HomeMy WebLinkAboutAGENDA REPORT 2009 1007 CC REG ITEM 10L ITEM 10.L.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCIL °f---A-01- cD
ACTION:
AGENDA REPORT
aY• -�
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Man
Prepared By: Allen M. Walter, Landscape and Parks Superintendent
DATE: September 3, 2009 (CC Meeting of October 7, 2009)
SUBJECT: Consider Award of Contract to Commercial Roofing Systems,
Inc., to Replace Roofing at the Community Center and
Arroyo Vista Recreation Center
SUMMARY
The City Council is being asked to award a contract to Commercial Roofing Systems,
Inc., to remove the existing roofing material at the Community Center and Arroyo Vista
Recreation Center (AVRC) and install new roofing with an expected life of 30 years.
BACKGROUND
On July 15, 2009, the City Council approved the plans and specifications for
replacement roofing at the Community Center and Arroyo Vista Recreation Center. On
August 20, 2009, formal bids for the roof replacement project were received. The lowest
qualified bid for the Community Center was from Commercial Roofing Systems, Inc., at
$71,248, placing the bid $27,248 above the allocated funds of $44,000. Due to funding
issues, staff was directed to amend the FY 2009/10 Budget to provide additional funds
for the Community Center roof. On September 2, 2009, the City Council adopted
Resolution 2009-2849, amending the FY 2009/10 Budget to appropriate $28,000 from
the General Fund Reserve Balance to the Facilities Expenditure Budget to fund the
Community Center roof replacement project.
The lowest qualified bidder for the Arroyo Vista Recreation Center roof replacement was
also Commercial Roofing Systems, Inc., at $32,048. The Arroyo Vista Recreation
Center roof replacement funding for FY 2009/10 is $36,500. The Arroyo Vista
Recreation Center had additional funds redirected from a gym lighting project by a City
Council action on March 4, 2009, and carried over to FY 2009/10, placing the project
within the allocated budget funding.
'�C C
Honorable City Council
October 7, 2009
Page 2
The cost is based on formal bid proposals received on August 20, 2009. The cost for
roof replacement at the Community Center is $71,248, and $32,048 for the Arroyo Vista
Recreation Center. Both costs are based on the approved plans and specifications.
Formal Bid results:
Proposal / Bidder Community Arroyo Vista
Center Recreation Center
Applied Roof Engineering $188,000 $68,000
Progressive Roofing $ 80,000 $55,000
Best Contracting Services $ 84,820 $37,533
Commercial Roofing Systems $ 71,248 $32,048
RGSLA, Inc. $118,930 $49,046
Western States Roof S stem $ 85,500 $35,500
The bids were reviewed for completeness and mathematical errors. Staff contacted the
six references submitted by Commercial Roofing Systems, Inc. A reference check
showed that Commercial Roofing Systems, Inc., is highly recommended. They meet all
required qualifications of the project manual and specifications for this project, they
possess the necessary licenses to perform the work, and have experienced similar
roofing projects for other cities in California.
DISCUSSION
The formal bidding process was concluded on August 20, 2009. The City received
Commercial Roofing Systems, Inc., as the lowest qualified bidder. Staff has performed
the necessary background check on the company and is recommending that the
Council authorize the execution of an agreement with Commercial Roofing Systems,
Inc.
Based on the lowest qualified base bid of Commercial Systems Roofing, Inc., the
roofing replacement cost remains within the FY 2009/10 total budget allocation for this
project. City Council is now being asked to approve the award of contract to the lowest
qualified responsible bidder, Commercial Roofing Systems, Inc.
FISCAL IMPACT
The total estimated cost of the project is $103,296. With the adoption of the FY 2009/10
Budget, the Council allocated a project budget of $44,000 for the Community Center
and $36,500 for the Arroyo Vista Recreation Center. The adoption of Resolution 2009-
2849, allocated an additional $28,000 for the Community Center estimated at $71,248,
providing full funding for this project. The funding source identified in the FY 2009/10
Budget is the Facilities and Park Improvement Fund expenditure budget.
S:\Community Services\ADMINISTRATIVE\CC Reports\2009\10-7-09(Contract Award Roofs).doc
��,r1
Honorable City Council
October 7, 2009
Page 3
STAFF RECOMMENDATION
1) Award a construction contract to Commercial Roofing Systems, Inc., in an amount
not to exceed $103,296; and
2) Authorize the City Manager to execute the construction contract on behalf of the City,
subject to final language approval of the City Manager and City Attorney.
