HomeMy WebLinkAboutCC AG PKT 2014-01-27 #G AGENDA STAFF REPORT
DATE: January 27, 2013
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby P.E., Director of Public Works
SUBJECT: 8TH STREET SEWAGE PUMP STATION PROJECT NO
SS0901-3 — AWARD CONSTRUCTION
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6433:
1. Approving the plans and specifications for the 81h Street Sewage Pump
Station Project No. SS0901-3;
2. Rejecting the apparent 1st and 2nd low bids as both have requested to be
removed from their bids;
3. Awarding a construction contract to Charles King Co. in the amount of
$1,999,170;
4. Authorizing expenditures of up to $40,000 for construction support
services (inspection) to Casulas Construction Services; and
5. Authorizing the City Manager to execute the contract/agreement and
approve contract changes in the amount not exceed $200,000.
BACKGROUND AND ANALYSIS:
The 8th Street Pump Station is a sewer pump station which was constructed in
the 1920's. It handles sewer flows from the Pier, the Gold Coast and along Seal
Way. Per the City's 2005 Sewer Master Plan, the 8th Street Pump Station was
found to be deficient and needed to be rehabilitated. The Station has been
operating below its rated capacity and therefore has reached the end of its
usefulness.
The City received proposals from AKM Consulting Engineers and Civiltec
Engineering, Inc. for the design of the 8th Street Pump Station and AKM
Consulting Engineers was selected to provide construction drawings and
specifications for the 8th Street Sewage Pump Station Project No SS0901-3. The
Agenda Item Q
Plans and Specifications have been completed and the City has advertised for
bids.
On December 12, 2013, the City Clerk's office received 6 bids with the following
results:
Rank Contractor Bid
1 Optima RPM, Inc. $ 1,847,905.00
2 Environmental Construction, Inc. $ 1,989,244.30
3 Charles King Co., Inc. $ 1,999,170.00
4 Minako America Corp. $ 2,780,500.00
5 Mike Bubalo Construction $ 2,893,750.00
6 Clarke Contracting Corp. $ 2,950,875.00
On December 17, 2013, Optima RPM, Inc. sent a letter to the City of Seal Beach
(attached) asking for Relief of Bid due to a clerical error (letter attached). The
bidder may be relieved of their bid should they establish that a mistake was
made. The mistake made the bid materially different than he or she intended it to
be, and the mistake was made in completing the bid and not due to error in
judgment or to carelessness in inspecting the site of the work or in reading the
plans or specifications. Shortly thereafter, on December 20, 2013, the second
apparent low bidder, Environmental Construction, Inc. submitted an email to the
City also requesting Relief of Bid due to a clerical error (email attached).
Further discussions with both firms revealed that they potentially possess less
than optimum work experience in bidding and constructing sewer pump stations.
Meanwhile, the 3rd bidder, Charles King Co, has an impressive resume in sewer
infrastructure improvements and has constructed several capital improvement
projects with the City of Seal Beach to great success in the recent past.
After consulting with the City Attorney's office, it is recommended that Optima
RPM, Inc. and Environmental Construction, Inc. be relieved of their bids due to
the mistakes noted and their bid bonds be returned in full.
Based upon the references, qualifications, work experience and cost, staff
recommends awarding a construction contract to Charles King Co. as the lowest
responsible bidder at $1,999,170. The bid of Charles King Co. is below the
Engineers Estimate of $2.4 million. As is customary, it is recommended that the
Council authorize the City Manager to approve contract changes for up to
approximately 10% of the award ($200,000) for unforeseen conditions and
change orders.
The City Attorney's office has approved the construction agreement to be used
for this project. The contractor has signed the agreement and it is included in
this staff report. Exhibits to that agreement, including bonds and insurance
documents will be provided to the City after award of contract.
Page 2
In addition, staff seeks authority to expend up to $40,000 for construction support
(inspection). The firm of Casulas Construction Services provides to the City,
public works inspection services at an hourly rate of $65.00 pursuant to a
professional services agreement. "Construction support services" (often referred
to as inspection) are necessary for making sure that the Contractor builds the
project in accordance with the plans and specifications while following all
applicable rules and regulations. The inspector is on the job site every day
during the construction of the project.
ENVIRONMENTAL REVIEW:
On March 26, 2009, the Initial Study/Mitigated Negative Declaration was
approved. This project complies with all requirements of the California
Environmental Quality Act (CEQA).
