CC 2017-01-10_09f CC Chamber Roof Repair
MEMORANDUM
TO: CITY COUNCIL
FROM: GEOFF ENGLISH, PUBLIC WORKS DIRECTOR
SUBJECT: CONSIDERATION OF APPROVAL OF AN AGREEMENT FOR
CONTRACTOR SERVICES AND AN APPROPRIATION OF $25,000 IN
GENERAL FUND RESERVES FOR ROOF REPAIRS TO THE COUNCIL
CHAMBERS BUILDING
DATE: JANUARY 10, 2017
RECOMMENDATION:
It is recommended the City Council:
1. Approve an Agreement for Contractor Services for the Council Chamber Roof
Repair Project to Quaglino Roofing in the amount of $20,420;
2. Authorize the Interim City Manager to approve change orders for 10% of the
amount, $2,042, for unanticipated costs during the construction phase of the
project (total construction costs = $20,420 + $2,042= 22,462);
3. Appropriate $25,000 from the General Fund Reserves to cover all project costs;
and
4. Authorize the Mayor to execute the Agreement for Contractor Services.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The $25,000 appropriation will cover all related expenses for the Council Chambers
Roof Repair project. The use of General Fund reserves is proposed due to the current
condition of the roof and the urgent nature of the project. The unreserved fund balance
of approximately $6.5 million can support this request for one-time funding.
Maintenance of City infrastructure has been identified as a Council goal.
BACKGROUND:
The Council Chambers roof has previously been identified as a priority Capital
Improvement project; however, the project was not funded in the Fiscal Year 2014-2016
Biennial Budget. At the City Council meeting on January 12, 2016, during a report on
the condition of the City’s buildings, a list of prioritized future building related
infrastructure projects was presented (Attachment No. 1). The re-roofing of the Council
Item 9.f. - Page 1
CITY COUNCIL
CONSIDERATION OF APPROVAL OF AN AGREEMENT FOR CONTRACTOR
SERVICES AND AN APPROPRIATION OF $25,000 IN GENERAL FUND RESERVES
FOR ROOF REPAIRS TO THE COUNCIL CHAMBERS BUILDING
JANUARY 10, 2017
PAGE 2
Chambers was listed as the top priority for future building repair projects. The cost for
the roof replacement of approximately $25,000 is less than the original cost estimate by
staff of $40,000 in 2016.
On August 9, 2016 the City Council awarded the City Council Chambers Accessibility
and Audio, Video and Sound System project to Quincon Incorporated and work is
currently nearing completion within the authorized budget constraints. During recent
rain events, significant leaks were discovered in the roof of the Council Chambers that
require remedies beyond the simple patching and temporary tarping that have been
completed by City crews.
ANALYSIS OF ISSUES:
The Council Chambers roof was previously identified as the highest repair project for all
City owned buildings and would have been a priority request recommended for funding
by the Council as part of the adoption of the City’s next Fiscal Year budget. Recent
rainfall has exposed several leaks in the roof of the Council Chamber building that
cannot be addressed by the minor repair funding in the operating budget. Additionally,
the recent Audio, Video and Sound System project included a substantial investment of
technologies and equipment in the building that could potentially be damaged by water
leaking into the building.
As a result, quotations were secured from local roofing companies to remove and
replace the existing roofing materials over the Chambers portion of the building only as
the roofing material over the rear patio appeared to be in good condition. As a result of
this initial evaluation and an interest in minimizing costs for this unbudgeted project,
staff solicited quotations from local roofing companies for the portion of the roof over the
Chambers only. Three quotations were secured for the necessary roof repair work and
Quaglino Roofing from San Luis Obispo submitted the lowest responsible quotation of
$13,460. (Attachment No. 2)
During a follow-up roof inspection with a representative of Quaglino’s Roofing, potential
concerns about the section of the roof over the rear patio were discovered. If leaks
develop in the patio cover roofing section, there is the potential that the water may travel
under the roof and penetrate the Council Chambers section of the building.
Subsequently, staff requested that Quaglino’s Roofing submit a supplemental quotation
to remove and replace the roof over the patio area behind the Council Chambers. The
supplemental quotation for the additional work is $6,960. It is recommended that an
agreement for contractor services be approved with Quaglino’s Roofing in the amount of
$20,420 to remove and replace both roofing sections.
