HomeMy WebLinkAboutCC AG PKT 2013-08-26 #FAGENDA STAFF REPORT
DATE: August 26, 2013
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby P.E., Director of Public Works
SUBJECT: OCEAN AVENUE ALLEY WATERLINE AND SEWER
REPLACEMENTS PROJECT NO. VVT1401 AWARD
CONSTRUCTION
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6401:
1. Approving the plans and specifications for the Ocean Avenue Alley
Waterline and Sewer Replacements Project No. WT1401 from 1st Street to
6th Street;
2. Awarding a construction contract to Charles King Co., Inc. in the amount
of $944,825;
3. Awarding an agreement to Anderson Penna Partners, Inc. for engineering
construction support services in the amount of $4,960;
4. Authorizing the City Manager to execute the contract/agreement and
approve contract changes in the amount not exceed $94,500; and
5. Approving expenditures of up to $55,000 for inspections and materials
testing.
BACKGROUND AND ANALYSIS:
The 2003 Water Master Plan identified areas throughout the City for water main
replacements due to aging equipment. The 2005 Sewer System Master Plan
identified sewer system deficiencies that require pipes to be upsized to increase
capacity. The Water Master Plan and Sewer System Master Plan both identified
an area in Old Town, specifically the alley north of Ocean Avenue between 14th
Street and 1st Street, where the pipes are aged, deteriorating, and deficient in
capacity. Construction on the alley north of Ocean Avenue from 14th Street to 6th
Street was completed in FY 11/12 and FY 12/13.
Agenda Item
The asphalt alley north of Ocean Avenue between 1st Street and 6th Street has
existing 4-inch, 6-inch, and 8-inch water mains and 6-inch gravity sewer mains.
The proposed project will replace both water and sewer lines. The water pipe will
be replaced with an 8-inch PVC pipe, upgraded water meters, and add fire
hydrants. The sewer pipe will also be replaced with 8-inch PVC pipe. Lastly, this
project will rehabilitate the alley pavement with a new concrete surface.
The fee for Anderson Penna Partners will provide engineering construction
assistance, review submittals, and shop drawings. Anderson Penna Partners,
Inc. is the engineering consultant firm who prepared the construction drawings
and specifications for the Ocean Avenue Alley Waterline and Sewer
Replacements Project No. WT1401 from 1st Street to Main Street.
On August 13, 2013, the City Clerk's office received 7 bids with the following
results:
Rank Contractor Bid
1 Charles King Company, Inc $ 944,825.00
2 GRFCo, Inc $ 977,750.00
3 Stephen Doreck Equipment Rentals, Inc $ 1,003,705.00
4 Lonerock, Inc $ 1,085,050.00
5 Mike Bubalo $ 1,311,200.00
6 Big Ben, Inc $ 1,375,155.00
7 Mocon Corporation $ 1,539,455.00
Based upon the references, qualifications, work experience, and cost; staff
recommends awarding to the lowest responsible bidder, Charles King Co., Inc. in
the amount of $944,825. Charles King Co., Inc. has completed other projects in
the City and received recognition from Council for their excellent performance.
ENVIRONMENTAL REVIEW:
Pursuant to 14 California Code of Regs. Section 15303, the City has determined
that this project is categorically exempt under the California Environmental
Quality Act (CEQA) Section 15301(b), Class 1 and Section 15302(c) Class 2.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The project was approved in the FY 2013/14 adopted budget $600,000 in the
Water Capital Fund and $600,000 in the Sewer Captial Fund for a total of
$1,200,000. The construction contract is $944,825 with Charles King Co., Inc.
Page 2
An anticipated breakdown of funds needed to complete this project are as
follows:
Description Amount
Engineering Construction Support $ 4,960.00
Construction (Award) $ 944,825.00
Contingency $ 94,500.00
Material/Testing $ 20,000.00
Inspection (Casulas Construction Services) $ 35,000.00
Total $ 1,099,285.00
RECOMMENDATION:
That the City Council adopt Resolution No. 6401:
1. Approving the plans and specifications for the Ocean Avenue Alley
Waterline and Sewer Replacements Project No. WT1401 from 1st Street to
6th Street;
2. Awarding a construction contract to Charles King Co., Inc. in the amount
of $944,825;
3. Awarding an agreement to Anderson Penna Partners, Inc. for engineering
construction support services in the amount of $4,960;
4. Authorizing the City Manager to execute the contract/agreement and
approve contract changes in the amount not exceed $94,500; and
5. Approving expenditures of up to $55,000 for inspections and materials
testing.
