workers' Compensation This license has workers compensation insurance with the EVEREST PREMIER INSURANCE COMPANY Policy Number7600022057211 Ef6ecttve Date: 01/01/2021 Expire Date: 01/01/2022 Workers' Compensation History Other l Personnel listed on this license (current or disassociated) are listed on other licenses. Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification Copyright C) 2021 State of California SECTION 8 Department of Public Works February 8, 2021 Addendum No. 1 On -Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services Attention all Interested Parties: As the City of Seal Beach will be closed on February 15, 2021 in observance of Presidents' Day, proposals in response to the On -Call Emergency and Unexpected Task Asphalt Maintenance and Repair Services Request for Proposals shall be received by 2:00 p.m. on Tuesday, February 16, 2021. END OF ADDENDUM By order of the City of Seal Beach, Engineering Division Date Attachments None 1C Jjw"t.."`2 Saj_ � EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which 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 I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. A`ORDr CERTIFICATE OF LIABILITY INSURANCE DATE(MWOD/YYYY) TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 4/16/2021 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(les) 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 Irvine, CA 92612 a/CONN Ext), 949-417-9131 FAX No): 949-266-5982 E-MAIL ADDRESS: michelle.orton a icbrokers.com INSURE S AFFORDING COVERAGE NAICN www.edgewoodins.com woodins.com INSURER A : National Fire Insurance Co of Hartford 20478 INSURED 1 380 South East End Ave M Sager Construction CO., Inc. 1 Pomona CA 91766 INSURER B: Transportation Insurance Company 20494 INSURER C: Everest Premier Insurance Company 16045 INSURER D: Valley Fore Insurance Company 20508 INSURER E : Continental Insurance Company 35289 PREMISES Ea occurrence$100.000 INSURER F : rnumor-lc: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE vimPOLICY NUMBER MMIDD/YYYY MM/DD/YYYY LIMITS A MERCIALGENERALLIABILITY ✓ 5095057881 4/19/2021 4/19/2022 CLAIMS-MADEL41 OCCUR JV/PD'Ded/Occ EACH OCCUSTORRENCE $1,000,000 PREMISES Ea occurrence$100.000 - $5,000 MED EXP (Any one person) $15,000 PERSONAL 8 ADV INJURY $1,000,000 GEN'LAGGREGATELRO-IMIT ----- PER. 'u GENERALAGGREGATE $2,000,000 PRODUCTS-COMP/OPAGG $2,000000 POLICY'' PRCOT- LOC OTHER: I$ B AUTOMOBILELIABILITY 1 6024265839 4/19/2021 4/19/2022 Ea and d tSINGLE LIMIT $1,000,000 ✓ ANY AUTO BODILY INJURY (Per person) ! $ OWNED SCHEDULED I BODILY INJURY (Per accident)' $ 'AUTOS ONLY AUTOS HIRED NON -OWNED ✓ AUTOS ONLY ✓ AUTOS ONLY PROPERTY DAMAGE $ Per accident $ EACH OCCURRENCE $ 3,000000 E �/ UMBRELLA LIAB ,/ occuR 6024265856 4/19/2021 4/19/2022 EXCESS LIAB CLAIMS -MADE' AGGREGATE s3,000,000 DED ✓ RETENTION $10,000 C WORKERS EMPLOYCOMPENSATION EMPLOYERS' ANDEMPLOYERS' LU\BILITY 7600022057211 1/1/2021 1/1/2022 PER OTH- ✓ STATUTE ' ER Y / N OFFICEANYPRR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? E.L. EACH /M EMB � N/Ai , ACCIDENT $ 1,000,000 Mandatory in NH) it yes, describe under i E.L. DISEASE - EA EMPLOYEE $ 1,00Q,000 DESCRIPTION OF OPERATIONS below D Rented/Leased Contractors 6024265811 4/19/2021 4/19/2022 E.L. DISEASE - POLICY LIMIT $1.000.000 $200,000 per item subject to a $1,000 Ded Equipment DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required( 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 perform 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. All where required by written contract and subject to all policy terms and conditions. 30 Day Advance Notice of Cancellation, 10 Day for Non Premium -Payment of CFRTIFIreTF unl n=o City of Seal Beach 211 Eighth Street Seal Beach CA 90740 ACORD 25 (2016/03) UANGELLATION 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 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 61254290 1 +2021-2022 Master Certificate I Michelle Orton 1 4/16/2021 1:32:43 PM (PDT) I Page 1 of 4