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Home My WebLink AboutCC Res 6633 2016-04-12RESOLUTION 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: 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: Massa - Lavitt, Varipapa, Deaton, Sloan, Miller NOES: Council Members: None ABSENT: Council bets,.Mone ABSTAIN: Count �eiNiine G ° °ij Sandra Massa - Lavitt, Mayor �9?�� ". Robin L. Roberts, City?lerki' Mr'y 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 Va it o at a regular meeting held on the 12th day of April, 2016. L. Roberts, ity Clerk Exhibit A — Amendment No. 3 with Post Earthworks Constructors, Inc. Description Account Revised /Adopted Proposed Budget Budget Budget (diff) 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 $ 610,000 $ 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: Massa - Lavitt, Varipapa, Deaton, Sloan, Miller NOES: Council Members: None ABSENT: Council bets,.Mone ABSTAIN: Count �eiNiine G ° °ij Sandra Massa - Lavitt, Mayor �9?�� ". Robin L. Roberts, City?lerki' Mr'y 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 Va it o at a regular meeting held on the 12th day of April, 2016. L. Roberts, ity Clerk Exhibit A — Amendment No. 3 with Post Earthworks Constructors, Inc. 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, Contractors 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 1 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. 2 r 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 ti w 03 MANIM N VQ0 • �. K 0 Nil 119 1114 0 M (type /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.)