SUBMITTED BY:
/
12 -.0d Lill
Sean P. Crum•y—, P.E.
Director of Public Works
NOTED AND APPROVED:
Prepared by: Cesar Rangel, Assistant Engineer
Attachments:
A. Resolution No. 6401
B. Agreement — Charles King Co., Inc.
C. Agreement—Anderson Penna Partners, Inc.
Page 3
Ingram, City a ager
RESOLUTION NUMBER 6401
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING THE CONSTRUCTION CONTRACT FOR OCEAN
AVENUE ALLEY WATERLINE AND SEWER REPLACEMENT
PROJECT NO. WT1401 FROM 1ST STREET TO 6TH STREET
AND AN AGREEMENT FOR PROFESSIONAL SERVICES
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby approves the plans and specifications for
the Ocean Avenue Alley Waterline and Sewer Replacements Project No.
WT1401 from 15` Street to 6`h Street dated July 29, 2013 (the "Project ").
SECTION 2. The City Council hereby awards a contract for the Project to
Charles King Co., Inc. in the amount of $944,825.
SECTION 3. The City Council hereby approves an agreement between the City
and Anderson Penna Partners, Inc. for engineering construction support services
in the amount of $4,960.
SECTION 4. The City Council hereby authorizes and directs the City Manager to
execute the contract and agreement on behalf of the City.
SECTION 5. The City Council hereby authorizes the City Manager to approve
payments for additional work requests in connection with the Project in the
cumulative amount of $94,500.
SECTION 6. The City Council hereby authorizes expenditures not to exceed
$55,000 for inspection and materials testing in connection with the Project.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 26th day of August , 2013 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6401 on file
in the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 26th day of August, 2013.
City Clerk
PUBLIC WORKS AGREEMENT
FOR OCEAN AVENUE ALLEY WATERLINE AND
SEWER REPLACEMENTS PROJECT
FROM 1ST TO 6TH STREET
CIP NO. WT1401
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Charles King Company
2841 Gardena Avenue
Signal Hill, CA 90755
(562) 426 -2974
(562) 426 -9714 - FAX
THIS AGREEMENT is made as of August 26, 2013, by and between the City of Seal
Beach, a California charter city ( "City "), and Charles King Company, a General
Contractor ( "Contractor").
1 of 9
RECITALS
A. WHEREAS, the City Council has ap the plans and specifications for
the Ocean Avenue AIIey Waterline and Sewer Replacements Project No.VVT14O1 from
1 u 6th Street to " Stneet ("Project") with respect to design criteria; and
B. WHEREAS, Contractor has submitted a bid to City for the Project dated
August 13, 2013 in the amount of $944.825.00 ("Accepted Proposal'' hereinafter). The
Accepted Proposal is attached hereto as Exhibit G and contains, among other things,
provisions defining the P 'eCt scope.
N{}VV. THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
AGREEMENT
1 Contractor's Services.
1.1 Scope and Level of Services. For and in consideration of the
mutual promises set forth herein, and subject to the terms and conditions set forth in
this Agreement, Contractor shall perform and complete in good and workmanlike
manner all work ("Work") required by this Agreement and the documents listed in
Subsection 1.2 for the Froject.
1.2 Contract Documents. The "Contract Documents" that comprise the
agreement between the City and the Contractor are the: Notice Inviting Bids,
Instructions to Bidders, Accepted Proposa|, Non-Collusion Affidovit, Bid SChedu|e(s),
List of SUbCOntn]ctO[3, 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 /\gneement. Exhibits attached to this AQreanneOt, 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 Pena and Civil Penalties Concerning Contractor Licensing Laws
(Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any
and all supplemental agreements executed amending or extending the Work
contemplated and that may be required to complete the Work in a substantial and
acceptable manner. These Contract Documents are hereby incorporated into this
Agreement.
1.3 The Work shall be performed in accordance with the Plans,
Specifications and other Contract Documents. Contractor shall furnish at its own
expense all |8bor, nnateria|s, equipment and services necessary therefor, except such
labor, metSri8|s, equipment and services as are specified in the Contract Documents to
be furnished by City.
1.4 In the event of any material discrepancy between the express
provisions of this Agreement and the provisions of the other Contract Documents, the
provisions of this Agreement shall prevail.
2. Effective Date. This Agreement is effective as of August 26, 2013 (the
"Effective Date "), and shall remain in full force and effect until Contractor has rendered
the services required by this Agreement.
