HomeMy WebLinkAboutCC AG PKT 2012-03-12 #EAGENDA STAFF REPORT
DATE: March 12, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby P.E., Assistant City Manager /Public Works
SUBJECT: 12 INCH HELLMAN WATER TRANSMISSION MAIN
RELOCATION PROJECT NO. WT0901 - AWARD OF
CONTRACT
SUMMARY OF REQUEST:
That the City Council :
1. Adopt Resolution No. 6234 awarding a contract to Dominguez General
Engineering, Inc. in the amount of $453,094 for the 12 -Inch Hellman
Water Transmission Main Relocation Project No. WT0901.
2. Adopt Resolution No. 6235 approving Amendment No. 1 to Agreement to
AKM Consulting Engineers, Inc. for additional design, as- built, and
construction support services in the amount of $39,900.
BACKGROUND AND ANALYSIS:
The Orange County Flood Control District is currently reconstructing a flood
control pump station at the Los Alamitos Retarding Basin located south of Island
Village in the City of Long Beach. The flood control basin will improve the
operation of the Retarding Basin which will improve flood control capacity
primarily in the City of Seal Beach.
The new station is requiring a 4 -inch water meter connection. Currently, the City
does not have looped water main service with the ability to feed a 4 -inch water
service to this pump station. There is an 18 -inch water line that dead ends at the
southern point of the new pump station that is being used for construction water
but is insufficient for final pump station use. Additionally, the City does not
currently have redundancy in our City's water system between PCH and
Westminster.
In anticipation for the need to connect a second point of connection to this pump
station, the County has granted to the City a 30 -foot utility easement along the
southern boundary of the retarding basin so the City can install a new water line
to connect the terminus of the existing 18 -inch line to a second point of
Agenda Item E
connection in the City's system on Adolfo Lopez drive. This new line will provide
the necessary flow to the new pump station along with providing the City with a
looped system between PCH and Westminster Avenue.
On February 7, 2012, the City Clerk's office received fourteen bids with the
following results:
Rank
Contractor
Base Bid
Ni • ht Work Alt 1
Total Bid
1
Big Ben, Inc.
$409,407.00
$180,000.00
$589,407.00
2
Dominguez General Engineering
$448,094.00
$5,000.00
$453,094.00
3
Stephan Doreck Equipment Rentals
$471,778.75
$204,910.00
$676,688.75
4
Excel Paving
$491,645.00
$26,500.00
$518,145.00
5
Kana Pipeline
$494,751.00
$13,000.00
$507,751.00
6
John T. Mallow
$523,127.00
$50,000.00
$573,127.00
7
MNR Construction
$548,550.00
$28,300.00
$575,850.00
8
Miramontes Construction
$563,063.00
$327,875.00
$890,938.00
9
Garcia Juarez Construction
$574,770.00
$1,000
$575,770.00
10
JA Salazar Construction
$577,344.00
$0
$577,344.00
11
Charles King Co.
$599,897.00
$12,400.00
$612,297.00
12
R.Y. Engineering Works
$605,799.00
$40,000.00
$645,799.00
13
Mike Bubalo Construction
$702,655.00
$20,000.00
$722,655.00
14
GC! Construction
$813,405.00
$60,000.00
$873,405.00
The apparent low bidder, Big Ben, Inc. has sent the City a letter requesting that
their bid be withdrawn due to administrative errors. The second lowest bidder is
Dominguez General Engineering, Inc.
In order to be allowed to use the 30 -foot wide easement, the City has to obtain
an encroachment permit form the County. One of the main conditions of the
permit is that the City not perform any work on the County's access road (the
road that the City has the 30 -foot easement) while the County's project is
ongoing. The reason is because that access road is the main point of
ingress /egress for the County's contractor to use for their construction vehicles
and for large truck deliveries. The City would need to close down the access
road completely in order to install the waterline.
The contractor working on the Pump Station for the County is currently still in
construction and the County does not have an anticipated completion date. The
County's project has been delayed numerous times already and is years past
their original estimated completion date. The County Pump Station Project could
have more delays before it is completed. Because of this, staff built in the
possibility for night work into the bid packages to the prospective bidders.
