AGENDA REPORT
Meeting Date: September 12, 2023
Item Number:
To: Honorable Mayor & City Council
From: Robert Welch, P.E., Utilities General Manager
Vince Damasse, P.E., Water Resources/Operations Manager Melissa Gomez, Senior Management Analyst
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND CIVILTEC ENGINEERING, INC. FOR PROFESSIONAL
SURVEYING AND ENGINEERING SERVICES FOR THE CAPITAL
IMPROVEMENT PROGRAM PIPELINE REPLACEMENTS; AND
APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF
$874,456
Attachments: 1. Agreement
RECOMMENDATION
Staff recommends City Council move to waive bidding requirements pursuant to Beverly Hills Municipal Code 3-3-112 (G) and approve an agreement with CIVILTEC Engineering, Inc. (CIVILTEC) for assistance with the professional surveying and engineering services for the Capital Improvement Program (CIP) pipeline replacements and approve a purchase order in the amount of $874,456.
INTRODUCTION
The City of Beverly Hills’ water distribution system consists of approximately 170 miles of water mains. To ensure that the water distribution system remains reliable and resilient, the City allocates funding for system-wide water main and associated appurtenances replacement each year. The City is planning to replace approximately 28,616 linear feet of existing distribution pipelines ranging in size from 4-inch to 12-inch with newer or upsized water mains in the next fiscal year (FY24/25). Professional surveying and engineering services are necessary for the design phase of the overall CIP water main replacement project.
Meeting Date: September 12, 2023
DISCUSSION
The City of Beverly Hills is contracting with CIVILTEC, a consultant engineering firm, for assistance with the professional surveying and engineering design services for various CIP pipeline replacements, which total approximately 28,616 linear feet. This pipeline replacement project will include replacement of existing water mains, including, but not limited to, services and meters, fire hydrants, isolation valves, and other associated appurtenances. CIVILTEC will assist with the following major tasks:
1. Phase 1 – Preliminary Phase and Basis of Design: In this phase, hydraulic modeling may be performed to verify proposed sizes of pipes, materials of construction, points of connections, and other design criteria.
2. Phase 2 – Design Services (Preparation of Plans, Specifications, and Bidding Support): During this phase, Contract Documents will be prepared to include plans, specifications, and cost estimates for construction bidding. Bidding support will entail assistance with tabulating bids, interpreting bids, and responding to requests for information or clarifications during the bidding process.
3. Phase 3 – Permitting: Permitting assistance will be provided, as needed, as part of design support pre-construction. If required, engineering plans, exhibits, and waivers will be prepared for the Division of Drinking Water approval prior to construction.
Beverly Hills Municipal Code 3-3-112 (G) allows an exception to the bidding requirement when the contract is for professional services such as attorneys, physicians, architects, engineers, consultants, accountants, specialized printers or other individuals or organizations possessing a high degree of professional, unique, specialized or technical skill or expertise. In this case, CIVILTEC will provide engineering services, which is an allowed exception to the bidding requirement.
FISCAL IMPACT
Staff recommends the approval of the CIVILTEC agreement and purchase order totaling $874,456. Funds are available and budgeted for in the Water Enterprise Fund Water Main and Hydrant Replacement CIP 00387.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
B0785-0001\2849631v2.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
CIVILTEC ENGINEERING, INC. FOR PROFESSIONAL
SURVEYING AND ENGINEERING SERVICES FOR THE
CAPITAL IMPROVEMENT PROGRAM PIPELINE
REPLACEMENTS
NAME OF CONSULTANT: Civiltec Engineering, Inc.
RESPONSIBLE PRINCIPAL OF CONSULTANT: David Byrum, President CONSULTANT’S ADDRESS: 118 W. Lime Avenue
Monrovia, CA 91016
Attention: David Byrum, President
CONSULTANT’S E.I.N./TAX I.D. NO.: 95-4043476
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: August 15, 2023
TERMINATION DATE: June 30, 2026, unless extended pursuant to Section 2 of this Agreement
CONSIDERATION: Not to Exceed:
Professional Fees: $794,960.00
Contingency: $79,496.00
Total not to exceed: $874,456.00 as
more particularly described in Exhibit B
DocuSign Envelope ID: 5A32AD88-CC05-470F-B639-D878D4AE4D67 B0785-0001\2849631v2.doc
2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
CIVILTEC ENGINEERING, INC. FOR PROFESSIONAL
SURVEYING AND ENGINEERING SERVICES FOR THE
CAPITAL IMPROVEMENT PROGRAM PIPELINE
REPLACEMENTS
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and Civiltec Engineering, Inc., (hereinafter called “CONSULTANT”).
RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.
B. CONSULTANT represents that it is qualified and able to perform the Scope of Works.
NOW, THEREFORE, the parties agree as follows:
Section 1. Scope of Work.
CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
Section 2. Time of Performance.
CONSULTANT shall commence its services under this Agreement upon the Commencement Date on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.
The City Manager or her designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.
Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B.
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3 (b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).
There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.
Section 4. Method of Payment. CITY shall pay CONSULTANT said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Independent Contractor. CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as herein set forth. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONSULTANT without the prior written approval of CITY. Any attempt by CONSULTANT to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 7. Responsible Principal(s)
(a) CONSULTANT’s Responsible Principal set forth on the cover page shall be principally responsible for CONSULTANT’s obligations under this Agreement and shall serve as principal liaison between CITY and CONSULTANT. Designation of another Responsible Principal by CONSULTANT shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 8. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.
Section 9. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 10. Interests of CONSULTANT. CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONSULTANT.
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4 Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of Five Million Dollars ($5,000,000) per claim and in the aggregate.
Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed. (b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
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5 (g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.
Section 12. Indemnification.
(a) Indemnity for Design Professional Services. To the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, protect, indemnify, and hold harmless CITY and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those CITY agents serving as independent contractors in the role of CITY officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of CONSULTANT, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2).
(b) Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Claims”), in law or equity, to the extent caused by the negligence or willful misconduct of CONSULTANT, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, as determined by judicial decision or by the agreement of the Parties. CONSULTANT shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. (c) All duties of CONSULTANT under this Section 12 shall survive termination of the Agreement.
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6 Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. CONSULTANT shall have no other claim against CITY by reason of such termination, including any claim for compensation.
Section 14. CITY’s Responsibility. CITY shall provide CONSULTANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSULTANT’s Scope of Work.
Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate.
Section 16. Records Retention and Examination. CONSULTANT shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONSULTANT shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge. CONSULTANT shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 17. Nondiscrimination by CONSULTANT. In the performance of this Agreement, CONSULTANT assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious DocuSign Envelope ID: 5A32AD88-CC05-470F-B639-D878D4AE4D67 B0785-0001\2849631v2.doc
7 creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.
Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.
Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
EXECUTED the day of 20___, at Beverly Hills,
California.
[Signatures on following page.]
DocuSign Envelope ID: 5A32AD88-CC05-470F-B639-D878D4AE4D67 B0785-0001\2849631v2.doc
8 CITY OF BEVERLY HILLS
A Municipal Corporation
JULIAN A. GOLD, M.D.
Mayor
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
CONSULTANT: Civiltec Engineering, Inc.
DAVID BYRUM
President
DIANA OCCHIPINTI
Corporate Secretary
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
SHANA E. EPSTEIN
Director of Public Works
ROBERT WELCH
Utilities General Manager
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 5A32AD88-CC05-470F-B639-D878D4AE4D67 ~~ 0~
9 B0785-0001\2849631v2.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall provide professional surveying and engineering services for CITY Capital Improvement Program Pipeline Replacements project (“Project”). The Project will replace existing pipelines in CITY and West Hollywood based upon the current capital improvement program. The Project will consist of approximately 28,616 linear feet of 8-inch and 12-inch ductile iron pipeline in various streets and intends to replace several isolation valves that are in close proximity to these pipeline projects. The following table lists the anticipated water main replacements.