Attachments: Agreement
S:\Community Services\ADMINISTRATIVE\CC Reports\2009\10-7-09(Contract Award Roofs).doc
357
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
COMMERCIAL ROOFING SYSTEMS INC.,
FOR MOORPARK COMMUNITY CENTER AND
ARROYO VISTA COMMUNITY CENTER ROOFING PROJECT
THIS AGREEMENT, is made and effective as of day of
2009, between the City of Moorpark, a municipal
Corporation ("City") and Commercial Roofing Systems Inc., a sole proprietorship,
partnership, limited liability partnership, corporation, limited liability corporation
("Contractor"). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
WHEREAS, City has the need for construction services; and
WHEREAS, Contractor specializes in providing such services and has the
proper work experience, certifications, and background to carry out the duties
involved; and
WHEREAS, Contractor has submitted to City a Proposal dated August 19,
2009, which is attached hereto as Exhibit A.
WHEREAS, the City Council of the City of Moorpark at a meeting held on
the day of , 2009, authorized the City Manager to
enter into this Agreement after public bidding in accordance with California Public
Code Section 20160, et seq.
NOW, THEREFORE, in consideration of the mutual covenants, benefits
and premises herein stated, the parties hereto agree as follows:
1. TERM
The term of the Agreement shall .be from the date of execution to
completion of the work identified in the Scope of Services and in conformance
with Exhibit A, unless this Agreement is terminated or suspended pursuant to
Article 6.
2. SCOPE OF SERVICES
City does hereby retain Contractor in a contractual capacity to provide
construction services, as set forth in Exhibit A, Contractor's Proposal, dated
August 19, 2009, which exhibit is attached hereto and incorporated herein by this
reference as though set forth in full and hereinafter referred to as the "Proposal."
Where said Scope of Services is modified by this Agreement, or in the event
there is a conflict between the provisions of said Scope of Services and this
Agreement, the language contained in this Agreement shall take precedence.
1
358
Contractor shall perform the tasks described and set forth in Exhibit A,
attached hereto and incorporated herein by this reference as though set forth in
full. Contractor shall complete the tasks according to the schedule of
performance which is also set forth in Exhibit A.
Compensation for the services to be performed by Contractor shall be in
accordance with Page 11 of Exhibit A, attached hereto and incorporated herein
by this reference as though set forth in full. Compensation shall not exceed the
rates or total contract value ($103,296.00) as stated in Exhibit A, attached hereto
and incorporated herein by this reference as though set forth in full, without the
written authorization of the City Manager of the City of Moorpark. Payment by
City to Contractor shall be in accordance with the provisions of Article 5, of this
Agreement.
3. PERFORMANCE
Contractor shall at all times faithfully, competently, and to the best of
his/her ability, experience and talent, perform all tasks described herein.
Contractor shall employ, at a minimum, generally accepted standards and
practices utilized by persons engaged in providing similar services as are
required of Contractor,hereunder in meeting its obligations under this Agreement.
4. CITY MANAGEMENT
The individual directly responsible for Contractor's overall performance of
the Agreement provisions herein above set forth and to serve as principal liaison
between City and Contractor shall be Allen M. Walter, Landscape and Parks
Superintendent, and no other individual may be substituted without the prior
written approval of the City Manager.
The City's contact person in charge of administration of this Agreement,
and to serve as principal liaison between Contractor and City, shall be Allen M.
Walter, Landscape and Parks Superintendent, or his/her designee.
5. PAYMENT
The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit A,
attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. This amount shall not
exceed One Hundred Three Thousand, Two Hundred Ninety-Six dollars
($103,296.00) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
2
359
Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement, which are in addition to those
set forth herein, unless such additional services are authorized in advance and in
writing by the City Manager. Contractor shall be compensated for any additional
services in the amounts and in the manner as agreed to by City Manager and
Contractor at the time City's written authorization is given to Contractor for the
performance of said services.
Contractor will submit invoices for actual services performed. Payment
shall be made within thirty (30) days of receipt of each invoice as to all non-
disputed fees. If the City disputes any of Contractor's fees it shall give written
notice to Contractor within (30) days of receipt of any disputed fees set forth on
the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the
Contractor at least ten (10) days prior written notice. Upon receipt of said notice,
the Contractor shall immediately cease all work under this Agreement, unless the
notice provides otherwise: If the City suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with
written notice no less than thirty (30) days in advance of such termination. In the
event of such termination or suspension, Contractor shall be compensated for
such services up to the date of termination or suspension. Such compensation
for work in progress shall be prorated as to the percentage of progress
completed at the date of termination or suspension.
In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon
termination of the Agreement pursuant to this Section, the Contractor will submit
an invoice to the City pursuant to Article 5, herein.
7. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause
under the terms of this Agreement, City shall have no obligation or duty to
continue compensating Contractor for any work performed after the date of
default and can terminate this Agreement immediately by written notice to the
Contractor. If such failure by the Contractor to make progress in the
3
360
performance of work hereunder arises out of causes beyond the Contractor's
control, and without fault or negligence of the Contractor, it shall not be
considered a default.
If the City Manager or his/her delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement,
he/she shall cause to be served upon the Contractor a written notice of the
default. The Contractor shall have Five (5) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In
the event that the Contractor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this
Agreement, to terminate this Agreement without further notice and without
prejudice to any other remedy to which it may be entitled at law, in equity or
under this Agreement.
LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within.
the time period required by Article 21, herein or as duly extended in writing by the
City Manager, he/she shall forfeit and pay to the City of Moorpark, as
liquidated damages, the sum of One Hundred dollars ($100.00) per day for each
calendar day the work, or portion thereof, remains uncompleted after the above
specified completion date. Liquidated damages shall be deducted from any
payments due or to become due to the Contractor under the terms of this
contract. [Govt C. Sec. 53069.85] Progress payments made by the City after the
above specified completion date shall not constitute a waiver of liquidated
damages by the City.
8. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by City that
relate to the performance of services under this Agreement. Contractor shall
maintain adequate records of services provided in sufficient detail to permit an
evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and
readily accessible. Contractor shall provide free access to the representatives of
City or its designees at reasonable times to such books and records; shall give
the City the right to examine and audit said books and records; shall permit City
to make transcripts therefrom as necessary; and shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement.
Notification of audit shall be provided at least thirty (30) days before any such
audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of five (5) years after receipt of final payment.
4
361
Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing
the services to be performed pursuant to this Agreement shall become the sole
property of the City and may be used, reused, or otherwise disposed of by the
City without the permission of the Contractor. With respect to computer files,
Contractor shall make available to the City, at the Contractor's office and upon
reasonable written request by the City, the necessary computer software and
hardware for purposes of accessing, compiling, transferring, and printing
computer files.
9. INDEMNIFICATION AND HOLD HARMLESS
Contractor hereby assumes liability for and agrees to defend (at
Indemnitees' option), indemnify, protect and hold harmless City and its Project
Contractors, and Engineers, officers, agents, and employees ("Indemnitees")
from and against any and all claims, charges, damages, demands, actions,
proceedings, losses, stop notices, costs, expenses (including attorneys' fees),
judgments, civil fines and penalties, liabilities of any kind or nature whatsoever,
which may be sustained or suffered by or secured against the Indemnitees
arising out of or encountered in connection with this Agreement or the
performance of the work including, but not limited to, death of or bodily injury to
persons or damage to property, including property owned by or under the care
and custody of City, and for civil fines and penalties, that may arise from or be
caused, in whole or in part, by any negligent or other act or omission of
Contractor, its officers, agents, employees or Subcontractors including but not
limited to, liability arising from:
a) Any dangerous, hazardous, unsafe or defective condition of, in or on
the premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor, its
officers, agents, employees, or subcontractor;
b) Any operation conducted upon or any use or occupation of the
premises by Contractor, its officers, agents, employees, or subcontractors under
or pursuant to the provisions of this Agreement or otherwise;
c) Any act, omission or negligence of Contractor, its officers, agents,
employees, or Subcontractors;
d) Any failure of Contractor, its officers, agents, or employees to comply
with any of the terms or conditions of this Agreement or any applicable federal,
state, regional, or municipal law, ordinance, rule or regulation; and
5
362
e) The conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon
or arising from the use or occupation by Contractor on any other premises in the
care, custody and control of City.
Contractor's obligations under this Section apply regardless of whether or
not such claim, charge, damage, demand, action, proceeding, loss, stop notice,
cost, expense, judgment, civil fine or penalty, or liability was caused in part or
contributed to by an Indemnitee. However, without affecting the rights of City
under any provision of this Agreement, Contractor shall not be required to
indemnify and hold harmless City for liability attributable to the active negligence
of City, provided such active negligence is determined by agreement between
the parties or by the findings of a court of competent jurisdiction. In instances
where City is shown to have been actively negligent and where City's active
negligence accounts for only a percentage of the liability involved, the obligation
of Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with
provisions identical to those set forth here in this section from each and every
subcontractor or any other person or entity involved by, for, with or on behalf of
Contractor in the performance of this Agreement. In the event Contractor fails to
obtain such indemnity obligations from others as required here, Contractor
agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend City as set forth here is
binding on the successors, assigns or heirs of Contractor and shall survive the
termination of this Agreement or section.