Recent discussions with the County have confirmed that the City would need to
build the project at night in order to not affect the County's construction project.
The City has already been operating on a water system where there is only one
point of connection between the southern portion of the City and the northern
portion of the City since the County started their project years ago. Any further
delays in constructing this new waterline could potentially result in lost water
service to customers and very costly repairs.
Page 2
The estimated cost to construct this project is approximately $650,000. The City
currently has $500,000 budgeted. The budget is not sufficient to build this
project. Rebidding this project is not expected to generate any significant
savings. One reason is due to rising costs of oil resulting in the increase of
construction costs. Rebidding may actually increase the cost of this project since
trucking and asphalt costs will continue to increase between now and a new bid
opening. Also, given that the City received 14 bids, this is a very competitively
bid project and rebidding the project could potentially result in less bidders and
higher costs from the low bidder.
The City has already been operating without redundancy in this section of our
water system for longer than desirable and there is urgency to starting this
project as soon as possible and restoring the City's completely looped system
back into effect.
Based upon the references, qualifications, work experience and cost, staff
recommends selecting Dominguez General Engineering, Inc. as the lowest
responsive bidder at $453,094 for both the base bid and the optional night work.
This agenda item is also requesting an additional $39,900 to the consultant, AKM
Consulting Engineers, Inc. for the following services:
1. Permit Support with the County of Orange and with Long Beach
2. Prepare final as -built plans
3. Construction support services which includes submittal review, site
meetings with contractors, design modifications due to changed field
conditions and technical support during construction and bidding
The above additional services are needed for necessary technical support during
the construction phase of this project.
ENVIRONMENTAL IMPACT:
This project complies with all requirements of the California Environmental
Quality Act (CEQA) and is categorically exempt under section 15302.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
This project is budgeted in the approved FY 2011/12 Budget for $500,000. The
breakdown for this project is as follows:
Page 3
Estimated Expenses: Amount
Design (including Construction support) $90,000.00
Construction (with night work) $453,094.00
Inspection $50,000.00
Contingency $50,000.00
TOTAL $643,094.00
The total cost for all phases of this project will be over budget by approximately
$150,000. There are sufficient funds in Project No. WT1101 — Water System
Infrastructure Repairs to cover this additional cost.
Budgeted Funds Amount
12 -inch Hellman Water Main - WT0903
Water Infrastructure Repairs - WT1101
$500,000
$400,000
Totals: $900,000
RECOMMENDATION:
That the City Council:
1. Adopt Resolution No. 6234 awarding a contract to Dominguez General
Engineering, Inc. in the amount of $453,094 for the 12 -Inch Hellman
Water Transmission Main Relocation Project No. WT0901.
2. Adopt Resolution No. 6235 approving Amendment No. 1 to Agreement to
AKM Consulting Engineers, Inc. for additional design, as- built, and
construction support services in the amount of $39,900.
SUBMITTED BY:
Sean P. Crumby
Assistant City Manager
ublic Works
NOTED AND APPROVED:
Prepared by: David Spitz, Associate Engineer
Attachments:
A. Location Map
B. Dominguez General Engineering, Inc.
C. AKM Consulting Engineers, Inc.
Page 4
R. Ingram, C. nager
Westminster Blvd,
r♦ iirir� / /
Existing Seal Beach
18 -in CML &C waterline
1.
New 8 -in waterline to
Pump Station
(by project contractor)
New 12 Water Line
New 12" Water Line
Existing Seal Beach
18 -in CML&C waterline
Existing 10" Water Line
New 12" Water Line
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Los Alamitos Pump Station — Utility Exhibit
4
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Created By: Kasey Nielsen
Date: 10/28/09
Scale: NTS
RESOLUTION NUMBER 6234
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING THE CONTRACT FOR THE 12 INCH HELLMAN
WATER TRANSMISSION MAIN RELOCATION PROJECT NO.
WT0901 TO DOMINGUEZ GENERAL ENGINEERING, INC.
WHEREAS, the City of Seal Beach is proposing the 12 Inch Hellman Water
Transmission Main Relocation Project.
