HomeMy WebLinkAboutCC AG PKT 2012-11-13 #I 5 A4
AGENDA STAFF REPORT
DATE: November 13, 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: SEAL BEACH BOULEVARD AND GOLDEN RAIN
INTERSECTION IMPROVEMENTS PROJECT NO.
ST1107
SUMMARY OF REQUEST:
Staff recommends that the City Council adopt Resolution No. 6927 for the Seal
Beach Boulevard and Golden Rain Intersection Improvements Project No
ST1 107: (1) approving the plans and specifications; (2) awarding a contract to
Flatiron Electric Group, Inc. in the amount of $265,041.00; (3) approving
Amendment No. 1 to Agreement to KOA Corporation for Construction Support
Services in the amount of $12,500; (4) approving expenditure Of LIP to $20,000
for construction support (inspection) to the firm of Casulas Construction Services;
and (5) authorizing the City Manager to approve contract changes in the amount
of $27,000. In addition, staff recommends that the City Council consider a
donation request from the Golden Rain Foundation of the Cobra Signal Heads
from the existing traffic signals (see attachment D).
BACKGROUND AND ANALYSIS:
In 2010, the City Council authorized a study to assess the existing traffic
operations at the intersection of Seal Beach Boulevard and Golden Rain Road.
Seal Beach Boulevard is a six lane major arterial with a posted speed limit of 50
mph. Golden Rain Road is a private arterial road that serves as the main
entrance to Leisure World, a 55 years and older gated community with a
population of over 9,000. The intersection is an atypical "T" intersection, as the
ingress and egress are separated by almost 200 feet.
The study concluded that a complete redesign of the intersection was
unnecessary; however, modifications could be made to the intersection for
increased visibility and ease of use. The modifications recommended include:
new traffic signal poles with mast arms that meet current standards, with multiple
new 12" LED signal heads in locations that are optimal for visibility by drivers,
including possible new pole locations. Additionally, modified pavement striping
and markings were recommended to enhance -the intersection. This includes
Agenda Item I
striping for more optimal lane utilization, advanced directional signage, bike lane
utilization striping, and possible striped medians.
At the October 10, 2011 City Council Meeting, Council authorized the City to
enter into an agreement with KOA Corporation to provide construction drawings
and specifications for the Seal Beach Boulevard and Golden Rain Intersection
Improvements Project No ST1 107. The Plans and Specifications have been
completed and the City has advertised for bids. On March 7, 2012 a public
meeting was held in Leisure World (Clubhouse #1) to discuss construction
impacts for this project.
On October 23, 2012, the City Clerk's office received two bids with the following
results:
RANK E CONTRACTOR BASE BID
I Flatiron Electric Group, Inc. $265,041.00
............. ..............
2 Palp, Inc. DBA Excel Paving Company $318,020.00
.......... ...........- ..........................................---------------
Based upon the references, qualifications, work experience and cost, staff
recommends selecting Flatiron Electric Group, Inc. as the lowest responsive
bidder at $265,041.00. As is customary, staff recommends that the Council
authorize the City Manager to approve contract changes for up to approximately
$27,000 (10% of the award) for unforeseen change work orders.
The City Attorney's office has approved the construction agreement to be used
for this project. The contractor has signed the agreement and it is included in
this staff report. Exhibits to that agreement, including bonds and insurance
documents will be provided to the City after award of contract.
The City will also need additional construction support services from KOA
Corporation during the construction of this project. KOA Corporation designed
the Project, and, if the Amendment is approved, will assist the City and the City's
Inspector with review and approval of submittals; RFI's (Request for Information)
and shop drawings, provide necessary traffic counts and additional striping
designs, attend field meetings as necessary, and provide final As-Built Record
Drawings.
In addition, staff seeks authority to expend up to $20,000 for construction support
(inspection). The firm of Casulas Construction Services provides to the City
public works inspection services at an hourly rate of $65.00 pursuant to a
professional services agreement. "Construction support services" (often referred
to as inspection) are necessary for making sure that the Contractor builds the
project in accordance with the plans and specifications while following all
applicable rules and regulations. The inspector is on the job site every day
during the construction of the project.
