HomeMy WebLinkAboutItem A AGENDA STAFF REPORT
DATE: April 12, 2016
TO: Honorable Mayor and City Council
THRU: Jill Ingram, City Manager
FROM: Jim Basham, Interim Director of Public Works
SUBJECT: 2015/16 EL NINO STORM CONCLUSION - EM1601
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6633:
1. Authorizing the City Manager to execute Amendment No. 3 to the contract
with Post Earthworks Constructors, Inc. in the amount of $45,000 for
additional berm removal services; and
2. Approving Budget Amendment 16-10-02 to allocate $45,000 from
Tidelands Funds to Capital Project No. EM1601 and $50,000 from
General Funds to Capital Project No. EM1601.
BACKGROUND/ANALYSIS:
On December 14, 2015 the City Council approved contract Amendment #2 with
Post Earthworks Constructors, Inc. to build the City's winter sand berm wider,
longer and taller than in typical winters in preparation of an El Nino winter
season.
In addition, the City set up portable pumps in some of the City's sump areas that
are the most susceptible to flooding including Seal Beach Boulevard and Electric
Avenue, Marina Drive and Corsair Way, 10th Street at the Boardwalk, and
Ironwood Avenue and Elder Avenue. These pumps are designed to pump storm
water from flooded areas into storm drain facilities quicker than gravity flow would
normally allow
With the El Nino diminishing and the typical "rainy season" almost over, staff is
preparing to conclude all steps that were taken to prepare and provide support
for El Nino storm events. That includes returning all rented pumps as well as
taking down the winter sand berm. The berm was stationed longer than in past
years as an added protection measure, but at this point it is practical to remove
Agenda Item A
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the berm in advance of warmer weather months. Part of removing the berm
includes removing the additional sand that was built up in the fall in anticipation
of additional winter swells that didn't materialize. The City's berm construction
and removal contractor can grade out the additional sand during the standard
berm removal process which can be scheduled for later this month.
ENVIRONMENTAL IMPACT:
This is not a project within the California Environmental Quality Act.
LEGAL ANALYSIS:
The City Attorney has approved the Amendment No. 3 and proposed resolution
as to form.
FINANCIAL IMPACT:
Additional funds are required to cover the final costs of the pump rentals as well
as the additional winter berm removal. All additional costs will be funded by the
City's General Fund and Tidelands Fund. The Budget Amendments required are
as follows:
Budget Amendment 16-10-02 allocates $45,000 for the Project from Tidelands
Funds and $50,000 for the project from General Funds as follows:
Description Account Revised/Adopted Proposed Budget (diff)
Budget Budget Amendment
Transfer Out 001-080-47000 $10,386,000 $10,436,000 $50,000
Transfer In 045-000-31500 $10,574,897 $10,669,897 $95,000
Contract Professional 045-333-44000 $10,574,897 $10,669,897 $95,000
Transfer Out 034-863-47000 $ 810,000 $ 855,000 $45,000
RECOMMENDATION:
That the City Council adopt Resolution No. 6633:
1. Authorizing the City Manager to execute Amendment No. 3 to the contract
with Post Earthworks Constructors, Inc. in the amount of $45,000 for
additional berm removal services; and
2. Approving Budget Amendment 16-10-02 to allocate $45,000 from
Tidelands Funds to Capital Project No. EM1601 and $50,000 from
General Funds to Capital Project No. EM1601.
Page 3
BMITT BY: NOTED AND APPROVED:
',11 � , .■ r�,
I'Jim Basham ill : . Ingram, City M a' er
Interim Director of Public Works
Prepared By: David Spitz, P.E. Associate Engineer
Attachments:
A. Resolution No. 6633
B. Amendment No. 3 with Post Earthworks Constructors, Inc.
Attachment "A"
RESOLUTION NUMBER 6633
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 3 TO THE CONTRACT WITH POST
EARTHWORKS CONSTRUCTORS, INC. AND APPROVING
BUDGET AMENDMENT NO. 16-10-02
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND
AND RESOLVE:
Section 1. Approval and Authorization of Amendment No. 3 with Contractor.
A. The City of Seal Beach hereby approves Amendment No. 3 dated
April 12, 2016, between the City of Seal Beach and Post Earthworks
Constructors for additional work to the original scope of services of the
Agreement for Sand Berm Construction and Removal with Post Earthworks
Contractors, Inc., ("Third Amendment") for the total amount of $45,000, attached
hereto as Exhibit "A" and incorporated herein by this reference as though set
forth in full.
B. The City Council hereby authorizes the City Manager to execute
the Third Amendment.