WHEREAS, staff recommends selecting Dominguez General Engineering as the
lowest responsible and responsive bidder.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. The City Council hereby awards a contract for the 12 Inch Hellman
Water Transmission Main Relocation Project in the amount of $453,094.00 to
Dominguez General Engineering, Inc.
Section 2. The Council hereby directs the City Manager to execute the contract.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 12th day of March . 2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6234 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 12th day of March , 2012.
City Clerk
PUBLIC WORKS AGREEMENT
FOR 12 -INCH HELLMAN WATER
TRANSMISSION MAIN RELOCATION
CIP NO. WTT0901
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Dominguez General Engineering, Inc.
3606 Strang Avenue
Rosemead, CA 91770
(626) 442 -7444
(626) 442 -7277 - FAX
THIS AGREEMENT is made as of February 27, 2012, by and between the City of Seal
Beach, a California charter city ( "City "), and Dominguez General Engineering, Inc., a
General Contractor ( "Contractor ").
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RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for
the 12 -Inch Hellman Water Transmission Main Relocation Project, CIP No. WT0901
( "Project ") with respect to design criteria; and
B. WHEREAS, Contractor has submitted a bid to City for the Project dated
February 7, 2012 in the amount of $453,094 ( "Accepted Proposal" hereinafter). The
Accepted Proposal is attached hereto as Exhibit G and contains, among other things,
provisions defining the Project scope.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
AGREEMENT
1 Contractor's Services.
1.1 Scope and Level of Services. For and in consideration of the
mutual promises set forth herein, and subject to the terms and conditions set forth in
this Agreement, Contractor shall perform and complete in good and workmanlike
manner all work ( "Work ") required by this Agreement and the documents listed in
Subsection 1.2 for the Project.
1.2 Contract Documents. The "Contract Documents" that comprise the
agreement between the City and the Contractor are the: Notice Inviting Bids,
Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s),
List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification
Statement, Bid Security Forms for Check or Bond, Specifications, General and Special
Provisions and documents referenced therein, all addenda as prepared prior to the date
of bid opening setting forth any modifications or interpretations of any of said
documents, this Agreement, Exhibits attached to this Agreement, including but not
limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers'
Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D),
Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws
(Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any
and all supplemental agreements executed amending or extending the Work
contemplated and that may be required to complete the Work in a substantial and
acceptable manner. These Contract Documents are hereby incorporated into this
Agreement.
1.3 The Work shall be performed in accordance with the Plans,
Specifications and other Contract Documents. Contractor shall furnish at its own
expense all labor, materials, equipment and services necessary therefor, except such
labor, materials, equipment and services as are specified in the Contract Documents to
be furnished by City.
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1.4 In the event of any material discrepancy between the express
provisions of this Agreement and the provisions of the other Contract Documents, the
provisions of this Agreement shall prevail.
2. Effective Date. This Agreement is effective as of February 27, 2012(the
"Effective Date "), and shall remain in full force and effect until Contractor has rendered
the services required by this Agreement.
3. Payment. For performing and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the
amount of $453,094, subject to any additions and deletions pursuant to the terms of the
Contract Documents. Said sum shall constitute payment in full for all work performed
hereunder, including, without limitation, all labor, materials, equipment, tools and
services used or incorporated in the Work, supervision, administration, overhead,
expenses and any and all other things required, furnished or incurred for completion of
the Work as specified in the Contract Documents. City shall make payments to
Contractor on account of the contract sum at the time, in the manner, and upon the
conditions specified in the Contract Documents.
4. Contractor's Personnel.
4.1 All Work shall be performed by Contractor or under Contractor's
direct supervision, and all personnel shall possess the qualifications, permits, and
licenses required by state and local law and by the Notice Inviting Bids /Instructions to
Bidders to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code.
4.2 Contractor shall be responsible for payment of all employees'
wages and benefits, and shall comply with all requirements pertaining to employer's
liability, workers' compensation, unemployment insurance, and Social Security.
Contractor shall fully comply with the workers' compensation law regarding Contractor
and Contractor's employees.