Page 2
The final recommendation addresses a request from the Golden Rain Foundation
(GRF). The GRF has requested that the City upon demolition of the existing
traffic signals donate the signal heads. These heads are the devices on the
poles that house the red, green, and yellow lighting device. The old devices
have been in place for approximately 10 years and have little value. In other
construction projects the City places the responsibility for disposal on the
contractor. In this the case, the contractor can remove the signal heads, and
provide them at the job site (Seal Beach Boulevard and Golden Rain Road) for
the GRF. The City will not transport, nor guarantee the condition of the signal
heads for the GRF. Attached to this staff report is a written letter from the GRF
requesting -these signal heads. If approved, the City Attorney will prepare the
necessary release for the donation.
ENVIRONMENTAL IMPACT:
This project complies with all requirements of the California Environmental
Quality Act(CEQA) and is categorically exempt under section 15302 class 2 (c).
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the City's standard Construction
Contract and the Design Professional Services Agreement Amendment.
FINANCIAL IMPACT:
Funds were approved in the FY 2011-2012 budget in the amount of $500,000 for
design, construction and inspection of the Seal Beach Boulevard and Golden
Rain Road Intersection Improvements Project No. ST1 107. The recommended
actions include expenditures as follows:
Item Amount
Design (KOA Corporation) $ 46,900
Construction (award) $265,041
Contingency (10%) $ 27,000
Construction Support(KOA Corporation) $ 12,500
Inspection (Casulas Construction Services $ 20,000
Total $371,441
In the FY 2012-2013 budget, $400,000 in funding was carried over.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 6927 for the Seal
Beach Boulevard and Golden Rain Intersection Improvements Project No
ST1 107: (1) approving the plans and specifications; (2) awarding a contract to
Flatiron Electric Group, Inc. in the amount of $265,041.00; (3) approving
Amendment No. 1 to Agreement to KOA Corporation for Construction Support
Services in the amount of $12,500; (4) approving expenditure of up to $20,000
Page 3
for construction support (inspection) to the firm of Casulas Construction Services:
and (5) authorizing the City Manager to approve contract changes in the amount
of $27,000. In addition, staff recommends that the City Council consider a
donation request from the Golden Rain Foundation of the Cobra Signal Heads
from the existing traffic signals.
SUBMITTED BY: NOTED AND APPROVED:
i;i�l a '1�
Sean P. Crumby, P.E. U gram, City M"ger
Assistant City Manager/Public Works
Prepared by: David Spitz, Associate Engineer
Attachments:
A. Resolution No. 6927
B. Agreement—Flatiron Electric Group, Inc.
C. KOA Corporation-Amendment No. T
D. GRF Signal Request
Page 4
ATTACHMENT "A"
Resolution No. 6927
RESOLUTION NUMBER 6927
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING THE CONSTRUCTION CONTRACT FOR SEAL
BEACH BOULEVARD AND GOLDEN RAIN ROAD
INTERSECTION IMPROVEMENTS PROJECT NO. ST1107 AND
APPROVING AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY AND KOA CORPORATION FOR
CONSTRUCTION SUPPORT SERVICES
WHEREAS, the proposed Seal Beach Boulevard and Golden Rain Road
Intersection Improvements Project No ST1107 will provide traffic signal
modifications and intersection improvements at that intersection; and
WHEREAS, staff recommends selecting Flatiron Electric Group, Inc. as the
lowest responsive bidder.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby approves the plans and specifications for
the Seal Beach Boulevard and Golden Rain Road Intersection Improvements
Project No ST1107(the 'Project').
SECTION 2. The City Council hereby awards a contract to Flatiron Electric
Group, Inc.for the Project in the amount of$265,041.
SECTION 3. The City Council hereby approves that certain Amendment No. 1,
dated November 13, 2012, to the agreement between the City of Seal Beach
and KOA Corporation ("Agreement'), for an additional $12,500 for project
management services for the Project. The Council hereby directs the City Clerk
to attach Amendment No. 1 and Exhibit B to the Agreement.
SECTION 4. The City Council hereby approves the expenditure of up to$20,000
for construction support (inspection)to the firm of Casulas Construction Services
in connection with the Project.
SECTION 5. The City Council hereby authorizes and directs the City Manager to
execute the contract and the amendment on behalf of the City.
SECTION 6. The Council hereby authorizes the City Manager to approve
payments for additional work requests in connection with the Project in the
cumulative amount of$27,000.