3. Payment. For performing and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the
amount of $944,825.00, 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. City shall make payments to
Contractor on account of the contract sum at the time, in the manner, and upon the
conditions specified in the Contract Documents. The City Manger may authorize extra
work to fund unforeseen conditions up to the amount approved at the time of award by
the City Council. Payment for additional work in excess of this amount requires prior
City Council authorization
4. Contractor's Personnel.
4.1 All Work shall be performed by Contractor or under Contractor's
direct supervision, and all personnel shall possess the qualifications, permits, and
licenses required by state and local law and by the Notice Inviting Bids /Instructions to
Bidders to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code.
4.2 Contractor shall be responsible for payment of all employees'
wages and benefits, and shall comply with all requirements pertaining to employer's
liability, workers' compensation, unemployment insurance, and Social Security.
Contractor shall fully comply with the workers' compensation law regarding Contractor
and Contractor's employees.
4.3 Contractor shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents serving as
independent contractors in the role of city officials, from any and all liabilities, damages,
claims, costs and expenses of any nature to the extent arising from Contractor's alleged
violations of personnel practices.
4.4 Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its
agents shall have control over the conduct of Contractor or any of Contractor's
employees, except as set forth in this Agreement. Contractor shall not, at any time, or
3 of 9
in any manner, represent that it or any of its officers, agents, or employees are in any
manner employees of City. Contractor shall pay all required taxes on amounts paid to
Contractor under this AOreerneOt, and iOdenlnif« and hold City harmless from any and
all taxes, assessments, penalties, and interest asserted against City by reason of the
work performed pursuant to this Agreement.
4.5 City shall have the right to offset against the amount of any fees
due to Contractor under this Agreement any amount due to City from Contractor as a
result of Contractor's failure to promptly pay to City any reimbursement or
indemnification arising under this Section 4.
5. Indemnification.
5.1 Contractor's Duty, Contractor shall defend, indemnify, and hold the
Cib/, its elected Officia|8. OfOcenS, ennp|Oyees, vn|unteerS, agents, and those City agents
serving as independent contractors in the role of City officials (collectively
"Indemnitees") free and harmless from and against any and all claims (including, without
limitation, claims for bodily injury, death or damage to property), demands, ObligGtiOn3,
darn@geS, aotionG, causes of action, suits, losses, bid protests, stop notices, judgments,
fines, penalties, |iabUides, costs and expenses (including, without limitation, attorney's
fe83, 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 li[Dit@UDn, the payment of all
consequential damages and attorneys' fees and other related costs and expenses.
Further, Contractor shall appoint competent defense counsel, at Contractor's own m]St,
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 |Od8mnitee8. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City or the other Indemnitees
in any such suit, action, or other legal proceeding arising out of or incident to the
performance of the Agreement. Contractor shall reimburse the City and the other
|ndemnitees, 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 |ndernnitees. This indemnity shall apply 10 all Claims and liability
regardless of whether any insurance policies are applicable.
5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1,
Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in
connection with, arising out of or incident to any bid pnqbast.
5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed
to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent
arising from the sole negligence or willful misconduct of the Indemnitees.
5.4 Nonwaive[OfRights. Indemnitees do not, and shall not, waive any
rights that they may possess against Contractor because of the acceptance by City, or
the deposit with City, of any insurance policy or certificate required pursuant to this
Agreement.
5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and
all parties claiming under or through it, hereby waives all rights of subrogation against
the Indemnitees, while acting within the scope of their duties, from all claims, losses,
and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indernnitor.
5.6 Survival. The provisions of this Section 5 shall survive the
termination of the Agreement and are in addition to any other rights or remedies that
Indemnitees may have under the law. Payment is not required as a condition precedent
to an Indemnitee's right to recover under this indemnity provision, and an entry of
judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to
recover under this indemnity provision.
6. Insurance.
6.1 Liability Insurance. Contractor shall procure and maintain in full
force and effect for the duration of this Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Contractor, and its agents, representatives,
employees and subcontractors. The policy limits set forth below do not act as a
limitation upon the amount of indemnification to be provided by Contractor. Contractor
shall complete and execute the following documents attached as Exhibits hereto and
incorporated herein by this reference:
6.1.1 Exhibit D-1: Additional Insured Endorsement -
Commercial General Liability.
Automobile Liability.