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The project was approved in the FY 2013/14 adopted budget $2,500,000 in the
Sewer Captial Fund. The construction contract is $1,999,170 with Charles King
Company, Inc. An anticipated breakdown of funds needed to complete this
project are as follows:
Description Amount
Engineering Construction Support $ 50,000
Construction (Award) $ 1,999,170
Contingency $ 200,000
Material/Testing $ 15,000
Inspection (Casulas Construction Services) $ 40,000
Total $ 2,304,170
RECOMMENDATION:
That the City Council adopt Resolution No. 6433:
1. Approving the plans and specifications for the 8th Street Sewage Pump
Station Project No. SS0901-3;
2. Rejecting the apparent 1st and 2nd low bids as both have requested to be
removed from their bids;
3. Awarding a construction contract to Charles King Co. in the amount of
$1,999,170;
Page 3
4. Authorizing expenditures of up to $40,000 for construction support
services (inspection) to Casulas Construction Services; and
5. Authorizing the City Manager to execute the contract/agreement and
approve contract changes in the amount not exceed $200,000.
SUBMITTED BY: NOTED AND APPROVED:
Sean Cruffi`5y�, P.E. Ingrain,_�it4.�a>ager
Director of Public Works
Prepared by: David Spitz, Associate Engineer
Attachments:
A. Resolution No. 6433
B. Agreement-Charles King Company, Inc.
C. Withdrawel Letter-Optima RPM, inc.
D. Withdrawel Email-Environmental Construction, Inc.
Page 4
RESOLUTION NUMBER 6433
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING THE CONSTRUCTION CONTRACT FOR 8th
STREET SEWAGE PUMP STATION PROJECT NO. SS0901-3
WHEREAS, the City of Seal Beach is proposing the proposed 8th Street Sewage
Pump Station Project No SS0901-3; and
WHEREAS, staff recommends selecting Charles King Company as the lowest
responsible and responsive bidder.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
SECTION 1. The Council hereby approves the plans and specifications for the
8th Street Sewage Pump Station Project No. SS0901-3;
SECTION 2. The Council hereby rejects the bids withdrawn by Optima RPM,
Inc.. and Environmental Construction and awards a contract in the amount of
$1,999,170 to Charles King Company for the 8th Street Sewage Pump Station
Project No SS0901-3.
SECTION 3. The Council hereby directs the City Manager to execute the
contract for the 8th Street Sewage Pump Station Project No SS0901-3.
SECTION 4. 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$200,000.
SECTION 5. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 27th day of January , 2014 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 6433 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 27th day of Januarv, 2014.
City Clerk
AGREEMENT FOR
8th STREET SEWAGE PUMP STATION
PROJECT NO SS0901 -3
between
ak SEAL
PO
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27,
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City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
and
Charles King Company, Inc.
2841 Gardena Avenue
Signal Hill, CA 90755
(562) 426-2974
THIS AGREEMENT is made and entered into this 27th day of January, 2014, by and
between the City of Seal Beach, a California charter city ("City"), and Charles King
Company, Inc., a Corporation ("Contractor").
Page 1 of 9
RECITALS
WHEREAS, the City Council has approved the plans and specifications for the
8th Street Sewage Pump Station Project No. SS0901-3 ("Project") with respect to
design criteria; and
WHEREAS, Contractor has submitted a bid to City for the Project dated
December 12, 2013 in the amount of $1,999,170.00 ("Accepted Proposal"
hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains,
among other things, provisions defining the Project scope.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto
agree as follows:
AGREEMENT
1 Contractor's Services,
1.1 Scope and Level of Services. For and in consideration of the
mutual promises set forth herein, and subject to the terms and conditions set forth in
this Agreement, Contractor shall perform and complete in good and workmanlike
manner all work ("Work") required by this Agreement and the documents listed in
Subsection 1.2 for the Project.
1.2 Contract Documents. The "Contract Documents" that comprise
this Agreement between City and Contractor are the: Notice Inviting Bids,
Instructions to Bidders, Accepted Proposal, Non-Collusion Affidavit, Bid Schedule(s),
List of Subcontractors, Contractor's Industrial Safety Record, Contractor's
Qualification Statement, Bid Security Forms for Check or Bond, Specifications,
General and Special Provisions and documents referenced therein, all addenda as
prepared prior to the date of bid opening setting forth any modifications or
interpretations of any of said documents, this Agreement, Exhibits attached to this
Agreement, including but not limited to the Performance Bond (Exhibit A), Payment
Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance
Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning
Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F),
Accepted Proposal (Exhibit G) and any and all supplemental agreements executed
amending or extending the Work contemplated and that may be required to complete
the Work in a substantial and acceptable manner. These Contract Documents are
hereby incorporated into this Agreement.