(Intentionally Left Blank)
Resolution Number 893T
PASSED. APPROVED and ADOPTED by the Sao| Beach City Council at e
regular meeting held on the 13th L day of November 2O12by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Mayor
ATTEST:
City Clerk
STATE OFCALIFORNIA }
COUNTY[]FORANGE } SS
CITY OF SEAL BEACH }
|. Undo Devine, City Clerk of the City of Seal Beaoh, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6927 on file
in the office of the City Clerk, passed, approved, and adopted bythe Seal Beach
City Council mka regular meeting held on the_13th_ day uf_YNovember . 2O12.
City Clerk
ATTACHMENT "13„
Flatiron Electric Group, Inc.
Agreement
PUBLIC WORKS AGREEMENT
FOR
SEAL BEACH BOULEVARD & GOLDEN RAIN ROAD
INTERSECTION IMPROVEMENTS
CIP NO. ST 1107
between
SEAL
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Flatiron Electric Group, Inc.
7911-A Pine Avenue
Chino, CA 91708
(714) 228-9631
(909) 597-9151 - FAX
TIES AGREEMENT is made as of November 13, 2012, by and between the City of Seat Beach,
a California charter city C'City"), and Flatiron Electric Group, Inc., a General Contractor
C'Contractor").
RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for the
Traffic Signal Modification and Site Entrance Improvements on Seal Beach Boulevard and
Golden Rain Road("Project") with respect to design criteria; and
B WHEREAS, Contractor has submitted a bid to City for the Project dated October
23, 2012 in the amount of$265,041 ("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 Serv'ices.*
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 Bopd (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,
equipm6nt and services necessary therefor, except such labor, materials, equipment and services
as are specified in the Contract Documents to be furnished by City.
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 November 13, 2012 (the
"Effective Date"), and shall remain in full force and effect until Contractor has rendered the
services required by this Agreement.
3. Pa meet, For performing, and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of
$265,041, subject to any additions and &ene ions pursuant to the terms of the Contract
Documents. Said sum shall con*stitute 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. The City Manger
may authorize extra work to fund unforeseen conditions up to the amount approved at the time of
award by the City Council. Payment for additional work in excess of this amount requires prior
City Council authorization.
.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 all taxes, assessments, penalties, and interest asserted against City by
reason of the work performed pursuant to this Agreement.
1 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 Duly. 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.ate 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
Jhdemnitees. Contractor shall pay and satisfy any judgment, award or decree that may -be
rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding
arising out of or incident to the performance of the Agreement. Contractor shall reimburse the
City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them
in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or
Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any
insurance policies are applicable.
5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1,
Contractor shall reimburse the City for all- attorneys' fees and costs incurred by City in
connection with, arising out of or incident to any bid protest,
5.3 City's Sole Negligence, . Nothing in Section 5.1 shall be construed to
require Contractor to indemnify Indemnitees for that portion of any Claim to the extent arising
from the sole negligence or willful.misconduct of the Indemnitees.
5.4 Nonwaiver of Rig J�ts. 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.
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'10'an Indernnitee's right to
recover under this indemnity provision, and an entry of judgment against a Contractor shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
6. Insurance.
6.1 Liability Insurance. Contractor shall procure and maintain in full force
and effect for the duration of this Agreement insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the services
hereunder by Contractor, and its agents, representatives, employees and subcontractors. The
policy limits set forth below do not act as a limitation upon the amount of indemnification to be
provided by Contractor. Contractor shall complete and execute the following documents
attached as Exhibits hereto and incorporated herein by this reference:
6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial
General Liability.
6.12 Exhibit D-2: Additional Insured Endorsement - Automobile
1;ftibility,
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 I (any auto).
6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed.
11185)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.
6.2.5 Professional Liability insurance. Unless the City waives in the
requirement for professional liability insurance, Contractor shall provide to City the standard
form issued by the carrier,
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 vneral limit shall be twice the reqiiired occurrence limit.
6.12 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.
6.3.4 Professional Liabili : Waived
(Please note that pursuant to Section 6.2.5, the City may waive the
requirement that the Contractor carry professional liability insurance.)
6A Deductibles and Self-Insured Retentions. Contractor shall inform City of
any deductible's 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;.pr'pducts and completed operations of Conti-actor; promises 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 fist class rna il has been given to City.
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:VHl 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.I 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 them rate of$750 per
calendar day, Such amount is hereby agreed upon as liquidated damages for the loss to the City
resulting from the failure of the Contractor to complete the project within the allotted time and to
the value bf 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 rightAo 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 thd control
of City or Contractor. A suspension of the Services does not void this Agreement.