6.1.2 Exhibit D-2: Additional Insured Endorsement -
6.1.3 Exhibit D-3: Additional Insured Endorsement.
6.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
6.2.3 Insurance Services Office form number CG 20 10 11 85
(Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B).
5 of 9
6.2.4 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
6.2.5 Professional Liability insurance, Unless the City waives in
the requirement for professional liability insurance, Contractor shall provide to City the
standard form issued by the carrier.
6.3 Minimum Limits of Insurance. Contractor shall maintain limits no
less than:
6.3.1 General Liability: $2,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit shall apply separately to
this Agreement or the general limit shall be twice the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily
injury and property damage.
6.3.3 Employer's Liability: $1,000,000 per occurrence and in
the aggregate for bodily injury or disease and Workers' Compensation Insurance in the
amount required by law.
6.4 Deductibles and Self-Insured Retentions. Contractor shall inform
City of any deductibles or self-insured retentions except with respect to any professional
liability insurance.
6.5 Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
6.5.1 City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City officials,
are to be covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of Contractor; products and completed operations of
Contractor; premises owned, occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shaII contain no limitations on
the scope of protection afforded to City, its officers, officials, employees, designated
volunteers or agents serving as independent contractors in the role of City officials
which are not also limitations applicable to the named insured.
6.5.2 For any claims related to this Agreement, Contractor's
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, designated volunteers and agents serving as independent contractors in the
role of City officials. Any insurance or self-insurance maintained by City, their officers,
officials, employees, designated volunteers or agents serving as independent
contractors in the role of City officials shall be excess of Contractor's insurance and
shall not contribute with it.
6 of 9
6.5.3 Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
6.5.4 Each insurance policy required by this Section 6 shall be
endorsed to state that coverage shall not be canceled or materially modified except
after 30 days prior written notice by first class mail has been given to City.
6.5.5 Each insurance policy, except for any professional
liability policy, required by this Section 6 shall expressly waive the insurer's right of
subrogation against City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors in the
role of city or agency officials.
6.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:Vili unless waived in writing by City's
Risk Manager.
6.7 Verification of Coverage. All insurance coverages shall be
confirmed by execution of endorsements on forms approved by the City. The
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All endorsements are to be received and approved by City before
services commence. As an alternative to City forms, Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
7. Liquidated Damages. Should the Contractor fail to complete the project,
or any part thereof, in the time agreed upon in the Contract, the Contractor shall
reimburse the City for the additional expense and damage for each calendar day that
the Contract remains uncompleted after the Contract completion date. It is agreed that
the amount of such additional expense and damage incurred by reason of failure to
complete the Contract is the per diem rate of $2,000.00 per calendar day. Such amount
is hereby agreed upon as liquidated damages for the loss to the City resulting from the
failure of the Contractor to complete the project within the allotted time and to the value
of the operation of the works dependent thereon. It is expressly understood and agreed
that this amount is a reasonable amount and is established in lieu of damages that are
incapable of calculation at the inception hereof; and this amount is not to be considered
in the nature of a penalty. The City shall have the right to deduct such damages from
any amount due, or that may become due to the Contractor, or the amount of such
damages shall be due and collectible from the Contractor or the Contractor's Surety.
Progress payments made after the scheduled completion date shall not constitute a
waiver of liquidated damages.
8. Suspension. City may, in writing, order Contractor to suspend all or any
part of the Contractor's Services for the convenience of City or for work stoppages
beyond the control of City or Contractor. A suspension of the Services does not void
this Agreement.
7 of 9
9. Notices. Any notices, bills, invoices, or reports authorized or required by
this Agreement shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during Contractor's and City's
regular business hours or by facsimile before or during Contractor's regular business
hours; or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses heretofore set forth in the Agreement, or to such
other addresses as the parties may, from time to time, designate in writing pursuant to
the provisions of this Section. All notices shall be addressed as follows:
If to City:
If to Contractor:
City Clerk
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:
Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Charles King Company
2841 Gardena Avenue
Signal Hill, CA 90755
Telephone: (562) 426-2974
Fax: (562) 426-9714
Attn: Debra King
10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer,
or subcontract any interest in this Agreement or the performance of any of Contractor's
obligations hereunder, Any attempt by Contractor to so assign, transfer, or subcontract
any rights, duties, or obligations arising hereunder shall be null, void and of no effect.
11. Compliance with Laws. Contractor shall comply with all applicable federal,
state and local laws, ordinances, codes and regulations in force at the time Contractor
performs the Services,
12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Contractor constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Contractor, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
8 of 9
13. Attorneys Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including all attorneys' fees incurred in connection therewith.