This Indemnity shall survive termination of the Agreement or Final
Payment hereunder. This Indemnity I sin addition to any other rights or remedies
that the Indemnities may have under the law or under any other Contract
Documents or Agreements. In the event of any claim or demand made against
any party which is entitled to be indemnified hereunder, City may, in its sole
discretaion, reserve, retain, or apply any monies to the Contractor under this
Agreement for the purpose of resolving such claims; provided, however, City may
release such funds if the Contractor provides City with reasonable assurance of
protection of the Indemnitees' interests. City shall, in its sole discretion,
determine whether such assurances are reasonable.
10. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of
6
363
this Agreement insurance coverage as specified in Attachment 1 attached
hereto and incorporated herein by this reference as though set forth in full.
11. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly
independent Contractor. The personnel performing the services under this
Agreement on behalf of Contractor shall at all times be under Contractor's
exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Contractor or any of Contractor's
officers, employees, or agents, 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,
employees, or agents are in any manner officers, employees, or agents of the
City. Contractor shall not incur or have the power to incur any debt, obligation, or
liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as
provided in the Agreement, City shall not pay salaries, wages, or other
compensation to Contractor for performing services hereunder for City. City shall
not be liable for compensation or indemnification to Contractor for injury or
sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of State and Federal laws and
regulations which in any manner affect those employed by it or in any way affect
the performance of its service pursuant to this Agreement. The Contractor shall
at all times observe and comply with all such laws and regulations. The City, and
its officers and employees, shall not be liable at law or in equity occasioned by
failure of the Contractor to comply with this Section.
ANTI DISCRIMINATION
Neither the Contractor, nor any sub-contractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious
creed, color, national origin, ancestry, physical handicap, medical condition,
marital status or gender of such person, except as provided in Section 12940 of
the Government Code. The Contractor shall have responsibility for compliance
with this Section. [Labor Code Sec. 1735]
13. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is
used against or in concert with any officer or employee of the City in connection
7
364
with the award, terms or implementation of this Agreement, including any method
of coercion, confidential financial arrangement, or financial inducement. No
officer or employee of the City will receive compensation, directly or indirectly
from Contractor, or any officer, employee or agent of Contractor, in connection
with the award of this Agreement or any work to be conducted as a result of this
Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents,
and no public official who exercises authority over or responsibilities with respect
to the Project during his/her tenure or for one year thereafter, shall have any
interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for work to be performed in connection with the Project performed under
this Agreement.
15. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their
firm have any interests, nor shall they acquire any interest, directly or indirectly,
which will conflict in any manner or degree with the performance of their services
hereunder. Contractor further covenants that in the performance of this
Agreement, they shall employ no person having such interest as an officer,
employee, agent, or sub-contractor. Contractor further covenants that Contractor
has not contracted with nor is performing any services directly or indirectly, with
the developer(s) and/or property owner(s) and/or firm(s) and/or partnerships)
and/or public agency(ies) owning property and/or processing an entitlement
application for property in the City or its Area of Interest, now or within the past
one (1) year, and further covenants and agrees that Contractor and/or its sub-
contractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or
public agency(ies) owning property and/or processing an entitlement application
for property in the City or its Area of Interest, while under contract with the City of
Moorpark and for a one-year time period following termination of this Agreement.
16. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and
all such notices and any other document to be delivered shall be delivered by
personal service or by deposit in the United States mail, certified or registered,
return receipt requested, with postage prepaid, and addressed to the party for
whom intended as follows:
8
365
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Commercial Roofing Systems Inc.
11735 Goldring Road
Arcadia, California 91006
Attn: John Waskelis
Either party may, from time to time, by written notice to the other,
designate a different address or contact person, which shall be substituted for the
one above specified. Notices, payments and other documents shall be deemed
delivered upon receipt by personal service or as of the third (3rd) day after
deposit in the United States mail.
CHANGE IN NAME
Should a change be contemplated in the name or nature of the
Contractor's legal entity, the Contractor shall first notify the City of Moorpark in
order that proper steps may be taken to have the change reflected in the
Contract Documents.
17. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that
Contractor is uniquely qualified to perform the services provided for in this
Agreement.
18. LICENSES
At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the
services in this Agreement.
19. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions or covenants referred to
herein shall be filed in the applicable court in Ventura County, California. The
City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties, and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement.
9
366
COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement
of, or the declaration of any right or obligation pursuant to this Agreement or as a
result of any alleged breach of any provision of this Agreement, the prevailing
party shall be entitled to recover its costs and expenses, including reasonable
attorney's fees, from the losing party, and a judgment or decree rendered in such
a proceeding shall include an award thereof.
ARBITRATION
Cases involving a dispute between City and Contractor may be decided by
an arbitrator if both sides agree in writing, with costs proportional to the judgment
of the arbitrator.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties
relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations, and
statements, oral or written, are merged into this Agreement and shall be of no
further force or effect. Each party is entering into this Agreement based solely
upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and
Exhibits of this Agreement are for convenience and identification only and shall
not be deemed to limit or define the content of the respective Articles,
Paragraphs, and Exhibits hereof.
