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HomeMy WebLinkAboutCC AG PKT 2010-12-13 #N AGENDA STAFF REPORT DATE: December 13, 2010 • • TO: Honorable Mayor and City Council THRU: David N. Carmany, City Manager FROM: Sean P. Crumby, Director of Public Works SUBJECT: FIRESTATION 48 PROJECT CLOSEOUT SUMMARY OF REQUEST: The City Council is asked to adopt Resolution No. 6091 1. Awarding a contract for the Fire Station Canopy to Atom Incorporated for $65,359. 2. Authorizing payment to Leisure World for $55,950 for pavement restoration. BACKGROUND: On July 12, 2010 the City of Seal Beach filed a Notice of completion for the construction of the Fire Station 48 located at 3131 North Gate Road. At that time there were a few outstanding items to be completed for the project that were outside of the construction contract. Those items are discussed as follows: Fire Station Fuel Island Canopy The City of Seal Beach was directed by the Santa Ana Regional Water Quality Control Board to construct a cover (permanent canopy) over the fuel tank and dispenser. At the October 11, 2010 City Council Meeting, Council approved plans and specifications and authorized staff to solicit for bids. This project is a turnkey operation which will include fabrication, erection and installation of an illuminated canopy. On November 16, 2010, the City Clerk's office received two bids with the following results: RANK CONTRACTOR 1 BID 1 i Atom, Inc ! $65,359 2 Premier West Contractors, Inc I $98,900 Based upon the references, qualifications, work experience and cost, staff recommends selecting Atom, Inc. as the lowest responsive bidder at $65,359. It is anticipated that construction will begin in January and will be completed before the summer season begins. Agenda Item N Page 2 Leisure World Pavement Restoration During the construction of the Fire Station 48 the City of Seal Beach constructed a temporary home for Fire Station 48. This temporary station was located within the Leisure World community. As part of the agreement to house the temporary station the City agree to repave a portion of the driveway entry and parking lot where the station was located. Leisure World's Physical properties department bid out and constructed the paving operations. City of Seal Beach staff reviewed the bid documents and final product to verify that the invoice is representative of the work that was completed. The invoice is for $55,950 is to restore the pavement back to its original condition. ENVIRONMENTAL IMPACT: This project complies with all requirements of the California Environmental Quality Act. The construction of the canopy is found to be Categorically Exempt under Section 15301 (E), and the pavement restoration is found to be Categorically Exempt under Section 15301 (C). FINANCIAL IMPACT: The awarded construction cost of this project is $65,359.00. Inspection, material testing are estimated at $6,500. The total cost of the project is $71,859.00. In combining the two items, canopy installation and Leisure World pavement restoration totals to $127,809. With the completion of the Fire Station construction, there is approximately $26,000 remaining in the Lease Revenue Bond financing for the Fire Station. The remaining balance will be applied to the total of the above two items which leaves a shortfall of $108,309. Staff recommends the shortfall to be funded through the designated $2.0 million General Fund Balance for Building and Facilities. A budget amendment will be under a separate agenda item. RECOMMENDATION: It is recommended City Council adopt Resolution No. 6091 • 1. Awarding a contract for the Fire Station Canopy to Atom Incorporated for $65,359. 2. Authorizing payment to Leisure World for $55,950 for pavement restoration. Page 3 SUBMITTED BY: NOTED AND APPROVED: j 410 Sean P. Crumby, P.E. David N. Carr Director of Public Works ( City Manager Prepared by: Michael Ho, City Engineer Attachments: A. Resolution B. Bid Sheet C. Agreement D. Leisure World Invoice RESOLUTION NUMBER 6091 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING A CONTRACT FOR THE FIRE STATION CANOPY . BG0803 AND AUTHORIZING PAYMENT TO LEISURE WORLD FOR PAVEMENT RESTORATION THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby awards a contract in the amount of $65,359.00 to Atom Inc. for the Fire Station 48 Turnkey Fuel Island Canopy CIP No. BG0803. Section 2. The Council hereby directs the City Manager to execute the contract for the Fire Station 48 Turnkey Fuel Island Canopy CIP No. BG0803. Section 3. The Council hereby authorizes payment to Leisure World for pavement restoration for $55,950. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December t 2010 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 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, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6091 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of December , 2010. City Clerk Section C PROPOSAL Bidders Name s (`(Y\ .