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HomeMy WebLinkAboutCC Res 6756 2017-08-14 RESOLUTION NUMBER 6756 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENT NO. 4 TO THE PUBLIC WORKS AGREEMENT FOR 3-YEAR ANNUAL SAND BERM CONSTRUCTION AND REMOVAL WITH POST EARTHWORKS CONSTRUCTORS, INC. APPROVING A TWO-YEAR EXTENSION AND AUTHORIZING EXCESS SAND REMOVAL WORK, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME WHEREAS, the City of Seal Beach and Post Earthworks Contractors, Inc., ("Contractor") are parties to that certain agreement dated September 10, 2012 ("Agreement"), and entitled Public Works Agreement for 3-Year Annual Sand Berm Construction and Removal ("Agreement"), as amended by Amendment No. 1 , dated September 4, 2015 ("First Amendment"), Amendment No. 2, dated December 14, 2015 ("Second Amendment"); and Amendment No. 3, dated April 12, 2016 ("Third Amendment"); and, WHEREAS, the Agreement provides for an initial contract term of 36 months and payment up to the total amount of $370,366 for services performed by Contractor in accordance with the Agreement; and, WHEREAS, the Agreement 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; and, WHEREAS, pursuant to the First Amendment, the City elected to extend the agreement for an additional two-year term, for the total amount of $275,366: and WHEREAS, pursuant to the Second Amendment, the City authorized an I t additional scope of work during Year One of the first two-year extension for the additional compensation of $90,274; and, WHEREAS, pursuant to the Third Amendment, the City authorized supplemental work during Year One of the first two-year extension for the additional compensation of $45,000; and, WHEREAS, the City wishes to extend the Agreement for one additional two-year term, for the total amount of $275,366; and, WHEREAS, the City wishes to approve certain excess sand removal work during calendar year 2017 for the total amount of $19,950. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND AND RESOLVE: Section 1 . The City of Seal Beach hereby extends the Agreement dated September 10, 2012, as previously amended pursuant to the First, Second and Third Amendments, for an additional two years from September 14, 2017 through and including September 14, 2019 for the amount of $275,366, and approves excess sand removal work for the amount of $19,950, all as set forth in Amendment No. 4 to that Certain Agreement for 3-Year Annual Sand Berm I Construction and Removal dated September 10, 2012 between the City of Seal Beach and Post Earthworks Contractors, Inc., ("Fourth Amendment"), for the total amount of $295,316, attached hereto as Exhibit "A" and incorporated herein by this reference as though set forth in full. Section 2. The City Council hereby authorizes the City Manager to execute the Fourth Amendment. Section 3. The City Clerk shall certify to the passage and adoption of this resolution. Resolution Number 6756 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of August , 2017 by the following vote: AYES: Council Members: Massa-Lavitt, Deaton, Sustarsic, Moore NOES: Council Members: None ABSENT: Council Members: Varipapa ABSTAIN: Council Members: None GcA/ 141"/*-4;re •<sti Sandra Massa-Lavitt, Mayor ATTE T: ,<jQ ''�b�'. ,-1, ;i it-,0`� ��� rya • it i Id i po,Robin L Roberts, City Clerk - , ' ^°,,� '\;')f%/4-•(' °CT`9F`-"2-'a\ � -&GE. CO\, • STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6756 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 14thday of August , 2017. 1 ' 0r\ S� r. ► .:.1AO Robin L. Roberts, City Clerk Exhibit A -Amendment No. 4 for a Two-Year Extension of the Agreement for Sand Berm Construction and Removal with Post Earthworks Contractors, Inc.