4.3 Contractor shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents serving as
independent contractors in the role of city officials, from any and all liabilities, damages,
claims, costs and expenses of any nature to the extent arising from Contractor's alleged
violations of personnel practices.
4.4 Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its
agents shall have control over the conduct of Contractor or any of Contractor's
employees, except as set forth in this Agreement. Contractor shall not, at any time, or
in any manner, represent that it or any of its officers, agents, or employees are in any
manner employees of City. Contractor shall pay all required taxes on amounts paid to
Contractor under this Agreement, and indemnify and hold City harmless from any and
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all taxes, assessments, penalties, and interest asserted against City by reason of the
work performed pursuant to this Agreement.
4.5 City shall have the right to offset against the amount of any fees
due to Contractor under this Agreement any amount due to City from Contractor as a
result of Contractor's failure to promptly pay to . City any reimbursement or
indemnification arising under this Section 4.
5. Indemnification.
5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the
City, its elected officials, officers, employees, volunteers, agents, and those City agents
serving as independent contractors in the role of City officials (collectively
"Indemnitees ") free and harmless from and against any and all claims (including, without
limitation, claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a "Claim," collectively, "Claims "), in any manner arising out of or incident to the
performance of the Agreement, including without limitation, the payment of all
consequential damages and attorneys' fees and other related costs and expenses.
Further, Contractor shall appoint competent defense counsel, at Contractor's own cost,
expense and risk, to defend any and all such suits, actions or other legal proceedings of
every kind arising out of or incident to the performance of the Agreement that may be
brought or instituted against lndemnitees. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City or the other lndemnitees
in any such suit, action, or other legal proceeding arising out of or incident to the
performance of the Agreement. Contractor shall reimburse the City and the other
Indemnitees, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Contractor or Indemnitees. This indemnity shall apply to all Claims and liability
regardless of whether any insurance policies are applicable.
5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1,
Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in
connection with, arising out of or incident to any bid protest.
5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed
to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent
arising from the sole negligence or willful misconduct of the lndemnitees.
5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any
rights that they may possess against Contractor because of the acceptance by City, or
the deposit with City, of any insurance policy or certificate required pursuant to this
Agreement.
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5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and
all parties claiming under or through it, hereby waives all rights of subrogation against
the Indemnitees, while acting within the scope of their duties, from all claims, losses,
and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor.
5.6 Survival. The provisions of this Section 5 shall survive the
termination of the Agreement and are in addition to any other rights or remedies that
Indemnitees may have under the law. Payment is not required as a condition precedent
to an Indemnitee's right to recover under this indemnity provision, and an entry of
judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to
recover under this indemnity provision.
6. Insurance.
6.1 Liability Insurance. Contractor shall procure and maintain in full
force and effect for the duration of this Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Contractor, and its agents, representatives,
employees and subcontractors. The policy limits set forth below do not act as a
limitation upon the amount of indemnification to be provided by Contractor. Contractor
shall complete and execute the following documents attached as Exhibits hereto and
incorporated herein by this reference:
6.1.1 Exhibit D -1: Additional Insured Endorsement -
Commercial General Liability.
Automobile Liability.
6.1.2 Exhibit D -2: Additional Insured Endorsement -
6.1.3 Exhibit D -3: Additional Insured Endorsement.
6.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
6.2.3 Insurance Services Office form number CG 20 10 11 85
(Ed. 11/85) covering Additional Insured — Owners, Lessees or Contactors (Form B).
6.2.4 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
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6.3 Minimum Limits of Insurance. Contractor shall maintain limits no
less than:
6.3.1 General Liability: $2,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit shall apply separately to
this Agreement or the general limit shall be twice the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily
injury and property damage.
6.3.3 Employer's Liability: $1,000,000 per occurrence and in
the aggregate for bodily injury or disease and Workers' Compensation Insurance in the
amount required by law.
6.4 Deductibles and Self- Insured Retentions. Contractor shall inform
City of any deductibles or self- insured retentions except with respect to any professional
liability insurance.