14. Construction. The validity, interpretation, and performance of this
Agreement shall be controlled by and construed under the laws of the State of
California. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
15. Entire Agreement. This Agreement, including any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Contractor and City. This Agreement supersedes all prior oral or
written negotiations, representations, or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement.
16. Severability. The invalidity in whole or in part of any provisions of this
Agreement shall not void or affect the validity of the other provisions of this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH
By:
Jill R. Ingram, City Manager
Attest:
By:
Linda Devine, City Clerk
Approved as to Form:
By:
Quinn M. Barrow, City Attorney
9 of 9
CONTRACTOR:
By:
Name: Debra King
Title: President
Name:
Title:
EXHIBIT A
FAITHFUL PERFORMANCE BOND
EXHIBIT B
PAYMENT BOND
EXHIBIT C
WORKERS' COMPENSATION INSURANCE CERTIFICATE
EXHIBIT 0-1
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.)
PROFESSIONAL SERVICES AGREEMENT
FOR OCEAN AVENUE ALLEY
WATERLINE AND SEWER REPLACEMENTS
PROJECT NO. WT1401
FROM 1ST STREET TO 6r" STREET
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Anderson Penna Partners Inc.
20280 Acacia Street, Suite 100
Newport Beach, CA 92660
(949) 371 -7979
This Professional Service Agreement ( "the Agreement ") is made as of August 26, 2013
(the "Effective Date "), by and between Anderson Penna Partners, Inc. ( "Consultant ")
and the City of Seal Beach ( "City "), a California charter city, (collectively, the Parties ").
RECITALS
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City with such
services.
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 City.
1.3. In performing this Agreement, Consultant shall comply with all
applicable provisions of federal, state, and local law.
1.4. Consultant will not be compensated for any work performed not
specified in the Scope of Services unless the City authorizes such work in
advance and in writing. The City Manger may authorize extra work to fund
unforeseen conditions up to the amount approved at the time of award by the
City Council. Payment for additional work in excess of this amount requires prior
City Council authorization.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and shall
continue for a term of 2 years unless previously terminated as provided by this
Agreement.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the hourly rates shown on the fee
schedule set forth in Exhibit A for Services but in no event will the City pay more
than $4,960.00. Any additional work authorized by the City pursuant to Section
2 of 9
S7296-0001 \1236808v1.doc
1.4 will be compensated in accordance with the fee schedule set forth in Exhibit
B.
4.0 Method of Payment
4.1. Consultant shall submit to City 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. City will pay Consultant within 30 days of receiving
Consultant's invoice. City 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 City, Consultant shall allow City or City'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. City'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 City, 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 City 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 City Manager is the City's representative for purposes of this
Agreement.
6.2. Lisa M. Penna, P.E. 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
3 of 9
S7296-0001 \ 1236808v1Aoc
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
To City:
To Consultant:
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
Anderson Penna Partners, Inc.
20280 Acacia Street, Suite 100
Newport Beach, CA 92660
Attn: Lisa M. Penna, P.E.
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 City. 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 City 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 ail 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.
8.2. Consultant shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all
liability, damages, claims, costs and expenses of any nature to the extent arising
from Consultant's personnel practices. City shall have the right to offset against
the amount of any fees due to Consultant under this Agreement any amount due
to City from Consultant as a result of Consultant's failure to promptly pay to City
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 City. Consultant is fully responsible to City for the performance of
any and all subcontractors.
4 of 9
57296-0001112368080.doc
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 City. 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 City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. 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 City if
requested. All certificates and endorsements shall be received and approved by
the City before work commences. The City 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 ANIII, 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 City, (3) Professional Liability. Consultant
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
City 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 City; (2) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect
5 of 9
S7296-000111236808v1.doc
coverage provided to the City, its directors, officials, officers, (3) coverage shall
be primary insurance as respects the City, 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 City, 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 City, 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 City, 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 City, 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 City,
either: (1) the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, 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.
12.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant shall defend, indemnify, and hold the City, its officials, officers,
employees, volunteers and agents serving as independent contractors in the role
of 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 City and its directors, officials, officers,
6 of 9
S7296-000111236808v1,doc
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 City, 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.
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.
7 of 9
57296-000111236808v1.doc
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 City 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,
percentage, or any other consideration contingent upon the execution of this
Agreement. Upon any breach or violation of this warranty, City 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 City 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 City, 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,
8 of 9
57296-0001 1236808v1.doc
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.