�-r C, TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH: The undersigned, as bidder, declares that: (1) -this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Non - Collusion Affidavit; (2)- bidder has carefully examined the project Plans, Specifications, Instructions To Bidders, Proposal, Notice Inviting Sealed Bids and all other contract documents and information 'furnished therefore and the site of the proposed work; and (3)- bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITY OF SEAL BEACH, to perform said proposed work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the Last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. o panying this proposal is (Circle one "cash ", "a Cashier's Check ", "a certified ch ck ", or ' a Bidder's and the form furnished by the City ", as the case may be) in the amount of $ ' , an amount equal to at least ten percent (10 %) of the total aggregate bid price based on the quantities shown and the unit prices quoted. The undersigned bidder agrees that should bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to enter into a Contract and provide the required evidence of insurance and bonds within 15 calendar days after written notice of the award, the cash, check or bond shall be forfeited to the city in'accordance with Public Contract Code section - 20172, except as otherwise provided in Public Contract Code section - 20174. The undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine. In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials and supplies for FIRE STATION 48 TURNKEY FUEL ISLAND CANOPY PROJECT, CIP# BG0803 in accordance with the Specifications, Plans other Contract Documents which are on file in the office of the City Engineer of the CITY OF SEAL BEACH, to the satisfaction and under the direction of the City Engineer, at the following prices: completed by the undersigned is fixed at 45 working days starting from the day after the issuance of the Notice to Proceed. Page C -1 City of Seal Beach California PROPOSAL FOR Fire Station 48 TURNKEY Fuel Island Canopy o. _. MANDATORY JOB WALK NOVEMBER 4, 10:00 AM, FIRE STATION48 3131 NORTH GATE ROAD, . 90740 Bid Opening Date: November 16, 2010 Tuesday, 10:00 a.m. BID SHEET Council Chamber Restroom • Item No. Quantity Unit Description 1. 1 L.S. Obtain no fee City permit, site preparation, construct footings, utilities, fabricate and construct new canopy, turnk complete and in place, inn the sum of: 61,:r7f/ae-/-Ami-cutd c)ril Weds / Figures Total (Figures) $ 35y, --- — TOTAL COST FOR THE FIRE STATION 48 TURNKEY FUEL ISLAND CANOPY s6 5 35% 5d .Sfx-l> /Cole �z( .. Ate ha/A -�-� /4 figures' 1 words / IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Page C -2 NOTE: The City reserves the right to award a contract to the lowest 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 awarded 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.- C L(,)�'' , Class A- 6> (REQUIRED AT TIME OF AWARD). Legal Business Name of Bidder A- tcj(1 a- r C , Business Address Vi► s4C, f . 1 C A • °9 14 Business Tel. No. 011- F Signature` Date Title l 1 1 f _ L' 1_ e . Signatur¢!'` o l , tom\ Lk Date Title 1 / `6rro tr . L :,,",„( ,, Signature /! 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 partnership /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 partnership /joint 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 Board of Directors. Page C -3 GOLDEN RAIN FOUNDATION P. O. BOX 2069 SEAL BEACH, CA 90740 (562) 431 -6586 INVOICE City of Seal Beach Invoice No. 8080 211 Eighth Street Seal Beach, CA 90740 -6379 Date : 10/27/2010 Attn: Michael Ho DESCRIPTION OF CHARGE AMOUNT Your cost for the repair of the Temporary Fire Station Area $55,950.00 per attached invoices. APPROVE Y ACCT PAYMENT DUE UPON RECEIPT OF INVOICE • �+ } R P M Construction Management, Inc. ! J Invoice 2124 Walnut Ave Date Invoice # Venice, CA 90291 6/9/2010 • 10- 4401 -20 • • • Bill To • • Golden Rain Foundation • Physical Property Dept. P.O. Box 2069 _ SeaiBeach, CA 90740 • • . P.O. No. Terms Project • CH4 Parking Lot Item Description Est Amt Prior Amt Prior % Qty Rate Curr % Total % Amount 07 Asphalt Clubhouse 4 Parking Lot 49,950.00 0.00 0.00 0.1 7,492.50 15.00% 15.00% 7,492.50 Repairs • • • p 5 b r k Ct, Cy/ ` 7Cee " " tg-ee V i\jj • 4 6 ' ( D ' Thank you for iuur business Total �-r $7,492.50 Payments /Credits $0.00 Balance Due $7,492.50 • C a _n .ra yr RPM Construction Inc. (k'.' i1 '- Date: July 26, 201 2124 Walnut Avenue • \ JUL � i� Invoice No: 201011C0-5 Venice, California 90291 J jMI6 RPM Contract Job: 201011 License # 930216 C'I { {S� 310- 916 -6319 COMMUNITY VACUA f310 -572 -6085 Golden Rain Foundation Leisure World • Attention: Carlos Martinez Contact Number: Fax Number: Job Address: Physical Property Department P.O. Box 2069 Seal Beach, CA. 90740 Job Description: Club House Four Parking Lot Contract Payment #2 work completed on July 7, 2010 Submitted By: Mike Jurado Quantity Size Description Unit Price Extension Contract Payment #2 Amount $37,462.50 Percentage of work complete (100 %) $37,462.50 • Amount of this billing $37,462.50 - { e-t.rv430(se. d C:LA -y c)c- 1 h �.c • Prof -- 6, 57- ( D i)- ?"Z6_1C7 Balance Due $37,462.50 • • • • �- H I | '• RP0�(�onstructioninc S --- — l. Date: July 2O.201O 2124 Walnut Avenue / U k | � �� invoice No: 20101100-6 JUL 2 6 �� 8U � � �D � - ' � � U ° ; Venice, California 90291 " u RPM Contrac Job: 201011 License #A3021G --� � • �OK8[NUNiTY �8�(� |T[r | 310-916-6319 | °"'""'"'`'' ' ' ' 010'572-6085 • Golden Rain Foundation Leisure World • /\ttantiVmCaroa Martinez" Contact Number: . Fax Number: JobAddress: Physical Property Department P.O. Box 2089 Seal Beach, CA. 90740 Job Description: Club House Four Parking Lot Contract Payment #3 work completed on July 7, 2010 Submitted By: Mike Jurado Quantity Size Description Unit Price Extension Retention Amount $4.995.00 Percentage of work complete (100Y6) $4.996l0 • [\r� �y� �/^ " � - ^��=' ZE"-^. ^~- -. aPrx�^ �����-� '/ ' Amount ofthis bUling /1.9�7ete- • g6-193 _���_., 6" �/' • • • 6 V • � ° • ^ • Balance | — / -"----- I g • �v�� .