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HomeMy WebLinkAboutCC AG PKT 2009-07-13 #RADEN®A STAFF CEP®RT DATE: July 13, 2009 T0: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Vince Mastrosimone, Director of Public Works SUBJECT: AWAR® C®IVTR~4CT FOR TFIE P®LICE ®EPARTIVIEIVT AIV® C®UIVCIL CFIAMSERS RESTRO®M REIV®VATI®IV PR®JECT, ECa0801 SUMIViARY OF REQUEST: The City Council is asked to adopt Resolution No. 5895 awarding a construction contract for the Police Department and Council Chambers Restroom Project, BG0801 to General Consolidated Constructors, Incorporated in the amount of $726,600. (Budget Amendment #10-01-01) EACI~GR®Ui~l®: Originally built in 1978, the Police Department has suffered through normal wear and tear throughout the building. Over the years, various elements of the building critical to operations have been allowed to deteriorate. The existing restroom facilities do not meet current code requirements. The men's and women's locker rooms are in disrepair and in need of updating. The kitchen requires updating to accommodate emergency preparedness. The property evidence room requires seismically stable storage units. On the April 27, 2009 City Council Meeting, Council approved plans and specifications to solicit for bids. On June 23, 2009, City Clerks office received 11 bids. One of the 11 bids was missing the bid bond and was deemed as non- responsive. RANK ~ CONTRACTOR ~ BID AMOUNT 1 ~ C.G CONSTRUCTION j $668,670 2 GENERAL CONSOLIDATED ~ $726,600 3 _ ! GTA _ $735,000 4 ~ USS CAL BUILDERS I $752,500 5 j _ HOFFMAN FINN ~ $789,328 6 I DLS BUILDERS _ ~ $798,950 7 AMG ~ $832,007 8 2H ~ $838,497 9 W.E. CONSTRUCTION $844,000 10 SANDALWOOD CONST. $875,935 Agenda Item R Page 2 Staff reviewed the low bidder CG Construction's proposal requested supplement information that it was missing. The low bidder failed to respond and did not provide minimum information to deem as a responsive bid. They were unable to furnish manufacturer and part numbers for the metal lockers, blood drying cabinet and property evidence storages. Therefore, the bid proposal is deemed as non-responsive. Staff contacted the next low bidder General Consolidated Constructors, Incorporated and deemed their bid proposal as complete. They will provide product and material based on the plans and specifications. Staff contacted their references and was acceptable. Staff investigated their subcontractors State licenses and had no claims. Based upon the references, qualifications, work experience and cost, staff recommends selecting General Consolidated Constructors Inc. as the lowest responsible bidder at $726,600. FIIVANClAL 6NIPACT: In the 09/10 budget $700,000 has been allocated for this project. Under a separate agenda item, a budget amendment is required to recover the shortfall ($26,600), inspection ($10,000) and contingency ($10,000) totaling to $46,600. REC®M~IB~fV®~4TG®N: It is recommended City Council adopt Resolution No. 5895 awarding a construction contract for the Police Department and Council Chambers Restroom Project, BG0801 to General Consolidated Constructors, Incorporated in the amount of $726,600. U ITT ince Mastrosimone Director of Public Works NOTED AND APPROVED: David Carmany, City Manager Attachments: A. Resolution No. 5895 B. Bid C. Agreement RESOLUTION NUMBER 5895 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING A CONTRACT TO GENERAL CONSOLIDATED CONSTRUCTORS, INCORPORATED FOR THE POLICE DEPARTMENT AND COUNCIL CHAMBERS RESTROOM RENOVATION PROJECT, No. BG0801A, 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'), ~ approved and adopted the plans and specifications for the Police Department and Council Chambers Restroom Renovation Project, CIP No. BG0801 on April 27, 2009 ("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 11 bids for the Project on June 23, 2009. C. G. Construction ("CG") and General Consolidated Constructors, Incorporated ("GCC") submitted the apparent lowest two bids. Section 3. CG failed to provide the minimum information necessary for the City to determine whether its bid is responsive. CG did not provide manufacturer and part numbers for metal lockers, the blood drying cabinet or property evidence storage facilities. Staff requested supplemental information, but CG failed to respond. Accordingly, the bid from CG is incomplete and non- responsive. Based upon the foregoing, the City Council hereby finds that the bid submitted by CG is non-responsive. Section 4. 