HomeMy WebLinkAboutSA AG PKT 2012-12-10 #4 SUCCESSOR AGENCY TO THE
SEAL BEACH REDEVELOPMENT AGENCY
AGENDA STAFF REPORT
DATE: December 10, 2012
TO: Honorable Chair and Board Members
THRU: Jill R. Ingram, Executive Director
FROM: Sean P. Crumby P.E., Assistant Executive Director/Public Works
SUBJECT: MARINA DRIVE STORM DRAIN PROJECT NO. SD1201
SUMMARY OF REQUEST:
It is recommended that the Successor Agency to the Seal Beach Redevelopment
Agency adopt Resolution No. SA1 2-16 for the Marina Drive Storm Drain Project
No. SD1201 ("Project"):
(1) Approving the plans and specifications;
(2) Awarding a contract to Mike Bubalo Construction Inc. in the amount of
$1,292,953;
(3) Awarding a professional services agreement with PSOMAS for design and
construction support services;
(4) Awarding a professional services agreement with Casulas Construction
Services for construction inspection;
(5) Awarding a professional services agreement to Associated Soils
Engineering, Inc. for soils and materials testing services; and
(6) Delegating the authority to the Executive Director to approve payments
caused by contract changes in the cumulative amount of$230,000.
BACKGROUND AND ANALYSIS:
The 2008 Master Plan of Drainage Update identified high priority locations for
storm drain improvements. The Council approved the priority list on November 10,
2008. Due to flooding issues in the area, the highest priority listed is this Project,
within the Project Area for the former Redevelopment Agency. State
Agenda Item 4
redevelopment law at the time provided that the RDA could pay for the costs
associated with the installation of public improvements within the Project Area, and
staff proceeded with the Project.
Upon the dissolution of redevelopment agencies, AB 26 X1 required successor
agencies to submit "enforceable obligations" to an oversight board and then to the
state Department of Finance. Both the Seal Beach Oversight Board (by Resolution
SA12-09) and the California Department of Finance (by letter dated May 27, 2012)
approved the costs associated with the installation of this public improvement as
an enforceable obligation of the Successor Agency.
In addition to being within the former RDA Project Area, the project is within the
Coastal Zone. Thus, staff had to submit the project to 'the Coastal Commission for
its review. As you know, such review may take up to one year. On September 26,
2012, the Coastal Commission issued a notice of waiver, which means that the
Project can proceed.
The downstream section of this tributary area, the West End Pump Station, was
recently updated to receive and adequately convey 10-year storm events. This
current design project will continue the 10-year storm protection upstream to cover
the low-lying" areas in and around Electric Avenue and Marina Avenue.
The scope of work for this project includes storm drain construction consisting of
the installation of reinforced concrete pipes and boxes, catch basins with debris
filters, manholes and junction structures. This system will be built to handle future
expansion with newer facilities connecting onto this system in the future. Other
utility relocations may be necessary to facilitate this new design. The Plans and
Specifications have been completed and the Successor Agency has advertised for
bids.
On November 27, 2012, we received six (6) bids with the following results:
RANK: CONTRACTOR BASE BID
Mike Buballo Construction.............. Co., Inc. $1,292,953.00
................................................................................................................ ...............
2 Charles King Company, Inc. $1,437,412.00
................................... ............................................. .......................................... ...................
3 GRFCO Inc. $1,489,720.00
............... ...........................
4 Excel dba Palp, Inc. .$......1......,..6......3 9.,...7.....0.....2...00
...................................................................................................................................... ...................................................
5
Cedro Construction, Inc. $1,651,948.08
...................... ..................
6
Lonerock Inc. $1,775,030.00
............ ............................ ........................_____............-
Based upon the references, qualifications, work experience and cost, staff
recommends selecting Mike Bubalo Construction Co., Inc. as the lowest
responsive bidder at $1,292,953.00. Due to the nature of this work, there may be
unforeseen challenges that cause changes in the scope of the work. Staff
recommends that the Successor Agency authorize the Executive Director to
approve contract changes for up to approximately $230,000.
Page 2
Legal Counsel 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 Successor Agency after the award of contract.
The Successor Agency will also need additional professional services during the
construction of this project. PSOMAS (which designed the Project) will provide
additional design services and construction management and Casulas
Construction Services will review and approve submittals; BFI's (Request For
Information) and shop drawings, attend field meetings as necessary and provide
final As-Built Record Drawings. Casulas provides 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 to answer the
Contractor builds the project in according with the plans and specifications while
following all applicable rules and regulations. The inspector will be on the job site
every day during the construction of the project. Lastly, Associates Soils
Engineering, Inc. will provide all materials and soils testing during the construction
of this project.
ENVIRONMENTAL IMPACT:
This project complies with all requirements of the California Environmental Quality
Act (CEQA) and is categorically exempt under section 15303.
LEGAL ANALYSIS:
The General Counsel has reviewed and approved the Construction Contract and
the Professional Services Agreements.
FINANCIAL IMPACT:
The amount of $1,800,000 for this project has previously been approved by the
Successor Agency, Oversight Board and Department of Finance.
Item Amount
Design/Construction Support Services (PSOMAS) $ 200,000
Construction (award) $1,292,953
Contingency $ 230,000
Material/Soil Testing (Associated Soils Engineering, Inc.) $ 20,000
Inspection (Casulas Construction Services) $ 50,000
Total $1,792,953
$1,800,000 has been set aside in a special account for this Project.
Page 3
RECOMMENDATION:
It is recommended that the Successor Agency to the Seal Beach Redevelopment
Agency adopt Resolution No. SA12-16 for the Marina Drive Storm Drain Project
No. SD1201: (1) approving the plans and specifications; (2) awarding a contract
to Mike Bubalo Construction Inc. in the amount of $1,292,953; (3) awarding a
professional services agreement with PSOMAS for design and construction
support services; (4) awarding a professional services agreement with Casulas
Construction Services for construction inspection; (5) awarding a professional
services agreement to Associated Soils Engineering, Inc. for soils and materials
testing services; and (6) delegating the authority to the Executive Director to
approve payments caused by contract changes in the cumulative amount of
$230,000.
SUBMI ED BY: NOTED AND APPROVED-
(A 0 R.
Sean P. Crumby, P.E. Jill". gram, Executvqirector
Assistant Executive Director ublic Works
Prepared by: David Spitz, Associate Civil Engineer
Attachments:
A. Resolution No. SA1 2-16
B. Agreement-Mike Bubalo Construction Co., Inc.
C. Agreement- PSOMAS
D. Agreement-Casulas Construction Services
E, Agreement-Associated Soils Engineering, Inc.
Page 4
RESOLUTION NUMBER SA12-16
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE SEAL
BEACH REDEVELOPMENT AGENCY AWARDING THE
CONSTRUCTION CONTRACT FOR MARINA DRIVE STORM
DRAIN IMPROVEMENTS PROJECT NO. SD1201 AND
APPROVING PROFESSIONAL SERVICE AGREEMENTS
BETWEEN THE SUCCESSOR AGENCY OF THE SEAL BEACH
REDEVELOPMENT AGENCY AND PSOMAS FOR DESIGN AND
CONSTRUCTION SUPPORT SERVICES, CASULAS
CONSTRUCTION SERVICES FOR INSPECTION, AND
ASSOCIATED SOILS ENGINEERING FOR MATERIALS AND
SOILS TESTING
WHEREAS, the proposed Marina Drive Storm Drain Improvements Project No
SD1201 will provide storm drain improvements on Electric Avenue and Marina
Avenue; and
WHEREAS, staff recommends selecting Mike Bubalo Construction Company,
Inc. as the lowest responsive bidder.
NOW, THEREFORE, THE BOARD OF THE SUCCESSOR AGENCY TO THE
SEAL BEACH REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES,
RESOLVES,AND ORDERS AS FOLLOWS:
SECTION 1. The Successor Agency to the Seal Beach Redevelopment Agency
("Agenc)"} hereby approves the plans and specifications for the Marina Drive
Storm Drain Improvements Project No SD1201 (the"Project").
SECTION 2. The Agency hereby awards a contract to Mike Bubalo Construction
Company, Inc.for the Project in the amount of$1,292,953.
SECTION 3. The Agency hereby approves the professional services agreement
between the Agency and PSOMAS for Marina Drive Storm Drain Improvements
Project No. SD1201 to perform design and construction management in the
amount of$200,000.
SECTION 4. The Agency hereby approves the professional services agreement
between the Agency and Casulas Construction Services for Marina Drive Storm
Drain Improvements Project No. SD1201 for inspection services in the amount of
$50,000.
SECTION 5. The Agency hereby approves the professional services agreement
between the Agency and Associated Soils Engineering Inc. for Marina Drive
Storm Drain Improvements Project No. SD1201 for Materials and Soils Testing
in the amount of$20,000.
SECTION 6. The Agency hereby authorizes and directs the Executive Director to
execute the construction contract and the professional service agreements on
behalf of the Agency.
