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SUBJECT: OLD TOWN AND HILL SEWER LINING CIPP PROJECT
NO. SS0901-2
AGENDA STAFF REPORT
November 13, 2012
Honorable Mayor and City Council
Jill R. Ingram, City Manager
Sean P. Crumby P.E., Assistant City Manager/Public Works
SUMMARY OF REQUEST:
Staff recommends that the City Council adopt Resolution No. 6928 for the Old
Town and Hill Sewer Lining Cured In Place Pipe (CIPP) Project No. SS0901-2:
(1) approving the plans and specifications; (2) awarding a contract to Sancon
Engineering Inc. in the amount of $1,655,111.75; (3) approving Amendment No.
1 to the agreement with Civiltec Engineering Inc. for additional construction
support services in the amount of $11,680; (4) approving the expenditure of
$40,000 for construction support (inspection) to the firm of Casulas Construction
Services; and (5) delegating the authority to the City Manager to approve
payments caused by contract changes in the cumulative amount of $170,000.
BACKGROUND AND ANALYSIS:
On August 08, 2005, the City Council adopted the Sewer System Master Plan
Update. This document identified approximately $14.9 million in needed capital
improvements to the City's Sanitary Sewer System. The Sewer Capital
Improvement Program includes the upsizing of pipes to increase the capacity,
replacement of cracked deteriorated pipes, installation of an internal liner for pipe
rehabilitation, and reconstruction of pump stations. The City adjusted sewer
rates and progressed on an annual basis to rehabilitate these deficiencies on the
highest priority basis.
At the July 14, 2008 City Council Meeting, Council authorized staff to pursue the
State Revolving Fund (SRF) Loan administered through the State Water
Resource Control Board for the Sewer Capital Improvement Program. This loan
is administered at a low interest rate (typically 1-2.5%) and will allow the City to
expedite the remainder of the projects identified within the Sewer System Master
Plan Update (2005).
Agenda Item
The City received approval for the loan by the State in 2011. Numerous projects
have been completed from the Sewer Master Plan, but the remaining work was
divided into three separate projects. The projects are as follows:
College Park East Sewer Improvements
Old Town and Hill Sewer Lining Improvements
8th Street and Pier Pump Station Improvements
The College Park East (CPE) Sewer Improvements and the Old Town and Hill
Sewer Lining Improvements are planned to be funded through the Sewer Loan.
The 8th Street and Pier Pump Station Improvements are planned to be funded
with the City's Sewer Capital Fund. The CPE Improvements (upsizing piping)
were completed and the City Council accepted the project on April 9, 2012. The
Old Town and Hill Sewer Improvements are intended to reline sewer pipeline
throughout the Old Town and Hill area and the project is being recommended for
award of construction. The 8th Street and the Pier Pump Improvements are
currently being designed.
At the May 9, 2011 City Council Meeting, Council authorized the City to enter into
an agreement with Civiltec Engineering Inc. to provide construction drawings and
specifications for the Old Town and Hill Sewer Lining C.I.P.P. Project No
SS0901-2. This project intends to line over 18,000 linear feet of existing sewer
main, reinstate and repair approximately 650 lateral house connections, and line
and replace frames and grates for approximately 115 manholes. The Plans and
Specifications have been completed and the City has advertised for bids.
On October 24, 2012, the City Clerk's office received two bids with the following
results:
RANK I CONTRACTOR
i BASE BID
1 Sancon Engineering Inc. $1,655,111.75
2 1 SW Pipeline and Trench less Corp. $1,780,622.90
Based upon the references, qualifications, work experience and cost, staff
recommends selecting Sancon Engineering Inc. as the lowest responsive bidder
at $1,655,111.75. As is customary, staff recommends that the Council authorize
the City Manager to approve contract changes for up to approximately $170,000
(10% of the award) for unforeseen change work orders.
The City Attorney's office has approved as to form 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 the award of contract.