AMENDMENTS
Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the
City Manager.
21. TIME OF COMPLETION
City and Contractor agree that time is of the essence in this Agreement.
City and Contractor further agree that Contractor's failure to perform on or at the
times set forth in this Agreement will damage and injure City, but the extent of
such damage and injury is difficult or speculative to ascertain. Consequently, City
10
367
and Contractor agree that any failure to perform by Contractor at or within the
times set forth herein shall result in liquidates damages of One Hundred dollars
($100.00) per day for each and every day such performance is late. City and
Contractor agree that such sum is reasonable and fair. Furthermore, City and
Contractor agree that this Agreement is subject to Government Code Section
53069.85 and that each party hereto is familiar with and understands the
obligations of said Section of the Government Code.
22. PRECEDENCE
Contractor is bound by the contents of City's Request for Proposal, Exhibit
A, attached hereto and incorporated herein by this reference as though set forth
in full, and the contents of the proposal submitted by the Contractor, Exhibit A,
attached hereto and incorporated herein by this reference as though set forth in
full. In the event of conflict, the requirements of the City's Request for Proposals
and this Agreement shall take precedence over those contained in the
Contractor's Proposal.
INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be
necessary, it is deemed that this Agreement was prepared by the parties jointly
and equally, and shall not be interpreted against either party on the ground that
the party prepared the Agreement or caused it to be prepared.
WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any
such waiver constitute a continuing or subsequent waiver of the same provision.
No waiver shall be binding unless executed in writing by the party making the
waiver.
23. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the
Contractor warrants and represents that he/she has the authority to execute this
Agreement on behalf of the Contractor and has the authority to bind Contractor to
the performance of obligations hereunder.
11
368
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first above written.
CITY OF MOORPARK COMMERCIAL ROOFING SYSTEMS, INC.
By: By:
Steven Kueny, City Manager John Waskelis, Owner
Attest:
Its:
Deborah S. Traffenstedt, City Clerk Title
12
369
ATTACHMENT 1
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work,
Contractor will maintain insurance in conformance with the requirements set forth
below. Contractor will use existing coverage to comply with these requirements.
If that existing coverage does not meet the requirements set forth here, it will be
amended to do so. Contractor acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will
be available to the City.
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability
Commercial General Liability Insurance shall be provided by an Insurance
Services Office "Commercial General Liability" policy form CG 00 01 or the exact
equivalent. Defense costs must be paid in addition to limits. There shall be no
cross liability exclusion for claims or suits by one insured against another. Limits
shall be no less than $1,000,000 per occurrence for all covered losses and no
less than $2,000,000 general aggregate.
Contractor's policy shall contain no endorsements limiting coverage
beyond the basic policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to City for injury to employees of contractors,
subcontractors, or others involved in the project. Policy shall be endorsed to
provide a separate limit applicable to this project.
2. Workers' Compensation
Workers' Compensation insurance shall be provided on a state-approved
policy form providing statutory benefits as required by law with employers' liability
limits no less than $1,000,000 per accident for all covered losses.
13
370
3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01
0692 including symbol 1 (Any Auto) or the exact equivalent shall be provided.
Limits shall be no less than $1,000,000 per accident, combined single limit. If
Contractor owns no vehicles, this requirement may be satisfied by a non-owned
auto endorsement to the general liability policy described above. If Contractor or
Contractor's employees will use personal autos in any way on this project,
Contract shall provide evidence of personal auto liability coverage for each such
person.
4. Excess or Umbrella Liability
Excess or Umbrella Liability insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the
underlying coverages. Any such coverage provided under an umbrella liability
policy shall include a drop down provision providing primary coverage above a
maximum $25,000 self-insured retention for liability not covered by primary but
covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis,
with defense costs payable in addition to policy limits. There shall be no cross
liability exclusion precluding coverage for claims or suits by one insured against
another. Coverage shall be applicable to City for injury to employees of
contractor, subcontractors, or others involved in the Work. The scope of
coverage provided is subject to the approval of city following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less
than $2,000,000 per occurrence and aggregate.
5. Course of Construction
Course of Construction insurance shall provide "all risk" coverage for the
completed value of the project. Policies shall contain the following provisions:
(1) City shall be named as loss payee; and (2) the insurer shall waive all rights of
recovery against City.
Insurance procured pursuant to these requirements shall be written by
insurers that are admitted carriers in the state of California and with A.M. Best
rating of A- or better and a minimum financial size of VII.