SECTION 7. The Agency hereby authorizes the Executive Director to approve
payments for additional work requests in connection with the Project in the
cumulative amount of$230,000.
Resolution Number SA12-1G
PASSED, APPROVED. and ADOPTED by the Successor Agency to the 8*a|
Beach Redevelopment Agency ota regular meeting held on the 1{hh_day of
December_. 2U12by the following vote:
AYES: Board Members
NOES: Board Members
ABSENT: Board Members
ABSTAIN: Board Members
Chair
ATTEST:
Secretary
STATE OFCALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH )
|, Linda Devine, Secretary of the 8uoueoonr Agency to the Seal Beach
Redevelopment Agency, do hereby certify that the foregoing resolution is the
original copy of Resolution Number SA12-16on file in the office of the Goe|
Beach City C|ark, pnaeed, approved, and adopted by the Successor Agency tu
the Gaa| Beach Redevelopment Agency at regular meeting held on the 10th
day of . 2O12.
Secretary
ATTACHMENT "B"
Agreement:
Mike Bubalo Construction Co.
PUBLIC WORKS AGREEMENT
Marina Drive Storm Drain Improvements
Project No SD1201
between
SEAL
Ty.
Successor Agency to the Sea] Beach Redevelopment Agency
211 - 8th Street
Seal Beach, CA 90740
Mike Bubalo Construction Company, Inc.
5102 Gayhurst Avenue
Baldwin Park, CA 91706
(626) 960-7787
(626) 960-7897 - FAX
THIS AGREEMENT is,made as of December 10, 2012, by and between the Successor Agency
to the Seal Beach Redevelopment Agency ("SA."), and Mike Btibalo ConstrLIC0011 Company,
hic,,a General Contractotj"Contractoe').
RECITALS
A. The California Department of Finance has approved and determined that tile funding for
the SA's Marina Drive Storm Drain Improvements Project No. SD 1201 ("Project") is all
enforceable obligation of the SA.
B. Because of its location within the Coastal Zone, the Project requires either a Coastal
Development Permit from the California Coastal Commission or a waiver of that
requirement from the Commission. On September 26, 2012, the California Coastal
Commission issued a waiver of the Coastal Development Permit requirement.
C. The Board of Directors of the SA has approved the plans and specifications for the
Project with respect to design criteria.
D. Contractor has submitted a bid to SA for the Project dated November 27, 2012 in the
amount of$1,292,953.00 {"Accepted Proposal" hereinafter). The Accepted Proposal is
attached hereto as Exhibit 6 and contains, among other things, provisions defining the
Project scope.
E. On December 10, 2012, the Oversight Board for the SA has reviewed and approved this
Agreement. This agreement will not become effective unless and until the approval of
the Oversight Board is deemed effective under AB XI 26 and AB 1484.
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
I 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 SA 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 131); 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 SA.
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 December 10, 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, SA shall pay Contractor, in full compensation therefor, the amount of
$1,292,953.00, 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. SA shall make payments to Contractor on account of the contract stun at the time,
in the manner, and upon the conditions specified in the Contract Documents. The SA Executive
Director may authorize extra work to fund unforeseen conditions tip to the amount approved at
the time of award by the SA Board of Directors. Payment for additional work in excess of this
amount requires prior SA Board of Directors 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.
43 Contractor shall indemnify and hold harmless SA and its elected officials,
officers, employees, servants, designated volunteers, and agents serving as independent
contractors in the role of SA 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 SA, a wholly independent
contractor. Contractor shall have no power to incur any debt,obligation, or liability on behalf of
SA or otherwise act as an agent of SA. Neither SA 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 SA. Contractor shall pay all
required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold SA
harmless from any and all taxes, assessments, penalties, and interest asserted against SA by
reason of the work performed pursuant to this Agreement.
4.5 SA shall have the right to offset against the amount of any fees due to
Contractor under this Agreement any amount due to SA from Contractor as a result of
Contractor's failure to promptly pay to SA any reimbursement or indemnification arising under
this Section 4.
5. Indernnification,
5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the SA,
the City of Sea] Beach, and their respective officials,officers,employees,volunteers,agents, and
those SA agents serving as independent contractors in the role of SA 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, attorneys' 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
allot-iicys' 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 SA 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 SA 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 SA for all attorneys' fees and costs incurred by SA in connection
with, arising out of or incident to any bid protest.
5.3 SA's Sole Neglipence. 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 wilifid misconduct of the Indemnitees.
5.4 Nonxvaiver of Rights. Indeninitces do not, and shall not, waive any rights
that they may possess against Contractor because of the acceptance by SA, or the deposit with
SA,of any insurance policy or certificate required pursuant to this Agreement.
5.5 Waiver of Right of Subrontion. Contractor, on behalf of itself and all
parties claiming tinder or through it, hereby waives all rights of subrogation against the
Indeninitces, while acting within the scope of their duties, fi-oni 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 Indeninitees niay have
tinder the law. Payment is not required as a condition precedent to an Indemnitee's right to
recover tinder this indemnity provision, and an entry of judgment against a Contractor shall be
conclusive in favor of the Indeninitee'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 set-vices
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 11011OWing (10CUMentS
attached as Exhibits hereto and incorporated hercin by this reference:
63.1 Exhibit D-1: Additional Insured Endorsement - Commercial
General Liability,
6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile
Liability.
6.1.3 Exhibit D-3: Additional Insured Endorsement.
6.2 Minimum Scope of Insurance. Unless otherwise approved by SA,
covet-age 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 (U 1/87)
covering Automobile Liability,code I (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.
6.2.5 Professional Liability Insurance. Unless the SA waives in the
requirement for professional liability insurance,Contractor shall provide to SA the standard forth
issued by the carrier,
63 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 forin 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 Lj4bjfijy: $1,000,000 per occurrence and in the
aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount
required by law,
63.4 Professional Liability:
(Please
note that pursuant to Section 6.2.5, the SA may waive the requirement that the Contractor carry
professional liability insurance.)
6.4 Deductibles and Self-Insured Retentions. Contractor shall inform SA 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 SA, its officers, officials, employees, designated volunteers
and agents serving as independent contractors in the role of SA 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 SA, its officers, officials,
employees, designated volunteers or agents serving as independent contractors in the role of SA
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 SA, its officers, officials, employees,
designated volunteers and agents serving as independent contractors in the role of SA officials.
Any insurance or self-insurance maintained by SA, their officers, officials, eniployees,
designated volunteers or agents serving as independent contractors in the role of SA 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 inodified except after 30 clays'
prior written notice by first class snail has been given to SA.
6.5.5 Each insurance policy, except for any professional liability
policy, required by this Section 6 shall expressly waive the insurers right of subrogation against
SA and its elected officials, officers, employees, servants, attorneys, designated volunteers, and
agents serving as independent contractors in the role of SA 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:Vlll unless waived in writing by SA's Risk
Manager.
63 Verification of Coverage. All insurance covet-ages shall be confirmed by
execution of endorsements on forms approved by the SA. 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 SA before services commence. As all alternative to SA 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 SA 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 SA
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 SA 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. SA may, in writing,order Contractor to suspend all or any part of the
Conti-actor's Services for the convenience of SA or for work stoppages beyond the control of SA
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 SA'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:
Irto SA: Secretary
Successor Agency to the Seal Beach Redevelopment
Agency
211 - 8th Street
Seal Beach, California 90740
Telephone: (562)431-2527
Fax: (562)493-9857
With a copy to:
Sean Crumby
Successor Agency to the Seal Beach Redevelopment
Agency
211 - 8th Street
Seal Beach California 90740
If to Contractor: Mike Bubalo Construction Company,Inc.
5102 Gaylikirst Avenue
Baldwin Park, CA 91706
Telephone: (626)960-7787
Fax: (626)960-7897
Attn: Dave Soren
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 cither 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 SA of
any payment to Contractor constitute or be construed as a waiver by SA 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 SA shall in no way impair or prejudice any right or remedy available to SA
with regard to such breach or default.
13. Attorneys' Fees. In the event that citlier party to this Agreement shall commence
any legal action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing patty in such action or proceeding shall be crititled 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 SA. This Agreement supersedes all prior oral or written negotiations, representations, or
agreements. This Agreement may not be amended,nor any provision or breach hercof waived,
except in a writing signed by the parties which expressly refers to this Agreement.