1.3 The Work shall be performed in accordance with the Plans,
Specifications and other Contract Documents, Contractor shall furnish at its own
expense all labor, materials, equipment and services necessary therefor, except such
labor, materials, equipment and services as are specified in the Contract Documents
to be furnished by City.
Page 2 of 9
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 January 27, 2014 (the
"Effective Date") and shall remain in full force and effect until Contractor has
rendered the services required by this Agreement.
3. Payment. For performing and completing -the Work in accordance with
the Contract Documents, City shall pay Contractor, in full compensation therefor, the
amount of $1,999,170.00, 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,
Page 3 of 9
or in any manner, represent that it or any of its officers, agents, or employees are in
any manner employees of City. Contractor shall pay all required taxes on amounts
paid to Contractor under this Agreement, and indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by
reason of the work performed pursuant to this Agreement.
4.5 City shall have the right to offset against the amount of any fees
due to Contractor under this Agreement any amount due to City from Contractor as a
result of Contractor's failure to promptly pay to City any reimbursement or
indemnification arising under this Section 4.
5. Indemnification.
5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold
the City, its elected officials, officers, employees, volunteers, agents, and those City
agents serving as independent contractors in the role of City officials-(collectively
"Indemnitees") free and harmless from and against any and all claims (including,
without limitation, claims for bodily injury, death or damage to property), demands,
obligations, damages, actions, causes of action, suits, losses, bid protests, stop
notices, judgments, fines, penalties, liabilities, costs and expenses (including, without
limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a "Claim," collectively, "Claims"), in any manner arising out
of or incident to the performance of this Agreement, including without limitation, the
payment of all consequential damages and attorneys' fees and other related costs
and expenses. Further, Contractor shall appoint competent defense counsel, at
Contractor's own cost, expense and risk, to defend any and all such suits, actions or
other legal proceedings of every kind arising out of or incident to the performance of
this Agreement that may be brought or instituted against Indemnitees. Contractor
shall pay and satisfy any judgment, award or decree that may be rendered against
City or the other Indemnitees in any such suit, action, or other legal proceeding
arising out of or incident to the performance of this Agreement. Contractor shall
reimburse City and the other Indemnitees, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Contractor's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply
to all Claims and liability regardless of whether any insurance policies are applicable.
5.2 Bid Protests. In addition to its obligations pursuant to
Section 5.1, Contractor shall reimburse City for all attorneys' fees and costs incurred
by City in connection with, arising out of or incident to any bid protest.
5.3 City's Sole Negligence. Nothing in Section 5.1 shall be
construed to require Contractor to indemnify Indemnitees for that portion of any Claim
to the -extent arising from the sole negligence or willful misconduct of the
Indemnitees.
Page 4 of 9
5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive
any rights that they may possess against Contractor because of the acceptance by
City, or the deposit with City, of any insurance policy or certificate required pursuant
to this Agreement.
5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself
and all parties claiming under or through it, hereby waives all rights of subrogation
against the Indemnitees, while acting within the scope of their duties, from all claims,
losses, and liabilities arising out of or incident to activities or operations performed by
or on behalf of the Indemnitor.
5.6 Survival. The provisions of this Section 5 shall survive the
termination of this 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 Contractor shall be conclusive in favor of the Indemnitee's
right to recover under this indemnity provision,
6. Insurance.
6.1 Liability Insurance. Contractor shall procure and maintain in full
force and effect for the duration of this Agreement insurance against claims for
injuries to persons or damages to property which may arise from or in connection
with the performance of the services hereunder by Contractor, and its agents,
representatives, employees and subcontractors. The policy limits set forth below do
not act as a limitation upon the amount of indemnification to be provided by
Contractor. Contractor shall complete and execute the following documents attached
as Exhibits hereto and incorporated herein by this reference: -
6.1.1 Exhibit D-1: Additional Insured Endorsement -
Commercial General Liability.
6.1.2 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
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.
1187) covering Automobile Liability, code 1 (any auto).
Page 5 of 9
6.2.3 Insurance Services Office form number CG 20 10 11
85 (Ed. 11185) covering Additional Insured—Owners, Lessees or Contactors (Form
B).
6.2.4 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
6.3 Minimum Limits of Insurance. Contractor shall maintain limits no
less than:
6.3.1 General Liability: $2,000,000 per occurrence and in
the aggregate for bodily injury, personal injury and property damage. Commercial
General Liability Insurance or other form with a general aggregate limit shall apply
separately to this Agreement or the general limit shall be twice the required
occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence for
bodily injury and property damage.