The roof replacement project, if approved, will be scheduled as soon as a window of dry
weather is forecast.
Item 9.f. - Page 2
CITY COUNCIL
CONSIDERATION OF APPROVAL OF AN AGREEMENT FOR CONTRACTOR
SERVICES AND AN APPROPRIATION OF $25,000 IN GENERAL FUND RESERVES
FOR ROOF REPAIRS TO THE COUNCIL CHAMBERS BUILDING
JANUARY 10, 2017
PAGE 3
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve an Agreement for Contractor Services with Quaglino’s Roofing for both
sections of the Council Chambers Roof replacement project and appropriate
$25,000 from the General Fund reserves to cover the project expenses; or
2. Approve an Agreement for Contractor Services with Quaglino’s Roofing for only
the Chambers portion of the roof and appropriate $18,000 from the General Fund
reserves to cover the project expenses; or
3. Do not approve the Agreement for the project; or
4. Provide direction to staff.
ADVANTAGES:
Maintenance of City infrastructure was identified as a Council goal. Replacement of the
Council Chambers roof will help protect the building and equipment in the building from
water damage.
DISADVANTAGES:
General Fund reserves allocated to this project could be used for other projects or
initiatives that may be considered to have a higher priority.
ENVIRONMENTAL REVIEW:
The project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Guidelines Section 15301(b) for the repair of existing facilities.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. List of prioritized building projects
2. Quotation Evaluation Summary
Item 9.f. - Page 3
Page 1
AGREEMENT FOR CONTRACTOR SERVICES
THIS AGREEMENT, is made and effective as of January 10, 2017, between
QUAGLINO ROOFING (“Contractor”), and the CITY OF ARROYO GRANDE, a
Municipal Corporation (“City”). In consideration of the mutual covenants and conditions
set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on January 12, 2017 and shall remain and
continue in effect until February 10, 2017, unless sooner terminated pursuant to the
provisions of this Agreement.
2. SERVICES
Contractor shall perform the tasks described and comply with all terms and
provisions set forth in Exhibit “A”, attached hereto and incorporated herein by this
reference.
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. AGREEMENT ADMINISTRATION
City’s Public Works Supervisor, Ron Simpson, shall represent City in all matters
pertaining to the administration of this Agreement. Stephen Quaglino shall represent
Contractor in all matters pertaining to the administration of this Agreement.
5. PAYMENT
The City agrees to pay the Contractor in accordance with the payment rates and
terms set forth in Exhibit “B”, attached hereto and incorporated herein by this reference.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) 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.
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(b) 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 Section 5.
7. TERMINATION ON OCCURRENCE OF STATED EVENTS
This Agreement shall terminate automatically on the occurrence of any of the
following events:
(a) Bankruptcy or insolvency of any party;
(b) Sale of Contractor’s business; or
(c) Assignment of this Agreement by Contractor without the consent of City.
(d) End of the Agreement term specified in Section 1.
8. DEFAULT OF CONTRACTOR
(a) 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 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.
(b) 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 ten (10) 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.
9. LAWS TO BE OBSERVED. Contractor shall:
(a) Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful prosecution of the
services to be performed by Contractor under this Agreement;
(b) Keep itself fully informed of all existing and proposed federal, state and
local laws, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this Agreement, any materials used in Contractor’s
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performance under this Agreement, or the conduct of the services under this
Agreement;
(c) At all times observe and comply with, and cause all of its employees to
observe and comply with all of said laws, ordinances, regulations, orders, and decrees
mentioned above;
(d) Immediately report to the City’s Contract Manager in writing any
discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders,
and decrees mentioned above in relation to any plans, drawings, specifications, or
provisions of this Agreement.
(e) The City, and its officers, agents and employees, shall not be liable at law
or in equity occasioned by failure of the Contractor to comply with this Section.
10. OWNERSHIP OF DOCUMENTS
(a) 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 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. Such records, together with supporting documents, shall be maintained
for a period of three (3) years after receipt of final payment.
(b) 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.
11. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contractor’s Services, to the fullest extent permitted by
law, Contractor shall indemnify, protect, defend and hold harmless City and any and all
of its officials, employees and agents (“Indemnified Parties”) from and against any and
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all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs
to the extent same are caused in whole or in part by any negligent or wrongful act, error
or omission of Contractor, its officers, agents, employees or subContractors (or any
entity or individual that Contractor shall bear the legal liability thereof) in the
performance of professional services under this agreement.
