HomeMy WebLinkAboutCC AG PKT 2009-03-09 #FAGENDA STAFF REPORT
DATE: March 9, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Vince Mastrosimone, Director of Public Works
SUBJECT: AWARD CONSTRUCTION CONTRACT FOR SLURRY
SEAL SPECIFICATION NO. ST0911
SUMMARY OF REQUEST:
The City Council is asked to adopt Resolution No. 5844 awarding a contract for
$49,817 to Bond Blacktop and authorizing the City Manager to execute the
agreement.
BACKGROUND:
At the January 26, 2009 City Council meeting, Council authorized staff to solicit
for bids for the 2009 Annual Slurry Seal Project No. ST0911.
On February 19, 2009, the City Clerk's office received and opened sealed bids.
Five bids were opened with the following results:
Rank Contractor Amount
1 Bond Blackto $ 49,817.00
2 All American As halt $ 66,591.00
3 American As halt South, Inc. $ 67,699.35
4 Pavement Coatin ~Co. $ 88,101.35
5 Valle Slur Seal $ 118,539.00
Staff has checked the references of the low bidder, Bond Blacktop, and has
found them to be satisfactory for the improvements required for this project.
FINANCIAL IMPACT:
In the approved 2008/09 Capital Improvement Project Budget, Measure M
Turnback funds are budgeted for 2009 Annual Slurry Seal Project No. ST0911, in
Agenda Item F
Page 2
the amount of $150,000. The FY 2007/08 Annual Slurry Seal Project No. 50245
spent $11,497 of this year's allocation of $150,000 which leaves a balance of
$138,503 for this project. The original engineer's estimate for the Slurry Seal
Project was $110,000. Staff will look at potentially slurry sealing additional roads
with the remaining funds.
RECOMMENDATION:
It is recommended City Council adopt Resolution No. 5844 awarding a contract
for $49,817 to Bond Blacktop and authorizing the City Manager to execute the
agreement.
SUBMITTED BY:
Vince Mastrosimone
Director of Pubic Works
NOTED AND APPROVED:
~~
David Carm ny, City Manager
Attachments:
A. Resolution No. 5844
B. Signed Contract
RESOLUTION NUMBER 5844
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH AWARDING THE BID FOR 2009 ANNUAL SLURRY
SEAL PROJECT NO. ST0911
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the contract between the City of
Seal Beach and Bond Blacktop for 2009 Annual Slurry Seal Project No. ST0911,
and
Section 2. The Council hereby directs the City Manager to execute the contract
for 2009 Annual Slurry Seal Project No. ST0911.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 9th day of March , 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 5844 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 9th day
of March , 2009.
City Clerk
AN AGREEMENT FOR
2009 Annual Slu~~y Seal Project
CIP No. ST0911
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Bond Blacktop Inc.
P.O. Box 616
Union City, CA 94587
(510) 441-9984
THIS AGREEMENT is made and entered into this 25 day of February, 2009, by and between the
City of Seal Beach, a California charter city ("City"), and Bond Blacktop, Inc., a Slurry Seal
("Contractor").
Page D-35
RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for the 2009
Annual Slurry Seal Project, CIP No. ST0911 ("Project");
B. WHEREAS, Contractor has submitted a bid to City for the Project dated February 19,
2009.
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
Contractor's Services.
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.
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.
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 Owner.
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.
Effective Date. This Agreement is effective as of February 25, 2009 (the "Effective Date"), and
shall remain in full force and effect until Contractor has rendered the services required by this Agreement.
Payment. 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 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. Owner shall make payments
Page D-36
to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified
in the Contract Documents.
Contractor's Personnel.
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 Bidsllnstructions to Bidders to perform such Services, including, without limitation, a
City of Seal Beach business license as required by the Seal Beach Municipal Code.
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.
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 personnel practices.
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.
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.
Indemnification.
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. 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.
Page D-37
Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may
possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance
policy or certificate required pursuant to this Agreement.
Waiver of Right of Subro ation. 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.
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 an Contractor shall be conclusive in favor of the Indemnitee's right to
recover under this indemnity provision.
Insurance.
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:
Exhibit D-1: Additional Insured Endorsement -Commercial General Liability
Exhibit D-2: Additional Insured Endorsement -Automobile Liability
Exhibit D-3: Additional Insured Endorsement
M_ inimum Scone of Insurance. Unless otherwise approved by City, coverage shall be at
least as broad as defined below:
Insurance Services Office Commercial General Liability coverage (occurrence
form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
Worker's Compensation insurance as required by the State of California and
Employer's Liability Insurance.
Professional Liability insurance. Contractor shall provide to City the standard
form issued by the carrier.
below:
Minimum Limits of Insurance. Contractor shall maintain limits no less than as defined
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.
Page D-38
Automobile Liability: $2,000,000 per accident for bodily injury and property
damage.
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.
Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles
or self-insured retentions except with respect to professional liability insurance.
Other Insurance Provisions. The general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions:
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 are not also limitations applicable to
the named insured.
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.
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.
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
registered first class mail has been given to City.
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.
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.
Verification of Coverase. 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.
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 Owner for the additional expense
and damage for each calendar day that the Contract remains uncompleted after the Contract completion
Page D-39
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 $750 per working 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 are 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.
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.
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 regular business hours; or (b) on the third business day following deposit in the United
States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this
Section. All notices shall be addressed as follows:
If to City: City 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: Bond Blacktop, InC.
P.O. Box 616
Union City, CA 94587
Telephone: ,~ 10) 441-9981
Fax: (510) 441-9982
Non-Assi ability; Subcontracting. Contractor shall not assign, transfer, or subcontract any
interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt
by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder
shall be null, void and of no effect.
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.
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
Page D-40
02/25/2009 QED 12; 27 FAQ 510 441 9982
~ 002002
constitute or be construed as a waiver by City of any breach of wvena~ or any default which may then
exist on the part of Contractor, and the making of any such paymerrt by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
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 e~led to recover its costs of suit, including all attorneys' fees incurred in
connection with such enforcement or interpretation.
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 Agreeme~ 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 draRed that portion of the
Agreement.
Entire ent. This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and imegrated agreement between Contractor and City. This
Agreement supersedes all prior oral or written negotiations, representations, or agreements. This
Agreemem may not be amended, nor any provision or breach hereof waived, except in a writing signed
by the parties wbich expressly refers to this Agreement
IN WITNESS WI~EREOF, the parties, through their respective authorized representatives, have
executed this Agreement as of the dato fast written above.
cmr of s>rAt. BEArx
CONTRACTOR: Bond Blacktop, Inc.
$y: By: ~1 ~A>~
City Manager Name:
Title: Edwzrd Dillon, President
Attest
By: By:
Linda bevine, City Clerk
Name:
Title:
Approved as to Form:
sy:
Qninan M. BatsOw, City Attorney
Page D-41