6.5 Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
6.5.1 City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City officials,
are to be covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of Contractor; products and completed operations of
Contractor; premises owned, occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shall contain no limitations on
the scope of protection afforded to City, its officers, officials, employees, designated
volunteers or agents serving as independent contractors in the role of City officials
which are not also limitations applicable to the named insured.
6.5.2 For any claims related to this Agreement, Contractor's
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, designated volunteers and agents serving as independent contractors in the
role of City officials. Any insurance or self- insurance maintained by City, their officers,
officials, employees, designated volunteers or agents serving as independent
contractors in the role of City officials shall be excess of Contractor's insurance and
shall not contribute with it.
6.5.3 Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
6.5.4 Each insurance policy required by this Section 6 shall be
endorsed to state that coverage shall not be canceled or materially modified except
after 30 days prior written notice by first class mail has been given to City.
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6.5.5 Each insurance policy, except for any professional
liability policy, required by this Section 6 shall expressly waive the insurer's right of
subrogation against City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors in the
role of city or agency officials.
6.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's
Risk Manager.
6.7 Verification of Coverage. All insurance coverages shall be
confirmed by execution of endorsements on forms approved by the City. The
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All endorsements are to be received and approved by City before
services commence. As an alternative to City forms, Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
7. Liquidated Damages. Should the Contractor fail to complete the project,
or any part thereof, in the time agreed upon in the Contract, the Contractor shall
reimburse the City for the additional expense and damage for each calendar day that
the Contract remains uncompleted after the Contract completion date. It is agreed that
the amount of such additional expense and damage incurred by reason of failure to
complete the Contract is the per diem rate of $750 per calendar day. Such amount is
hereby agreed upon as liquidated damages for the Toss to the City resulting from the
failure of the Contractor to complete the project within the allotted time and to the value
of the operation of the works dependent thereon. It is expressly understood and agreed
that this amount is a reasonable amount and is established in lieu of damages that are
incapable of calculation at the inception hereof; and this amount is not to be considered
in the nature of a penalty. The City shall have the right to deduct such damages from
any amount due, or that may become due to the Contractor, or the amount of such
damages shall be due and collectible from the Contractor or the Contractor's Surety.
Progress payments made after the scheduled completion date shall not constitute a
waiver of liquidated damages.
8. Suspension. City may, in writing, order Contractor to suspend all or any
part of the Contractor's Services for the convenience of City or for work stoppages
beyond the control of City or Contractor. A suspension of the Services does not void
this Agreement.
9. Notices. Any notices, bills, invoices, or reports authorized or required by
this Agreement shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during Contractor's and City's
regular business hours or by facsimile before or during Contractor's regular business
hours; or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses heretofore set forth in the Agreement, or to such
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other addresses as the parties may, from time to time, designate in writing pursuant to
the provisions of this Section. All notices shall be addressed as follows:
If to City:
City Clerk
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Telephone: (562) 431 -2527
Fax: (562) 493 -9857
With a copy to:
Public Works Director
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
If to Contractor: Dominguez General Engineering, Inc.
3606 Strang Avenue
Rosemead, CA 91770
(626) 442 -7444
(626) 442 -7277 - FAX
Attn: Adolfo Dominguez
10. Non - Assignability; Subcontracting. Contractor shall not assign, transfer,
or subcontract any interest in this Agreement or the performance of any of Contractor's
obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract
any rights, duties, or obligations arising hereunder shall be null, void and of no effect.
11. Compliance with Laws. Contractor shall comply with all applicable federal,
state and local laws, ordinances, codes and regulations in force at the time Contractor
performs the Services.
12. Non - Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Contractor constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Contractor, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
13. Attorneys' Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including all attorneys' fees incurred in connection therewith.
14. Construction. The validity, interpretation, and performance of this
Agreement shall be controlled by and construed under the laws of the State of
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California. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
15. Entire Agreement. This Agreement, including any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Contractor and City. This Agreement supersedes all prior oral or
written negotiations, representations, or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement.
16. Severability. The invalidity in whole or in part of any provisions of this
Agreement shall not void or affect the validity of the other provisions of this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH CONTRACTOR: Dom „a 6 caZ (;_�, ektc c v C
By:
Jill R. Ingram, City Manager
Attest:
By:
Linda Devine, City Clerk
Approved as to Form:
By:
Quinn M. Barrow, City Attorney
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By:
Name:
Title:
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Name: cl� \,, GO,,�tl� cf. 2
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Title: SCrr�.to_v.
