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AMENDMENT NO. 8 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MANHATTAN BEACH AND HDR ENGINEERING, INC.
This Eighth Amendment (“Amendment No. 8”) to that certain agreement by and between the City of Manhattan Beach, a Californ ia municipal corporation (“City”) and HDR Engineering, Inc. a Nebraska corpo ration (“Consultant”) (collectively, the “Parties”) is hereby made effect ive as of the date of the last authorized representative signature below (“Effective Date”).
RECITALS
A. On June 7, 2012, the City and Consultant entered into an agreement for professional services for the Consultant to pro vide community relations and design professional services related to the Sepulve da Bridge Widening Project (“Original Agreement”).
B. On or about January 7, 2015, the Parties entered into Amendment No. 1 to the Original Agreement.
C. On or about February 16, 2016, the Parties enter ed into Amendment No. 2 to the Original Agreement.
D. On or about December 20, 2016, the Parties enter ed into Amendment No. 3 to the Original Agreement.
E. On or about August 1, 2017, the Parties entered into Amendment No. 4 to the Original Agreement.
F. On or about August 21, 2018, the Parties entered into Amendment No. 5 to the Original Agreement.
G. On or about December 3, 2019, the Parties entere d into Amendment No. 6 to the Original Agreement.
H. On or about July 7, 2020, the Parties entered in to Amendment No. 7 to the Original Agreement.
I. The Original Agreement, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, Amendment No. 6. and Amendment No. 7 is referred to herein as the Agreement.
J. The Parties now desire to amend the Agreement to allow Consultant to provide additional specified services to City an d to increase the maximum compensation to be paid to Consultant under the Agr eement (the “Maximum Compensation”) for the services provided.
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NOW, THEREFORE, in consideration of the Parties’ pe rformance of the promises, covenants, and conditions stated herein, the Parties hereby agree as follows:
Section 1. Section 2 of the Agreement is hereby ame nded to extend the term of the Agreement through June 30, 2023, unless sooner terminated as provided in Section 12 of the Agreement.
Section 2. The Parties recognize that Section 1 of Amendment No. 7 inadvertently referenced amending Section 3.A of th e Agreement, rather than Section 4(a) of the Agreement, to increase the Maxi mum Compensation amount.
The Parties agree that Section 1 of Amendment No. 7 amended the maximum compensation in Section 4(a) of the Agreement to in crease the Maximum Compensation amount by $424,546.00 for a new Maximu m Compensation of $3,252.657.00; and did not otherwise modify, amend, or revise Section 3 of the Agreement (Termination).
Section 3. Section 4(a) of the Agreement is hereby amended to increase the Maximum Compensation amount by $160,739.00, for a n ew Maximum Compensation of $3,413,396.00.
Section 4. Exhibit A (Scope of Work) of the Agreeme nt is hereby amended by adding the attached Exhibit A of this Amendment No. 8 to the Scope of Services.
Section 5. Exhibit B (Compensation) of the Agreemen t is hereby amended by adding the attached Exhibit B of this Amendment No. 8 to the Approved Fee Schedule.
Section 6. Except as specifically amended by this A mendment No. 8, all other provisions of the Agreement shall remain in full force and effect.
IN WITNESS THEREOF , the Parties hereto have executed this Amendment No. 8 on the day and year of the last authorized re presentative signature shown below.
[SIGNATURE PAGE FOLLOWS ]
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The Parties, through their duly authorized represen tatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Manhattan Beach,
a California municipal corporation
By:
Name: Bruce Moe
Title: City Manager
ATTEST:
By:
Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:
By:
Name: Steve S. Charelian
Title: Finance Director
APPROVED AS TO CONTENT:
By:
Name: Erick Lee
Title: Public Works Director
Consultant:
HDR Engineering, Inc.,
a Nebraska corporation
By:
Name: Thomas T. Kim___________
Title: Sr. Vice President__________
By:
Name:
Title:
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EXHIBIT A
SCOPE OF ADDITIONAL SERVICES ADD BY AMENDMENT NO. 8
Work under this Amendment No. 8 consists of continued professional services for: (1) project management and coordination; (2) design services during construction (DSDC); (3) generating record drawings; and (4) environmental compliance and closeout.
The additional work includes the following tasks:
Task Description Amount
1 Project Management and Coordination Support $32,6 97
2 Design Services During Construction $78,138
3 Record Drawings $33,904
4 Environmental Compliance Closeout $16,000
Total $160,739
Specific efforts corresponding with each task are further discussed below:
TASK 1: PROJECT MANAGEMENT & COORDINATION SUPPORT
Budget is requested to continue project management and coordination activities during the construction phase and closeout of the project, as follows:
Support the City with on-going project coordinatio n, conduct various correspondences and meetings with City staff and Construction Manager (CM), including conference calls, e-mails, and in-person meetings, as required Document Control
Manage and coordinate team/subconsultant progress and submittals Prepare Monthly Progress Reports and Invoices
Assumptions
August 2022 Substantial construction completion
Six-month project close out and punch list support
Deliverables
Meeting correspondence and emails
Monthly Progress Reports and Invoices
TASK 2: DESIGN SERVICES DURING CONSTRUCTION (DSDC)
An increase in budget is requested to support the City, as follows:
Task 2.1 - Site Visits
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HDR will visit the site to observe construction and/or review field conditions that may require a design change. HDR will attend a post-construction project walk through after construction of major design features.
Assumptions
One senior roadway engineer making three site visi ts (eight hours per visit) 90-mile round trip mileage
Deliverables
Field Notes and observations
Task 2.2 - Submittal and Shop Drawing Reviews
HDR Team will review contractor-prepared shop drawings, product submittals and certificates of compliance and make a recommendation for action. Review action will conform to the project special provisions. The review performed by the design team will be only for conformance with the information provided in the Contract Documents.