16. Severabilijy. The invalidity in whole or in pail 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.
SUCCESSOR AGENCY TO THE SEAL CONTRACTOR
BEACH REDEVELOPMENT AGENCY
By: By:
Jill R.Ingrain,Executive Director Name-
Attest: Title:
By:
Linda Devine,Secretary
Approved as to Form:
By:
Quinn M.Barrow, Legal Counsel
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"
Agreement:
PSOMAS
DESIGN PROFESSIONAL SERVICES AGREEMENT
FOR MARINA AVENUE STORM DRAIN
IMPROVEMENTS
PROJECT NO SD1201
between
F SEA1
cry APO � 'Sin
Successor Agency to the Seal Beach Redevelopment Agency
211 - 8th Street
Seal Beach, CA 90740
PSOMAS
3 Hutton Centre Drive, Suite 200
Santa Ana, CA 92707
P — 714-751-7373
This Professional Services Agreement ("the Agreement") is made as of December 10,
2012 (the "Effective Date"), by and between PSOMAS ("Consultant"), a Corporation,
and the Successor Agency to the Seal Beach Redevelopment Agency ("Agency")
(collectively, "the Parties").
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RECITALS
A. The California Department of Finance has approved and determined that
the funding for the Agency's Marina Drive Storm Drain Improvements Project No. SD
1201 ("Project") is an enforceable obligation of the Agency.
B. Because of its location within the Coastal Zone, the Project requires either
a Coastal Development Permit from the California Coastal Commission or a waiver of
that requirement from the Commission. On September 26, 2012, the California Coastal
Commission issued a waiver of the Coastal Development Permit requirement.
C. Consultant has previously performed storm drain design services in
connection with the Project. Agency desires additional design work and construction
support services in the manner more fully described in Section 1.
D. Consultant represents that the principal members of its firm are qualified
professional engineers and are fully qualified to perform the services contemplated by
this Agreement in a good and professional mariner; and it desires to perform such
services as provided herein.
E. On December10, 2012, the Oversight Board for the Agency has reviewed
and approved this Agreement. This agreement will not become effective unless and
until the approval of the Oversight Board is deemed effective under AB X1 26 and AB
1484.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant has provided those services ("Design Services") set forth in the
attached Exhibit A. Consultant shall provide those additional design services and
construction management services ("Additional Services") set forth in the attached
Exhibit B.
1.2. Consultant shall perform all services under this Agreement on a timely,
regular basis and in a manner reasonably satisfactory to the Agency.
1.3. In performing this Agreement, Consultant shall comply with all applicable
provisions of federal, State, and local law.
1.4. As a material inducement to Agency 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
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covenants that it shall follow the customary professional standards in performing all
services.
1.5. 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.
2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall
continue for 200 days unless previously terminated as provided by this Agreement.
3.0 Consultant's Compensation
Consultant has received $153,065 for the Design Services performed. Agency
will pay Consultant in accordance with the fee schedule set forth in Exhibit C for the
Additional Services but in no event will the Agency pay more than $46,935 for such
Additional Services. Consultant will not be compensated for any work performed not
specified in the Scope of Services unless the Agency authorizes such work in advance
and in writing. The Agency's Executive Director 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 Agency Board authorization. Any additional work authorized by
the Agency pursuant to this Section will be compensated in accordance with the
schedule set forth in Exhibit C.
4.0 Method of Payment
4.1. Consultant shall submit to Agency monthly invoices for all services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days
of the end of the month during which the services were rendered and shall describe in
detail the services rendered during the period, the days worked, number of hours
worked, the hourly rates charged, and the services performed for each day in the
period. Agency will pay Consultant within 30 days of receiving Consultant's invoice.
Agency will not withhold any applicable federal or state payroll and other required taxes,
or other authorized deductions from payments made to Consultant.
4.2. Upon receipt of 24 hours' notice from Agency, Consultant shall allow
Agency or Agency's agents or representatives to inspect at Consultant's offices during
reasonable business hours all records, invoices, time cards, cost control sheets and
other records maintained by Consultant in connection with this Agreement. Agency's
rights under this Section 4.2 shall survive for two years following the termination of this
Agreement.
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5.0 Termination
5.1. This Agreement may be terminated by Agency, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not less than thirty 30 days prior to the date of termination.
5.2. This Agreement may be terminated by Agency upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement
of comprehensive general liability insurance as required by this Agreement at least 20
days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The Agency's Executive Director is the Agency's representative for
purposes of this Agreement.
6.2. Anissa Voyiatzes, P.E. is the Consultant's representative for purposes of
this Agreement. It is expressly understood that the experience, knowledge, capability,
and reputation of Anissa Voyiatzes were a substantial inducement for Agency to enter
into this Agreement. Therefore, Anissa Voyiatzes shall be responsible during the term
of this Agreement for directing all activities of Consultant and devoting sufficient time to
personally supervise the services hereunder. Consultant may not change its
representative without the prior written approval of Agency, which approval shall not be
unreasonably withheld.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be deemed
made when personally delivered or when mailed 48 hours after deposit in the United
States Mail, first class postage prepaid and addressed to the party at the following
addresses:
To Agency: Successor Agency to the Seal Beach Redevelopment
Agency
211 - 8th Street
Seal Beach, California 90740
Attn: Executive Director
To Consultant: PSOMAS
3 Hutton Centre Drive, Suite 200
Santa Ana, CA 92707
Attn: Anissa Voyiatzes
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7.2. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Consultant is an independent contractor and not an employee of the
Agency or the City of Seal Beach. All services provided pursuant to this Agreement
shall be performed by Consultant or under its supervision, and all personnel shall
possess the qualifications, permits, and licenses required by State and local law to
perform such services, including, without limitation, a City of Seal Beach business
license as required by the Seal Beach Municipal Code. Consultant will determine the
means, methods, and details of performing the services. Consultant shall be solely
responsible for the satisfactory work performance of all personnel engaged in
performing the services and compliance with the customary professional standards.
8.2. Any additional personnel performing services under this Agreement on
behalf of Consultant shall also not be employees of Agency and shall at all times be
under Consultant's exclusive direction and control. Consultant shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance of
services under this Agreement and as required by law. Consultant shall be responsible
for all reports and obligations respecting such additional personnel, including, but not
limited to: Social Security taxes, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance.
8.3. Consultant shall indemnify and hold harmless the Agency, the City of Seal
Beach, and their officials, officers and employees, servants, designated volunteers, and
agents serving as independent contractors in the role of Agency or City officials, from
any and all liability, damages, claims, costs and expenses of any nature to the extent
arising from Consultant's personnel practices. Agency shall have the right to offset
against the amount of any fees due to Consultant under this Agreement any amount
due to Agency from Consultant as a result of Consultant's failure to promptly pay to
Agency any reimbursement or indemnification arising under this Section 8.
9.0 Confidentiality
Consultant covenants that all data, documents, discussion, or other information
developed or received by Consultant or provided for performance of this Agreement are
deemed confidential and shall not be disclosed by Consultant without prior written
authorization by Agency. Agency shall grant such authorization if applicable law
requires disclosure. All Agency data shall be returned to Agency upon the termination
of this Agreement. Consultant's covenant under this Section shall survive the
termination of this Agreement.
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10.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of Agency. Consultant is fully responsible to Agency for the performance of
any and all subcontractors.
11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of Agency. Any purported
assignment without such consent shall be void and without effect.
12.0 Insurance
12.1. Liability Insurance. Consultant 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 and professional negligence which may arise from or in
connection with the performance of the services hereunder by Consultant, and its
agents, representatives, employees and subcontractors.
12.2. Minimum Scope of Insurance. Unless otherwise approved by Agency,
coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
Professional Liability insurance. Consultant shall provide to Agency the
standard form issued by the carrier.
12.3. Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
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.
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
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Employer's Liability: $1,000,000 per accident and in the aggregate for
bodily injury or disease and Workers' Compensation Insurance in the
amount required by law.
Professional Liability: $1,000,000 per claim/aggregate.
12.4. Deductibles and Self-Insured Retentions. Consultant shall inform Agency
of any deductibles or self-insured retentions except with respect to professional liability
insurance.
12.5. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
12.5.1. Agency, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of Agency officials,
are to be covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of Consultant; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; or automobiles owned,
leased, hired or borrowed by Consultant. The coverage shall contain no limitations on
the scope of protection afforded to Agency, its officers, officials, employees, designated
volunteers or agents serving as independent contractors in the role of Agency officials
which are not also limitations applicable to the named insured.
12.5.2. For any claims related to this Agreement, Consultant's
insurance coverage shall be primary insurance as respects Agency, its officers, officials,
employees, designated volunteers and agents serving as independent contractors in the
role of Agency officials. Any insurance or self-insurance maintained by Agency, its
officers, officials, employees, designated volunteers or agents serving as independent
contractors in the role of Agency officials shall be excess of Consultant's insurance and
shall not contribute with it.
12.5.3. Consultant'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.
12.5.4. Each insurance policy required by this clause 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 Agency, or 10
days' prior written notice by express overnight mail if cancellation is due to nonpayment
of premiums.
12.5.5 Each insurance policy, except for the professional liability
policy, required by this clause shall expressly waive the insurer's right of subrogation
against Agency and its elected officials, officers, employees, servants, attorneys,
designated volunteers, and agents serving as independent contractors in the role of
Agency officials.
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12.6. 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 Agency's
Risk Manager.