EXHIBIT A
FAITHFUL PERFORMANCE BOND
EXHIBIT B
PAYMENT BOND
EXHIBIT C
WORKERS' COMPENSATION INSURANCE CERTIFICATE
EXHIBIT D -1
ADDITIONAL INSURED ENDORSEMENT
(COMMERCIAL GENERAL LIABILITY)
EXHIBIT D -2
ADDITIONAL INSURED ENDORSEMENT
(AUTOMOBILE LIABILITY)
EXHIBIT D -3
ADDITIONAL INSURED ENDORSEMENT
EXHIBIT E
ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING
CONTRACTOR LICENSING LAWS
EXHIBIT F
LABOR LAW REQUIREMENTS
EXHIBIT G
ACCEPTED PROPOSAL
(NOTE: Exhibits will not be included with the contract at the
time of award. The Contractor shall have 10 working days to
submit all exhibits to the City after the award of contract. Failure
to do so will result in voiding of the contract. The City will then
have the right to cash the bid bond for the project and re-
advertise for construction or award to the next lowest
responsive bidder.)
RESOLUTION NUMBER 6235
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH
AKM CONSULTING ENGINEERS INC FOR PROFESSIONAL
SERVICES FOR THE 12 -INCH HELLMAN WATER
TRANSMISSION MAIN RELOCATION PROJECT NO. WT0901
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby approves that certain Amendment No. 1 to
the agreement between the City and AKM Consulting Engineers, Inc., dated
September 13, 2010, adding an additional $39,900 for additional design, as -built
and construction support services.
SECTION 2. The City Council hereby authorizes and directs the City Manager to
execute the amendment on behalf of the City.
SECTION 3. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 12th day of March, 2012 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6235 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 12th day of March, 2012.
City Clerk
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT FOR ORANGE COUNTY FLOOD CONTROL 12-
INCH WATERMAIN RELOCATION PROJECT
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
AKM Consulting Engineers, Inc.
553 Wald
Irvine, CA 92618
(949) 753 -7333
This Amendment No. 1 dated March 12, 2012, amends that certain agreement
( "Agreement ") between the City of Seal Beach, a California charter city ( "City ") and AKM
Consulting Engineers, Inc. ( "Consultant ") dated September 13, 2010.
1
RECITALS
WHEREAS, City and Consultant entered into the Agreement on September 13,
2010 under which Consultant has provided professional services in connection with the
design of the 12 -inch Hellman Water Transmission main Relocation Project ( "Project);
and
WHEREAS, due to shortage of funding, the City has requested that Consultant
modify the Project; and
WHEREAS, the parties wish to amend the Agreement to increase Consultant
compensation by $39,900 to compensate Consultant for such additional services
required in connection with modifying the Project.
NOW, THEREFORE and in consideration of the foregoing and of the mutual
covenants and promises herein set forth, the parties agree to amend the Agreement as
follows:
Section 1. Section 1.0 (Scope of Services) of the Agreement is hereby amended to
read as follows:
"1.0 Scope of Services
1.1. Consultant shall provide those services ( "Services ") set forth in the attached
Exhibit A. To the extent that there is any conflict between Exhibit A and this
Agreement, this Agreement shall control.
1.2. Consultant shall provide those additional services ( "March 2012 Additional
Services ") set forth in the attached Exhibit B. To the extent that there is any
conflict between Exhibit B and this Agreement, as amended, this Agreement
shall control.
1.3. Consultant shall perform all services under this Agreement, as amended, on a
timely, regular basis and in a manner reasonably satisfactory to the City.
1.4. In performing this Agreement, as amended, Consultant must comply with all
applicable provisions of federal, state, and local law.
1.5. Consultant will not be compensated for any work performed not specified in
Exhibits A -B unless the City authorizes such work in advance and in writing. The
City Manager may authorize payment for such work up to a cumulative maximum
of $10,000. Payment for additional work in excess of $10,000 requires prior City
Council authorization.
