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HomeMy Public PortalAboutC-21-075 - CROSSTOWN ELECTRICAL 2023 APR 19 - AMENDMENT NO. 1AMENDMENT NO. 1 TO PUBLIC WORKS AGREEMENT THIS AMENDMENT TO PUBLIC WORKS AGREEMENT ("Amendment") by and between the CITY OF CARSON, a California municipal corporation ("City") and CROSSTOWN ELECTRICAL & DATA, INC., a California corporation ("Contractor"), is effective as of the JJLTM' day of , 2023. RECITALS A. City and Contractor entered into that certain Public Works Agreement dated May 4, 2021 ("Agreement") whereby Contractor agreed to complete City Project No. 1611: Traffic Signal Installation at the intersection of Central Avenue and Dimondale Drive ("Project"), for a Contract Sum not to exceed $393,986.00. B. During the same City Council meeting on April 20, 2021, where the City Council awarded Contractor the contract to complete the Project, the City Council also approved a 15% contingency in the amount of $59,097.90 to provide for funding of any unforeseen circumstances during construction. C. The Project has experienced construction delays caused by the location of utilities, which require changes to the traffic signal pole layout, the structural design of one of the traffic signal pole footings, and additional construction methods required to implement the structural design. As a result, City and Contractor seek to enter into a change order for $181,995.62 ("Change Order #1") that comprises the changes to the scope and pricing based on that certain February 7, 2023, Serial Letter No: 4560-001 Revl, submitted by Contractor requesting approval of a change order to complete the Project according to the structural design and revised traffic signal plans. D. Change Order #1 will result in Project delays which will necessitate extension of the Schedule of Performance and expiration of the Agreement term. E. The City and Contractor now desire to amend the Agreement to extend the Project completion deadline to September 30, 2023 and Agreement expiration date, and to increase the Contract Sum to $593,986.00 to reflect the amount of $181,995.62 for Change Order #1 plus an additional amount of $18,004.38 which will serve as an additional construction contingency to fund additional unforeseen circumstances. TERMS 1. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in stFike thfough): A. Section 2.1 (Contract Sum) of the Agreement is hereby amended to read in its entirety as follows: 01007.0006/858482.1 "2.1. Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor's Bid attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation of not to exceed Five wee Hundred Ninety Three Thousand Nine Hundred Eighty Six Dollars ($593,986.00 $393,$€6.99) ("Contract Sum") for completion of the work. The Contract Sum of $593,986.00 is inclusive of the amount of $181,995.62 reflected in Change Order #1 plus an additional amount of $18,004.38 ("Additional Contingency") which will serve as an additional construction contingency to fund additional unforeseen circumstances; however, it is anticipated that the Additional Contingency will not be needed to complete the Project and therefore, will not be paid to Contractor." B. Section 3.1 (Schedule of Performance) of the Agreement is hereby amended to read in its entirety as follows: "3.1 Schedule of Performance. Contractor shall be complete the Project by no later than September 30, 2023100 wer-king day. # r -em trate-ef issualiee of "Nebee-te later` eifiea in the Bidding Sehedule. Long lead-time materials shall be ordered within 7 days from receiving the "Notice to Proceed." Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire upon City's acceptance of the Project, . hieheve. eeetir-s first." 2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Contractor represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Contractor that, as of the date of this Amendment, Contractor is not in default of any material term of the Agreement and that there have been no 2 01007.0006/858482.1 events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. 5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 01007.0006/858482.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first -above written. ATTEST: Dr. Khaleah R. Bradshaw, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [rill CITY: CITY OF CARSON, a municipal corporation ,�4L 2rocl . �) la Davis -Holmes, Mayor CONTRACTOR: CROSSTOWN ELECTRICAL & DATA, INC., Cali forni orp ation By: � L_ a : avid P. Heermance Title: Pitsident By: �f}U� Name: 43enjamin Heermance Title: Chief Financial Officer Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. 01007.0006/858482.