HomeMy WebLinkAboutCC AG PKT 2009-01-26 #MAGENDA STAFF REPORT
DATE: January 26, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Vince Mastrosimone, Director of Public Works
SUBJECT: APPROVE AN AGREEMENT WITH AMG &
ASSOCIATES, INC. FOR THE DEMOLITION OF
EXISTING FIRE STATION #48 AND CONSTRUCTION
OF NEW FIRE STATION, PROJECT NO. BG0803.
SUMMARY OF RE(~UEST:
It is respectfully requested that the City Council adopt Resolution No. 5835
finding the bid submitted by Colorado Structures Inc. is non-responsive and
approving an Agreement with AMG & Associates, Inc. of Santa Clarita, California
for $3,898,909 for the Demolition of Existing Fire Station and Construction of
New Fire Station, Project No. BG0803.
BACKGROUND:
On November 10, 2008, the City Council authorized staff to solicit bids for this
project. On January 8, 2008, 17 bids were received and opened by the City
Clerk. The lowest responsible bid was submitted by AMG &Associates, Inc.
The Construction Manager, Willdan, has reviewed and approved the
qualifications and references of this bidder. Therefore, staff is recommending
approval of the Agreement. Construction time for this project is 260 working
days, or about 1 year from the time the Notice to Proceed is issued.
Colorado Structures Inc. DBA CSI Construction Company of Irvine California
submitted the apparent lowest bid at $3,885,000. A review of the bid submittal
and interview with the company revealed that they failed to list all of the
subcontractors who will perform work or labor or render service to the general
contractor in an amount in excess of one-half of one percent as required by
Public Contract Code section 4104 (a). Therefore, staff recommends their bid be
deemed non-responsive as it does not substantially conform to the specifications.
Agenda Item M
Page 2
FINANCIAL IMPACT:
The project amount of $3,898,909 will be financed by Seal Beach Public
Financing Authority Lease Revenue Bonds, Series 2009.
RECOMMENDATION:
It is respectfully recommended that the City Council adopt Resolution No. 5835
finding the bid submitted by Colorado Structures Inc. is non-responsive and
approving an Agreement with AMG & Associates, Inc. of Santa Clarita, California
for $3,898,909 for the Demolition of Existing Fire Station and Construction of
New Fire Station, Project No. BG0803.
SUBMI D
Vince Mastrosimone
Director of Public Works
NOTED AND APPROVED:
~d~~
David Carma y, City Manager
Attachments:
A. Bid Summary
B. Agreement
C. Resolution No. 5835
RESOLUTION NUMBER 5835
RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING A CONTRACT TO AMG & ASSOCIATES, INC. FOR
THE DEMOLITION OF AN EXISTING FIRE STATION AND
CONSTRUCTION OF NEW FIRE STATION, PROJECT NO.
B0903 AND APPROVING PLANS AND SPECIFICATIONS
THEREFOR
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. The City Council of the City of Seal Beach, a charter city ("City'),
hereby approves and adopts the plans and specifications for Project No. 80903
(Fire Station) dated November 10, 2008 ("Project"), with respect to design
criteria. Copies of the plans and specifications are on file in the City's Public
Works Department.
Section 2. The City invited bids for the Project. The City received and opened
17 bids for the Project on January 8, 2009. Colorado Structures Inc. DBA CSI
Construction Company of Irvine California ("CSI") submitted the apparent lowest
bid at $3,885,000. AMG & Associates, Inc. of Santa Clarita, California ("AMG")
submitted the second lowest bid at $3,898,909.
Section 3. CSI's bid failed to list all of the subcontractors who will perform
work or labor or render service to the general contractor in an amount in excess
of one-half of one percent as required by Public Contract Code section 4104 (a).
Based upon the foregoing, the City Council hereby finds that the bid submitted
by CSI is non-responsive.