(b) Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contractor
shall indemnify, defend and hold harmless City, and any and all of its employees,
officials and agents from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including
attorneys fees and costs, court costs, interest, defense costs, and expert witness fees),
where the same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by Contractor or by any individual
or entity for which Contractor is legally liable, including but not limited to officers, agents,
employees or subContractors of Contractor.
(c) General Indemnification Provisions. 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 this section.
(d) Indemnity Provisions for Contracts Related to Construction. 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.
12. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit “C” attached hereto and
incorporated herein as though set forth in full.
Item 9.f. - Page 7
Page 5
13. INDEPENDENT CONTRACTOR
(a) 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 whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor in connection with
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.
14. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure was or is
used against or in concert with any officer or employee of the City of Arroyo Grande in
connection 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 of Arroyo Grande will receive compensation, directly or
indirectly, from Contractor, or from 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.
15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of 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.
16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Contractor in performance of this Agreement shall
be considered confidential and shall not be released by Contractor without City’s prior
written authorization. Contractor, its officers, employees, agents, or subContractors,
shall not without written authorization from the City Manager or unless requested by the
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City Attorney, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories, or other information concerning the work
performed under this Agreement or relating to any project or property located within the
City. Response to a subpoena or court order shall not be considered “voluntary”
provided Contractor gives City notice of such court order or subpoena.
(b) Contractor shall promptly notify City should Contractor, its officers,
employees, agents, or subContractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions, or other discovery request, court order, or subpoena from any person or
party regarding this Agreement and the work performed thereunder or with respect to
any project or property located within the City. City retains the right, but has no
obligation, to represent Contractor and/or be present at any deposition, hearing, or
similar proceeding. Contractor agrees to cooperate fully with City and to provide the
opportunity to review any response to discovery requests provided by Contractor.
However, City’s right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
17. NOTICES
Any notice which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal
Express, which provides a receipt showing date and time of delivery, or (iii) mailing in
the United States Mail, certified mail, postage prepaid, return receipt requested,
addressed to the address of the party as set forth below or at any other address as that
party may later designate by notice:
To City: City of Arroyo Grande
Ron Simpson, Public Works Supervisor
300 E. Branch Street
Arroyo Grande, CA 93420
To Contractor: Quaglino Roofing
Stephen Quaglino
815 Fiero Lane
San Luis Obispo, CA 93401
18. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part
thereof, without the prior written consent of the City.
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19. GOVERNING LAW
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. Any litigation
concerning this Agreement shall take place in the superior or federal district court with
jurisdiction over the City of Arroyo Grande.
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, 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.
21. TIME
City and Contractor agree that time is of the essence in this Agreement.
22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Contractor is bound by the contents of the City’s Request for Proposal, Exhibit
“D”, attached hereto and incorporated herein by this reference, and the contents of the
proposal submitted by the Contractor, Exhibit “B”, attached hereto and incorporated
herein by this reference. In the event of conflict, the requirements of City’s Request for
Proposals and this Agreement shall take precedence over those contained in the
Consultant’s proposals.
23. CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel review
this Agreement and that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement
or any amendments or exhibits thereto. The captions of the sections are for
convenience and reference only, and are not intended to be construed to define or limit
the provisions to which they relate.
24. AMENDMENTS
Amendments to this Agreement shall be in writing and shall be made only with
the mutual written consent of all of the parties to this Agreement.
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25. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of 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
its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ARROYO GRANDE CONTRACTOR
By:__________________________ By:____________________________
Jim Hill, Mayor
Its:____________________________
Attest: (Title)
____________________________
Kelly Wetmore, City Clerk
Approved As To Form:
_____________________________
Heather Whitham, City Attorney
Item 9.f. - Page 11
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EXHIBIT A
SCOPE OF WORK
The Contractor will perform all prep work, installation and clean up. The Contractor will provide
all labor, materials, and equipment to complete the project per specifications.
Scope of work
1. Remove approximately 1,400 square foot of existing Built up roofing (3 layers of
ethylene propylene diene monomer (EPDM) over 2 built up roofs from entire flat
roof area. Clean and haul-away all debris. (The roof area to be removed and
replaced is shown on the attached exhibit.)