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 CG as non-responsive and finds that GCC has submitted the lowest responsive bid for the Project. The bid of GCC is hereby accepted in the total amount of $726,600.00. Section 5. The City Council hereby approves that certain Agreement, dated July 13, 2009 between the City of Seal Beach and General Consolidated Constructors, Incorporated, for the Police Department and Council Chambers Restroom Renovation Project, CIP No. BG0801, in the amount of $726,600. Section 6. 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 findings above, each of which stands alone as a sufficient basis for its decision to award the contract to GCC. Section 7. 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 8. 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: GCC. Section 9. 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. - Resolution Number 5895 PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a meeting hereof held on the 13th day of Julv , 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 the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5895 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 held on the 13th day of Julv , 2009. City Clerk - ~ City ®f Seal; beach California ~R®POSa~, ~®~ 5 P®lice- I)epa~tment lien®ua~z®n and . Council .. .. ~C'hambeYS Rest~oom Zlpgrade Projec~~. :.:. .. .. . ' .. ~ CIP 1lTo. ~G08o1 ~ ~ ~ ~. .. ~ .- ~DAT®~~~~®~ wA~~. ~.. •.... JTJ1~E 9,~.1®:OO~AIVI, P®IJICE I)EPART'1VII1N'T ~ ~ •~ ~ . ~_ ~ . ~: ~.9~11 ~SEAI;~~~EACH ~®IJIIE~Al~; 9®'74®, ~~ ~,~. .-~• ~ ~. . ~ , .~. .. ~~ did ®pening Dater June 23;.2009.~~ •~~ ~ ~ ~ ~ ~ • '• ~ • - ... .. .Tuesday, Y0:00 a.>~.... ~ . ~ ~ . - ~ . Co>lanc~ Cha>lnbcr Restr®oIn ' Item No. -~ ~ uanti ' - Unit ' ~ Description 1. 1 L.S. Demolish and construct riew•Council Chamber restroom,~ y~~~,~//~ J., ~c~omplete a/nd inLplace/turnkey,~the sum of: Wo; s ~ . Figures • . ~ ' Total (Figures) $ ~'7, ,5~ . police DeDart~ent Rcn®va~®n ~ .. .. ..,. (1) The following is the Line Item Format per Construction Specifications Institute (CSI) Divisions. Variation from this form requires~~notification and approval from the architect prior to submittal. Approved changes will be required of all bidders. (2) Items shall include all Material, Labor and Equipment necessary to provide a complete, functional installation, approved by the authorities having jurisdiction. Page C-2 (3) All work of installation shall be covered by the unit priees~ intthe same manner as required by the. Drawings and inclusive Specifications. - ~ - DTV DESCRIPTION FIGURES WORDS 1000 General Conditions/TemporaryFscilities 8c Supervision 2221 Building Demolition 3301 Concrete 5120 Structural Steel ' 6100 Rough Carpentry 6200 Finish.Carpen~ry - 7000 Thermal & Moisture Protection 7610 Sheet Metal Roofing 8000 Doors & Door Hardware - 8411 Glazing & Storefront Frames I $ ~ ~ ~~~~ ~ 1, ,~ x ~~, $ 3 d~ ,ecc T~~~;~. ~g~~ $ I. 3 ~ ~ ~~~~s~~/1,~F~ ~~ $ ~ G~ /U~ S L$ ~ Or.S~,c~D ~~ e 9000 Finishes $ .~Q. ~1 ~' A ~! r ~ ~ ,~ / 9250 Drywall $ ~ ry~ % ~ ~~5~ .O~;d~ ~~~~~'' ~ 9310 Ceramic Tile $ , jp ~ ~-~~~ ~~f~ L~~ 9511 Acoustical Ceiling System $ ~ ~~ /L -/~~ ~ 9651 Resilient Tile Flooring $ ,j ~ 5~,~, ~~~~ . JE .cr~ 9680 Carpet $ ~~ ~~~,~ ~~~~~~~ f~~~ fZ 9911 Interior & Exterior.Painting $ /C~ ~ ~ ~~ ~?o~ ~~~ ` r 10000 Specialties ~ ,y~y ~~~~/ ~ ~~~ ~~ ~s~ ~Y 10505 Metal Lockers $S 9 ,~ ., ~ ,dlN~ /6+~s~.~~T~: ' ~~ 10512 Blood Drying Cabinet $ • ~p ~ Lem ,~~~~ 10562 Storage Systems $ ~ ~(~ ~ ~p f« f/~-6~5',~,r~c~ ,',~E ~O~ 10801 Toilet and Bath Accessories $ 3 y~ ~ ~ ~ ~~ {~~ ~ ~ Page G3 DIV DESCRIPTION FIGURES WORDS 11451 Kitchen Appliances 12356 Casework' 15000 Plumbing 15410 Plumbing Fixtures 15000 HVAC ' 16000 Electrical 16511 Interior and Exterior Lighting Fixtures $ ~9 0~ 1 ~. ~ w~ $ ~~/, ~ ~vu~~ iifJ ~~tr~SffuX/ ~~ ~/ s TOTAL $6~9: /~ ~.~~~`1~~1~I~ly ~.z~~ /6~~/~~ TOTAL COST FOR BOTH COF3NCIL CHAMBERS AND POLICE DEPARTMENT ~ 7~ ~~~ s w~~,~h~~~~s~~ ~~~s ~X ~~;~ IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS sHALL PREVAIL. Page C-4 NOTE: The City reserves the right to award a contract to the Iowest responsible bidder in parts or .in its entirety and reserves the right to reject all bids and re-advertise, as appears to be in the best interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based~upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that, if awazded the Contract, bidder will complete all work according to the contract documents. The undersigned bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No.