Section 4. A bid protest dated January 23, 2009 was submitted to the City on
January 26, 2009, asserting that "multiple errors and omissions [exist in the bids
of CSI and AMG] which render the bids non-responsive." The City has reviewed
each of the allegations in the protest and AMG's bid in light thereof, and the
Council hereby finds that there are no material errors and omissions that render
AMG's bid non-responsive. Further, the City Council may waive any irregularities
or informalities in the bidding. Any irregularity or informality in the bid does not:
(a) affect the amount of AMG's bid; (b) give AMG an advantage over other
bidders; (c) create a potential vehicle for favoritism; (d) influence potential
bidders to refrain from bidding; or (e) affect the ability to make bid comparisons.
Because he City Council has determined that none of these factors are present,
it would be in the best interests of the City to accept the lowest responsive bid for
the Project. Accordingly, the City Council hereby waives any irregularities or
informalities in AMG's bid.
Section 5. Upon reviewing the bids submitted for the work to be performed
pursuant to contract and said plans and specifications, the City Council hereby
rejects the bid from CSI as non-responsive and finds that AMG has submitted
the lowest responsive bid for the Project. The bid of AMG is hereby accepted in
the total amount of $$3,898,909.00.
Section 6. The City Council hereby approves that certain Agreement, dated
January 26, 2009 with AMG & Associates, Inc. of Santa Clarita, California for
$3,898,909 for the Demolition of Existing Fire Station and Construction of New
Fire Station, Project No. B0903.
Section 7. The City Council independently reviewed and considered the
contents of the staff report, the bids, supplemental material and correspondence
submitted to the Council. The Council's decision herein was reached via its own
independent judgment and on the basis of all facts and evidence before it. The
Council's decision is based upon each of the totally independent and separate
Resolution Number 5835
findings above, each of which stands alone as a sufficient basis for its decision
to award the contract to AMG.
Section 8. The City Council hereby authorizes the City Manager to execute
the agreement. The City Manager or his designee shall administer the terms of
the Agreement on behalf of the City.
Section 9. The City Clerk shall furnish a copy of said Agreement after it has
been approved and fully executed by the City, along with a copy of this
resolution, to: AMG & Associates, Inc. of Santa Clarita, California.
Section 10. The City Clerk shall certify to the adoption of this Resolution and
shall cause this Resolution and her certification to be entered in the Book of
Resolutions of the Council of this City.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 26th day of January , 2009 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5835 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 26th day
of _ January , 2009
City Clerk
City of Seal Beach
Fire Station No. 48
Bid Summary
FIRM BASE BID ABOVE LOW ALT 1 ALT 2
CSI Construction $ 3,885,000.00 $ 30,000.00 $ 9,650.00
AMG & Associates, $ 3,898,909.00 $ 13,909.00 $ 10,000.00 $ 56,000.00
Great West $ 4,199,000.00 $ 314,000.00 $ 7,500.00 $ 6,500.00
PCN3 $ 4,217,053.00 $ 332,053.00 $ 15,000.00 $ 49.650.00
Construction 1 One $ 4,245,585.00 $ 360,585.00 $ 15,000.00 $ 5,600.00
ZH Construction $ 4,379,000.00 $ 494,000.00 $ 10,000.00 $ 10.000 00
Gonzales Construction $ 4,404,323.00 $ 519,323.00 $ 40,000.00 $ 8,428.00
PW Constructionlnc. $ 4,464,000.00 $ 579,000.00 $ 23,000.00 $ 15,000.00
Western Alta $ 4,480,695.00 $ 595,695.00 $ 31,400.00 $ 15,900.00
U S S Cal Builders Inc. $ 4,485,000.00 $ 600,000.00 $ 30,000.00 $ 45,000.00
Harbor Construction $ 4,588,000.00 $ 703,000.00 $ 20,000.00 $ 5,000.00
The Richardson Group $ 4,590,443.00 $ 705,443.00 $ 25,452.00 $ 16,862.00
NSA Construction S 4,898,000.00 $ 1,013,000.00 $ 40,000.00
Woodcliff Corporation $ 5,275,000.00 $ 1,390,000.00 $ 25,000.00 $ 6,000.00
The MSH $ 5,287,916.00 $ 1,402.916.00 $ 52,000.00 $ 11,650.00
FEI Enterprises Inc. $ 5,380,000.00 $ 1,495,000.00 $ 775.00 $ 1,000.00
United Contractors $ 5,623,000 00 $ 1,738,000.00 $ 100,000.00 $ 60,000.00
Averag $ 4,605,936.71 $ 27,948.65 $ 20,140.00
Media $ 4,650,995.25 $ 27,820.44 $ 20,839.33
Agenda Item *M
"DEMOLITION & CONSTRUCTION OF
EXISTING FIRE STATION #48"
Project #BG0803
Award of Contract will be delivered
under separate cover
AN AGREEMENT FOR
DEMOLITION OF EXISTING FIRE STATION AND
CONSTRUCTION OF NEW FIRE STATION
PROJECT NO. BG0803
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
AMG & Associates, Inc.