12.7. Verification of Coverage. All insurance coverages shall be confirmed by
execution of endorsements on forms approved by Agency. 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 Agency before services commence.
As an alternative to Agency forms, Consultant's insurer may provide complete, certified
copies of all required insurance policies, including endorsements effecting the coverage
required by these specifications.
13.0 Indemnification, Hold Harmless, and Duty to Defend
13.1 Indemnity for Design Professional Services. In connection with its design
professional services, Consultant shall hold harmless and indemnify Agency, the City of
Seal Beach, and their officials, officers, employees, servants, designated volunteers,
and those agents serving as independent contractors in the role of Agency or City
officials (collectively, "Indemnitees"), with respect to any and all claims, demands,
damages, liabilities, losses, costs or expenses, including reimbursement of attorneys'
fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to
Claims relating to death or injury to any person and injury to any property, which arise
out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or
willful misconduct of Consultant or any of its officers, employees, subcontractors, or
agents in the performance of its design professional services under this Agreement.
13.2 Other Indemnitees. In connection with any and all claims, demands,
damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of
defense (collectively, "Damages" hereinafter) not covered by Subsection 13.1,
Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to
any and all Damages, including but not limited to, Damages relating to death or injury to
any person and injury to any property, which arise out of, pertain to, or relate to the acts
or omissions of Consultant or any of its officers, employees, subcontractors, or agents
in the performance of this Agreement, except for such loss or damage arising from the
sole negligence or willful misconduct of the Agency, as determined by final arbitration or
court decision or by the agreement of the parties. Consultant shall defend Indemnitees
in any action or actions filed in connection with any such Damages with counsel of
Agency's choice, and shall pay all costs and expenses, including all attorneys' fees and
experts' costs actually incurred in connection with such defense. Consultant's duty to
defend pursuant to this Subsection 13.2 shall apply independent of any prior, concurrent
or subsequent misconduct, negligent acts, errors or omissions of Indemnitees.
14.0 Conflict of Interest
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14.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services, or which
would conflict in any manner with the performance of the services. Consultant further
covenants that, in performance of this Agreement, no person having any such interest
shall be employed by it. Furthermore, Consultant shall avoid the appearance of having
any interest, which would conflict in any manner with the performance of the services.
Consultant shall not accept any employment or representation during the term of this
Agreement which is or may likely make Consultant "financially interested" (as provided
in California Government Code §§ 1090 and 87100) in any decision made by Agency on
any matter in connection with which Consultant has been retained.
14.2. Consultant further warrants and maintains that it has not employed or
retained any person or entity, other than a bona fide employee working exclusively for
Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to
pay any person or entity, other than a bona fide employee working exclusively for
Consultant, any fee, commission, gift, percentage, or any other consideration contingent
upon the execution of this Agreement. Upon any breach or violation of this warranty,
Agency shall have the right, at its sole and absolute discretion, to terminate this
Agreement without further liability, or to deduct from any sums payable to Consultant
hereunder the full amount or value of any such fee, commission, percentage or gift.
14.3. Consultant warrants and maintains that it has no knowledge that any
officer or employee of Agency has any interest, whether contractual, noncontractual,
financial, proprietary, or otherwise, in this transaction or in the business of Consultant,
and that if any such interest comes to the knowledge of Consultant at any time during
the term of this Agreement, Consultant shall immediately make a complete, written
disclosure of such interest to Agency, even if such interest would not be deemed a
prohibited "conflict of interest" under applicable laws as described in this Subsection.
15.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.
Consultant shall not discriminate against any subcontractor, employee, or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex,
sexual orientation, or age. Such non-discrimination includes, but is not limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, or termination.
16.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions
of Section 3700 of the California Labor Code that require every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the services.
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17.0 Entire Agreement
This Agreement contains the entire Agreement of the Parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements. This Agreement may only be modified by a writing signed by both Parties.
18.0 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.
19.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
20.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either Party
as a result of this Agreement.
21.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. In no event shall the making by
Agency of any payment to Consultant constitute or be construed as a waiver by Agency
of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by Agency shall in no way impair or
prejudice any right or remedy available to Agency with regard to such breach or default.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall
give the other Party any contractual rights by custom, estoppel, or otherwise.
22.0 Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any
company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, Agency has the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of
Agency, during the term of his or her service with Agency, shall have any direct interest
in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
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23.0 Attorneys' Fees
If a Party commences any legal, administrative or other action against the other
Party arising out of or in connection with this Agreement, the prevailing Party in such
action shall be entitled to have and recover from the losing Party all of its attorneys' fees
and other costs incurred in connection therewith,
24.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any discrepancy between the
terms of any exhibit so incorporated and the terms of this Agreement, the terms of this
Agreement shall control.
25.0 Corporate Authority
The persons executing this Agreement on behalf of the Parties warrant that they
are duly authorized to execute this Agreement on behalf of said Parties and that by their
execution, the Parties are formally bound to the provision of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first above
written.
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SUCCESSOR AGENCY TO THE SEAS. CONSU NT
BEACH REDEVELOPMENT AGENCY
B
Y:
By:
Jill R, Ingram, Executive Name: AN 15S A TZ
Director
Its:
Attest: '
By: -_=-
By: Name: 1 �,r,( y �r
Linda Devine, Agency ��
Secretary Its:
Approved as to Form:
By:
Quinn M. Barrow, Agency
Counsel
Error! Unknown document property name.
Balancing thp Natural and Built Environment
November 30, 2012
David Spitz, P.E.
Project Manager
CITY OF SEAL BEACH
211 81h Street
Seal Beach, CA 90740
Subject: Proposal for the City of Seal Beach
Marina Drive Storm Drain Improvements CIP No. SD1201
BID PHASE/CONSTRUCTION SUPPORT SERVICES
Dear Mr. Spitz:
It was great to finally complete the Construction Documents for this important project for the
City of Seal Beach. At the end of October, the signed mylars were hand delivered to you so
that the bidding phase of this project can begin. Throughout the Construction
Document/Design phase of this project, we have proceeded with completion of the work
without any change order requests. We wanted to let you know some of the key tasks that we
completed in order to complete the Construction Documents. Since the Coastal Comission
approval process went much smoother when compared to other projects, we used that excess
budget to complete the following out of scope work:
• Topographic Surveying of the intersection of 5TH Street and Marina Drive (outside of
original alignment but used for final alignment).
• Geotechnical borings, material testing, and letter report for Box Culvert bedding
requirements/depth to groundwater.
• Plan and profiles drawings for the proposed Box Culvert were designed in the original
"straight"alignment and then realigned/modified to turn down 5Th Street and then
continue up Marina Drive.
• Additional potholing of utilities was performed to determine exact location of utilities
crossing the 5Th Street/Marina Drive realignment.
• The construction documents were scaled back to meet available funds
that the City will receive; this was what we considered as a"Phase
One"of this project. 3 Hutton Centre Drive
Suite 200
Santa Ana,CA 92707
Tel 714.751.7373
Fax 714.545.BBB3
M:\2SEA030100kADMIh1Contracts\AdditionaI Service5\121130—Marina Drive Add Service 1-Construction Assistance—Madditions.doc www.psoiTias.com
Due to the large width of the double box culvert configuration and the large angles
needed for the box culvert alignment, the junction structures were larger than the
typical one available from the Standard Plans for Public Works Construction. A
structural engineering subconsultant was brought on board to design the structures to
meet roadway loading conditions.
Extensive utility coordination with Southern California Edision, Southern California
Gas Company, and Verizon Communications in order to have their facilities designed
for relocation to avoid the Box Culvert construction (still currently underway).
Again, we are pleased to complete this project for you and just wanted to note some of the
challenges that we faced through completion of the Construction Documents.
In accordance with the City's Request,we are providing this submittal of our fee proposal for
construction assistance services and preparation of a Project Water Quality Management Plan
(WQMP). The proposal is based on discussions with the City, an estimated two month
bidding phase(November—December) and a five month construction phase (January—
May), and the scope of work/tasks contained in Exhibit A dated November 29, 2012.
The total project fee for the Additional Services is estimated to be $46,935 which would
assume weekly construction meetings for the first three months of the project followed
by bi-weekly meetings thereafter,for the bidding phase work including one bid
addendum,and for the Utility Coordination work that is still currently underway and
may not be completed until during the construction phase. All fees quoted are time and
materials not to exceed as needed unless noted otherwise. This fee includes the cost of our
outside direct costs such as printing of documents, mileage, and preparation of record
drawing/final mylars.
Our fee proposal should be considered a negotiable offer to perform the services as presented
in our proposal. This fee proposal will be valid for 90 calendar days. Should you have any
questions regarding this proposal,please do not hesitate to contact me at(714)481-7902 or
joe.mulvihillnpsomas.com
Sincerely,
PSOMAS
4
Joseph Mulvihill, P.E.
