HomeMy WebLinkAboutCC AG PKT 2009-01-12 #RAGENDA STAFF REPORT
DATE: January 12, 2008
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Vince Mastrosimone, Director of Public Works
SUBJECT: RECEIVE AND FILE AGREEMENT FOR A PORTION
OF TEMPORARY FIRE STATION
SUMMARY OF REQUEST:
It is respectfully requested that the City Council receive and file the signed
agreement with Garcia Juarez Construction Inc.
BACKGROUND:
The City Council previously approved relocation of Station No. 48 to Leisure
World during the demolition and reconstruction of a new fire station. There is
considerable work and expense associated with the assembly of a temporary fire
station including but not limited to:
Relocation and set up of OCFA trailers $12,000
Purchase and installation of tents for vehicles $15,000
Electrical Utility Work $ 9,000
Site work $11,500
Water and Sewer work $15,300
Motorized gate $ 5,000
Lease of additional trailer $10,600
Construction Management and Inspection 8 000
Total Estimated Costs $86,400
The Agreement herein was approved by the City Manager under the authority
granted to him by the City Council and in conformance with the City Charter and
Municipal Code. The Agreement and the additional information are presented to
make the City Council aware of this aspect of the overall Fire Station project.
Agenda Item R
Page 2
FINANCIAL IMPACT:
The Temporary Fire Station expenses will be folded into the overall Fire Station
construction financing. No appropriation is requested at this time.
RECOMMENDATION:
It is respectfully requested that the City Council receive and file the signed
agreement with Garcia Juarez Construction Inc.
SUBM,TTED B
Vince Mastrosimone
Director of Public Works
NOTED AND APPROVED:
8~~,
David Carmany, City Manager
Attachments:
A. Agreement
AN AGREEMENT FOR
TE1~IPORARY FIRE STATION NO. 48
WATER AND SEWER LINE INSTALLATION
BG0903
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Garcia Juarez Construction, Inc.
P.O. Box 309
Brea CA 92822-0309
THIS AGREEivIENT is made and entered into this '.~", day of December, 2008 by and
between the City of Seal Beach, a California charter city ("City"), and Gazcia Juarez
Construction, Inc., a California Corporation ("Contractor").
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_ RECITALS
WHEREAS, the City Engineer has approved the plans and specifications for the TEMPORARY
PIKE STATION N0.48 WATER AND SEWER L iNE L~iSTALLATION ("Project");
WHEREAS, Contractor has submitted a proposal to City for the Project dated December 16,
2008.
NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained, the parties hereto agree as follows:
AGREEMENT
1. Contractor's Services
1.1 Scone and Level of Services. For and in consideration of the mutual
promises set forth herein, and subject to the terms and conditions set forth in this Agreement,
Contractor shall perform and complete in good and workmanlike manner all work ("Work")
required by this Agreement and the documents listed in Subsection 1.2 for the Project.
1.2 Contract Documents. The "Contract Documents" that comprise the
agreement between the City and the Contractor are the: Accepted Proposal, Standard
Specifications for Public Works Construction, latest edition and documents referenced therein,
this Agreement, Exhibits attached to this Agreement, including but not limited to the
Performance Bond (Exhibit A), Payment Bond (Exhibit B), Worker's Compensation Insurance
Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and
Civil Penalties Concerning Contractor Licensing Laws (Exhibit E) and Labor Law Requirements
(Exhibit F) and any and all supplemental agreements executed amending or extending the work
contemplated and that may be required to complete the work in a substantial and acceptable
manner These Contract Documents aze hereby incorporated into this Agreement.
1.3 The Work shall be performed in accordance with the Plans, Specifications
and other Coniract Documents. Contractor shall famish at its own expense all labor, materials,
equipment and services necessary therefore, except such labor, materials, equipment and services
as aze specified in the Contract Documents to be famished by Owner.
1.4 In the event of any material discrepancy between the express provisions of
thts Agreement and the provisions of the other Contract Documents, the provisions of this
Agreement shall prevail.