The City will also need additional construction support services from Civiltec
Engineering Inc. during the construction of this project. Civiltec Engineering Inc.
will assist the City and the City's Inspector (Casulas Construction Services) with
Page 2
review and approval of submittals; RFI's and shop drawings, attend field
meetings as necessary and provide final As-Built Record Drawings. Casulas
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 according 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.
ENVIRONMENTAL IMPACT:
On March 26, 2009, the Initial Study/Mitigated Negative Declaration was
approved. This project complies with all requirements of the California
Environmental Quality Act (CEQA).
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
This project will be funded through a loan from the State Revolving Fund
Financing Program and will not impact the General Fund. The City has the ability
to borrow up to $10,000,000. Two agreements have been secured against the
$10,000,000 at this point. They are: Finance Agreement No. 10-838-550
"College Park East" for $2,650,000 and Finance Agreement No. 10-842-550
"Southern City' for $1,100,000.
The "Southern City' can be modified to reflect the bid prices. The available
sewer loan funding amount is $2,980,895. The City will request additional
funding to cover the cost of construction, construction support services, design
and inspection.
Item Amount
Design (Civiltec Engineering) $ 186,986.00
Construction (award) $1,655,111.75
Contingency (10%) $ 170,000.00
Construction Support (Civiltec Engineering) $ 11,680.00
Inspection (Casulas Construction Services) $ 40,000.00
Total $2,063,777,75
The loan Financing will be paid by the Sewer Capital Fund. The Sewer Capital
Funds will be drawn down over a period of years and as needed to support the
various sewer projects.
Page 3
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. xxxx for the Old
Town and Hill Sewer Lining Cured In Place Pipe (CIPP) Project No. SS0901-2:
(1) approving the plans and specifications; (2) awarding a contract to Sancon
Engineering Inc. in the amount of $1,655,111.75; (3) approving Amendment No.
1 to the agreement with Civiltec Engineering Inc. for additional construction
support services in the amount of $11,680; (4) approving the expenditure of
$40,000 for construction support (inspection) to the firm of Casulas Construction
Services; and (5) delegating the authority to the City Manager to approve
payments caused by contract changes in the cumulative amount of $170,000.
SUBMITTED BY:
NOTED AND APPROVED:
Sean P. Crumby, P.E. p1 JiI R. lngram, 1J3 anager
Assistant City Manage P alicWorks
Prepared by: David Spitz, Associate Civil Engineer
Attachments:
A. Resolution No. 6928
B. Agreement — Sancon Engineering Inc.
C. Civiltec Engineering Inc. - Amendment No. 1
Page 4
RESOLUTION NUMBER 6928
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING THE CONSTRUCTION CONTRACT FOR OLD
TOWN AND HILL SEWER LINING C.LP.P. PROJECT NO.
SS0001-2; AND APPROVING AMENDMENT NO. 1 TO THE
AGREEMENT BETWEEN THE CITY AND CIVILTEC
ENGINEERING INC. FOR CONSTRUCTION SUPPORT
SERVICES
VVHEREAS, the proposed Old Town and Hill Sewer Lining C.I.P.P. Project No
S8OQO1-2 will line over 18.O00 linear feet of sewer main line; and
WHEREAS, staif recommends selecting Sancon Engineering, 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 Old Town and Hill Sewer Lining C1P.P Project NoS8OUO1'2 (the ^PnojaoY).
SECTION 2. The City Council hereby awards a contract to Sancon Engineering
Inc. for the Projec in the amount of$1.O55.11175.
SECTION 3. The City Council hereby approves that certain Amendment No. 1,
dated November 13, 2012. to the agreement between the City and Civiltec
Engineering Inc., ("Agreement"), authorizing the payment of an additional
$11.680 for project management services. 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 $40000
for construction support (inspection) to the firm of Casulas Construction
Services.
SECTION 5. The City Couricil hereby authorizes and directs the City Manager to
execute the contract and the amendment on behalf of the City.
SECTION 6. The Council hereby delegates to the City Manager the authority to
approve payments for additional work requests in connection with the Project in
the cumulative amount of $170.000 in the event the City Manager authorizes
additional work.