Senior Project Manager
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MAMORLd
EXHIBIT A
TASKS TO BE PERFORMED
Marina Drive Storm Drain Improvements CIP No. SD1201
SCOPE OF WORK—CONSTRUCTION SUPPORT SERVICES
November 30,2012
Project Overview
In conjunction with our current contract for the Marina Drive Storm Drain Improvements
Project, the City desires to use additional engineering consulting services during the bidding
phase and construction phase of this project. The work is described in detail below.
Current Under Contract
Design services for the Marina Drive Storm Drain Improvements from Corsair Way
to 51h Street along Electric Avenue.
Proposed Scope of Work
A. Prepare a Project Specific Water Quality Management Plan (WQMP) for the
Marina Drive Storm Drain Improvement Project.
Description of Work
Psomas will prepare a WQMP including the following:
• Project Description
• Determine Potential Stormwater Pollutants, Hydrologic Conditions or
Concerns, and Post Development Conditions
• Site Description including watershed review and Location Map and Plot Plan
• Best Management Practices
• Long term Responsibilities for Inspection and Maintenance
• Site Plan and Drainage Plan
o Educational Materials
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B. Provide Engineering Support services during the bidding and construction
phases of the Marina Drive Storm Drain Improvement Project.
Description of Work
Psomas will provide construction support for the following tasks:
1. Attend Pre-Bid Meeting/Field walk, if City decides to include as part of the bid
process.
2. Assist City Staff in the bid process by remaining "on-call" to answer questions from
prospective bidders. Prepare answers to bid questions and bid addendum (one), if
necessary.
3, Assist City staff with Bid Analysis, if requested.
4. Attend the Pre-Construction Meeting, if requested by the City.
5. Review and respond to materials submitted, shop drawings and requests for
information.
6. On-going coordination and project management including coordinating completed
and proposed utility work, attending progress meetings, and other requested
meetings.
7. Site observations and field meetings with Contractor for plan clarification and
questions (Structural engineer—8 hours allocated for review/site visit).
8. Prepare and assist with Change Orders, as necessary, due to utility relocations.
9. Prepare record drawings ("As-Builts") of any and all changes recorded during
construction by the Contractor.
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ATTACHMENT "D"
Agreement:
Casulas Construction Services
PROFESSIONAL SERVICES AGREEMENT FOR
MARINA DRIVE STORM DRAIN IMPROVEMENTS
PROJECT NO SD1201
Between
SEA1
Successor Agency to the Beal Beach Redevelopment Agency
211 - 8th Street
Seal Beach, CA 90740
Casulas Construction Services
3139 North Pinewood Street
Orange, CA 92805
P — 714-425-3104
This Professional Service Agreement ("the Agreement") is made as of December 10,
2012 (the "Effective Date"), by and between Casulas Construction Services
("Consultant"), a Private Company, and the Successor Agency to the Seal Beach
Redevelopment Agency ("Agency") (collectively, "the Parties").
RECITALS
A. The California Department of Finance has approved and
determined that the funding for the Agency's Marina Drive Storm Drain
Improvements Project No. SD 1201 ("Project") is an enforceable obligation of the
Agency.
B. Because of its location within the Coastal Zone, the Project requires
either a Coastal Development Permit from the California Coastal Commission or
a waiver of that requirement from the Commission. On September 26, 2012, the
California Coastal Commission issued a waiver of the Coastal Development
Permit requirement.
C. Agency desires to engage Consultant to provide Storm Drain
Inspection services in the manner set forth herein and more fully described in
Section 1 in connection with the Project.
D. Consultant represents that the principal members of its firm are
qualified Inspectors and are fully qualified to perform the services contemplated
by this Agreement in a good and professional manner; and it desires to perform
such services as provided herein.
E. On December 10, 2012, the Oversight Board for the Agency has
reviewed and approved this Agreement. This agreement will not become
effective unless and until the approval of the Oversight Board is deemed effective
under AB X1 26 and AB 1484.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as
follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services ("Services") set forth in the
attached. Exhibit A, which is hereby incorporated by this reference. To the extent
that there is any conflict between Exhibit A and this Agreement, this Agreement
shall control.
12. Consultant shall perform all Services under this Agreement in
a'ccordance with the standard of care generally exercised by like professionals
under similar circumstances and in a manner reasonably satisfactory to Agency.
1.3. In performing this Agreement, Consultant shall comply with all
applicable provisions of federal, state, and local law.
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1.4. . Consultant will not be compensated for any work performed not
specified in the Scope of Services unless the Agency authorizes such work in
advance and in writing. The Agency's Executive Director 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.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and
shall continue for a term of 200 days unless previously terminated as provided by
this Agreement.
3.0 Consultant's Compensation
Agency will pay Consultant in accordance with the hourly rates shown on
the fee schedule set forth in Exhibit B for Services but in no event will the Agency
pay more than $50,000. Any additional work authorized by the Agency pursuant
to Section 1.4 will be compensated in accordance with the fee schedule set forth
in Exhibit A.
4.0 Method of Payment
4.1. Consultant shall submit to Agency monthly invoices for all services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15
days of the end of the month during which the services were rendered and shall
describe in detail the services rendered during the period, the days worked,
number of hours worked, the hourly rates charged, and the services performed
for each day in the period. Agency will pay Consultant within 30 days of
receiving Consultant's invoice. Agency will not withhold any applicable federal or
state payroll and other required taxes, or other authorized deductions from
payments made to Consultant.
4.2. Upon 24-hour notice from Agency, Consultant shall allow Agency or
Agency's agents or representatives to inspect at Consultant's offices during
reasonable business hours all records, invoices, time cards, cost control sheets
and other records maintained by Consultant in connection with this Agreement,
Agency's rights under this Section 4.2 shall survive for two years following the
termination of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by Agency, without cause, or
by Consultant based on reasonable cause, upon giving the other party written
notice thereof not less than 30 days prior to the date of termination.
5.2. . This Agreement may be terminated by Agency upon 10 days'
notice to Consultant if Consultant fails to provide satisfactory evidence of renewal
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or replacement of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The Agency's Executive Director is the Agency's representative for
purposes of this Agreement.
6.2. Tom Casulas is the Consultant's primary representative for
purposes of this Agreement.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
To City: Successor Agency to the Seal Beach
Redevelopment Agency
211-8th Street
Seal Beach, California 90740
Attn: Executive Director
To Consultant: Casulas Construction Services
3139 North Pinewood Street
Orange, CA 92865
Attn: Tom Casulas
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service,
8.0 Independent Contractor
8.1. Consultant is an independent contractor and not an employee of
the Agency or the City of Seal Beach. All services provided pursuant to this
Agreement shall be performed by Consultant or under its supervision.
Consultant will determine the means, methods, and details of performing the
services. Any additional personnel performing services under this Agreement on
behalf of Consultant shall also not be employees of Agency and shall at all times
be under Consultant's exclusive direction and control. Consultant shall pay all
wages, salaries, and other amounts due such personnel in connection with their
performance of services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income
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tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
8.2. Consultant shall indemnify and hold harmless the Agency, the City
of Seal Beach and its elected officials, officers, employees, servants, designated
volunteers, and agents serving as independent contractors in the role of Agency
or City officials, from any and all liability, damages, claims, costs and expenses
of any nature to the extent arising from Consultant's personnel practices.
Agency shall have the right to offset against the amount of any fees due to
Consultant under this Agreement any amount due to Agency from Consultant as
a result of Consultant's failure to promptly pay to Agency any reimbursement or
indemnification arising under this Section.
9.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior
written approval of the Agency. Consultant is fully responsible to City for the
performance of any and all subcontractors.
10.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement
whether by assignment or novation, without the prior written consent of Agency.
Any purported assignment without such consent shall be void and without effect.
11.0 Insurance
11.1. Consultant shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Consultant has secured all
insurance required under this Section. Consultant shall furnish Agency with
original certificates of insurance and endorsements effecting coverage required
by this Agreement on forms satisfactory to the Agency. The certificates and
endorsements for each insurance policy shall be signed by a person authorized
by that insurer to bind coverage on its behalf, and shall be on forms provided by
the Agency if requested. All certificates and endorsements shall be received and
approved by the City before work commences. The Agency reserves the right to
require complete, certified copies of all required insurance policies, at any time.
11.2. Consultant shall, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance
of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City. Coverage shall be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code
1 (any auto); and, if required by the Agency, (3) Professional Liability. Consultant
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shall maintain limits no less than: (1) General Liability: $2,000,000 per
occurrence for bodily injury, personal injury and property damage and if
Commercial General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) Professional Liability: $1,000,000 per
claim/aggregate.
