14-K
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/ Director of Public Works Philip Wang, Assistant City Engineer
SUBJECT: Consideration and possible action to authorize the City Manager to execute Amendment No. 1 to AFN 967 for the Bellflower Gateway Sign (Specifications No. 22/23-06), in a form approved by the City Attorney, with Select Electric, Inc., to substitute subcontractor Angels Landscape with Diversified Landscape Co.
DATE: August 14, 2023
EXECUTIVE SUMMARY
This action would authorize the City Manager to execute Amendment No. 1 with Select Electric, Inc., to substitute subcontractor Angels Landscape with Diversified Landscape Co. The original subcontractor Angels Landscape did not meet the labor agreement requirements between Select Electric, Inc., and the International Brotherhood of Electrical Workers (IBEW).
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager, or designee, to execute Amendment No. 1 to AFN 967, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There is no direct fiscal impact from this substitution that the City of Bellflower will incur.
DISCUSSION
On November 14, 2022, City Council awarded a contract to Select Electric, Inc., for the Bellflower Gateway Sign (Specifications No. 22/23-06). This work includes fabrication of the Bellflower Gateway Sign, landscaping, a bronze statue, irrigation, electrical connection, and concrete work. The landscaping work was to be done by Angels Landscape as a subcontractor, but Select Electric, Inc.’s IBEW union representatives found that Angels Landscaping did not meet IBEW agreement requirements as they are a non-union contractor. Select Electric, Inc. requested the substitution of Diversified Landscape Co. as a subcontractor due to this issue in a letter dated July 14, 2023. -1-
Staff Report – Amendment No. 1 to AFN 967 with Select Electric, Inc. for the Bellflower Gateway Sign (Specifications No. 22/23-06)
August 14, 2023
DISCUSSION – Continued
This action would authorize the City Manager to execute Amendment No. 1 to the Public Works Contract with Select Electric Inc. to substitute Angels Landscape for Diversified Landscape Co.
ATTACHMENTS:
Amendment No. 1 to AFN 967 ........................................................................................ 3 Select Electric, Inc.’s Request for Subcontractor Substitution ......................................... 5
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AMENDMENT NO. 1 TO
AGREEMENT FILE NO. 967 BETWEEN
THE CITY OF BELLFLOWER AND
SELECT ELECTRIC, INC.
FOR THE BELLFLOWER GATEWAY SIGN, SPECIFICATIONS NO. 22/23-06
THIS AMENDMENT No. 1 (“Amendment”) is made and entered into this 14th day of August 2023, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“CITY”), and SELECT ELECTRIC, INC., a California corporation (“CONTRACTOR”).
SECTION 1. Pursuant to Section 17 (Authority/Modification) of the Public Works Contract for Specifications No. 22/23-06 (“Contract”), Section B-6 (List of Subcontractors and Off-Job Fabricators) is amended to include the following:
Name of Subcontractor or Off-Job Fabricator – Diversified Landscape Contractor’s License No. DIR Registration No. – 1000009249 Business Address Telephone No. Email Address – 21730 Bundy Canyon Road, Wildomar, CA 92595 Phone: 951-245-1686 Fax: 800-783-4197 Items of Work and Dollar Amount – Landscaping $150,000
SECTION 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
SECTION 3. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree to this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
SECTION 4. Except as modified by this Amendment, all other terms and conditions of the Contract remain the same.
[SIGNATURES ON NEXT PAGE]
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City of Bellflower
AFN 967 - Amendment No. 1
Specifications No. 22/23-06
Select Electric, Inc.
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BELLFLOWER SELECT ELECTRIC INC.
_____________________________ ______________________________ Jeffrey L. Stewart, City Manager Allen McLane, President
ATTEST:
_____________________________ _______________________________ Mayra Ochiqui, City Clerk Sam Passanisi, Assistant Secretary
APPROVED AS TO FORM:
_____________________________
Karl H. Berger, City Attorney Taxpayer ID No. 95-2852066
Attachment:
Exhibit A – Substitution Request Letter
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