Replacement Summary
SEGMENT
NUMBER
BH
AREA
INSTALLATION
DATE
PRESSURE
ZONE
PIPE
TYPE
EXISTING
DIAMETER
PROPOSED
DIAMETER
PIPE
LENGTH
01 37 1964-95 6 CI/DI 6 8 957
02 37 1937-95 5/6 DI 8 8 1,618
03 31 1957 5 CI 6 8 1,140
04 30 1957 4 CI 6 8 1,397
05 30 1978 5 CI 6 8 1,220
06 31/36/37 1957 4 CI 6/8 8 1,396
07 24/30 1925-90 4 CI/DI 4/8 8 887
08 30 1925-33 4 CI/DI 0/4/6 8 1,606
09 36 1925-35 4 CI/DI 0/4/6 8 1,557
10 29/35 1925-35 4 CI/DI 0/4/6 8 1,525
11 29/35 1925 4 CI/DI 0/4/6 8 1,424
12 36 1925 4 CI 8 8 2,622
13 35 1924 6 CI 4 8 1,167
14 29 1935 3WH CI 8 8 1,331
15 29 1975 3WH DI 12 12 764
16 29 1955 3WH CI 6 8 269
17 29 1955 3WH CI 6 8 264
18 28/29 1933-75 3WH CI/DI 8/12 8/12 398
19 29 1933 3WH CI 4 8 626
20 29 1933 3WH CI 4 8 714
21 29 1955 3WH CI 6 8 726
22 28 1959 3WH CI 8 8 722
23 28 1958-60 3WH CI 6 8 1,209
24 27 1940-59 3WH CI 4/6 8 1,234
25 11 1995 4 DI 8 8 943
26 11 1958-95 4 CI/DI 8 8 901
TOTAL L.F.
OF PIPE
28,616
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10 The Project will include reconnection and/or replacement of existing services and meters, reconnection or replacement of existing fire hydrants, new isolation valves, and connections to the existing water system.
Phase 1 – Preliminary Phase and Basis of Design
Task A. Meetings and Project Management
CONSULTANT will arrange and conduct a workshop with CITY staff to formalize design criteria, discuss schedules and obtain any data, CAD files, plans, or documents that may have in its possession relative to the Project. Meetings will also be held for major milestones such as the design memo and preliminary layout and 60%, 90% and final review cycles. The kick-off meeting will be in person along with a field review of the pipe alignments. All other meetings will be held via video conference or in the field, as necessary. Agendas and summary minutes will be provided for all meetings, with action items provided. A total of ten (10) meetings are budgeted.
Task B. Utility Research and Data Collection
A complete utility investigation and data research of the streets involved shall be performed. The objective is to obtain all record information available along the pipeline alignments including record drawings of the utilities, substructure drawings, right-of-way information, aerial photographs, vertical and horizontal control, record drawings, assessor’s parcel maps, etc. The CITY will provide copies of existing plans (record drawings) that are available and applicable to this project. CONSULTANT shall coordinate with CITY and utility agencies to obtain record drawings before preparing the preliminary pipeline layout.
Task C. Topographic Survey
CONSULTANT shall perform a detailed topographic survey of the pipeline alignments, including locating all existing improvements, establishing horizontal and vertical control for construction and supplement record data. CONSULTANT shall perform an aerial survey of each street involved in the project to thoroughly document the existing improvements. The complete topographic survey will be at 1-inch equals 20-feet scale.
The survey will be used for design and construction drawings will identify curb returns, light poles, landscape, hardscape, planters, driveways, aboveground and underground facilities (any that are marked by others), all utility manholes and pull boxes, limits of all concrete features and manhole dipping. The valve lids, manholes, utility paint markings, fire hydrants, water meters, aboveground piping, etc. will be documented and incorporated into the base drawings to accurately represent existing field conditions. CONSULTANT shall perform a field walk of the Project area to verify the information obtained from the record information and field survey.
CONSULTANT will provide one electronic copy of the topographic survey maps including benchmark information for CITY’S use along with electronic AutoCAD files.
Task D. Base Mapping and Layout
CONSULTANT shall combine the topographic information obtained from the field survey and field investigation, public right-of-way maps, utility information obtained from research and prepare a base map of the pipeline replacement areas. The base map will include, at a minimum, street DocuSign Envelope ID: 5A32AD88-CC05-470F-B639-D878D4AE4D67 B0785-0001\2849631v2.doc
11 centerlines, easements, property lines, utilities, storm drain, flood control, sewer, and any related utilities along the pipeline routes.