11.3. The insurance policies shall contain the following provisions, or
Consultant shall provide endorsements on forms supplied or approved by the
Agency to state: (1) coverage shall not be suspended, voided, reduced or
canceled except after 30 days prior written notice by certified mail, return receipt
requested, has been given to the Agency; (2) any failure to comply with reporting
or other provisions of the policies, including breaches of warranties, shall not
affect coverage provided to the Agency, its directors, officials, officers,
(3) coverage shall be primary insurance as respects the Agency, its directors,
officials, officers, employees, agents and volunteers, or if excess, shall stand in
an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage and that any insurance or self-insurance maintained by the Agency, its
directors, officials, officers, employees, agents and volunteers shall be excess of
the Consultant's insurance and shall not be called upon to contribute with it;
(4) for general liability insurance, that the Agency, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with
respect to the services or operations performed by or on behalf of the Consultant,
including materials, parts or equipment furnished in connection with such work;
and (5) for automobile liability, that the Agency, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with
respect to the ownership, operation, maintenance, use, loading or unloading of
any auto owned, leased, hired or borrowed by the Consultant or for which the
Consultant is responsible.
11.4. All insurance required by this Section shall contain standard
separation of insureds provisions and shall not contain any special limitations on
the scope of protection afforded to the Agency, its directors, officials, officers,
employees, agents, and volunteers.
11.5. Any deductibles or self-insured retentions shall be declared to and
approved by the City. Consultant guarantees that, at the option of the Agency,
either: (1) the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the Agency, its directors, officials, officers, employees,
agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and
defense expenses.
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12.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant shall defend, indemnify, and hold the Agency, the City of Seal
Beach, its officials, officers, employees, volunteers and agents serving as
independent contractors in the role of Agency or City officials (collectively
"Indemnitees") free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or
incident to any acts or omissions of Consultant, its employees, or its agents in
connection with the performance of this Agreement, including without limitation
the payment of all consequential damages and attorneys' fees and other related
costs and expenses, except for such loss or damage arising from the sole
negligence or willful misconduct of the City. With respect to any and all such
aforesaid suits, actions, or other legal proceedings of every kind that may be
brought or instituted against Indemnitees, Consultant shall defend Indemnitees,
at Consultant's own cost, expense, and risk, and shall pay and satisfy any
judgment, award, or decree that may be rendered against Indemnitees.
Consultant shall reimburse Agency and its directors, officials, officers,
employees, agents and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by Consultant, the Agency, its directors,
officials, officers, employees, agents or volunteers. All duties of Consultant
under this Section shall survive termination of this Agreement.
13.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity
employer. Consultant shall not discriminate against any subcontractor,
employee, or applicant for employment because of race, religion, color, national
origin, handicap, ancestry, sex, sexual orientation, or age. Such non-
discrimination includes, but is not limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, or termination.
14.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every
employer to be insured against liability for Workers' Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and
agrees to comply with such provisions before commencing the performance of
the Services.
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15.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect
to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a
writing signed by both parties.
16.0 Severabillity
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.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either
party as a result of this Agreement.
19.0 Waiver
No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a party shall give the other
party any contractual rights by custom, estoppel, or otherwise.
20.0 Prohibited Interests; Conflict of Interest
20.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Consultant shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Consultant "financially interested" (as provided in California
Government Code §§1090 and 87100) in any decision made by Agency on any
matter in connection with which Consultant has been retained.
20.2. Consultant further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Consultant, to solicit or obtain this Agreement. Nor has
Consultant paid or agreed to pay any person or entity, other than a bona fide
employee working exclusively for Consultant, any fee, commission, gift,
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percentage, or any other consideration contingent upon the execution of this
Agreement. Upon any breach or violation of this warranty, Agency shall have the
right, at its sole and absolute discretion, to terminate this Agreement without
further liability, or to deduct from any sums payable to Consultant hereunder the
full amount or value of any such fee, commission, percentage or gift.
20.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of Agency has any interest, whether contractual, non-
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Consultant, and that if any such interest comes to the knowledge of
Consultant at any time during the term of this Agreement, Consultant shall
immediately make a complete, written disclosure of such interest to Agency,
even if such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this subsection.
21.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
-the prevailing party in such litigation shall be entitled to have and recover from
the losing party all of its attorneys' fees and other costs incurred in connection
therewith.
22.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this
Agreement, the terms of this Agreement shall control.
23.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants
that he or she is duly authorized to execute this Agreement on behalf of said
Party and that by his or her execution, the Consultant is formally bound to the
provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective
authorized representatives have executed this Agreement as of the date and
year first above written.
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CITY OF SEAL BEACH CONSULTANT
By: By:
Jill R. Ingram, Executive
Director Name:
Its:
Attest:
By:
By:
Linda Devine, Agency Name:
Secretary
Its:
Approved as to Form:
By:
Quinn Barrow, Agency
Councel
ATTACHMENT "E"
Agreement:
Associated Soils Engineering , Inc.
PROFESSIONAL SERVICES AGREEMENT FOR
MARINA DRIVE STORM DRAIN IMPROVEMENTS
PROJECT NO SD1201
Between
SEA1
t0o
Ar
7 N
'UN
Successor Agency to the Seal Beach Redevelopment Agency
211 - 8th Street
Seal Beach, CA 90740
Associated Soils Engineering, Inc.
2860 Walnut Avenue
Signal Hill, CA 90755
P — 562-426-7990
This Professional Service Agreement ("the Agreement") is made as of December 10,
2012 (the "Effective Date"), by and between Associated Soils Engineering, Inc.
("Consultant'), a Corporation, and the Successor Agency to the Seal Beach
Redevelopment Agency ("Agency") (collectively, "the Parties").
RECITALS
A. The California Department of Finance has approved and
determined that the funding for the Agency's Marina Drive Storm Drain
Improvements Project No. SD 1201 ("Project") is an enforceable obligation of the
Agency.
B. Because of its location within the Coastal Zone, the Project requires
either a Coastal Development Permit from the California Coastal Commission or
a waiver of that requirement from the Commission, On September 26, 2012, the
California Coastal Commission issued a waiver of the Coastal Development
Permit requirement.
C. Agency desires to engage Consultant to provide Storm Drain
Materials and Soils testing services in the manner set forth herein and more fully
described in Section 1 in connection with the Project.
D. Consultant represents that the principal members of its firm are
qualified Inspectors and are fully qualified to perform the services contemplated
by this Agreement in a good and professional manner; and it desires to perform
such services as provided herein.
E. On December 10, 2012, the Oversight Board for the Agency has
reviewed and approved this Agreement. This agreement will not become
effective unless and until the approval of the Oversight Board is deemed effective
under AB X1 26 and AB 1484.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as
follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services ("Services") set forth in the
attached Exhibit A, which is hereby incorporated by this reference. To the extent
that there is any conflict between Exhibit A and this Agreement, this Agreement
shall control,
1.2. Consultant shall perform all Services under this Agreement in
accordance with the standard of care generally exercised by like professionals
under similar circumstances and in a manner reasonably satisfactory to Agency.
1.3. In performing this Agreement, Consultant shall comply with all
applicable provisions of federal, state, and local law.
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1.4. Consultant will not be compensated for any work performed not
specified in the Scope of Services unless the Agency authorizes such work in
advance and in writing. The Agency's Executive Director 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.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and
shall continue for a term of 200 days unless previously terminated as provided by
this Agreement.
3.0 Consultant's Compensation
Agency will pay Consultant in accordance with the hourly rates shown on
the fee schedule set forth in Exhibit B for Services but in no event will the Agency
pay more than $20,000. Any additional work authorized by the Agency pursuant
to Section 1.4 will be compensated in accordance with the fee schedule set forth
in Exhibit A.
4.0 Method of Payment
4.1. Consultant shall submit to Agency monthly invoices for all services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15
days of the end of the month during which the services were rendered and shall
describe in detail the services rendered during the period, the days worked,
number of hours worked, the hourly rates charged, and the services performed
for each day in the period. Agency will pay Consultant within 30 days of
receiving Consultant's invoice. Agency will not withhold any applicable federal or
state payroll and other required taxes, or other authorized deductions from
payments made to Consultant.
4.2. Upon 24-hour notice from Agency, Consultant shall allow Agency or
Agency's agents or representatives to inspect at Consultant's offices during
reasonable business hours all records, invoices, time cards, cost control sheets
and other records maintained by Consultant in connection with this Agreement.
Agency's rights under this Section 4.2 shall survive for two years following the
termination of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by Agency, without cause, or
by Consultant based on reasonable cause, upon giving the other party written
notice thereof not less than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by Agency upon 10 days'
notice to Consultant if Consultant fails to provide satisfactory evidence of renewal
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or replacement of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The Agency's Executive Director is the Agency's representative for
purposes of this Agreement.
6.2. Tom Casulas is the Consultant's primary representative for
purposes of this Agreement.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
To City: Successor Agency to the Seal Beach
Redevelopment Agency
211-8th Street
Seal Beach, California 90740
Attn: Executive Director
To Consultant: Associated Soils Engineering, Inc.
2860 Walnut Avenue
Signal Hill, CA 90755
Attn: Ted Riddell
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Consultant is an independent contractor and not an employee of
the Agency or the City of Seal Beach. All services provided pursuant to this
Agreement shall be performed by Consultant or under its supervision.
Consultant will determine the means, methods, and details of performing the
services. Any additional personnel performing services under this Agreement on
behalf of Consultant shall also not be employees of Agency and shall at all times
be under Consultant's exclusive direction and control. Consultant shall pay all
wages, salaries, and other amounts due such personnel in connection with their
performance of services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income
4 of 10
tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance,
8.2. Consultant shall indemnify and hold harmless the Agency, the City
of Sea[ Beach and its elected officials, officers, employees, servants, designated
volunteers, and agents serving as independent contractors in the role of Agency
or City officials, from any and all liability, damages, claims, costs and expenses
of any nature to the extent arising from Consultant's personnel practices.
Agency shall have the right to offset against the amount of any fees due to
Consultant under this Agreement any amount due to Agency from Consultant as
a result of Consultant's failure to promptly pay to Agency any reimbursement or
indemnification arising under this Section,
9.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior
written approval of the Agency. Consultant is fully responsible to City for the
performance of any and all subcontractors.
10.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement
whether by assignment or novation, without the prior written consent of Agency.
Any purported assignment without such consent shall be void and without effect.
11.0 Insurance
11.1. Consultant shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Consultant has secured all
insurance required under this Section. Consultant shall furnish Agency with
original certificates of insurance and endorsements effecting coverage required
by this Agreement on forms satisfactory to the Agency. The certificates and
endorsements for each insurance policy shall be signed by a person authorized
by that insurer to bind coverage on its behalf, and shall be on forms provided by
the Agency if requested. All certificates and endorsements shall be received and
approved by the City before work commences. The Agency reserves the right to
require complete, certified copies of all required insurance policies, at any time.
11.2. Consultant shall, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance
of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City. Coverage shall be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2)Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code
1 (any auto); and, if required by the Agency, (3) Professional Liability. Consultant
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shall maintain limits no less than* (1) General Liability: $2,000,000 per
occurrence for bodily injury, personal injury and property damage and if
Commercial General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) Professional Liability: $1,000,000 per
claim/aggregate.
11.3. The insurance policies shall contain the following provisions, or
Consultant shall provide endorsements on forms supplied or approved by the
Agency to state: (1) coverage shall not be suspended, voided, reduced or
canceled except after 30 days prior written notice by certified mail, return receipt
requested, has been given to the Agency; (2) any failure to comply with reporting
or other provisions of the policies, including breaches of warranties, shall not
affect coverage provided to the Agency, its directors, officials, officers,
(3) coverage shall be primary insurance as respects the Agency, its directors,
officials, officers, employees, agents and volunteers, or if excess, shall stand in
an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage and that any insurance or self-insurance maintained by the Agency, its
directors, officials, officers, employees, agents and volunteers shall be excess of
the Consultant's insurance and shall not be called upon to contribute with it;
(4) for general liability insurance, that the Agency, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with
respect to the services or operations performed by or on behalf of the Consultant,
including materials, parts or equipment furnished in connection with such work;
and (5) for automobile liability, that the Agency, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with
respect to the ownership, operation, maintenance, use, loading or unloading of
any auto owned, leased, hired or borrowed by the Consultant or for which the
Consultant is responsible.
11 A. All insurance required by this Section shall contain standard
separation of insureds provisions and shall not contain any special limitations on
the scope of protection afforded to the Agency, its directors, officials, officers,
employees, agents, and volunteers.
11.5. Any deductibles or self-insured retentions shall be declared to and
approved by the City. Consultant guarantees that, at the option of the Agency,
either: (1) the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the Agency, its directors, officials, officers, employees,
agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and
defense expenses.
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12.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant shall defend, indemnify, and hold the Agency, the City of Seal
Beach, its officials, officers, employees, volunteers and agents serving as
independent contractors in the role of Agency or City officials (collectively
"Indemnitees") free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or
incident to any acts or omissions of Consultant, its employees, or its agents in
connection with the performance of this Agreement, including without limitation
the payment of all consequential damages and attorneys' fees and other related
costs and expenses, except for such loss or damage arising from the sole
negligence or willful misconduct of the City. With respect to any and all such
aforesaid suits, actions, or other legal proceedings of every kind that may be
brought or instituted against Indemnitees, Consultant shall defend Indemnitees,
at Consultant's own cost, expense, and risk, and shall pay and satisfy any
judgment, award, or decree that may be rendered against Indemnitees.
Consultant shall reimburse Agency and its directors, officials, officers,
employees, agents and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by Consultant, the Agency, its directors,
officials, officers, employees, agents or volunteers. All duties of Consultant
under this Section shall survive termination of this Agreement.
13.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity
employer. Consultant shall not discriminate against any subcontractor,
employee, or applicant for employment because of race, religion, color, national
origin, handicap, ancestry, sex, sexual orientation, or age. Such non-
discrimination includes, but is not limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, or termination.
14.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every
employer to be insured against liability for Workers' Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and
agrees to comply with such provisions before commencing the performance of
the Services,
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15.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect
to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements, This Agreement may only be modified by a
writing signed by both parties.
16.0 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.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either
party as a result of this Agreement.
19.0 Waiver
No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a party shall give the other
party any contractual rights by custom, estoppel, or otherwise.
20.0 Prohibited Interests; Conflict of Interest
20.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Consultant shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Consultant "financially interested" (as provided in California
Government Code §§1090 and 87100) in any decision made by Agency on any
matter in connection with which Consultant has been retained.
20.2. Consultant further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Consultant, to solicit or obtain this Agreement. Nor has
Consultant paid or agreed to pay any person or entity, other than a bona fide
employee working exclusively for Consultant, any fee, commission, gift,
8 of 10
percentage, or any other consideration contingent upon the execution of this
Agreement. Upon any breach or violation of this warranty, Agency shall have the
right, at its sole and absolute discretion, to terminate this Agreement without
further liability, or to deduct from any sums payable to Consultant hereunder the
full amount or value of any such fee, commission, percentage or gift,
20.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of Agency has any interest, whether contractual, non-
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Consultant, and that if any such interest comes to the knowledge of
Consultant at any time during the term of this Agreement, Consultant shall
immediately make a complete, written disclosure of such interest to Agency,
even if such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this subsection.
21.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from
the losing party all of its attorneys' fees and other costs incurred in connection
therewith.
22.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this
Agreement, the terms of this Agreement shall control.
23.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants
that he or she is duly authorized to execute this Agreement on behalf of said
Party and that by his or her execution, the Consultant is formally bound to the
provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective
authorized representatives have executed this Agreement as of the date and
year first above written.
9 Of 10
CITY OF SEAL BEACH CONSULTANT
By: By:
Jill R. Ingram, Executive
Director Name: Edward C. (Ted) Riddell
Its: President
Attest:
By: /5:1
By:
Linda Devine, Agency Name.6Joh R. Whitney
Secretary
Its: Vice President
Approved as to Form:
By:
Quinn Barrow, Agency
Councel
?660 WA1141,11 AVE, �A(.,NAL 1111,1_CALIF,9075�i-PHONL 562/4.26-7990-PAX 5W,426 1842
IT
SOILS FNGINEFH( G' INC,
con"'vm" o,wouvif"ur"yIrlomp N0ve/nbcr 30. 2017
P|opnsa| No� 1 | 78
City of Seal Beach
/IlHAhthStreet
1�ca| Beach, Co||fornia9074O
Attention Mr. David Spitz
�ubjo Proposal io/ Gemtechn|ca1 Observation and Testin8S9rvices 0UdDgK4a,ina Drive
Storm Drain |noprovennen\s — P 'ec1 N0, SD 1201, Seal Beach, California
Ladies and Gentlemen:
In accordance with Your request, Associated Soils Engineering, Inc. (ASE) is pleased to submit
this estimate of costs to provide 6ecdechnical Observation and Testing Services during the
excavation and backMU testing phase of the proposed construction of the Marina Drive Storm
Drain Improvements, This proposal includes a cost estimate for the field, laboratory and office
services required to provide Oeot8ChDiCn| observation and testing services. It is understood by
A5[ that this project is subject to prevailing wage and therefore our estimated costs for field
testing are based on prevailing wage rates and regulations, according tnthe labor laws of the
Mate ofCalifornia,
CONSTRUCTION OBSERVATION & TESTING
Based on information provided byyou, it isASE's understanding that itis proposed tn provide
observation and testing services during the excavation and backfill of the storm drain trench
during construction. For the purpose of preparing this proposal, ASE has assumed that the
1,en[h hackfi|| compaction operation would require 45 days With Our technician being nndtefor
X of each day (4 h/v/day) for observation and testing, laboratory testing incidental to
ron)pnctiontesthnDandpruvideaf\nJlconnpactinnr8podatthcc0n)plehmnoftheope/ati0l,
1 Scope of Services
It will be necessary to provide observation and testing services during excavation and
grading to comply with generally accepted spedfications. ASE would provide the
following services during the mainline utilities and pavemeni construction phase:
a. PreconsJrU(tion meeting, initial site sampling and coo»ul1adon, as
needed.