26470 Ruether Avenue, Suite 108
Santa Clarita CA 91350
661.251.7401
THIS AGREEMENT is made and entered into this 26th day of January, 2009, by and between
the City of Seal Beach, a California charter city ("City"), and AMG & Associates, Inc., a
California Corporation ("Contractor").
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RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for the
Demolition of the Existing Fire Station and Construction of a New Fire Station with
respect to design criteria.
B. WHEREAS, Contractor has submitted a bid to City for the Project on January 6, 2009
("Exhibit G"), which exhibit contains, among other things, provisions defining the
Project scope and the cost associated with such Project scope.
NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained, the parties hereto agree as follows:
AGREEMENT
1. Contractor's Services.
1.1 Scope and Level of Services. For and in consideration of the mutual
promises set forth herein, and subject to the terms and conditions set forth in this Agreement,
Contractor shall 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: Notice Inviting Bids, Instructions to
Bidders, Accepted Proposal, Non-Collusion Affidavit, Bid Schedule(s), List of Subcontractors,
Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms
for Check or Bond, Specifications, General and Special Provisions and documents referenced
therein, all addenda as prepared prior to the date of bid opening setting forth any modifications
or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement,
including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B),
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 are hereby incorporated into
this Agreement.
1.3 The Work shall be performed in accordance with the Plans, Specifications
and other Contract Documents. Contractor shall furnish at its own expense all labor, materials,
equipment and services necessary therefore, except such labor, materials, equipment and services
as are specified in the Contract Documents to be furnished by City.
1.4 In the event of any material discrepancy between the express provisions of
this Agreement and the provisions of the other Contract Documents, the provisions of this
Agreement shall prevail.
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2. Effective Date. This Agreement is effective as of January 26, 2009 (the
"Effective Date"), and shall remain in full force and effect until Contractor has rendered the
services required by this Agreement.
3. Payment. For performing and completing the work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the contract sum
set forth in the Bidding Schedule. Said sum shall constitute payment in full for all work
performed hereunder, including, without limitation, all labor, materials, equipment, tools and
services used or incorporated in the work, supervision, administration, overhead, expenses and
any and all other things required, furnished or incurred for completion of the work as specified in
the Contract Documents. City shall make payments to Contractor on account of the contract sum
at the time, in the manner, and upon the conditions specified in the Contract Documents.
4. Contractor's Personnel.
4.1 All Work shall be performed by Contractor or under Contractor's direct
supervision, and all personnel shall possess the qualifications, permits, and licenses required by
State and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such
Services, including, without limitation, a City of Seal Beach business license as required by the
Seal Beach Municipal Code.
4.2 Contractor shall be responsible for payment of all employees' wages and
benefits, and shall comply with all requirements pertaining to employer's liability, workers'
compensation, unemployment insurance, and Social Security. Contractor shall fully comply with
the workers' compensation law regarding Contractor and Contractor's employees.