Task E. Design Memorandum and Conceptual Pipeline Layout CONSULTANT shall perform an alignment analysis for the distribution pipelines, based on review of the existing utility record drawings to determine if a viable pipeline corridor is available based on the assumed construction trench width. A utilities records search and a review of proposed utility and agency projects is included in accordance with Task B. A ranking matrix will be developed if it is determined that the proposed/assumed layout encounters constraints during utility research. An exhibit will be prepared and will be included in the technical memo. At minimum, the design memorandum will include the following:
Project Narrative;
Project Schedule;
Conceptual Sketch of the Main Layout and Profile;
Identification of Potential Conflicts with Existing Utilities; Identification and Preparation of Necessary Permit Applications; and Preliminary Material and Installation Cost Estimate.
CONSULTANT will provide one copy of the Design Memorandum and appendices.
Task F. Potholing Services
CONSULTANT will collaborate with Bess Test Lab, Inc. to perform potholing services to identify existing utilities within the project limits. Thirty (30) potholes are budgeted to verify depth and location of existing utilities, including surface repair as necessary. Potholing will be performed via vacuum extraction, and it is assumed the roadway will be repaired with cold asphalt patches. Hot patches can be proposed as an optional cost. The approximate cost per pothole is One Thousand Five Hundred Dollars $1,500.00
CONSULTANT will provide a PDF copy of the pothole reports.
Phase 2 – Design Services (Plans and Specifications)
CONSULTANT shall prepare PS&E for the general and civil aspects of the project determined by the Design Memorandum. The drawings will be created in AutoCAD 2023 for Windows in Civil 3D on 24-inch by 36-inch size sheets in accordance with CITY’s drawing standards or by the City of West Hollywood where some of the permits are pursued. The design shall also include preparation of the plans for permitting purposes. Four (4) submittals will be made for each bid package for approval by CITY.
Task A. 60% Design Submittal and Review
CONSULTANT shall submit 60% design drawings that include a topography map, location, and sizes of all the found utilities, details (including all valves) and piping. The plan will also include preliminary layout of the pipelines including tie-ins, valves, fire hydrants, etc. The pipeline plan and profile will be prepared at a 1-inch equals 20-feet horizontal scale and 1-inch equal 4-feet vertical scale. The 60% submittal will include a title sheet, plan sheets and pipeline detail sheets along with a table of contents identifying specification sections that will be included in 90% and DocuSign Envelope ID: 5A32AD88-CC05-470F-B639-D878D4AE4D67 B0785-0001\2849631v2.doc
12 final design documents. CITY’s furnished details and available/applicable public agency standards will be incorporated into the design documents.
CONSULTANT shall incorporate applicable trenching, paving, sidewalk, and other details, as applicable and/or required. Additionally, CONSULTANT will meet with CITY staff to discuss comments approximately two weeks following the 60% submittal.
CONSULTANT will provide one full-size set of the 60% design plans including table of contents for technical specifications and cost estimate. Electronic files will be provided as follows: one (1) set of plans in PDF format; one (1) table of contents for the specifications prepared in Microsoft Word in PDF format; and one (1) cost estimate and bid schedule prepared in Microsoft Excel in PDF format.
Task B. 90% Design Submittal and Review
CONSULTANT shall prepare detailed design plans for construction based on comments from the 60% design submittal. The 90% design submittal will include the piping layout and profiles, details, notes, dimensions, standard drawing references, connection details and other pertinent information. Large-scale details will be provided for necessary tie-in connection points. The 90% design submittal will also include traffic control plans for the appropriate CITY review and approval. The traffic control plans will be prepared by a licensed civil engineer and will identify a staging area for the contractor to use. Technical specifications, a detailed engineer’s construction cost estimate and bid schedule will be completed in accordance with CITY’s requirements. The submittal will include complete designs and plans, a first draft of the complete specifications document, a narrative of progress addressing outstanding issues and design completion.
CONSULTANT will meet with CITY staff to discuss comments approximately two weeks following the 90% submittal.