(Intentionally Left Blank)
Resolution Number 6928
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 13th day of November, 2012 by the following vote:
AYES: Council Members:
NOES: Council Member :
ABSENT: Council Members:
ABSTAIN: Council Members:
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
|. Linda Devine, City Clerk of the City of Seal Bouch, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6928 on file
in the office of the City C|erk, paooed, oppmved, and adopted by the Seal Beach
City Council at a regular meeting held on [he 13th day of November, 2012.
City Clerk
PUBLIC WORKS AGREEMENT
Old Town Sewer Lining (C.I.P.P.) Project
City CIP No. SS0901 -2
State Project No. C- 06- 5310 -120
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Sancon Engineering Inc.
5841 Engineer Drive
Huntington Beach, CA 92649
(714) 891 -2323
(714) 891 -2524 - FAX
THIS AGREEMENT is made as of November 13, 2012, by and between the City of Seal Beach,
a California charter city ( "City "), and Sancon Engineering Inc., a General Contractor
( "Contractor ").
RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for the
Old Town and Hill Sewer Lining C.I.P.P. Project No. SS0901-2 ("Project") with respect to
design criteria; and
B. WHEREAS, Contractor has submitted a bid to City for the Project dated October
24, 2012 in the amount of $1,655,111.75 ("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
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 mariner 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.
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. Payment. For performing and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of
$1,655,111.75, 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. 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 perfoiiii 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.
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
hawiless from and against any and all claims (including, without limitation, claims for bodily
injury, death or damage to property), demands, obligations, damages, actions, causes of action,
suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of every kind and
nature whatsoever (individually, a "Claim," collectively, "Claims"), in any manner arising out of
or incident to the performance of the Agreement, including without limitation, the payment of all
consequential damages and attorneys' fees and other related costs and expenses. Further,
Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk,
to defend any and all such suits, actions or other legal proceedings of every kind arising out of or
incident to the performance of the Agreement that may be brought or instituted against
Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against City or the other Indenmitees 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 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.
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:
General Liability.
Liability.
6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial
6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile
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.
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.
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:VII1 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 loss to the City
resulting from the failure of the Contractor to complete the project within the allotted time and to
the value of the operation of the works dependent thereon. It is expressly understood and agreed
that this amount is a reasonable amount and is established in lieu of damages that are incapable
of calculation at the inception hereof; and this amount is not to be considered in the nature of a
penalty. The City shall have the right to deduct such damages from any amount due, or that may
become due to the Contractor, or the amount of such damages shall be due and collectible from
the Contractor or the Contractor's Surety. Progress payments made after the scheduled
completion date shall not constitute a waiver of liquidated damages.
8. Suspension. City may, in writing, order Contractor to suspend all or any part of
the Contractor's Services for the convenience of City or for work stoppages beyond the control
of City or Contractor. A suspension of the Services does not void this Agreement.
9. Notices. Any notices, bills, invoices, or reports authorized or required by this
Agreement shall be in writing and shall be deemed received on (a) the day of delivery if
delivered by hand or overnight courier service during Contractor's and City's regular business
hours or by facsimile before or during Contractor's regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such 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:
If to Contractor:
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
Sancon Engineering Inc.
5841 Engineering Drive
Huntington Beach, CA 92649
Telephone: (714) 891-2323
Fax: (714) 891-2524
Attn: Nick DeBeneditto, President
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 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 WI I NESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH CONTRACTOR:
By: By:
Jill R. Ingram, City Manager
Name:
Attest:
Title:
B y:
Linda Devine, City Clerk
Approved as to Form:
By:
Quinn M. Barrow, City Attorney
'
e‘7e47Lary
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.)
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT FOR OLD TOWN AND HILL SEWER LINING
C.I.P.P. PROJECT NO SS0901-2
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Civiltec Engineering Inc.
118 West Lime Acenue
Monrovia, CA 91016
P — 626-357-0588
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 Civiltec Engineer Inc. ("Consultant") dated May 9, 2011.