2. Effective Date. This Agreement is effective as of ~1~,2~'k'^rfr`r~~~'S?~` (the
'`Effective Date', and shall remain in full force and effect until Contractor has rendered the
services required by this Agreement.
3. Pavment. For performing and completing the work in accordance with the
Contract Documents, Owner shall pay Contractor, in full compensation therefor, the contract
sum set forth in the Contractors Proposal date December 16, 2008. Satd sum shall constitute
payment in full for all work performed hereunder, including, without limitation, all labor,
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materials, equipment, tools and services used or incorporated in the work, supervision,
administration, overhead, expenses and any and all other things required, famished or intoned
For completion of the work as specified in the Contract Documents. Owner shall make payments
to Contractor on account of the contract sum at the time, in the manner, and upon the conditions
specified in the Contract Documents.
4 Contractor's Personnel.
4.1 All Work shall be performed by Contractor or under Contractor's direct
supervision, and all personnel shall possess the qualifications, permits, and licenses required by
State and local law to perform such Services, including, without limitation, a City of 5ea1 Beach
business license as required by the Seal Beach Municipal Code.
4.2 Contractor shall be responsible for payment of all employees' wages and
benefits, and shall comply with all requirements pertaining to employer's liability, workers'
compensation, unemployment insurance, and Social Security. Contractor shall fully comply with
the workers' compensation law regarding Contractor and Contractor's employees.
4.3 Contractor shall indemnify and hold harmless City and its elected
officials, officers and employees, servants, designated volunteers, and agents serving as
independent contractors in the role of city officials, from any and all liabilities, damages, claims,
costs and expenses of any nature to the extent arising from Contractor's alleged violations of
personnelpracrices.
4.4 Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or liability
on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall
have control over the conduct of Contractor or any of Contractor's employees, except as set forth
in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of
its officers, agents, or employees aze in any manner employees of City. Contractor shall pay all
required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City
harmless from any and all taxes, assessments, penalttes, and interest asserted against City by
reason of the work performed pursuant to this Agreement.
4.5 City shall have the right to offset against the amount of any fees due to
Contractor under this Agreement any amount due to City from Contractor as a result of
Contractor's failure to promptly pay to City any reimbursement or indemnification arising under
this Section 4.
5. Indemnification.
5.1 Contractor's Dutv. Contractor shall indemnify and hold the City, its
elected officials, officers, employees, volunteers, agents, and those City agents serving as
independent contractors in the role of City officials (collectively "Indemnitees'~ free and
harmless from any and all claims, damages, penalties, obligations, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including without limitation wrongful death, bid protests, and stop notice actions, in any mamier
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arising out of or incident to the performance of the Agreement, including without limitation the
payment of all consequential damages and attorneys fees and other related costs and expenses.
Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense
and risk, to defend any and all such suits, actions or other legal proceedings of every Isirtd arising
out of or incident to the performance of the Agreement that may be brought or instituted against
Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding
arising out of or incident to the performance of the Agreement. Contractor shall reimburse the
City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them
in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by the City or the
other Indemnitees.
5.2 Nonwaiver ofRiehts. Indemnitees do not, and shall not, waive any tights
that they may possess against Contractor because of the acceptance by City, or the deposit with
City, of any insurance policy or certificate required pursuant to this Agreement.
5.3 Waiver of Riatrt of Subrogation. Contractor, on behalf of itself and all
parties claiming under or through it, hereby waives all rights of subrogation against the
Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities
arising out of or incident to activities or operations performed by or on behalf of the hzdemnitor.
5.4 Survival. The provisions of this Section 5 shall survive the termination of
the Agreement and aze in addition to any other rights or remedies that Indemnitees may have
under the law. Payment is not required as a condition precedent to an Indemnitee's right to
recover under this indemnity provision, and an entry of judgment against an Contractor shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
6. Insurance.
6 1 Liability Insurance. Contractor shall procure and maintain in full force
and effect for the duration of this Agreement insurance against claims for injuries to persons or
damages to property and professional negligence which may arise from or in connection with the
performance of the services hereunder by Contractor, and its agents, representatives, employees
and subconsultants. Contractor shall complete and execute the following documents attached as
Exhibits hereto and incorporated herein by this reference:
General Liability
Liability
6.1.1 Exhibit D-1: Additional Insured Endorsement -Commercial
6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobrle
6 1.3 Exhibit D-3: Additional Insured Endorsement
6.2 Minimum Scone of Insurance. Unless otherwise approved by City,
coverage shall beat least as broad as:
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6.2.1 Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
6.2.3 Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
6.2.4 Professional Liability insurance. Contractor shall provide to
City the standazd form issued by the carrier.
than
6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less
6.3.1 General Liability: $1,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property damage. Commercial General Liability
Insurance or other form with a general aggregate limit shall apply sepazately to this Agreement
or the general limit shall be twice the required occurrence limit.
6.3.2 Automobile Liability: $1,000,000 per accident for bodily
injury and property damage.
6.3.3 Employer's Liability: 51,000,000 per accident and in the
aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount
required by law.
6.4 Deductibles and Self-Insured Retentions. Contractor shall inform City of
any deductibles orself-insured retentions except with respect to professional liability insurance.
6.5 Other Insurance Provisions. The genera] liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
6.5.1 City, its officers, officials, employees, designated volunteers
and agents serving as independent contractors in the role of city or agency officials, are to be
covered as additional insureds as respects: liability arising out of activities performed by or on
behalf of Contractor; products and completed operations of Contractor; premises owned,
occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor.
The coverage shall contain no limitations on the scope of protection afforded to City, its officers,
officials, employees, designated volunteers or agents serving as independent contractors in the
role of city or agency officials which aze not also limitations applicable to the named insured
6.5.2 For any claims related to this Agreement, Contractor's
insurance coverage shall be primary insurance as respects City, its officers, officials, employees,
designated volunteers and agents serving as independent contractors in the role of city or agency
officials Any insurance or self-insurance maintained by City, their officers, officials,
employees, designated volunteers or agents serving as independent contractors in the role of city
or agency officials shall be excess of Contractor's insurance and shall not contribute with it.
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6.5.3 Contractor's insurance shall apply sepazately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
6.5.4 Each insurance policy required by this clause shall be endorsed
to state that coverage shall not be canceled or materially modified except after 30 days prior
written notrce by first class mail has been given to City.
6.5.5 Each insurance policy, except for the professional liability
policy, required by this clause shall expressly waive the insurer's right of subrogation against
City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and
agents serving as independent contractors in the role of city or agency officials.
6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII unless waived in writing by City's Risk
Manager.
6.7 Verification of Coveraee. All insurance coverages shall be confirmed by
execution of endorsements on forms approved by the City. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All endorsements aze to be
received and approved by City before services commence. As an alternative to City forms,
Contractor's insurer may provide complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications.
7. Liquidated Damaees. Should the Contractor fail to complete the project, or any
part thereof, within ten (10) working days, the Contractor shall reimburse the Owner for the
additional expense and damage for each calendar day that the Contract remains uncornpleted
after the Contract completion date. It is agreed that the amount of such additional expense and
damage incurred by reason of failure to complete the Contract is the per diem rate $100 per
calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the
Owner resulting from the failure of the Contractor to complete the project within the allotted
time and to the value of the operation of the works dependent thereon. It is expressly understood
and agreed that this amount is a reasonable amount and is established in lieu of damages that aze
incapable of calculation at the inception hereof; and this amount is not to be considered in the
nature of a penalty. The Owner shall have the right to deduct such damages from any amount
due, or that may become due to the Contractor, or the amount of such damages shall be due and
collectible from the Contractor or the Contractor's Surety. Progress payments made after the
scheduled completion date shall not constitute a waiver of liquidated damages.
8. Suspension. City may, in writing, order Contractor to suspend all or any part of
the Contractor's Services for the convenience of City or for work stoppages beyond the control
of City or Contractor. A suspension of the Services does not void this Agreement.
9. Notices. Any notices, bills, invoices, or reports authorized or required by this
Agreement shall be in writing and shall be deemed received on (a) the day of delivery if
delivered by hand or overnight courier service during Contractor's and City's regulaz business
hours or by facsimile before or during Contractor's regular business hours; or (b) on the third
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business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this Section. All notices shall be
addressed as follows:
If to City: City Clerk
City of Seal Beach
211 8th Street
Seal Beach, California 90740
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:
Public Works Director
City of Seal Beach
211 8th Street
Seal Beach, California 90740
If to Contractor: Garcia Juarez Construction, Inc.
P.O. Box 309
Brea CA 92822-0309
Telephone: 562.984.7340
Fax: 562.984.7341
10. Non-Assi nt.~bility: Subcontractins. Contractor shall not assign, transfer, or
subcontract any interest in this Agreement or the performance of any of Contractor's obligations
hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or
obligations arising hereunder shall be null, void and of no effect.
11. Compliance with Laws. Contractor shall comply with all applicable federal, state
and local laws, ordinances, codes and regulations in force at the time Contractor performs the
Services.
12. Non-Waiver of Terms. Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of any
other condition of performance under this Agreement. In no event shall the making by City of
any payment to Contractor constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the pazt of Contractor, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy available to City
with regazd to such breach or default.
13. Attomevs' Fees. In the event that either party to this Agreement shall commence
any legal action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including all attorneys' fees incurred in connection with such enforcement or interpretation.
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14. Construction. The validity, interpretation, and performance of this Agreement
shall be controlled by and construed under the laws of the State of California. In the event of any
asserted ambiguity in, or dispute regazding the interpretation of any matter herein, the
interpretation of this Agreement shall not be resolved by any rules of interpretation providing for
interpretation against the party who causes the uncertainty to exist or against the party who
drafted the Agreement or who drafted that portion of the Agreement.
15. Entire Agreement. Tltis Agreement, including any other documents incorporated
herein by specific reference, represents the entire and integrated agreement between Contractor
and City. This Agreement supersedes all prior oral or written negotiations, representations, or
agreements. This Agreement may not be amended, nor any provision or breach hereof waived,
except in a writing signed by the parties which expressly refers to this Agreement
1N WITNESS WHEREOF, the parties, through their respective authorized
representatrves, have executed this Agreement as of the date first wri~,tGp above.
CITY OF SEAL BEACH
City Manager Name: ,_-I~ r~ Te,.uQCSo>
Title: ~S,~eK ~
Attest:
By: By:
in aDevine,CityClerk Nam . ~iy~~,5~
Title: 5~,
Approved as to Form:
By:
Quinn M. Barrow, City Attorney
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GARCIA JUAREZ CONSTRUCTION, INC.
P.O. BOX 309 - BREA, CA 92822-0309
December 16, 2008
City of Seal Beach
City Hall
211 Eight Street
Seal Beach, CA, 90740
Attention: Mr. Harlin Cheatwood
Sent via email: hcheatwoodCa~ci.seal-beach.ca.us
Reference: Leisure World Fire Department Sewer Connection
Deaz Mr. Cheatwood,
Garcia Juarez Construction, Inc (GJC) is pleased to provide the City of Seal Beach, with the
following cost proposal for the sewer connection project at Leisure World Seal Beach.
Scope of Work: Connect to existing sewer per City of Seal Beach Standazds; Construct 75' of 6"
VCP sewer lateral with Z clean outs per City Standazds and provided drawing; Provide
approximately 60' of 1" Schedule 80 waterline in same trench; Restore street and sidewalk per
City Standards; To be constructed in accordance with instructions and drawings in a
workmanlike manner for the lump sum of: $14,900.00.
Please note the following exclusions
• Survey and construction staking
• All unmarked utilities
• All permits
• Video of sewer lateral
If you should have any questions, please do not hesitate to call at your earliest convenience.
Sincerely,
/s/
Raffle Yeremian
Project Manager
Accepted