CONSULTANT will provide one full-size set of the 90% design plans including technical specifications and cost estimate. Electronic files will be provided as follows: one (1) set of plans in PDF format; one (1) set of specifications prepared in Microsoft Word in PDF format; and one (1) cost estimate and bid schedule prepared in Microsoft Excel in PDF format.
Task C. Traffic Control Plans
CONSULTANT shall prepare engineered traffic control plans for the construction of improvements affecting traffic. Plans will include provisions for vehicular and pedestrian detouring to keep the public and workers safe during construction operations. Work areas and staging areas will be identified with all required traffic control devices placed appropriately. Traffic control plans will be prepared in accordance with the latest California MUTCD and WATCH Manual and signed by a California Registered Civil Engineer.
CONSULTANT shall provide electronic files as follows: one (1) set of plans in PDF format; one (1) set of specifications prepared in Microsoft Word in PDF format; and one (1) cost estimate and bid schedule prepared in Microsoft Excel in PDF format.
Task D. Final (100%) Design Submittal and Review
CONSULTANT shall incorporate comments and edits from the 90% design review. The final submittal will include original plans and original contract specifications signed by a California DocuSign Envelope ID: 5A32AD88-CC05-470F-B639-D878D4AE4D67 B0785-0001\2849631v2.doc
13 professional licensed civil engineer. A PDF set of plans will be submitted to CITY for approval prior to final printing. CONSULTANT shall review CITY’s special provisions and update them, as necessary. The front-end special provisions will be provided by CITY to be included in the bid documents.
CONSULTANT shall provide electronic files as follows: one (1) set of plans in PDF format; one (1) set of specifications prepared in Microsoft Word in PDF format; and one (1) cost estimate and bid schedule prepared in Microsoft Excel in PDF format.
Task E. Contract Documents
Detailed technical specifications and special provisions will be prepared to support the drawings and all project elements. CITY’s technical specifications and standard drawings will be implemented as applicable. CONSULTANT shall incorporate the latest CITY’s front-end contract documents and general provisions and develop necessary project specific special provisions.
Anticipated Specification List
**01000 – Summary of Work
**01075 – Price and Payment Procedures
**01300 – Submittals
01500 – Temporary Utilities
01545 – Contractor Utilities
01560 – Environmental Controls
**01700 – Project Closeout
01720 – Record Drawings
01800 – Operation and Maintenance Data
**01802 – Stormwater Pollution Control
Attachment – California-Nevada Stormwater BMP Manual
**02025 – Existing Utilities and Structures
02100 – Site Preparation
02200 – Trenching Backfill Compacting
03050 – Basic Concrete Materials and Methods
**15000 – Pipelines – General Provisions
Attachment – Department of Health and Safety Separation Standards Memorandum **15020 – Disinfecting Water Mains
DocuSign Envelope ID: 5A32AD88-CC05-470F-B639-D878D4AE4D67 B0785-0001\2849631v2.doc
14 **15030 – Pressure and Leakage Tests
15101 – Gate Valves
**15106 – DIP and Fittings
Task F. Cost Estimate
Quantities and cost estimates for the items determined from the construction drawings and specifications will be prepared at the 60%, 90% and 100% submittals. Cost estimation will be based on the procedures and values from BNI Public Works Cost Book and past bids administered on similar construction projects. Construction costs will consider material, labor, and equipment costs for accurate cost estimates.
Phase 3 – Permitting
Task A. Permitting City of West Hollywood
CONSULTANT shall issue permit applications and 100% construction plans for permit processing to the City of West Hollywood, as well as utility companies for conflict review. The scope of work includes attendance at any meetings with CITY, unless otherwise specified.
CONSULTANT shall incorporate any required corrections and make revised permit submittals until approval is obtained. CITY planning technician, Ms. Sara Canché, will lead effort and submit all plans required. It is assumed that any permit and inspection fee will be paid for by CITY.
Task B. Division of Drinking Water (“DDW”) Separation Waiver In the event the new water mains cannot be designed to meet DDW regulations for water and non-potable water separation per the California Code of Regulations Title 22, Chapter 16, Section 64572 Water Main Separation, CONSULTANT will prepare the necessary forms and letters to apply for waivers. The documents will be submitted to CITY assigned DDW sanitary engineer.