1.6. As a material inducement to City to enter into this Agreement, Consultant hereby
represents that it has the experience necessary to undertake the services to be
provided. In light of such status and experience, Consultant hereby covenants
2
that it shall follow the customary professional standards in performing all
services.
1.7. By executing this Agreement, Consultant represents that, to the extent required
by the standard of practice, Consultant (a) has investigated and considered the
scope of services to be performed, (b) has carefully considered how the services
should be performed, and (c) understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement."
Section 2. Section 2.0 (Term) of the Agreement is hereby amended to read as follows:
2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall
continue until February 1, 2013 unless previously terminated as provided by this
Agreement.
Section 3. Section 3.0 (Compensation) of the Agreement is hereby amended to read as
follows:
"3.0 Consultant's Compensation
3.1 City will pay Consultant in accordance with the fee schedule set forth in Exhibit
A for services. In no event will the City pay more than:
® $50,100 for the services identified in Exhibit A
o $39,900 for the additional services identified in Exhibit B
3.2 Any additional work authorized by the City pursuant to Section 1.5 will be
compensated in accordance with the rate schedule set forth in Exhibit A, Appendix
A.
A
Section 4. All other terms and provisions of the Agreement, as previously amended, shall
have full force and effect.
Section 5. The Council hereby authorizes the City Manager to execute on behalf of
the City Amendment No. 1 to the certain agreement dated September 13, 2010
between the City and Consultant as to the Project.
Section 6. The Council hereby directs the City Clerk to attach Amendment No. 1 and
Exhibit A to the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1
to be executed and attested by their proper officers thereunto:
(Signatures follow)
3
CITY OF SEAL BEACH
Jill Ingram, City Manager
ATTEST:
Linda Devine, City Clerk
APPROVED AS TO FORM:
Quinn M. Barrow, City Attorney
4
CONTRACTOR
President o:1etary
MIN ,. v®, Water
m O A® Resources
AIL ■ Ills MI MI
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,er ■ is El LEI
AKM Consulting Engineers
553 Wald
Irvine, CA 92618
Telephone: 949.753.7333
Facsimile: 949.753.7320
March 2, 2012
City of Seal Beach
211 Eighth Street, 2nd Floor
Seal Beach, California, 90740 -6379
Attention: Mr. David Spitz
Associate Engineer
Infrastructure
Construction
Management
Subject: Proposal to Provide Permitting and Engineering Support Services During Construction
for the 12 -Inch Hellman Waterline Relocation Project
Dear Mr. Spitz:
Pursuant to your request, AKM Consulting Engineers is pleased to submit this proposal to provide permitting
and engineering support services during construction, for the 12 -inch Hellman Waterline Relocation Project.
Our proposed scope of services is as follows.
1. PERMIT SUPPORT
AKM will submit and process the construction drawings through the County of Orange Public Property
Permits Division, for the purpose of obtaining an encroachment permit for the construction of the
proposed waterline. AKM will respond to comments and make all plan revisions necessary to gain project
approval by the County.
2. SHOP DRAWING REVIEW
AKM will review and process Contractor shop drawing submittals for conformance with the contract
documents.
3. RFI RESPONSE
AKM will respond to any Contractor questions which may arise during construction. Work will include
plan revisions, as necessary.
4. FIELD VISITS
AKM will conduct field visits and/or attend construction meetings as requested by the City.
AKM Proposal No. 12 -103 5
Mr. David Spitz, Associate Engineer
City of Seal Beach
March 2, 2012
Page Two
5. AS -BUILT DRAWINGS
AKM will prepare as -built drawings of the constructed project. Changes will be made electronically, with
final deliverables consisting of revised mylar drawings, and electronic files in AutoCAD format.
To complete the above described scope of services, we estimate a total budget of $39,900 will be required.
We appreciate the opportunity to be of service to the City of Seal Beach. If you should have any questions
concerning our proposal, please feel free to call.
Very truly yours,
AK i Cons ngineers
\ i J •, Loague, P.
Principal
AKM Proposal No. 12 -1035
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