9. 1 Notices. Any notices, bills, invoices, or reports authorized or required by this
Agreement shall be in writing and shall be deemed received on (a) the day of delivery if
delivered by hand or overnight courier service during Contractor's and City's regular business
hours or by facsimile before or during Contractor's regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this Section. All notices shall be
addressed as follows:
If to City: City Clerk
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Telephone: (562)431-2527
Fax: (562) 493-9857
With a copy to:
Public Works Director
City of Seal Beach
211-8th Street
Seat Beach, California 90740
If to Contractor: Flatiron Electric Group,Inc.
7911-A Pine Avenue
Chino, CA 91708
Telephone: (714) 228-9631
Fax: (909) 597-9151
Attn: Richard Tesoriero,Vice President
10. Non-Assip—nabilily, 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 Co'niractor,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 u'nder 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'Myrnent 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 pro-visions 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 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. Severabili1y. The invalidity in whole 'or in part of any provisions of tl-ds
Agreement shall not void or affect the validity of the other provisions of this Agreement,
IN WITNESS WIIEREOF, the parties, through their respective authorized
representatives,have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH CONTRACTOR:
By: By-
Jill R. Ingram, City Manager
Name; _.
Attest:
Title;
By:
Linda Devine, City Clerk
Approved as to Farm;
By:
J Quinn.M. Barrow, City Attoiney
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.)
ATTACHMENT "C"
KOA Corporation
Amendment No. 1
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT FOR SEAL BEACH BOULEVARD AND GOLDEN
RAIN ROAD INTERSECTION IMPROVEMENTS PROJECT NO
ST1107
Between
S EAL
CD
City of Seal Beach
. 211 - 8th Street
Seal Beach, CA 90740
KOA Corporation
1120 West La Veta Avenue, Suite 660
Orange CA, 92868
P — 714-573-0317
This Amendment No. 1 dated November 13, 2012, amends that certain
agreement ("Agreement") between the City of Seal Beach, a California charter city
("City") and KOA Corporation ("Consultant") dated October 10, 2011.
RECITALS
WHEREAS, City and Consultant entered into the Agreement on October 10,
2011 under which Consultant has provided professional services in connection with the
design of the Seal Beach Boulevard and Golden Rain Road Intersection Improvements
Project ("Project); and
WHEREAS, the parties wish to amend the Agreement to increase Consultant
compensation by $12,500 to compensate Consultant for such additional services
required in connection with constructing 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:
491.0 Scope of Services
1.1. Consultant shall provide those services ("Services") set forth in the attached
Exhibit A.
1.2. Consultant shall provide those additional services ("Additional Services") set forth
in the attached Exhibit B.
1.3. Consultant shall perform all services under this Agreement, as amended, in
accordance with the standard of care generally exercised by like professionals
under similar circumstances 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."
Section 2. 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) and B (for Additional Services). In no event will the City pay
more than:
0 $46,900 for the services identified in Exhibit A
• $12,500 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.
Section I All other terms and provisions of the Agreement, as previously amended, shall
have full force and effect.
Section 4. - The Council hereby authorizes the City Manager to execute on behalf of
the City the Amendment dated November 13, 2012.
Section 5. The Council hereby directs the City Clerk to attach Amendment No. 1 and
Exhibit B 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:
CITY OF SEAL BEACH KOA Corporation
Jill R. Ingram, City Manager Pre'side--rit or Vice President
ATTEST:
Linda Devine, City Clerk Vice President or Secretary
APPROVED AS TO FORM:
Quinn M. Barrow, City Attorney
EXHIBIT A
s w
of 5aaf Beakh 86u d and Go}deii Rain Etoa i
3 - Proposed Project Schedule & Fee
PROPOSED PROJECT SCHEDULE
A design schedule is proposed allowing for submittal of plans for initial checking within 4-6 weeks following
your notice-to-proceed. We anticipate that the City will require a minimum of two weeks to review plans
for each submittal. Responses to City comments would be completed within 7-10 business days following
receipt.
PROPOSED PEE
The proposed fee for the traffic engineering and civil improvement design is. $46,900. Task I I - Post
Design services would be billed on a time-and-material basis with a not-to-exceed fee of$2,940.Also KOA
proposes the following progress payment schedule:
> 50%upon submittal of preliminary plans and specifications
➢ 201 upon submittal of final plans and specifications
A 20% upon approval of final plans and specifications
Y 10% upon approval by the Cary of Seal Beach
t
Estimated Fee Break Down by TasklFersonnellHours
Principal-in.