Contractor and City agrees as follows:
1. Contractor agrees to endorse the third party general liability
coverage required herein to include as additional insureds City, its
officials, employees, agents, using standard ISO endorsement No.
CG 2010 with an edition date of 1985. Contractor also agrees to
14
371
require all contractors, subcontractors, and any one else involved in
any way with the project contemplated by this Agreement to do
likewise.
2. Any waiver of subrogation express or implied on the part of the City
to any. party involved in this Agreement or related documents
applies only to the extent of insurance proceeds actually paid. City,
having required that it be named as an additional insured to all
insurance coverage required herein, expressly retains the right to
subrogate against any party for sums not paid by insurance. For its
part, Contractor agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to
require all contractors, subcontractors, or others involved in any
way with the project contemplated by this Agreement to do likewise.
3. All insurance coverage maintained or procured by Contractor or
required of others by Contractor pursuant to this Agreement shall
be endorsed to delete the subrogation condition as to the city, or to
specifically allow Contractor or others providing insurance herein to
waive subrogation prior to a loss. This endorsement shall be
obtained regardless of existing policy wording that may appear to
allow such waivers.
4. It is agreed by Contractor and City that insurance provided
pursuant to these requirements is not intended by any party to be
limited to providing coverage for the vicarious liability of City, or to
the supervisory role, if any, of City. All insurance coverage provided
pursuant to this or any other Agreement (express or implied) in any
way relating to City is intended to apply to the full extent of the
policies involved. Nothing referred to here or contained in any
agreement involving City in relation to the project contemplated by
this Agreement is intended to be construed to limit the application
of insurance coverage in any way.
5. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any
kind that has not been first submitted to City and approved of in
writing.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need
arises. Contractor shall not make any reductions in scope of
coverage (e.g. elimination of contractual liability or reduction of
discover period) that may affect City's protection without City's prior
written consent.
15
372
7. Proof of compliance with these insurance requirements, consisting
of binders of coverage, or endorsements, or certificates of
insuranc3e, at the option of City, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of
insurance is not delivered as required, or in the event such
insurance is canceled at any time and no replacement coverage is
provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or
any other Agreement and to pay the premium. Any premium so
paid by City shall be charged to and promptly paid by Contractor or
deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to required others to endorse,
the insurance provided pursuant to these requirements, to require
30 days notice to City and the appropriate tender prior to
cancellation of such liability coverage and notice of any material
alteration or non-renewal of any such coverage, and to require
contractors, subcontractors, and any other party in any way
involved with the project contemplated by this Agreement to do
likewise.
9. It is acknowledged by the parties of this Agreement that all
insurance coverage required to be provided by Contractor or any
subcontractor, and any other party involved with the project who is
brought onto or involved in the project by Contractor, is intended to
apply first and on a primary non-contributing basis in relation to any
other insurance or self insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other
party involved with the insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this Agreement.
Contractor agrees that upon request, all agreements with
subcontractors and others engaged in this project will be submitted
to City for review.
11. Contractor agrees not to self-insure or to use any self-insured
retentions or deductibles on any portion of the insurance required
herein and further agrees that it will not allow any contractor,
subcontractor, architect, engineer, or other entity or person in any
way involved in the performance of Work on the project
contemplated by this Agreement to self-insure its obligations to
City. If Contractor's existing coverage includes a deductible or self-
16
373
insured retention, the deductible or self-insured retention must be
declared to the, City. At that time the City shall review options with
the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage,
or other solutions.
12. The City reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required
by giving the Contractor 90 days advance written notice of such
change. If such change results in substantial additional cost to the
Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, all contracts
pertaining to the project will be deemed to be executed when
finalized and any activity commences in furtherance of performance
under this Agreement.
14. Contractor acknowledges and agrees that any actual or alleged
failure on the part of City to inform Contractor of non-compliance
with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or
any other regard.
15. Contractor will renew the required coverage annually as long as
City, or its employees or agents face an exposure from operations
of any type pursuance to this Agreement. This obligation applies
whether or not the Agreement is canceled or terminated for any
reason. The insurance shall include but not be limited to products
and completed operations and discontinued operations, where
applicable. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Contractor agrees to waive its statutory immunity under any
workers' compensation statute or similar statute, in relation to the
City, and to require all subcontractors and any other person or
entity involved in the project contemplated by this Agreement to do
likewise.
17. Requirements of specific coverage features are not intended as
limitations on other requirements or as a waiver of any coverage
normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or
insured to be all-inclusive.
17
374
18. Any provision in any of the construction documents dealing with the
insurance coverage provided pursuant to these requirements, is
subordinate to and superseded by the requirements contained
herein. These insurance requirements are intended to be separate
and distinct from any other provision in this Agreement and are
intended by the parties to be interpreted as such.