CITY OF SEAL BEACH CONSULTANT
By:
Attest:
By:
Jill R. Ingram, City Manager
Linda Devine, City Clerk
Approved as to Form:
By:
Quinn Barrow, City Attorney
57296-0001112368080 doc
By:
Name:
Its:
By:
Name:
Its: C_-4o
&34-
ec71
9 of 9
Exhibit A
ANDERSON•PENNA
'pAnrwcnS IN PROJECT DELIVERY ^
August 8, 2013
Mr. Cesar Rangel
City of Seal Beach, Departrnent of Public Works
211 Eighth Street
Seal Beach, CA 90740
Re: Proposal to Provide Construction Support Services to the City of Seal Beach for Phase 11 of the
Ocean Avenue Alley, Waterline and Sewer Replacement Project from 1st Street to 6th Street
Dear Cesar:
Per your request, please find herein the scope of work and fee estimate to provide construction support
services for the subject project.
In conjunction with Phase 11 ofthe Ocean AIIey improvements (lst Street to 6th Street), APP will provide
construction support services to the City, similar to the services we provided for Phase | of the Ocean
Alley Improvements (Main Street to 6th Street).
Scope of Work
APP will assist the City with the foliowing services:
• Provide clarification of contract documents, as necessary, during the construction phase.
�
Review submittals, shop drawing, and material certifications, as requested.
*
Provide engineering assistance related to change order work initiated by the City, as requested.
�
Prepare "Record" drawings from construction period red-lines by the inspector and contractor
on Mylar.
Fee
Our fee for the scope of work above 15 broken down as foliows:
Submittal Reviews, shop drawings, etc. $1,880
Engineering during construction $ 880
Prepare "Record drawings $2,200
Total $4,960
If you have any questions or need any additional information, please calI.
Sincerely,
AndersonPenna Partners, Inc.
Matt Stepien
Project Manager
20280 ACACIA STREET, SUITE 100 • NEWPORT BEACH, CA 92660 vvvvv,.^worsw.cow
PHN e49 42e 1500 • FAX 949 256 5053 CERTIFIED UDBE
��Y������� �T ������
�� ��� K �K~ 8�-�/& ���J " �~ K~ ��� ��� ��
� �^ ""^� ��� =�� ~~~� " " �~^ "� �� �
`pAnrwEns IN PROJECT DELIVERY ^
AndersonPenna Partners, Inc.
July 1,201Z- June 3N2014
Standard Billing Rate Schedule
Engineering Services
� �
��r ��� � ������� B ���� �� � � � �_� � NL
Staff
Hourly Rate
Principal
$180
Senior Project Manager
$150
Project Manager
$130
Senior Engineer
130
Project Engineer
$120
Design Engineer
$100
Engineering Aid
$85
CAD Drafter
$85
Administration
$70
Other Direct Costs: Reimbursement of identifiable non-salary costs that are directly attributable to the project
such as oversized and/or color reproduction costs, non-commuter project miles and/or other project-related travel
expenses overnight postage / couriers, etc., are billed at actual cost plus 5 percent to cover overhead and
administration. Non-commuting mileage required for travel on the project and to and from locations other than
the project site are billed at the allowable IRS mileage reimbursement rate (currently $0.565 per mile).
Fees tor expert witness services: Charged at $300.00 per hour with a4'hour minimum per day.
Fees for subconsultant services: BiIIed at actual cost plus 10 percent to cover overhead and administration,
Payment Terms: A\aoe payment finance charge at a rate of 12 percent per annum will be applied to any unpaid
balance commencing 30 days after the date of original invoice. This rate schedule is effective through June 30,
2014. Should the Contract duration be extended beyond June, 2014` rates will be subject to annual and/or
periodic revisions as necessary to accommodate inflationary trends, salary adjustments and the general costs of
business, as mutually agreeable to the parties and approved via Contract amendment prior to implementing higher
rates,
Exclusions to Scope & Fee: The following items are specifically excluded:
• Legal advice
• remporary field office facilities, equipment, furniture, utilities and/or services
• Building Code Inspection, Soils and/or materials deputy inspection and/or testing
• Specialized Software (other than MS Offlce Suite) & MS Project
�
Additional services not specifically called for in the scope of services
20280 Au��a,Stru��SuA:4m100 , /J GA 92660
PAN9494281f00" FAX 9492585053