RECITALS
WHEREAS, City and Consultant entered into the Agreement on May 9, 2011
under which Consultant has provided professional services in connection with the
design of the Old Town and Hill Sewer Lining C.I.P.P. Project ("Project); and
WHEREAS, the parties wish to amend the Agreement to increase Consultant
compensation by $11,680 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:
"1.0 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 schedules set forth in
Exhibits A (for Services) and B (for Additional Services). In no event will the City pay
more than:
$186,986 for the Services identified in Exhibit A
1,680 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 3. 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
Jill R. Ingram, City Manager
ATTEST:
Linda Devine, City Clerk
APPROVED AS TO FORM:
Quinn M. Barrow, City Attorney
CIVILTEC ENGINEERING INC.
President or Vice President
Vice President or Secretary
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September 19, 2012
EXHIBIT B
engineering inc.
General Civil, Municipal, Water and Wastewater Engineering,
Planning, Construction Management and Surveying
Monrovia Prescott Phoenix
City of Seal Beach
Department of Public Works
211 Eighth Street, 2nd Floor
Seal Beach CA 90740
Attention: David Spitz, P.E., Associate Engineer
Subject: Amendment No. 1 for Construction Support Services for the City of Seal Beach
Sanitary Sewer Pipeline Improvement Project 4SS0901
Dear Mr. Spitz:
Civiltec engineering, inc. (Civiltec) pursuant to our discussion relating to execution of the
project construction effort, the City desires that Civiltec support construction efforts with our
services.
Construction Support Services
A. Provide the services of a Project Manager for the project. The manager will be responsible
for support of work assignments, and support of successful completion of the project and
attendance at critical meetings with the City.
13. Arrange and conduct management meetings at the City's office with the Project Team to
update work progress, schedule, and contractor performance. We anticipate 2 such meetings
and will distribute agenda and minutes to Project Team.
C. Obtain, manage and review shop drawings, manufacturer's submittals and safety instructions
on each Task of the work. Continually track progress of submittals and approvals to insure
contractual compliance. Issue monthly reports on status of submittals.
D. Manage requests for RFI's and change orders by the contractor. Provide RFI's and requests
for change orders with documentation to the City and design engineers for review and
recommendations. Implement changes as required and directed by the Project Team.
E. Ensure adequacy of the contractor's as-built drawings and completeness of the drawings.
Update the record drawings from field documentation and issue official as-built drawings to
the City.
118 West Lime Avenue Monrovia, CA 91016 TEL: (626) 357-0588 FAX: (626) 303-7957
City of Seal Beach
Mr. David Spitz, Associate Engineer
Amendment No. 1 Construction Support Services
2010 Sewer CTP No, SS0901
September, 19 2012
Page 2
Assumptions and Clarifications
Civittec anticipates the City will provide the following services as needed and assumes the
following items will take place during the course of design:
* The City will advertise for bids and award of the contract
6 Scheduling of all meetings with departments outside the City
• Full time inspection of the construction work is not included in the scope of services.
• Any geotechnical inspection, compaction testing or materials testing is not included
in the scope of services.
6 Evaluation of hazardous materials and performance of potholing work.
Engineering Budget
Civiltec proposes to provide our work on a time and materials basis. We propose the following
engineering budget for the project per the Scope of Services outlines herein:
Task A — Project Management
Task 13 — Meetings
Task C — Submittals
Task 4— RFIs
Task 5— As-Builts
TOTAL
$ 860.00
$ 780.00
$ 4,110.00
$ 2,800.00
S 3,130.00
S 11,680.00
Civittec issues billing on a monthly cycle and proposes to issue billing on a time and materials
basis not to exceed the above budget without written authorization from the City. We look
forward to assisting you and the City in the successful completion of the effort. Please contact
me with any questions you may have. We are available to discuss this Proposal at your
convenience. This Proposal is valid for a period of 90 days.
Very truly yours,
g!neer ng, Inc.
C. She Hawes,
Associate
Project Manager
CSH:file
v:coi l201111.2.00-Seal Beach Sanitary Sewer Project No. SS09011Client1ContractlArnendment No. ITM10101.Cil Seal Beach SS Pipeline
(5S0901) Amendment No. 1.doc