Charge's 1 Project Senior Civil Office Civil CAD
QA&QC Manager's En6neees Engineer's Technician's Total
Tasks/Activities Hours Hours Hours Hours Hours Hers TasicCosts
I-NO ect Management 4 8 2 0 0 14 $2020
2.0utreachl0therMeetsngs(4 meetings) l0 6 0 0 0 16 $2,480
3-Field Review 0 2 8 16 8 34 $3511
4-Traffic Signal Modification Plan 4 8 0 0 60 72 $6A00
5-Signing&Striping Plan 4 8 0 0 36 48 $4,720
5-ADA Compliance and Median Nose 2 2 19 80 6 104 S13,ot10
7-Traffic Control Plans 2 8 0 0 28 38 $3,780
8-Speci fications&Estimates 2 2 a 0 10 14 $tA40
9-ride Sheet 0 2 0 0 6 8 $780
t0-Submittals and Revisions 4 6 0 4 12 22 $2480
11-Post Design Assistance A 1 1 $ 2 12 Qm
TOTAL HOURS 36 60 30 100 168 394
Hourlytsts $190 $180 $160 $110 $70
Labor OVY $6,840 $t0,800 $4,800 $11,000 $11,760 $45�2(30
KOA 94vm%s ;$1M
TOTAL COSTS $6,840 $10,900 $4,500 $11,011 $11,760 546,400
Exclusions
Y Our approach assumes a consensus to the need for this project. We have not allocated any resources
to achieving a consensus regarding the need for improvements.
{
Potholing is excluded from our design fees.
KOA CORPORATION
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www.koacorporationzom
October 3U. 2O|2
Mr. David Spitz,Associate Engineer
City of Seal Beach
211 Eight Street
Seal Beach. CA 90740
Subject: ExTRA WORK PROPOSAL for Construction Assistance for Seal Beach Boulevard and Golden
Rain Road in the City of Seal Beach
Dear Mr.Spitz:
KOA Corporation /KO/A is pleased to provide engineering services to you for the work in the City ofSeal
Beach. The City has requested additional services that were not in the original Scope of Services. We are most
interested in performing the necessary services and submitting this proposal accordingly, This letter presents our
cost estimate for the project and requests your written authorization.
KO/4will perform the following tasks:
|. Review signal equipment shop 6ravvin§s, respond to RF[ visit the site to provide assistance for pole
locations and detector locations and attend meetings 05,400
2. Preparation of As-Built / Record Drawings no provide an accurate sec of plans for file purposes. Record
[}ruvvn8s would be new My|ar originals with changes identified with clouds and delta numbers describing
the revision. $2,800
3. Direct Expense $500
4. Traffic Count Program (71 roadway segments plus one intersection) $3.200
5. Additional Striping Modification $600
Afee increase of $12,500 would be sufficient to cover these requests and includes upbmtwo meetings and two
site visits during bidding and construction. Thus the fee will increase the total budget from $46.900 to $59.480.
This will be billed on aT&M basis.
Please contact rne if you have any questions orifyou require additional information regarding the subject project.
If you concur with the terms of this proposal and authorize KOA no commence vvork, you may sign the
appropriate line below and return it to our office.The proposal is valid for 90 days.
Sincerely, Approved by:
City mf Seal Beach
Min Zhou, P.E.
Principal Signed [Juue
6:12012'LExtra WorkLIBI310Xwk2,doc
11� LOS ANGELES ONTARIO ORANGE SAN DIEGO SOUTH BAY
ATTACHMENT "D"
Request from:
Golden Rain Foundation
GOLDEN RAIN FOUNDATION
P.O. BOX 2069 • SEAL BEACH, CA 90740 (562) 43 1-6586 FAX (562) 593 •2009
September 28,2012
Sean Crumby,Assistant City Manager
CITY OF SEAL BEACH
211 Bch Street
Seal Beach, CA 90740
Dear Mr.Crumby,
In late 2012 or early 2013,you will be changing out the traffic light standards at the main gate of our community.
Would you please provide us with the Cobra Heads(in"as is"condition)for our possible use?
If you have any questions,please do not hesitate to contact me at 562-431-6586 x312.
Sincerely,
Dan Schaeffer
Executive Director