19. All liability coverage provided according to these requirements must
be endorsed to provide a separate aggregate limit for the project
that is the subject of this Agreement and evidencing products and
completed operations coverage for not less than two years after
issuance of a final certificate of occupancy by all appropriate
government agencies or acceptance of the completed work by City.
20. Contractor agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the
right to change City or Contractor for the cost of additional
insurance coverage required by this Agreement. Any such
provisions are to be deleted with reference to City. It is not the
intent of City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against City
for payment of premiums or other amounts with respect thereto.
18
375
EXHIBIT_, ,
PROPOSALFOR
MOORPARK COMMUNITY CENTER AND ARROYO VISTA COMMUNITY CENTER
ROOF PROJECT PROPOSAL
(Pages 10 through 18)
TO THE CITY OF MOORPARK, as City:
In accordance with Agency's Notice Inviting Sealed Bids, and the instructions to bidders, the
undersigned bidder hereby proposes to furnish all materials, equipment,tools, permits labor,
transportation and incidentals required for the above stated project as set forth in the
Contract Documents and to perform all work in the manner and time prescribed therein.
Bidder declares that this proposal is based upon careful examination of the work sites and all
contract documents. If this proposal is accepted for award, bidder agrees to enter into a
contract with Agency at the unit and/or lump sum prices set forth in the following Bid
Schedule. Bidder understands that failure to enter into a contract in the manner and time
prescribed will result in forfeiture to Agency of the guarantee accompanying this proposal.
Bidder understands that a bid amount is required in a manner set forth in the Bid Schedule
solely for the purpose of comparing bids, and that final compensation under the contract will
be based upon the actual quantities of work satisfactorily completed. THE AGENCY
RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT. It is agreed
that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties,
and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over
extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the bidder's
default in executing the required contract and filing the necessary bonds and insurance
certificates within fourteen days, not including Saturdays, Sundays and legal holidays, after
the Agency has mailed notice of the award of contract to the bidder, this bid and the
acceptance hereof may, at the Agency's option, shall be considered null and void.
b
Contractor's Name
Authorized Signatur
Signer's Title If
Ni
10
376
PROPOSAL
-- MOORPARK COMMUNITY CENTER AND ARROYO VISTA COMMUNITY CENTER
ROOF
Site 1: Moorpark Community Center Modified Bituminous Membrane Roofing
Location: City of Moorpark, 799 Moorpark Ave, Moorpark
Roof Section: Low Slope-Flood-Gravel
Project Square Feet: 4,262
Project Bid Requirements: Attached -Appendix II Specifications
Roof Inspection Report: Attached -Appendix III
Site 2: Arroyo Vista Community Center Modified Bituminous Membrane Roofing
Location: Arroyo Vista Community Center, 4450 Tierra Rejada Road, Moorpark
Roof Section: Lower (475 sqft) and Upper (725sgft)
Project Square Feet: 1,200
Project Bid Requirements: 30-year Roof
Roof Inspection Report: Attached
SCOPE OF WORK
STRESSPLY EUV FOR COLD APPLIED MODIFIED SYSTEM. Remove existing roof system
down to wood deck. Replace damaged and dry rot wood found during tear off and visual
inspection. Mechanically Fasten tapered Polyisocyanurate insulation. Install Y2" wood
fiberboard insulation in hot asphalt over the Polyisocyanurate Insulation yielding insulation
system average of R-15 Value. Install "crickets" in strategic locations to facilitate improved
drainage to the internal drains. Install two plies of HPR Premium Glasfelt, in Weatherking
high grade, cold applied, rubber modified asphalt adhesive. Install"StressPly EUV FR
Mineral'modified bitumen membrane as the surface capsheet. Install all new flashing with 40
mils SBS modified bitumen membrane base ply and a"StressPly EUV FR Mineral'cap sheet.
Install a new metal coping cap system (where applicable) to permanently eliminate water
from entering the building walls. Install new metal edges (where applicable). Re-sleeve
stacks in lead and re-sump drains (where applicable) Abandoned curbs will be removed,
active curbs will be re-flashed. Apply final top coat of Pyramic, bright white highly reflective
coating
Price must include labor, material, and equipment to perform work, in accordance with
contract documents, specifications, permits and all disposal fees.
Site 1: S'PUrkW 046 TIMISA440 rwe f{vt OM f' Ty E &f4T- Dollars ($ 11,ZgR_00
(Amount in Words)
Site 2:T-lIM TWO 7Not15kND AND (=oRT-r UI&I-11 Dollars ($ 2 0q •0p
(Amount in Words)
I, the undersigned agree to furnish and install work as identified in this Proposal, and as
described in the contract documents for the amount shown on this Bid Proposal.