- 5 6 2 2 8 7 ; Class .B, A (REQLTIltED AT TIME OF AWARD). Legal Business Name of Bidder General Consolidated Constructors, Inc. Business Address 1325 Pico Street, Unit 102, Corona, CA 92881 Business Tel. No. (951)734- 507 , igna Robert McCoy Date Title den ~,~a«uz Jute Title ~~s..a~u.~ Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of parnership/joint venture must be provided, followed by signatures of all of the partners/joint venturers or of fewer than all of the partners/joint venturers if submitted with evidence of authority to~ act on behalf of the partnershiproint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Boazd of Directors. Page C-5 AN AGREEMENT FOR between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 General Consolidated Constructors, Inc. 1325 Pico Street, Unit 102 Corona, CA 92881 (951) 734-3507- Phone (951) 734-3454 -Fax THIS AGREEMENT is made and entered into this 13th day of July, 2009, by and between the City of Seal Beach, a California charter city ("City"), and General Consolidated Constructor, Incorporated a General ("Contractor''). RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Police Department Renovation and Council Chambers Restroom Upgrade Project, CIP No. BG0801 ("Project"); B. WHEREAS, Contractor has submitted a bid to City for the Project dated June 23, 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 prevai 1. Effective Date. This Agreement is effective as of July 13, 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 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 Bids/Instructions to Bidders to perform such Services, including, without ]imitation, 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 ei'nployer'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. 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 farce 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 Minimum Scope 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 OOO l ). Insurance Services Office form number CA OOOI (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. Minimum Limits of Insurance. Contractor shall maintain limits no less than as defined below: 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. 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 orself-insured retentions except with respect to professional liability insurance. Other Insurance Provisions. The genera] 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 azising 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 Qn 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 Coverage. All insurance coverages shall be confirmed by execution of endorsements on fonns 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 Dama es. 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 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 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. 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 21 l 8th Street Seal Beach, California 90740 If to Contractor: General Consolidated Constructors, Inc. 1325 Pico Street, Unit 102 Corona, CA 92881 (951) 734-3507- Phone (951) 734-3454 -Fax Non-Assianability• 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 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 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. 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 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 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. Entire Agreement. This Agreement, including any other documents incorporates} 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 express]y 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 By: Attest: By: David Cannany, City Manager Linda Devine, City Clerk CONTRACTOR: r $y: F: Name: Title: ~~~1<<,~~~ By: Name: Title: Approved as to Fonn: By: Quinn M. Barrow, City Attorney NON-COLLUSION AF']~IDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California )SS. ) County of RIVERSIDE ROBERT V . MC COY being first duly sworn, deposes and says that he or she is PRESIDENT of C,F.N_ ~ntv~nr.TD~T~$y making the foregoing bid, in accordance with Public Contracts Code Section 7106, declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid aze true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. P©1•ice Department Renovation and Council Chambers Restroom Upgrade Project Name: Title 6/22/09 Date: Signature of bidder Title Date: -- Subscribed and Sworn to before me on JUNE 2 2 ~ 2 0 0 9 o Signatu JOYCE AP1PlE NACCOY Commission # 1763576 . °~ tdotary Pubilc - California ~S '' Riverside County ICongn.ES ies 25 X11 Page C-17 General Consolidated Constr»ef-nr~ Tnr• Legal Business Name of Bidder 1325 Pico Street, Unit 102, Corona. CA 92881 Business Address (951)734-3507