Any revisions or information that is required to be relayed to DDW will be provided until the waivers are approved.
Phase 4 – Bidding and Construction Phase
Task A. Bid Support Services
CONSULTANT shall attend a pre-bid meeting, respond to requests for information (RFIs) and issue addendums as necessary during the bidding phase. CONSULTANT shall prepare necessary sketches of design details to clarify any issues during bidding. All plans and documents will be submitted to CITY for approval prior to issuance.
DocuSign Envelope ID: 5A32AD88-CC05-470F-B639-D878D4AE4D67 B0785-0001\2849631v2.doc
15 Task B. – Construction Support Services
CONSULTANT shall provide construction support services for the following:
1. Attendance at a pre-construction meeting (1 budgeted);
2. Attendance at site visit(s) to assess construction and provide solutions (6 budgeted);
3. Review submittals and shop drawings (30 submittals budgeted);
4. Respond to RFIs and change order requests; and
5. Prepare as-built drawings.
Schedule
Based on the Scope of Work described previously, CONSULTANT shall complete this Project by May 31, 2024, so the Project can be placed out to bid to be constructed in Fiscal Year 2024- 2025.
II. INFECTIOUS DISEASE
A. CONSULTANT shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention NonEmergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.
B. CONSULTANT shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.
C. CONSULTANT shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.
DocuSign Envelope ID: 5A32AD88-CC05-470F-B639-D878D4AE4D67 16 B0785-0001\2849631v2.doc
EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONSULTANT for the satisfactory performance of the work described in this Agreement in an amount not to exceed Seven Hundred Ninety-Four Thousand Nine Hundred Sixty Dollars ($794,960.00) including all labor, taxes, and expenses at the rates below.
Contingency in an amount not to exceed Seventy-Nine Thousand Four Hundred Ninety-Six Dollars ($79,496.00) for additional, unforeseen, and unanticipated work outside the Scope of Work described in Exhibit A, and shall not be undertaken without the express direction by CITY in writing. Compensation for said additional work shall be mutually agreed upon by CITY and CONSULTANT in writing.
PAYMENT SCHEDULE
Professional fees for the services will be billed on a time and materials basis, not to exceed the budgets as summarized below. A breakdown of hours and costs is included as Attachment 1 to Exhibit B.
Phase 1. Preliminary Phase and Basis of Design $326,085.00 Phase 2. Design Services (Plans and Specifications) $300,275.00 Phase 3. Permitting $22,240.00
Phase 3. Bidding and Construction $146,360.00
Contingency $79,496.00
Total $874,456.00
SCHEDULE OF FEES
Additional Services shall be charged at the following hourly rates.
Principal Engineer: $265.00 per hour
Two Person Survey Crew: $265.00 per hour
Senior Project Manager: $265.00 per hour
Project Engineer: $210.00 per hour
Survey Manager: $195.00 per hour
Senior Staff Engineer: $180.00 per hour
Staff Land Surveyor: $165.00 per hour
Designer: $155.00 per hour
Designer/Drafter: $140.00 per hour
Planning Technician: $135.00 per hour
Project Assistant: $85.00 per hour
In no event shall the Agreement total exceed Eight Hundred Seventy-Four Thousand Four Hundred Fifty-Six Dollars ($874,456.00).
CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.