� • • • • RPM Construction Inc. 2 ((" � � Date: July 26, 2010 2124 Walnut Avenue 5 - F v j - Invoice No: 201011C0-4 Venice, California 90291 RPM Contract Job: 201011 _ License # 930216 2 6 - 310- 916 -6319 f310 -572 -6085 COMMUNITY FACILITIES Golden Rain Foundation Leisure World Attention: Carlos Martinez Contact Number: Fax Number: Job Address: Physical Property Department P.O. Box 2069 Seal Beach, CA. 90740 Job Description: Club House Four Parking Lot Change Order #2 Grind and overlay 6,260 sf. Of additional asphalt 1 1/2 inches. work completed on July 7, 2010 Submitted By: Mike Jurado Quantity Size Description Unit Price Extension Change Order Amount $12,520.00 Percentage of work complete (100 %) $12,520.00 • Amount of this billing. $12,520.00 6P C) •`-l'a Ce--Lrn 1 ()/` Sed 1 0.1 6z.f 8 o 1112aC n r .. , A I Balance Due $12,520.00 . PUBLIC WORKS AGREEMENT FIRE STATION 48 TURNKEY FUEL ISLAND CANOPY CIP NO.BG0803 between SEAL s ip, ti ? 21\' . - 4; City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 • Atom, Inc. 40410 Vista Road Hemet, CA 92544 951 766 -2806 THIS AGREEMENT is made as of December 13, 2010, by and between the City of Seal Beach, a California charter city ( "City "), and Atom, Inc. a ( "Contractor "). 1 of 9 Error! Unknown document property name. RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Fire Station 48 Turnkey Fuel Island Canopy CIP No. BG0803 ( "Project ") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated November 16, 2010 in the amount of 65,359.00 ( "Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the 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), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) 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 therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 2 of 9 Error! Unknown document property name. 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. 2. Effective Date. This Agreement is effective as of December 13, 2010 (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 amount of $65,359.00, subject to any additions and deletions pursuant to the terms of the Contract Documents. 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, 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. 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 3 of 9 Error! Unknown document property name. 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. 5. Indemnification. 5.1 Contractor's Duty. Contractor shall defend, 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 and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims "), 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 Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. 5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed to require Contractor to indemnify Indemnities for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnities. 5.4 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. 4 of 9 Error! Unknown document property name. 5.5 Waiver of Right 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 Indemnitor. . i 5.6 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 subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D -1: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit D -2: Additional Insured Endorsement - Automobile Liability. 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 Insurance Services Office form number CG 20'10 11 85 (Ed. 11/85) covering Additional Insured — Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. • 5 of 9 Error! Unknown document property name. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.4 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. 6.4.1 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.4.2 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 6.5 Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles or self- insured retentions except with respect to any professional liability insurance. 6.6 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.6.1 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, 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. 6.6.2 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. 6.6.3 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. 6.6.4 Each insurance policy required by this Section 6 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. 6of9 Error! Unknown document property name. 6.6.5 Each insurance policy, except for any professional liability policy, required by this Section 6 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. 6.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 6.8 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 $ 750 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 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 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 7 of 9 Error! Unknown document property name. 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: Atom, Inc. 40410 Vista Road Hemet, CA 92544 Telephone: (951) 766 -2806 Fax: (951) 658 -4937 Attn: Larry Boyer 10. Non - Assignability; 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. 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 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 8 of 9 Error! Unknown document property name. 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. 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. 16. Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 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' By: By: David Carmany, City Manager Name: Larry Boyer Title: President Attest: By: By: Linda Devine, City Clerk Name: Title: Approved as to Form: By: Quinn M. Barrow, City Attorney 9 of 9 Error! Unknown document property name.