I.,) Observation and testing during excavation and backfU| compaction For
the purpose o[this proposal, m/e have assumed the backfiU operation will
require 45 trips\othe site for nu/\echnician at 4 hmurs perUip�
� Labo|aiory work mddpn1al to Ln|Ap8cx)n io\tin� mc|ud"/8 mvxmmm
dn.uty 'd (h' native s0Uk and [MB�
if At \he rDnmpIe1i0n of grading, W. will pi-!pare o final neVoh (/{ /cquxpJ)
|o/ \k� V/nieU sunn|nariri rip the geoke«hnic:\ �enoce` pSr-fornnrJ
/ [StinatedFees
The cost of |hcsr services depends mainly On the number of /equi/edNps \u the site,
the number of retests necessary due t0 initial inadequate compaction, the pace and
per(orrnanceofthe cortrncUz� the 1imeSpan needed to complete the entire project
and the number ofcompaction nepndiSrpquired The assumed hours listed below are
based on your, estimated number of trips to the site (45 trips () 4 hrytrip` Field
Technician rates anu inclusive of all necessary testing equipment, mileage and
transportation For the purpose of this proposal we have aSSonoWd n0,nna| workday
howrsof Monday through Friday arid between 7:00 AM and 6:00 PM
ITEM HOURS COST EXTENSION
RATE
TRENCH BACKFILL OBSERVATION&TESTING
'----
LABORATORY\ —
COMPACTION REPORT(it nr-cc�-,,wyl
Une Final Compaction Report Lump Son') S:1000.00 C,
TOTAL $20,000.00
CLOSURE
The above estimate forReotochnicn| services would be invoiced monthly on a time and rnatena|
basis per the attached Fee Schedule, not to exceed the above estimate vvithoUY prior Approval.
Additional 68rvices required beyond the above scope vvoQ|d be billed asan extra cost item
LD '
if the Sprviccs required are less than anticipated abovc, billing would be less as we
only charge for, services performed.
city of Sea|Roac!/ Nnvr°bp. }0. ZO}/
p/"vum| Nn p]Z D'/
SOILS ENGINEERING,INC.
vv(r nppre(iMc the opportunity to submit this proposal 11' there are tiny ques"Oow, of you
( I,mfi(iltion plea"o ('010,10 w', at (562) 4),6 7990,
vely [mly yom ,
Associated Soils Engineering, Inc,
I ir 1,a r "4e/d) Riddell
President, Principal Geologist
I nclomom 2032 Professional Fee Schedule
Oislribt.itioiv (1) Addressed via e-rnail:
OW
A
City of Seal Beach NowmW" 31 2W
Propo,,,ol No 1111.17�1 PaRp
SOTS ENGMEEWNR INC,
PHONF56?i426,7990 VAX 562i42u-m4�,
SOILS ENGINEFRING, ING,
0cotechnicall -JANUARY 2012 FEE SCHEDULE
ENGINEERING AND TECHNICAL SERVICES
(Hourly Rates)
principal(300technical $160.00 Pile Inspector(Drilleo/Dnveriff`iebacki $9500
Project Engineer/Geologist $130.00 Registered Deputy Inspector $95,00
Staff Engineer/Geologist $110,00 Laboratory Technician $60001
Supervising Technician (Lab/f"ietd) $90.00 Technical Typist $45.00
Field'Technician $65,00 Technical Illustrator $60.00
Field Technician(Prevailing Wage) $95.00 Field/Lab Assistant $5000
Field Support Services $50.00 Expert Witness(Preparation&Court- 4 hr min) $30000
Office Services $50,00
LABORATORY TESTING AND CORING SERVICES
(Rate Per Test)
CLASSIFICATION AND INDEX TEST COMPACTION&R-VALUE TEST
Sand Equivalent(Cal 217 or ASTM D2419) $60,00 Max Density/Opt.Moisture ASTM D1557(Method A and 11) $140.00
Atterberg Limit(LL&PL per ASTM D4318-1)84) $125.00 Max Density/Opt.Moisture ASTM D1557(Method C) $150,00
Shrinkage Factors(ASTM D427) $90.00 Max Density/Opt.Moisture California 216 $150-00
Sieve Analysis including Hydro(ASTM D422) $130.00 R-Value Natural Soil(Cal 301 or ASTM 2844) $210.00
Sieve Analysis-retained 200 mesh $75.00 R-Value Cement or Lime treated Soil(Cal 301 or AS1M 2844) $225.00
200 Wash $40,00 R-Value Aggregate Base(Cal 301 or ASTM 2844) $250.00
Moisture Content(ASTM D2216) $10.00 CBR(ASTM D1883)-Soil $270.00
Moisture Content&Dry Density-Ring(D2937) $15.00 CBR-Base $360.00
Moisture Content Dry DensityShelby Tube $25,00 CONSOLIDATION AND EXPANSION TEST
Specific Gravity-Soil $100.00 Consolidation ASTM D2435(Method A) $17000
Consolidation ASTM D2435(Method B) $325,00
STRENGTH TEST 'Time Rate per Load Increment $35.00
Direct Shear UU(I point) $75.00 Expansion Index(2.5"Diameter Specimen) $85.00
Direct Shear UU(3 points) $150,00 Expansion Index(4.0"Diameter Specimen) $100,00
Direct Shear CID(3 points) $190.00 Single Load Swell of Collapse Test $100.00
Unconfined Compression $235,00 ASPHALT CONCRETE TEST
Residual Shear(3 Shear) $200.00 Mix Design by Marshall or Stabilometer Method By Quotation
SOIL CHEMISTRY Field Density for Compacted Mix(Cal 308) By Quotation
Sulfates $60.00 Thickness of Compacted Mix $25,00
Chlorides $60.00 'Theoretical Max,Sp.Gravity&Density of Bituminous Mixtures $11000
(ASTM D 2071)
PH $50.00 Extraction of Bitumen Mat,%Oil in mix(ASTM D2172,Meth A) $13000
Resistivity $80.00 Maximum Density Determination(Cal 304,2 pt Average) $170.00
Corrosivity Suite(So4,Cl,pH,Resistivity) $225.00 Stability Value(Cal 366) $10000
DIAMOND CORING Extraction of Bitumen Material by Ignition Method $170,00
2"to 6"Diameter $5000 AGGREGATE AND BASE COURSE TEST
8"to 9"Diameter $65,00 Durability of Aggregate(Cal 229) $200,00
Hourly Charge Portal-to-PortallStandby Time $125.00 Sieve Analysis,Fines Only(ASTM C 136) $75.00
Minji-nurn Charge $250.00 Sieve Analysis,Fines and Coarse(ASTM C1 36)Wor(Cal 202) $9000
Cleanness Value CTM 227 $115,00
Sp Gravity, Fine aggregate incl %Absorption(ASTM C 128) $100.00
Compression Test 6"x12"Cylinders inci Field $20.00 Sp.Gravity,Coarse Aggregate incl %Absorption $75.00
(ASTM C39)each (ASTM C127)
Sample Pickup each(set of 4)(per hour rate) $50.00 Abrasion Resistance-LA Rattler, 100-500 rev (AS I M C 13 1) $120.00
Compression Test, 2",4"and 6"Cores $35,00 Centrifuge Kerosene Equivalent(Cal 303) $20000
(ASTM C42)each
Mortar Compression $20,00
Grout Compression $30.00
Masonry Prisms $10000
BASIS OF CHARGES
RggqjgLHours Monday to Friday-7 00 AM to 4 00 PM Laboratory test rates do nor include sampling tinre or cost of equipment to secure
Overtime Hours. 1.5 times regular rate over 8 hours per the samples
day,night shifts and Saturdays Double time regular late on
Sundays,Holidays and work days over 12 hours Outside equipment/services,if applicable,will be billed on the basis of our cost
Minimum Clharg : 2-hour minimum for show-up if not plus 15%
cancelled two(2)hours prior to arrival 4-hour I'lliflIrTlUrn if
inspection is equal to or less than four(4)hours Engineering reports(up to 5 copies)shall be billed an a bane and material basis
with a minimum charge of$350,00 Additional copies will be furnished at I cost
Charges for all field work will be computed on a portal-lo-po(tal of$0 W Per Page,Plus$5.00 for binding
basis with a minimum of two(2)hour show-up
Field work will be billed on a tune and miteriat basis unless Fees charged are for professional and technical services and are due upon
rI uoted otherwise presentation. If not paid within thirty(30)days of invoice,they are conside!ed
past due and a finance charge of 11/z%,per month writ be added to the unpaid
balance(18%annual percentaqe,rate)
Rak"';Valid I hrough December 31 7012