Approvals or other actions suggested by HDR will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs.
HDR will review submittals, recommend submittal action, and return submittals to the CM within ten (10) working days. HDR will retain one (1) copy of each submittal for its records.
Assumptions
Up to 5 submittals, 1 person equivalent for 8 hour s per submittal on average
Deliverables
Submittal and Shop Drawing reviews
Task 2.3 – Request for Information (RFIs)
HDR team will review and respond to RFI's forwarded from the CM within five (5) working days.
Assumptions
The level of effort and support provided will be c ommensurate with the available budget for this task
Assume up to 5 RFIs, 1 person equivalent for 8 hou rs per RFI on average
Deliverables
RFI responses in electronic PDF format
Task 2.4 - Issue Design Revisions
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HDR Team will prepare revisions to design plans and technical specifications as directed by the City or the CM. Such design revisions may be in response to actions required by an RFI, an unforeseen site condition, value-engineering, etc. Design revisions will be annotated in a manner directed by the CM. Design revisions will be transmitted in PDF file format to the City and the CM.
Assumptions
The level of effort and support provided will be c ommensurate with the available budget for this task
Deliverables
Revised design plans and technical specifications
Task 2.5 - Attend Construction Meetings
HDR will participate in construction coordination meetings with the City and CM via teleconference on an as-needed basis. HDR will also be available to attend more focused meetings in-person or via teleconference for a specific discipline as requested by the City and/or the CM.
Assumptions
HDR will have one senior level representative and one structures representative attend up to 5 meetings/conference calls (2 hours each) as requested by the City and/or CM
In-person meetings will be coordinated in conjunct ion with Task 2.1
Task 2.6 - Support Contract Change Order Negotiations and Claims HDR will support construction contract change order negotiations and potential claims by the contractor when requested.
Assumptions
The level of effort and support provided will be c ommensurate with the available budget for this task
Task 2.7 – Punchlist Support
HDR will participate in a job walk following ‘substantial completion’ of construction of the Project. A construction close-out Punchlist will be prepared by the CM with support by HDR, if requested.
Assumptions
Punchlist will be prepared by CM
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The job walks will be broken out into discipline o r stakeholder specific meetings, HDR’s attendance will be determined based on the subject matter of each meeting
HDR will participate in up to four Punchlist meeti ngs with an average of no more than one HDR team member at each meeting
The level of effort and support provided will be c ommensurate with the available budget for this task
TASK 3: RECORD DRAWINGS
Upon completion of the project construction, HDR will provide record drawings of the project.
Task 3.1 Record Drawings to City and Caltrans
Record drawings will be provided to the City and Caltrans for their records. The scope for this task is identical to Task 3.1 under Amendment 7 and is carried over to this amendment.
Assumptions
HDR will receive complete redline mark-ups from bo th the CM and the Contractor to use in the development of record drawings
Electronic files will be provided in PDF and nativ e file formats The level of effort and support provided will be c ommensurate with the available budget for this task; assumes updates to 40 sheets at 4 hours/sheet on average
Deliverables
Final Record Drawings to City and Caltrans - 1 har d copy each and 1 electronic copy each
TASK 4: ENVIRONMENTAL COMPLIANCE CLOSEOUT
HDR will provide throughout the duration of the project the following:
Task 4.1 – Environmental Compliance Monitoring
GPA Consulting (GPA) will provide the following environmental compliance monitoring services. The scope for this task is identical to Task 4.1 under Amendment 7 and is carried over to this amendment.
Quarterly tracking to confirm that the environment al commitments are being implemented.
Following the construction period, GPA will prepar e a Certificate of Environmental Compliance (CEC), in accordance with Chapter 39 of the Caltrans
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Standard Environmental Reference (SER) and will submit the CEC to Caltrans to document the environmental compliance efforts.
GPA will update the Environmental Commitments Reco rd (ECR) at the end of the construction period, as needed.
Upon project closeout, GPA will attach the complet ed ECR, along with the appropriate verification documents, to the CEC as evidence that Caltrans’ environmental compliance obligations have been met.
Assumptions
CM will provide environmental commitment complianc e, monitoring and tracking throughout the construction duration.
CM will provide monthly progress updates to HDR/GP A on the status of implementation for each environmental commitment.
CM will compile any documentation that is being us ed to verify compliance with the environmental commitments (e.g., checklists, meeting minutes, monitoring reports, notices, etc.) and provide the verification documents to HDR/GPA.
Deliverables
Certificate of Environmental Compliance
Updated Environmental Commitments Record
The attached fee proposal provides a detailed breakdown of HDR’s costs, indicating the estimated number of hours and associated fee for each work element, in addition to the assumptions provided below.
Assumptions
The assumptions listed below are in reference to the amendment items listed above:
1. Services encompassed with this amendment would b e delivered on a time-and- materials basis up to the amendment limit. It is assumed that HDR and the City will come to a reasonable agreement as to the scope and fee for any additional effort beyond this amendment.
2. Any further delays beyond the timeframes indicat ed above that would affect the construction duration after this amendment is approved are not covered in this amendment. It is assumed that HDR and the City will come to a reasonable agreement as to the scope and fee for the additional effort.
3. HDR’s observation or monitoring of portions of t he work performed under construction contracts shall not relieve construction contractor(s) from responsibility for performing work in accordance with applicable contract documents. HDR shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work
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and shall not manage, supervise, control or have charge of construction. HDR shall not be responsible for the acts or omissions of construction contractor(s) or other parties on the project.
4. Services encompassed with this amendment are exc lusive of right-of-way closeout, property transfers, and/or other right-of-way secondary actions required for the project.
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EXHIBIT B
FEE SCHEDULE FOR SERVICES ADD BY AMENDMENT NO. 8