6.3.3 Employer's Liability: $1,000,000 per occurrence and
in the aggregate for bodily injury or disease and Workers' Compensation Insurance in
the amount required by law.
6.4 Deductibles and Self-insured Retentions. Contractor shall inform
City of any deductibles or self-insured retentions except with respect to any
professional liability insurance.
6.5 Other Insurance Provisions. The.general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions.-
6.5.1 City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City officials,
are to be covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of Contractor; products and completed operations of
Contractor; premises owned, occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shall contain no limitations
on the scope of protection afforded to City, its officers, officials, employees,
designated volunteers or agents serving as independent contractors in the role of
City officials which are not also limitations applicable to the named insured.
6.5.2 For any claims related to this Agreement, Contractor's
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, designated volunteers and agents serving as independent contractors in
the role of City officials. Any insurance or self-insurance maintained by City, its
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.
Page 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:VllI 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 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 Contractor fail to complete the project, or
any part thereof, in the time agreed upon in this Agreement, Contractor shall
reimburse City for the additional expense and damage for each calendar day that the
Project remains uncompleted after the Project completion date. It is agreed that the
amount of such additional expense and damage incurred by reason of failure to
complete the Project is the per them rate of $750.00 per calendar day. Such amount
is hereby agreed upon as liquidated damages for the loss to City resulting from the
failure of 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. City shall have the right to deduct
such damages from any amount due, or that may become due to Contractor, or the
amountr of such damages,shall be due and collectible from Contractor or 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.
Page 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 foliows:
If to City: City Clerk
City of Seal Beach
211 - 8th Street
Seal Beach, California 90740
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:
Public Works Director
City of Seal Beach
211 - 8th Street
Seal Beach, California 90740
If to Contractor: Charles King Company, Inc.
2841 Gardena Avenue
Signal Hill, California 90755
Telephone: (562) 426-2974
Fax: (562) 426-9714
Attn: Butch King, Vice President
10. Non-Assignability; Subcontracting. Contractor shall not assign,
transfer, or subcontract any interest in this Agreement or the performance of any of
Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer,
or subcontract any rights, duties, or obligations arising hereunder shall be null, void
and of no effect.
11 . Compliance with Laws. Contractor shall comply with all applicable
federal, state and local laws, ordinances, codes and regulations in force at the time
Contractor performs the Services.
12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be
a waiver of any other condition of performance under this Agreement. In no event
shall the making by City of any payment to Contractor constitute or be construed as a
waiver by City of any breach of covenant, or any default which may then exist on the
part of Contractor, and the making of any such payment by City shall in no way
impair or prejudice any right or remedy available to City with regard to such breach or
default.
Page 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 CONTRACTOR
By: By:
Jill R. Ingram, City Manager
Name: rte,/'VI
Attest: Its:
By:
Linda Devine, City Clerk By:
Approved as to Form: Name:
Its:
By:
Quinn Barrow, City Attorney
Page 9 of 9
17945 Sky Park Circle,Suite D
Irvine,CA 92614
0 P. 0.949.724.1399 F.949.724-1851
December 17,2013
Mr. David Spitz,P.E.
City of Seal Beach
211 Eighth Street
Seal Beach,California 90740
Re: 8th Street Sewage Pump Station CIP#SS0901-3
Bid Opening Date:December 12,2013 @ 10:00am
Dear Mr.Spitz:
This letter is to serve as formal notification that Optima RPM, Inc. must withdraw their bid proposal
submitted to the City of Seal Beach on the above referenced project. Upon further review of our bid
sheets we have discovered a clerical error which altered the bid significantly.
We regret any inconvenience this may have caused and if you should have any questions please do not
hesitate to contact me at(949)724-1399 extension 202.
Thank you.
Mayke Hanna
Vice President
17945 Sky Park Circle,Suite D,Irvine,CA 92614 C 0.949.724.1399 F. 949.724.1851
www.optimarpm.com
David Spitz
From: Fred Soroudi <fred.envirocon @gmail.com>
Sent: Friday, December 20, 2013 2:48 PM
To: David Spitz
Subject: 8'fh St. Sewage Pump Station, bid withdrawal
Dear Mr. Spitz.
Environmental construction Inc. requests the withdrawal of our bid for the above project. This request is due
to a clerical error in our bid.
Fred Soroudi
President
Environmental Construction Inc.
21550 Oxnard St. Suite 1050
Woodland Hills Ca, 91367
Cell: (818) 254-5018
i