Section 2. The City Council hereby approve Budget Amendment 16-10-02
allocates $45,000 for the Project from Tidelands Funds and $50,000 for the
project from General Funds as follows:
Description Account Revised/Adopted Proposed Budget (diff)
Budget Budget Amendment
Transfer Out 001-080-47000 $10,386,000 $10,436,000 $50,000
Transfer In 045-000-31500 $10,574,897 $10,669,897 $95,000
Contract Professional 045-333-44000 $10,574,897 $10,669,897 $95,000
Transfer Out 034-863-47000 $ 810,000 $ 855,000 $45,000
Section 3. 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 12th day of April, 2016 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Resolution Number 6633
ATTEST: Sandra Massa-Lavitt, Mayor
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin Roberts, Acting City Clerk of the City of Seal Beach, do hereby certify
that the foregoing resolution is the original copy of Resolution Number 6633 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 12th day of April, 2016.
Robin L. Roberts, City Clerk
Exhibit A—Amendment No. 3 with Post Earthworks Constructors, Inc.
Attachment "B"
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AMENDMENT NO. 3 TO THAT CERTAIN AGREEMENT DATED
SEPTEMBER 10, 2012 BETWEEN THE CITY OF SEAL BEACH AND
POST EARTHWORKS CONSTRUCTORS, INC.
This Amendment No. 3 ("Third Amendment"), is made and entered into April 12, 2016, by and
between the City of Seal Beach, a California charter city ("City") and Post Earthworks Constructors,
Inc., a California Corporation ("Contractor"), and is an amendment to the September 10, 2012 Public
Works Agreement for 3-Year Annual Sand Berm Construction and Removal ("Agreement"),
Amendment No. 1 dated September 14, 2015 ("First Amendment"), and Amendment No. 2 dated
December 14, 2015 ("Second Amendment") to said Agreement.
RECITALS
A. City and Contractor are parties to the Agreement, whereby Contractor provides certain
services to City for a sand berm construction and removal project ("Project").
B. The Agreement provides for an initial contract term of 36 months for the total amount of
$370,366, and further provides that the City may elect to exercise an extension to renew the
Agreement for two additional two-year terms, contingent upon satisfactory performance of Contractor.
C. The First Amendment provides for an additional two-year term to and including
September 14, 2017, for an additional amount of$275,366.
D. The Second Amendment provides for (i) an additional scope of work during Year One of
the additional two-year term, and (ii) specifies the compensation to be paid to Contractor for that
additional work.
E, City and Contactor wish to amend the Agreement a third time to (i) include an additional
scope of work during Year One of the additional term, for removal of sand in excess of that covered
by the existing Agreement, and (ii) specify the compensation to be paid to Contractor for the
additional work in accordance with Contractor's March 14, 2016 proposal, as provided herein.
AMENDMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein,
the Parties agree to amend the Agreement as follows:
Section 1. Section 1, Contractor's Services, of the Agreement is amended to add
Subsection 1.1.2 to read as follows:
"1.1.2 Supplemental Scope of Sand Removal Services. Subject to the terms and
conditions set forth in this Agreement, Contractor shall perform and complete in good
and workmanlike manner all additional work during Year One of the additional two-year
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term ("Additional Work") identified in Contractor's March 14, 2016 proposal, attached
hereto as Exhibit I and incorporated herein by this reference as though set forth in full.
In the event of any material discrepancy or conflict between Exhibit I, on the one hand,
and any provision of this Agreement or the Contract Documents, on the other hand, the
provisions of this Agreement shall prevail."
Section 2. Section 3, Payment, of the Agreement is hereby amended to add Subsection 3.3
to read as follows:
"3.3 Payment for Supplemental Sand Removal Services. For performing and completing the
Supplemental Sand Removal Services in accordance with Subsection 1.1.2 and the Contract
Documents, City shall pay Contractor, in full compensation therefor, the total amount of
$45,000 (forty-five thousand dollars), subject to any additions and deletions pursuant to the
terms of the Contract Documents.
Said sum shall constitute payment in full for all Additional 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."
Section 3. Except as expressly modified or supplemented by this Second Amendment, all
other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a
conflict between the provisions of this Second Amendment and the provisions of the Agreement or
the First Amendment, the provisions of this Second Amendment shall control.
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IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be
executed and attested by their proper officers thereunto.
CITY OF SEAL BEACH POST EARTH ORKS
CONS - a (• ; ` .
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Jill R. Ingram, City Manager Chris Po ,,:- :ent
jtype/print name and title]
(Please note, two signatures required for corporations
under Corp. Code §313, unless corporate documents
authorize only one person to sign this Agreement on
behalf of the corporation.)
ATTEST:
Robin Roberts, Acting City Clerk
APPROVED AS TO FORM:
Craig A. Steele, City Attorney
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