4.3 Contractor shall indemnify and hold harmless City and its elected
officials, officers 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 personnel practices.
4.4 Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or liability
on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall
have control over the conduct of Contractor or any of Contractor's employees, except as set forth
in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of
its officers, agents, or employees are in any manner employees of City. Contractor shall pay all
required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City
harmless from any and all taxes, assessments, penalties, and interest asserted against City by
reason of the work performed pursuant to this Agreement.
4.5 City shall have the right to offset against the amount of any fees due to
Contractor under this Agreement any amount due to City from Contractor as a result of
Contractor's failure to promptly pay to City any reimbursement or indemnification arising under
this Section 4.
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5. Indemnification.
5.1 Contractor's Duty. 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 manner
arising out of or incident to the performance of the Agreement, including without limitation the
payment of all consequential damages and attorneys fees and other related costs and expenses.
Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense
and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising
out of or incident to the performance of the Agreement that may be brought or instituted against
Indemnitees. With respect to any and all suits, actions or other legal proceedings of every kind
arising out of or incident to any bid protest, Contractor shall reimburse the City for all attorney
fees and costs incurred by City in connection therewith. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City or the other Indemnitees in any
such suit, action, or other legal proceeding arising out of or incident to the performance of the
Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by Contractor.
5.2 Nonwaiver of Ri hg_ts. Indemnitees do not, and shall not, waive any rights
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 Right of Subro ag tion. Contractor, on behalf of itself and all
parties claiming under or through it, hereby waives all rights of subrogation against the
Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities
arising out of or incident to activities or operations performed by or on behalf of the Indemnitor.
5.4 Survival. The provisions of this Section 5 shall survive the termination of
the Agreement and are in addition to any other rights or remedies that Indemnitees may have
under the law. Payment is not required as a condition precedent to an Indemnitee's right to
recover under this indemnity provision, and an entry of judgment against a Contractor shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
6. Insurance.
6.1 Liability Insurance. Contractor shall procure and maintain in full force
and effect for the duration of this Agreement insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the services
hereunder by Contractor, and its agents, representatives, employees and subconsultants.
Contractor shall complete and execute the following documents attached as Exhibits hereto and
incorporated herein by this reference:
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General Liability
Liability
6.1.1 Exhibit D-1: Additional Insured Endorsement -Commercial
6.1.2 Exhibit D-2: Additional Insured Endorsement -Automobile
6.1.3 Exhibit D-3: Additional Insured Endorsement
6.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
6.2.3 Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
than:
6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less
6.3.1 General Liability: $2,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property damage. Commercial General Liability
Insurance or other form with a general aggregate limit shall apply separately to this Agreement
or the general limit shall be twice the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per accident for bodily
injury and property damage.
6.3.3 Employer's Liability: $1,000,000 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 or self-insured retentions.
6.5 Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
6.5.1 City, its officers, officials, employees, designated volunteers
and agents serving as independent contractors in the role of City officials, are to be covered as
additional insureds as respects: liability arising out of activities performed by or on behalf of
Contractor; products and completed operations of Contractor; premises owned, occupied or used
by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage
shall contain no limitations on the scope of protection afforded to City, its officers, officials,
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employees, designated volunteers or agents serving as independent contractors in the role of City
officials which are not also limitations applicable to the named insured.
6.5.2 For any claims related to this Agreement, Contractor's
insurance coverage shall be primary insurance as respects City, its officers, officials, employees,
designated volunteers and agents serving as independent contractors in the role of City officials.
Any insurance or self-insurance maintained by City, their officers, officials, employees,
designated volunteers or agents serving as independent contractors in the role of City officials
shall be excess of Contractor's insurance and shall not contribute with it.
6.5.3 Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
6.5.4 Each insurance policy required by this clause shall be endorsed
to state that coverage shall not be canceled or materially modified except after 30 days prior
written notice by first class mail has been given to City.