2. Replace wood dry rot. Note: The wood repair is to be estimated after the existing
roofing material is removed. A City of Arroyo Grande Public Works
representative will be present during the visual evaluation of the wood material.
All wood repair and replacement will be paid on a time and materials (T&M) basis
using the hourly rate proposed in the Quotation sheet.
3. Install 1/4" secure rock to entire roof area. Install 2”x 4” inch clad metal to entire
perimeter of roof.
4. Install 60 mill Thermoplastic Polyolefin (TPO), Versico or equivalent, single-ply
membrane to approximately 1,400 sf of roof area. The TPO is to be
mechanically attached using 2 & 1/2 inch barbed plates, 12" OC with vinyl coated
HPX Versico or equivalent screws. All seams are to be “Hot-air welded all
according to manufacturer’s specifications.
(The contractor is responsible to measure the roof in advanced and is
responsible for all measurements)
5. Install all new pipe boots and T-tops. Install new pre-fabricated TPO drains.
6. Clean and haul away all roofing debris.
7. Provide a no-cost one-year warranty for all work provided.
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EXHIBIT B
PAYMENT SCHEDULE
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EXHIBIT C
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, Contractor agrees to amend,
supplement or endorse the existing coverage 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 City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office “Commercial
General Liability” policy from 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 are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. 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, Contractor shall provide evidence of personal auto liability
coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
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. Policy shall contain a provision obligating insurer at the time
insured’s liability is determined, not requiring actual payment by the insured first. 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
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Contractor, subContractors or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required
herein. Limits are subject to review but in no event less than $1,000,000 per
occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designated to protect against acts, errors or
omissions of the Contractor and “Covered Professional Services” as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay
on behalf of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurer that are
admitted carriers in the state California and with an A.M. Bests rating of A- or better and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials
employees and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Contractor also agrees to require all Contractors, and subContractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Contractor, or Contractor’s employees, or agents, from waiving the right of
subrogation prior to a loss. Contractor agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all Contractors
and subContractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. 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.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called “third party action over” claims, including any exclusion for bodily
injury to an employee of the insured or of any Contractor or subcontractor.
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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 discovery period) that may affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Contractor’s general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any 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. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. Contractor agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
“endeavor” (as opposed to being required) to comply with the requirements of the
certificate.
9. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contractor or any subContractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Contractor agrees to ensure that subContractors, and any other party
involved with the project who is brought onto or involved in the project by Contractor,
provide the same minimum 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
section. Contractor agrees that upon request, all agreements with subContractors and
others engaged in the 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-insured retention, the deductible or self-insured retention
must be declared to the City. At the 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.
Item 9.f. - Page 17
Page 15
12. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Contractor ninety
(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 increase benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps
that can be deemed to be in furtherance of or towards performance of 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 requirements
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 pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Contractor’s insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers’ compensation or similar act will not limit
the obligations of Contractor under this agreement. Contractor expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor 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 limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
Item 9.f. - Page 18
Page 16
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.
21. 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 charge 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.
22. Contractor agrees to provide immediate notice to City of any claim or loss
against Contractor arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
Item 9.f. - Page 19
Page 17
EXHIBIT D
CITY’S REQUEST FOR PROPOSAL
CITY OF ARROYO GRANDE
DEPARTMENT OF PUBLIC WORKS
1375 Ash Street, Arroyo Grande CA 93420
Telephone: (805) 473-5460 * Fax: (805) 473-5462
NOTICE TO BIDDERS
REQUEST FOR QUOATIONS
DATE: Tuesday, November 29, 2016
SUBJECT: Council Chambers Re-roof
The City of Arroyo Grande is requesting quotes to remove and replace the roofing
material on the Council Chambers, 215 East Branch Street, Arroyo Grande.
TIME AND PLACE FOR SUBMISSION
QUOTES DUE BY 2:00 PM ON Thursday, December 8th, 2016
City of Arroyo Grande Attn: Ron Simpson
1375 Ash Street Phone: (805) 473-5470
Arroyo Grande CA 93420 Fax: (805) 473-5462
CONTRACTOR MUST POSSESS A VALID CALIFORNIA STATE BOARD
CONTRACTOR’S LICENSE PRIOR TO AWARD.
CONTRACTOR MUST POSSESS A VALID CITY OF ARROYO GRANDE
BUISINESS LICENSE PRIOR TO AWARD.