11
377
BIDDER'S INFORMATION
Bidder certifies that the following information is true and correct:
Bidder's Name ham,
Type of Firm Individual; Partnership; Corporation
Business Address
6-A 41160
Telephone
State Contractor's License No. and Class (es)
AA I
G
Original Date Issued Expiration Date VZ11 [(?
Bidders or Subcontractor's State No.; list categories and "type" of license(s).
1) Expiration Date -37 I:j7 /-
2) Expiration Date
3) Expiration Date
*If Bidder intends to use a subcontractor for any services described in the Scope of Services,
information related to the subcontractor must be disclosed on Subcontractor Form.
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners,joint ventures, and/or corporate officers having a principal interest in this
proposal:
1�6
AW Vica
13
378
CONTRACTOR'S REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for
which bidder has performed similar services within the past two years:
1.
Name and address of owner
• l_ A V
Name and telephone nurNber person familiar with project
4
Contract amount, type of work, co tract period (date
2. VvAlndt V4-J� . lemon . 4li
Name and address of owner
� f
am and telephone nu f person familiar with project
�Mms. __ IL6>_I
Contract a ount, type of work, contract period (date)
'f �•
3. GI V • 1
Name and address of owner
�& �q 0*
�,h -(LqO �_ "
NamA and telephone nu f person familiar with project
Il_e __L_��lv
Contract amount, type of work, co period (date)
15
379
PUBLIC AGENCIES REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for
which bidder has performed services, of similar size, price, and scope, within the past two
years:
1. oll h .
ame and address of ow er or agency.
w5 i - P6 05;(- boo
Name and telephone nu er of person familiar with project
l.b M I 11 01-1 0?
Contract amount, type of work, contract period (date)
2. .
ame and address of owner or agency.
kyle,C""A'
N e and telep1hone number ofperson familiar with project
C-1,71 KAIL,-, emu , I ce- /0/01
Contract amount, type of work, contract period (date)
3.
ame and address of owner or agency.
Name a ephone nu er of person familiar with project
�D �V at CKO- Y01
ontract amount, type of work, contract period (date)
* Bidder may attach additional sheets to include additional references
16
380
SUBCONTRACTORS
The undersigned submits herewith a list of subcontractors who will perform any work
described in the Scope of Services.
Name Under Which License No. & Class (or Specific Description of
Subcontractor is categories) Subcontract and Portion of
Licensed Business Address and the Work to be Done
Phone
1)
0
a 0
-77
2
3)
Use additional room if needed to list more than three subcontractors.
17
381
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
Bidder certifies that in all previous contracts and subcontracts, all reports, which may have
been due under the requirements of any Agency, State, or Federal equal employment
opportunity orders, has been satisfactorily filed, and that no such reports are currently
outstanding.
NON-COLLUSION AFFIDAVIT
Bidder declares that the only persons or parties interested in this proposal as principals are
those names herein; that no officer, agent, or employee of the Agency is personally
interested, directly or indirectly, in this proposal; that this proposal is made without
connection to any other individual, firm, or corporation making a bid for the same work and
that this proposal is in all respects fair and without collision or fraud.
AFFIRMATIVE ACTION CERTIFICATION
Bidder certifies that affirmative action has been taken to seek out and consider minority
business enterprises for those portions of the work to be subcontracted, and that such
affirmative actions have been fully documented, that said documentation is open to
inspection, and that said affirmative action will remain in effect for the life of any contract
awarded hereunder. Furthermore, bidder certifies that affirmative action will be taken to
meet all equal employment opportunity requirements of the contract documents.
TITLE 49, CODE OF FEDERAL REGULATIONS PART 29 DEBARMENT AND
SUSPENSION CERTIFICATION
The bidder under penalty of perjury, certifies that except as noted below, bidder or any
person associated therewith in the capacity of owner; partner, director, officer, or
manager: is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency; has not been suspended, debarred,
voluntarily excluded, or determined ineligible by any federal agency within the past three (3)
years; does not have a proposed debarment pending; and has not been indicted, convicted,
or had a civil judgment rendered against bidder by a court of competent jurisdiction in any
matter involving fraud or official misconduct within the past three (3) years.
If there are any exceptions to this certification, insert the exceptions in the following space.
�4oNf 0,
Exceptions will not necessarily result in denial of award, but will be considered in determining
bidder's responsibility. For any exception noted above, indicate below to whom it applies,
initiating agency, and dates of action. The above certification is part of the Proposal. Signing
this Proposal on the signature portion thereof shall also constitute signature of this
Certification. Note: Providing false information may result in criminal prosecution or
administrative sanctions.
18
382