6.5.5 Each insurance policy 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 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 Coverage. All insurance coverages shall be confirmed by
execution of endorsements on forms approved by the City. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by City before services commence. As an alternative to City forms,
Contractor's insurer may provide complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications.
7. Liquidated Damages. Should the Contractor fail to complete the project, or any
part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for
the additional expense and damage for each calendar day that the Contract remains uncompleted
after the Contract completion date. It is agreed that the amount of such additional expense and
damage incurred by reason of failure to complete the Contract is the per diem rate of $1,000 per
calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City
resulting from the failure of the Contractor to complete the project within the allotted time and to
the value of the operation of the works dependent thereon. It is expressly understood and agreed
that this amount is a reasonable amount and is established in lieu of damages that are incapable
of calculation at the inception hereof; and this amount is not to be considered in the nature of a
penalty: The City shall have the right to deduct such damages from any amount due, or that may
become due to the Contractor, or the amount of such damages shall be due and collectible from
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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 regular business
hours or by facsimile before or during Contractor's regulaz business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this Section. All notices shall be
addressed as follows:
If to City: City 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: Albert M. Giacomazzi, President/CEO
AMG & Associates, Inc.
26470 Ruether Avenue, Suite 108
Santa Clarita CA 91350
Telephone: 661.251.7401
Fax: 661.251.7405
10. Non-Assi nability. Contractor shall not assign or transfer any interest in this
Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by
Contractor to so assign or transfer any rights, duties, or obligations arising hereunder shall be
null, void and of no effect.
11. Comyliance 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.
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12. Non-Waiver of Terms, Ri;?hts and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of any
other condition of performance under this Agreement. In no event shall the making by City of
any payment to Contractor constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Contractor, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy available to City
with regard to such breach or default.
13. Attorneys' Fees. In the event that either party to this Agreement shall commence
any legal action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including all attorneys' fees incurred in connection therewith.
14. Construction. The validity, interpretation, and performance of this Agreement
shall be controlled by and construed under the laws of the State of California. In the event of any
asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the
interpretation of this Agreement shall not be resolved by any rules of interpretation providing for
interpretation against the party who causes the uncertainty to exist or against the party who
drafted the Agreement or who drafted that portion of the Agreement.
15. Headin]?s. Section and subsection headings are not to be considered part of
this Agreement, are included solely for convenience, and are not intended to modify or explain
or to be a full or accurate description of the content thereof.
16. Entire Agreement. This Agreement, including any other documents incorporated
herein by specific reference, represents the entire and integrated agreement between Contractor
and City. This Agreement supersedes all prior oral or written negotiations, representations, or
agreements. This Agreement may not be amended, nor any provision or breach hereof waived,
except in a writing signed by the parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH CONTRACTOR: AMG & Associates, Inc.
By:
Mayor
.~
B
y ~ ~ , • ~-~
Name: Albert NT. Giacomazzi
Title; President
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Attest:
By: By: _
Linda Devine, City Clerk Name:
Title:
Approved as to Form:
c...~ :., ~... ... _..~.
Quinn M. Barrow, City Attorney
S7296-0200\1113228v3.doc
EXHIBIT A
FAITHFULL PERFORMANCE BOND
Exhibit A, Page 1
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EXHIBIT B
PAYMENT BOND
Exhibit B, Page 1
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EXHIBIT C
WORKER'S COMPENSATION INSURANCE CERTIFICATE
Exhibit C, Page 1
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EXHIBIT D-1
ADDITIONAL INSURED ENDORSEMENT
COMMERCIAL GEI~TERAL LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY]
Exhibit D-1, Page 1
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EXHIBIT D-2
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY)
Exhibit D-3, Page 1
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EXHIBIT E
ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING
CONTRACTOR LICENSING LAWS
Exhibit E, Page 1
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EXHIBIT F
LABOR LAW REQUIREMENTS
Exhibit F, Page 1
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