ALL QUOTATIONS MUST BE SUBMITTED ON THE ATTACHED QUOTATION
FORM. FAXED QUOTES WILL BE ACCEPTED.
Item 9.f. - Page 20
Page 18
THIS IS A PREVAILING WAGE PROJECT.
CONTRACTORS ARE RESPONSIBLE TO SET A MANDATORY SITE VISIT
WITH A CITY STAFF REPRESENTATIVE PRIOR TO SUBMITTING A
QUOTATION FORM. CALL RON AT 805-473-5488 TO SCHEDULE.
If you have any questions regarding this project, please contact me at (805) 473-5488
Ron Simpson,
Public Works Supervisor
City of Arroyo Grande
Item 9.f. - Page 21
Page 19
CITY OF ARROYO GRANDE
QUOTATION FORM
DUE DATE: QUOTES DUE BY 2:00 PM ON Thursday, December 8th, 2016
PROJECT: Council Chambers Re-roof
QUOTE:
Pursuant to and in compliance with the Request for Quotation and Specifications related
to the project; It is understood and agreed that:
1. The undersigned has carefully examined all the Bid Documents, including
the Quotation Form and Project Specifications.
2. The undersigned has, by investigation at the site of the Work and
otherwise, satisfied itself as to the nature and location of the Work and has fully
informed itself as to all conditions and matters which can in any way affect the Work
or the cost thereof.
3. The undersigned fully understands the Project Specifications and has
checked carefully all words and figures inserted in its Quotation and
further understands that the City will in no way be responsible for any
errors or omissions in the preparations of the Quotation.
4. The undersigned is licensed in accordance with the laws of the State of
California providing for the registration of Contractors. The undersigned
hereby certifies that they possess at the time of bid, the appropriate
License from the State of California for the work described herein. The
undersigned further agrees that they will maintain current throughout the
term of this contract this State of California License.
5. In conformance with the current statutory requirements of Section 1860 et.
seq. of the Labor Code of the State of California, the undersigned confirms
the following as his or her certification: ("I am aware of the provisions of
Section 3700 of the Labor Code which requires every employer to be
insured against liability for worker's compensation or to undertake self
insurance in accordance with the provisions before commencing the
performance of the work of this Contract." )
Item 9.f. - Page 22
Page 20
QUOTATION FORM, BIDDER INFORMATION AND BUSINESS LICENSE
VERICIATION
(Complete and submit by the bid due date)
Pursuant to and in compliance with the Request for Quotation and Specifications related
to the project: Council Chambers Re-roof
The undersigned bidder, having become thoroughly familiar with the stipulations listed
on the Quotation Form and with the attached Project Specifications and Sample
Agreement for the above mentioned project and with the local conditions affecting the
performance and the cost of the work to be done, hereby proposes and agrees to fully
perform the described work (including the furnishing of any and all labor, materials,
tools, expendable equipment and transportation services necessary to fully perform the
work and complete it in a workmanlike manner) in strict accordance with all applicable
state and local laws for the total Base Quote sum of:
Bid Item Description Total Bid Amount*
Council Chambers Re-roof (See specification)
Hourly Rate Per Roofer for wood replacement calculation
*- Total bid amount to be used to determine the low-bidder
The City of Arroyo Grande will verify the successful contractors City Business License before awarding the project. Failure of
Contractor to be properly licensed upon submission of a quotation may cause the quote to be rejected.
Business Name:
Mailing Address:
Phone Number:
Fax Number:
Email:
Arroyo Grande Business License Number:
Item 9.f. - Page 23
Page 21
Contractors License Number:
Signature of Bidder: _________________________________ Date:
Return to: City of Arroyo Grande
1375 Ash Street
Arroyo Grande CA 93420
For additional information, please call 473-5488. Fax: (805) 473-5462
QUOTES DUE BY 2:00 PM ON Thursday, December 8th, 2016
Item 9.f. - Page 24
Page 22
PROJECT DESCRIPTION AND SPECIFICATIONS
Council Chambers Re-roof
GENERAL CONDITIONS
1. The Contractor is required to fully perform the work as specified below, including the
furnishing of any and all labor, materials, tools, expendable equipment and
transportation services.
PROJECT DESCRIPTION AND SCOPE OF WORK
The Contractor will perform all prep work, installation and clean up. The Contractor will provide
all labor, materials, and equipment to complete the project per specifications.