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first -above written. ATTEST: Dr. Khaleah R. Bradshaw, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [rill CITY: CITY OF CARSON, a municipal corporation Lula Davis -Holmes, Mayor CONTRACTOR: CROSSTOWN CTRICAL & DATA, INC., California rporatio By: A�f Name: Davi . HeermandY Title: President By: r f Name: B njamin Heermance Title: Chief Financial Officer Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. 4 CERTIFICATE ATTACHED 01007.0006/858482.1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Los Angeles County of ) On March 22, 2023 before me, ,�XGVIGQ✓c. U, , Notary Public (insert name and title 6f the officer) personally appeared David P. Heermance who proved to me on the basis of satisfactory evidence to be the personN whose name Is are subscribed to the within instrument and acknowledged to me that Fie sley executed the same in &here+ authorized capacity(4s), and that by&her/their signature(s) on the instrument the person(h), or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature, JA ,- ALEXANDRA V. MUNIZ COMM. # 2318798 M NOTARY PUBLIC - CALIFORNIA 0 LOS ANGELES COUNTY r My Commission Expires 1 January 11. 2024 (Seal) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of J} I• - J Here Insert Name• • Title•th'cjjbfficer wersonally .••-. -• Ili. a aI// a_, ■ '/.I/ ii/. _r • �eof Signe�e who proved to me on the basis of satisfactory evidence to be the person/ whose name isJ�-w,subscribed to the within instrument and acknowledged to me that he�e> executed the same in his�r><their authorized capacitykiof and that by hist+eF#i-ieir signaturefrs'f on the instrument the personX, or the entity upon behalf of which the personK acted, executed the instrument. AMY NAMAN GHARIB Notary Public - California Los Angeles County Commission N 2373177 40my Comm. Expires Sep 1, 2025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A -VMA 4(am&q (149noture of • .Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: A� �® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/Y) 03/16/20232023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LICENSE NO. 0637431 CONTACT NAME: PATRICK MCRAE PHCNN Ext, (714) 779-6999 Fvc No, (714) 779-6903 PATRICK MCRAE INSURANCE SERVICES 1265 N. MANASSERO ST. SUITE 303 E-MAIL ADDRESSq : certre uest mcraeinsurance.insure INSURER(S) AFFORDING COVERAGE NAIC# ANAHEIM HILLS, CA 92807 INSURER A: NAVIGATORS SPECIALTY INSURANCE CO. 36056 09/03/202209/03/2023 INSURED INSURER B: INSURANCE COMPANY OF THE WEST 27847 INSURERC: INTEGON NATIONAL INSURANCE COMPANY 29742 CROSSTOWN ELECTRICAL & DATA, INC. 5454 DIAZ STREET IRWINDALE CA 91706 INSURER D: ATLANTIC SPECIALTY INSURANCE COMPA 27154 INSURER E: GREAT AMERICAN INSURANCE CO. 116691 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X LA22CGLZ04TP71C. 09/03/202209/03/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE IX OCCUR X XCU DEDUCTIBLE $5,000 PER OCCURENCE A 100,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 5,000 X OCP PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � ECT F LOC PRODUCTS - COMP/OPAGG $ 2,000,000 EBL $ 1,000,000 OTHER: I C AUTOMOBILE X LIABILITY ANY AUTO X X 2005675448 COMP: $1,000 11/05/2022 11 /05/2023 Ea CMBIEDide tSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ _ OWNED DAUTOS ONLY X SCHEDULED AUTOSBODILYINJURY(Peraccident) COLL: $1,000 $ _ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ - Per accident E UMBRELLA LIAB X OCCUR TUE 2572052 04 09/03/2022 09/03/2023 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS -MADE UNDERLYING LIMITS: GL; AL; EL POLICIES AGGREGATE $ 10,000,000 X DED RETENTION$ 0 $ - B WORKERS COMPENSATION EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y OFFICER/MEMBEREXCLUDED? N (Mandatory in NH) N/A x WVE 5030354-07 06/03/2022 06/03/2023 XSTATUTE ERH AND E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D PROPERTY & CONTRACTORS EQUIPMENT $1,000 DEDUCTIBLE COV. INCL. THEFT 05110/2022 05/10/2023 $1,418.658 Property of Prcmus $300, 000 Leased BPP M," BI F CONTRACTORS POLLUTION LIABILITY G'43784 1 09/0812022 09/08/2023 $2,000,000 EACH OCCI$4,000.000 GEN AGG. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) THE CITY OF CARSON AND THEIR ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED WITH RESPECTS TO THE ABOVE-MENTIONED POLICIES PER ATTACHED ENDORSEMENT(S). COVERAGE IS PRIMARY & NONCONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT, PER ATTACHED ENDORSEMENT FORMS. WAIVER OF SUBROGATION APPLIES, IF REQUIRED BY WRITTEN CONTRACT. * SHOULD ANY OF THE ABOVE-DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, A 30 DAY WRITTEN NOTICE WILL BE ISSUED. RE: PROJECT NO.1628/ TRAFFIC SIGNAL INSTALLATION TAJAUTA AVENUE AND DEL AMO BOULEVARD UtKIIt-IUAIt HULULK CITY OF CARSON ATTN: RISK MANAGEMENT DEPARTMENT Insurance Approved 701 E. CARSON STREET DJ CARSON, CA 90745 03/22/23 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD