OAK #4818-2196-0582 v1
MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this 30th day of November, 2021, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and GHD, Inc.[a corporation] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires On-Call Coastal & Marine Engineering Services in connection with the Pacifica Pier;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Services. CONSULTANT agrees to furnish services pursuant to a Task Order in the form set forth in Exhibit A, Task Order, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
ATTACHMENT A
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with the rate and schedules specified in a Task Order.
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment under a Task Order until the Services provided under that Task Order are complete and CITY has received all Documents. CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until December 31, 2024 (the "Term").
Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and CONSULTANT. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Lisa Petersen, P.E. its Director of Public Works as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULTANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates Craig Lewis, P.E.
Principal-in-Charge, as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: City Manager
540 Crespi Dr
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: Craig Lewis, P.E. Principal-in-Charge 655 Montgomery St., Suite 1010 San Francisco, CA 94111
(415) 296-3605 [email protected]
MISCELLANEOUS
6.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
6.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.
6.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
6.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
6.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
6.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
6.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.
6.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
6.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
6.10. Attorney’s Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
6.11. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
6.12. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
6.13. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF PACIFICA
By: Date ____
Kevin Woodhouse, City Manager
CONSULTANT: GHD, Inc.
By: Date
Craig Lewis, P.E. Principal-in-Charge
Attest:
By: ___________________________
Sarah Coffey, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
EXHIBIT A
TASK ORDER
EXAMPLE OF
TASK ORDER NO. ________
CITY OF PACIFICA
AND
__________________________
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct _______________ to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and _______________ (“CONSULTANT”) hereto dated ________________ (“MASTER AGREEMENT”)
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed ____________________ ($____________) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by _________________ or as extended in writing by the City Manager.
SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this _______ day of _____, _______.
[Signatures on Next Page]
CITY OF PACIFICA
By: Date
___________, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
_______________________________
By: Date
By: Date
ATTACHMENT “A”
SCOPE OF SERVICES
ATTACHMENT “B”
COMPENSATION
OAK #4818-2196-0582 v1
TASK ORDER NO. 1
CITY OF PACIFICA
AND
GHD, Inc.
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct GHD, inc. to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and GHD, Inc. (“CONSULTANT”) hereto dated October 24, 2022 (“MASTER AGREEMENT”)
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed one hundred sixty seven thousand two hundred and fifty two dollars ($167,252) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by May 2023 or as extended in writing by the City Manager.
SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this _______ day of _____, _______.
[Signatures on Next Page]
CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
_______________________________
By: Date
By: Date
ATTACHMENT “A”
SCOPE OF SERVICES
GHD Inc.
669 Pacific Street, San Luis Obispo, CA, 93401, USA | www.ghd.com October 19, 2022
Ryan Marquez, PE
Project Manager
City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
Re: Scope of Services for City of Pacifica Municipal Fishing Pier Condition Assessment (revised 2022)
Dear Ryan,
GHD is pleased to provide this updated proposal in response to the City of Pacifica’s (City) request to complete a structural condition assessment of the Pacifica Municipal Fishing Pier, including the pier abutment structure. We estimate that GHD can deliver the final report for the condition assessment within 18 weeks of the receipt of a Notice to Proceed.
GHD is in a unique position to provide these services for the City, having recent direct involvement and insight into the 2020/2021 Pier and Pier abutment failures and Pier guardrail condition assessment. GHD is also supporting the City with the design of the Beach Boulevard Infrastructure Resiliency Project (BBIRP), which will include design of a new Pier abutment wall and connections to the new Beach Boulevard shore protection structure. GHD’s Maritime & Coastal group includes local specialist marine structural engineers who we propose to complete this work.
An outline of GHD’s proposed scope of services is provided in Section 2 and the estimated T&M fee is provided in Section r.
1 Background
The Pacifica Municipal Fishing Pier (Pier) requires periodic structural condition assessments to evaluate the structural integrity of the Pier and for forward maintenance planning. Recently the Pier and Pier abutment sustained damage in winter storms during December 2020 and January 2021 (Figure 1). It is believed that the damage was caused by large waves and/or strong winds. This recent damage has emphasized the need for an up-to-date structural condition assessment. The Scope of Services is to support the City by completing a structural condition assessment and providing recommendations for next steps. 2 Figure 1 – Recent Pier Handrail Failure (Photo January 2021) 2 Proposed Scope of Services for the Pier Abutment Condition Assessment GHD proposes to provide the following scope of services to complete a structural condition assessment and provide recommendations for the Pier abutment and structure, including sub structure above highwater level, superstructure, and underwater structure. The final deliverable will be a comprehensive report that includes the assessment and recommended remediation options.
Task 1 – Project Management
Scope
a. Project and job safety setup
b. Project coordination
c. Progress Meetings and reporting
d. Invoicing
Deliverables
a. Meeting records
b. Project progress memorandums and invoices
Schedule
a. For the duration of the project
3 Task 2 – Pier Abutment Site Inspection
Scope
a. Review existing Pier and Pier abutment documents
i. The original “Ocean Fishing Pier & Sewer Outfall” design drawings, pier abutment repairs and pier superstructure and pile repair as-built drawings are available to GHD. We understand the City is in possession of other Pier related design drawings and will request these upon commencement of the project.
b. Perform Visual Inspections
i. Perform in-person visual inspection of the Pier abutment c. Pier Abutment Concrete Inspections
i. Perform coring (up to 8 cores) vertically through the deck surface for the purpose of detecting voids between the underside the concrete deck and the deck bedding material.
Recent failures at the Pier abutment warrant this testing. Coring locations will be spread around the Pier Abutment.
ii. Perform coring/drilling vertically through the Pier abutment deck at the south sheetpile wall for the purpose of detecting voids, or the potential for voids, between the sheetpile wall face and the material behind the wall. Drilling would aim to penetrate until the hard pan founding layer is reached. The number of drill/core penetrations through the Pier wall will be dependent on access. GHD anticipates 2 personnel visiting the site to complete visual inspections and 1 person onsite while subconsultants and subcontractors are completing Pier abutment deck coring (1 day) and Pier abutment south wall drilling (1 day).
Deliverables
a. Field notes, video, and imagery
Schedule
a. Completed within 6 weeks of Notice to Proceed
Task 3 – Pier Structure Site Inspection
Scope
a. Review existing Pier documents relating to the pier structure b. Perform Visual Inspections
i. Perform in-person visual inspection of the Pier deck ii. Perform UAV (drone) high-definition video inspection of exterior faces of the above water Pier structure and Pier abutment
iii. Perform video inspection of box girder interior, to the extent possible (without person-entry to the confined space). GHD will utilize 360-degree video camera mounted on extendable poles to capture box girder interior condition.
iv. GHD anticipates 2 personnel visiting the site to complete visual inspections. c. Pier Deck Delamination Check
i. Chain drag will be performed on the Pier deck top surface to check for concrete surface delamination.
4 ii. If any location is suspected to have undergone delamination, concrete will be sounded by hammer to determine the extent of deterioration and measurements will be recorded. d. Pier Deck/Box Girder Concrete Inspections - OPTIONAL i. Perform coring (up to 3 cores) vertically through the deck surface for the purpose of visual inspections and taking core samples for testing. Cores will be tested for unconfined compressive strength and chemical testing. Coring is anticipated to be completed in 1 day. ii. If the Pier Deck Delamination check results give cause for concern, GHD may recommend core sampling of the box girders. It is anticipated, if needed, the cost for this additional task will be in the order of $5,000 - $7,000, which is not included in the fee proposed below.
Deliverables
a. Field notes, video, photographs and aerial imagery
Schedule
a. Completed within 6 weeks of Notice to Proceed, noting conditions may limit UAV/drone flight.
Task 4 – Underwater Inspection
Scope
a. Review existing Pier documents relating to the underwater structure b. Perform underwater inspection of precast concrete piles supporting the Pier i. Level I below-water visual and tactile inspection of 100% of the concrete piles from the mudline to the MHW mark
ii. Level II cleaning and close visual and tactile inspection at mudline, mid-water, and tidal zone on 10% of the piles (approximately 5 piles)
iii. Underwater inspection to be performed by Sea Engineering, Inc. using Surface Supplied Diving personnel, techniques, and equipment. SEI proposes to utilize a four-person dive time for the underwater inspection.
iv. GHD anticipates 1 person onsite while subconsultants and subcontractors are completing the underwater inspection.
Deliverables
a. Underwater inspection report
b. Field notes, video, and photographs
Schedule
a. Underwater inspection to take place over 3 consecutive days, weather and wave conditions dependent.
b. Completed within 10 weeks of Notice to Proceed, noting that completion of the underwater inspection is highly dependent weather and ocean conditions. 5 Task 5 – Pier Condition Assessment Report
Scope
a. Describe existing conditions of the Pier abutment and structure b. Describe findings of inspections
c. Discuss structural issues and consequences, if any
d. Provide recommendations
i. including concept level repair sketches
ii. prioritized list for repairs
iii. budgetary opinion of construction cost
iv. Utilize Bill Cooke, maritime construction subconsultant, who was the contractor’s project manager for the original pier construction, for constructability and costing advice.
Deliverables
a. Pier structural condition assessment report
b. Video and photo data from inspections
c. Reports from subcontractors
d. UAV survey outputs, including imagery, video and 3d model in an AutoCAD compatible format e. All deliverables will be provided in digital format only i.e. no hard copies Schedule
a. 4 weeks to complete draft report following completion of all site inspections b. 2 weeks for City review
c. 2 weeks to finalize report
d. 8 weeks total
3 General Assumptions & Exclusions
a. The City will provide GHD with access to the Pier to complete inspections, and will close the Pier and abutment to the public while work is being completed b. The City will provide all pertinent as-built information for the Pier and Pier abutment c. Inclement weather or ocean conditions could cause safety issues for inspection in which case GHD’s schedule may increase in duration
d. Flight conditions will dictate the timing for the UAV/drone inspection work. If unsuitable weather is experienced for a long duration it may affect the schedule for delivery of the final inspection report. e. Ocean conditions will dictate the timing for the underwater inspection work. If unsuitable weather is experienced for a long duration it may affect the schedule for delivery of the final inspection report. f. GHD will adhere to agency guidelines and requirements related to COVID-19. If such restrictions prevent GHD from accessing the Pier, GHD’s schedule may increase in duration g. All deliverables will be provided in electronic format i.e., GHD does not anticipate providing hard copy reports or drawings etc.
h. City will locate and mark location of utilities at Pier abutment prior to deck coring i. GHD’s sub-contractors will fill all cored/drilled holes with low-shrink grout, or similar j. No inspections from the water i.e. no boats will be used 6 k. No physical entry into box girders (i.e. OSHA confined space work) l. No concrete rebar X-Ray will be completed
m. No vertical load capacity assessment
n. No seismic evaluation
o. If unforeseen conditions and hardships in coring through existing deck and wall delays the progress, additional time of subcontractor effort (at daily rate) may be required to get the minimum data. While we do not anticipate an increase in effort, we note a minimum of 8 core locations should be completed on the Pier deck. The drilling contractor will dedicate 1 day of drilling to drilling down through the wall, with a minimum of 2 holes anticipated and up to 4 will be sufficient. p. GHD’s subcontractor will fill drilled holes with grout. If existing voids are encountered GHD will coordinate with the City on how, or if, these should be filled. Void filling may require significant material, the volume is unknown at this time, and may require pressure grouting. q. In the case that GHD’s inspection finds significant structural defects during above water inspection GHD may recommend additional inspection and physical testing for spalling and delamination of the pier box girder. To complete inspection and physical testing around and under the box girder a telehandler / under bridge inspection unit and two to four personnel. Additional cost will need to be determined based on the scope of additional inspection, at this time we estimate the additional cost to be in the order of $20,000 to $60,000 for labor, equipment and additional reporting. Breakdown of the estimate of potential additional inspection is provided in Attachment 1. r. In the case that GHD’s inspection finds significant structural defects during underwater inspection GHD may recommend Level II inspection on additional piles. At this time, we estimate the additional cost to be in the order of $25,000 (1/3rd for piles) to $75,000 (all piles) for labor, equipment, subcontractors and additional reporting. GHD dive subcontractor estimates additional Level II inspection can be completed on 5 piles per day, at a cost of $8,834/day, plus GHD supervision of $1,785/day. Breakdown of the estimate of potential additional inspection is provided in Attachment 1. 7 4 Proposed Fee
GHD proposes to complete the scope of services outlined in above on a Time and Materials (T&M) basis utilizing GHD’s current standard rates for 2022. If the above tasks are to be completed more than 12 months after the date of this proposal GHD requests the opportunity to increase rates based on our standard annual increases.
GHD will provide the above-described scope of services using City of Pacifica On-Call rates. The estimated fee for each of the project tasks is shown below, with a breakdown of the estimated fee attached.
4.1 Pacifica Municipal Fishing Pier Condition Assessment Fee Proposal Task 1 - Project Coordination $ 4,701
Task 2 – Abutment Site Inspection $ 46,319
Task 3 – Pier Structure Site Inspection $ 21,302
Task 4 – Underwater Dive Inspection $ 61,927
Task 5 – Pier Condition Assessment Report $ 33,003
Total $ 167,252
4.2 Additional Services
Following completion of the above scope GHD structural engineers can also provide repair designs, which can be quantified to develop an Opinion of Probable Construction Cost for repairs to assist the City in financial planning and seeking funding, if available. Structural repair design services could potentially be delivered under either of the structural engineering or maritime and coastal engineering on-calls. 5 Closing
We have developed the above scope based on our understanding of the work required. If the City prefers a different or amended scope, we will welcome a discussion to better understand the City’s needs.
As always, we appreciate the opportunity to support the City of Pacifica. Please do not hesitate to contact me via email ([email protected]) or telephone (805-468-9927) if you have any questions.
Sincerely,
Paul Henderson
Project Manager
cc: Craig Lewis, GHD Principal & Senior Structural Engineer Satish Chilka, Senior Structural Engineer
ATTACHMENT “B”
COMPENSATION
Client: City of Pacifica
Project Name:Prepared by: Paul HendersonReviewed by: Craig LewisJob Number: TBDDate: 10/7/22 LABOR CATEGORY > Proj. Dir. Proj. Man. Proj. Eng. Sr. Struct. Eng. Staff Struct. Eng. CADD Off. Admin.
Personnel > Lewis Henderson Linsley Chilka Brutzman CADD Admin.
RATE > 269.00 $ 207.00 $ 181.00 $ 233.00 $ 166.00 $ 170.00 $ 140.00 $ Phase / Work Item /Hr /Hr /Hr /Hr /Hr /Hr /Hr
Pier Abutment Condition Assessment
1 16 8 25 4,701.00 $ $ 4,701.00
1 16 0 0 0 0 8 25 4,701.00 $ - $ - $ - $ 4,701.00 $
1 2 4 7 1,337.00 $ $ 1,337.00
2.4 Pier Abutment Inspections (GHD Staff Oversight) 10 22 32 5,982.00 $ $ 5,982.00
2.5 Pier Abutment Inspection (Drill Sub - Eleven Engineering) 0- $ 35,000.00 $ 3,500.00 $ 38,500.00 $ 0- $ 500.00 $ 500.00 $
0 1 0 12 26 0 0 39 7,319.00 $ 500.00 $ 35,000.00 $ 3,500.00 $ 46,319.00 $ 1 2 4 7 1,337.00 $ $ 1,337.00
3.2 Perform Visual Inspections (UAV Sub - New Age Designs) 16 16 3,728.00 $ 8,275.00 $ 827.50 $ 12,830.50 $
3.3 Pier Deck Delamination Check 16 16 32 6,384.00 $ $ 6,384.00 0- $ 500.00 $ 500.00 $ 0- $ 250.00 $ 250.00 $
0 1 0 34 20 0 0 55 11,449.00 $ 750.00 $ 8,275.00 $ 827.50 $ 21,301.50 $ 1 2 4 7 1,337.00 $ $ 1,337.00
4.2 Pier Underwater Inspection (Dive Sub - Sea Engineering) 24 24 4,344.00 $ 50,224.00 $ 5,022.40 $ 59,590.40 $ 0- $ 1,000.00 $ 1,000.00 $
0 1 24 2 4 0 0 31 5,681.00 $ 1,000.00 $ 50,224.00 $ 5,022.40 $ 61,927.40 $ 8 1 10 19 3,341.00 $ $ 3,341.00
5.2 Describe findings of inspections 4 24 28 4,916.00 $ $ 4,916.005.3 Discuss structural issues and consequences 1 4 12 17 3,193.00 $ $ 3,193.005.4 Recommendations, including concept level repair sketches. 2 2 4 12 22 42 7,616.00 $ 1,500.00 $ 150.00 $ 9,266.00 $
5.5 Budgetary Opinion of Construction Cost 1 8 4 4 17 3,521.00 $ 1,500.00 $ 150.00 $ 5,171.00 $
5.6 Draft Report 1 1 2 8 2 14 2,550.00 $ $ 2,550.005.7 City Workshop via MS Teams/Zoom (1) 2 2 2 6 1,336.00 $ $ 1,336.005.8 Final Report 1 1 2 8 4 2 18 3,230.00 $ $ 3,230.00 8 12 8 23 80 26 4 161 29,703.00 $ - $ 3,000.00 $ 300.00 $ 33,003.00 $ 9 31 32 71 130 26 12 311 58,853.00 $ 2,250.00 $ 96,499.00 $ 9,649.90 $ 167,252 $ NOTES Total Labor Fees 58,853.00 $ 1 - GHD's standard consumables charge of $6.50/hr is waived. Total Consumables & Direct Costs 2,250.00 $ 2 - (Task 2.5) GHD has allowed for drilling sub contractor to be onsite for 2 days. If drilling occurs faster exploration may be accomplished in 1 day, in which case a fee reduction will be applied. Total Subcontractor Fees 96,499.00 $ 3 - (Task 4.2) GHD has allowed for dive inspection sub contractor to be onsite completing dive inspection for 3 days. Sub contractor has a standby rate of $8,834/day and $1,105/hour. Subcontractor Markup (10%) 9,649.90 $ We do not anticipate sub contractor stand by, it will only be needed in unforseen circumstances. Total Fee Estimate 167,252 $ 4 - GHD will aim for a lower low tide to perform inspections5 - Fee assumes any permitting costs will be covered by the CityTask 5 - Pier Condition Assessment Report5.1 Describe existing conditions of the structure Subtotal
PROJECT TOTALS
Chain Drag Equipment
Subtotal
Task 4 - Underwater Dive Inspection4.1 Review existing Pier and Pier abutment documentsTravel Expenses Subtotal
Travel Expenses
SUBTOTAL
FEES
Task 1 - Project Coordination1.1 Project Management
Subtotal
Task 2 - Abutment Site Inspection2.1 Review existing Pier and Pier abutment documentsTravel Expenses Subtotal
Task 3 - Pier Structure Site Inspection3.1 Review existing Pier and Pier structure documents
SCHEDULE OF ESTIMATED FEES
Professional Services for: Pacifica Municipal Pier Condition Assessment
ESTIMATED LABOR HOURS FEE COMPUTATION
TOTAL EST.
HOURS
TOTAL EST.
LABOR Direct Costs Subcontractors Subcontractor Markup
10/7/2022 Page 1
Client: City of Pacifica
Project Name: Professional Services for: Pacifica Municipal Pier Condition Assessment Contingency Estimates
Additional Underwater Inspection Estimates
Number of pile bents 21
Number of Piles (2/bent) 42
Piles included in propsosal for Level II inspection 5
Potential additional piles 37
Scenario 1 Scenario 2 Scenario 3
% of piles requiring Level II inspection 33% 50% 100%
Daily Rate 8,834.00 $ $ 8,835.00 $ 8,834.00 Piles/day 5 6 5
Piles 12 19 37
days 2 3 7
Dive subs total 21,791 $ $ 27,241 $ 65,372 GHD time 3,572 $ $ 4,465 $ 10,715 GHD and subs combined 25,362 $ $ 31,706 $ 76,087 Additional Above Water Inspection Estimates
Qty Rate Unit Amount
Inspection Unit (man lift) 2 4,400.00 $ week 8,800.00 $ Senior Engineer 100 233.00 $ Hours 23,300.00 $
Engineer 100 166.00 $ Hours 16,600.00 $
Operator 80 150.00 $ Hours 12,000.00 $
Expenses 1 1,000.00 $ LS 1,000.00 $
$ 61,700.00
Notes:
1. GHD has provided a proposal to inspect the pier based on on current understanding of the pier condition as noted in visual inspections from the pier pedestrian area. As inspections are carried out in locations not previously observed conditions may dictate that GHD recommends further inspection.
2. The amounts for additional above are estimates only. The level of effort that may be needed for additional inspection willl be determined during the proposed inspection, based on extents of unanticipated conditions.