Scope of work
8. Remove approximately 1,400 square foot of existing Built up roofing (3 layers of
ethylene propylene diene monomer (EPDM) over 2 built up roofs from entire flat
roof area. Clean and haul-away all debris. (The roof area to be removed and
replaced is shown on the attached exhibit.)
9. Replace wood dry rot. Note: The wood repair is to be estimated after the existing
roofing material is removed. A City of Arroyo Grande Public Works
representative will be present during the visual evaluation of the wood material.
All wood repair and replacement will be paid on a time and materials (T&M) basis
using the hourly rate proposed in the Quotation sheet.
10. Install 1/4" secure rock to entire roof area. Install 2”x 4” inch clad metal to entire
perimeter of roof.
11. Install 60 mill Thermoplastic Polyolefin (TPO), Versico or equivalent, single-ply
membrane to approximately 1,400 sf of roof area. The TPO is to be
mechanically attached using 2 & 1/2 inch barbed plates, 12" OC with vinyl coated
HPX Versico or equivalent screws. All seams are to be “Hot-air welded all
according to manufacturer’s specifications.
(The contractor is responsible to measure the roof in advanced and is
responsible for all measurements)
12. Install all new pipe boots and T-tops. Install new pre-fabricated TPO drains.
13. Clean and haul away all roofing debris.
14. Provide a no-cost one-year warranty for all work provided.
Item 9.f. - Page 25
Page 23
PROJECT: Council Chambers Re-roof
Re-roof area of approximately 1,400 sf. is outlined in yellow below.
Item 9.f. - Page 26
CITY OF ARROYO GRANDE
GOVERNMENT BUILDING REPAIR AND
REPLACEMENT SCHEDULE
PRIORITY LOCATION ITEM COST FY
1 Council Chambers Roofing material replacement 40,000.00$
2 Council Chambers Plumbing retrofit 15,000.00$
3 City Hall Roofing material replacement 65,000.00$
4 City Hall Rain gutter replacement 15,000.00$
5 City Hall IT wall insullation project 15,000.00$
6 Corporation Yard Roofing material replacement 46,000.00$
7 Ash Street Restroom Roofing material replacement 25,000.00$
8 Old City Hall Electrical system upgrade 15,000.00$
9 Old City Hall HVAC Unit replacement 9,000.00$
10 Women's Club Building Exterior painting 30,000.00$
11 Women's Club Building Rain gutter replacement 15,000.00$
12 Women's Club Building Interior lighting upgrade 40,000.00$
13 Women's Club Building Flooring replacement 40,000.00$
14 City Hall Interior painting 30,000.00$
15 Old City Hall Roofing material replacement 23,000.00$
16 Stother Park Restroom painting 6,000.00$
17 Soto Complex Jaycee Building Roofing material replacement 20,000.00$
18 Stother Park Roofing material replacement 25,000.00$
19 City Hall Flooring replacement 35,000.00$
20 Rancho Grande Park Restroom painting 3,000.00$
21 Rancho Grande Park Roofing material replacement 15,000.00$
-$
527,000.00$
ATTACHMENT 1
Item 9.f. - Page 27
Policy #: C-001/002
CITY OF ARROYO GRANDE
QUOTATION EVALUATION SUMMARY
DATE PREPARED: 12/19/2016 DEPARTMENT: Public Works
PREPARED BY: Glenda Boner SUPPLIER’S NAME SUPPLIER’S NAME SUPPLIER’S NAME
WRITTEN QUOTATIONS VENDOR: Quaglino Roofing American Roofing Coast Roofing
VERBAL/TELEPHONE QUOTATIONS TELEPHONE: 543-0560 481-8530 773-1422
QUOTED BY: Stephen Frank Hastings
ITEM # DESCRIPTION QUANTITY UNIT UNIT
PRICE
TOTAL
PRICE
UNIT
PRICE
TOTAL
PRICE
UNIT
PRICE
TOTAL
PRICE
1 Council Chambers Re-Roof 1 $13,460.00 $15,850.00 $16,200.00
TOTAL QUOTATION $13,460.00 $15,850.00 $16,200.00
CASH DISCOUNT TERMS
F.O.B.
DELIVERY TIME FROM RECEIPT OF ORDER
ATTACHMENT 2
Item 9.f. - Page 28