DocuSign Envelope ID: 5A32AD88-CC05-470F-B639-D878D4AE4D67 B0785
-0001\2849631v2.doc
17 ATTACHMENT 1 TO EXHIBIT B
DocuSign Envelope ID: 5A32AD88-CC05-470F-B639-D878D4AE4D67 HOURS BY HOURS BY HOURS BY HOURS BY HOURS BY HOURS BY HOURS BY HOURS BY HOURS BY HOURS BY HOURS BY Don Read Bm PIC SrPM PE SrSE 0 DO PT PA 2MS SM SLS Aeri~ Test Lab REIMB. TOTAL Scope of Wolk I m.oo s 240.00 $ 210.00 $ 180,00 $ 155,00 $ 140.00 $ 135.00 $ 85,00 $ 265,00 $ 115.00 $ 165,00 ToDOQrtDhv Potholirui EXPENSES COST Phllt 1 • l'lllminllv Phllt 111d 111111 of DHill S 3211115.00 Task A. Meetrm 11d Pmillcl MaMMmenl 40 40 16 12 s 24.~ .oo Taslt B. Utliv Research and Data Cdlection 11 8 S 1000.00 S 13 3&1.00 Task C. Ttmnreohi: Soll'&Y 11d Aerial Cootrd Netwak 350 40 S 19435.00 S 2500.00 S 122 485.00 Task 0. Base Meooioo end Lavou1 24 40 210 122 S 61870.00 Taslt E. Oeian Mwaooum aoo Pre&milarv PiDMl'j! Aiorvnent 12 8 40 11 88 60 8 12 S 52 040.00 Task F. Potholi'io Ser,;ces $51750.00 S 51750.00 "-2,- ,rllllMlfld - ·- l 300.ffl.lll
Task A. 60!1 Oesial Sobmi11al aoo Raview 12 24 30 40 325 200 S 100,815.00 Task B. OeskJn Sobmi11al 11d Review 12 24 20 60 200 120 S 71.740.00 Taslt C. Tralfc Control Plans 4 24 40 120 120 S 50 620.00 Talk 0. Final 11~\ Oeliln Sobmdtal and Rem 12 16 16 140 120 S 48 880.00 Task E. Corlract Documents 8 16 20 16 40 S 16 440.00 Task F. Cost Estimate 8 8 12 12 24 S 11780.00 "-3 ,,...... lTinl 11d lhlwk llnllft~,-n l " MIi.iii
Teslt A. Perl!itti'io Ct/ ol Wes! Mnl'Al'MII 8 20 24 S 10160.00 Task B. 00N SeD¥ation Weiv91 8 12 16 24 s 12.~ .oo Phllt 4 , llidlh 111d COllllruclloa Phllt S 141,300.00
Task A. Biddina Sonrwt Ser,;ces 4 32 24 40 s 19~.oo Task B. Conltruction Sorwvf Se!lffl
1. Attendance et a ore-constru:tion meetina 8 8 S 3,600.00
2. Attendance al sita ~sit ll assess end 1111MM soluions 8 48 24 24 S 22 400.00
3. Review llbmittals and c1w, 1hv.ioos 24 40 11 S 28 560.00
4. Resrwvt to RF!s 11d dlenoe orde! reouestl and 8 40 60 40 S 31520.00
5. PleDataaHUikdrawilos. 4 16 40 60 120 S 40,IMX!.OO
HOURS 148 360 430 416 1143 Ile 112 64 350 48 0 3117
BUDGET I 30,220.00 S 86,400.00 S 00,300.00 $ 74,880.00 S 177,165.00 s m,640.oo $ 15,120.00 S 5,440.00 S 02,750.00 $ 0,360.00 S S 10,435.00 $51,750.00 $ 3,500.00 $ 704,060.00
EXHIBIT C
B0785-0001\2849631v2.doc
EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CONSULTANT'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: CONSULTANT agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance 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.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
DocuSign Envelope ID: 5A32AD88-CC05-470F-B639-D878D4AE4D67 Certificate Of Completion
Envelope Id: 5A32AD88CC05470FB639D878D4AE4D67 Status: Sent Subject: Complete with DocuSign: Civiltec Engineering, Inc. CIP Pipeline Replacement.pdf Source Envelope:
Document Pages: 18 Signatures: 6 Envelope Originator:
Certificate Pages: 3 Initials: 0 Jazmin Rosas
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
Status: Original
8/16/2023 7:53:22 AM
Holder: Jazmin Rosas
[email protected]
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Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
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David Byrum
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President
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Diana Occhipinti
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Corporate Secretary
Civiltec Engineering, Inc.
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Deborah R. Hakman For
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Robert Welch
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Shana E. Epstein
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Director of Public Works
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Logan Phillippo
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Real Property Development Manager
City of Beverly Hills
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Nancy Hunt-Coffey
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Julian A. Gold
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Huma Ahmed
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Dorina Mohan
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