AMENDMENT NO. 2 TO CONTRACT NO. C21179265E
BETWEEN THE CITY OF PALO ALTO
AND TANNER PACIFIC, INC.
This Amendment No. 2 (this “Amendment”) to Contract No. C21179265E (the “Contract” as defined below ) is entered into as of June 9, 2025, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ( “CITY”), and TANNER PACIFIC, INC., a corporation, located at 274 Redwood Shores Parkway, Suite 607, Redwood City, CA 94065 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the P arties to provide construction management and inspection services on an on- call, as-needed, time-limited basis in connection with individual projects or inspection tasks at the Regional Water Quality Control Plant (RWQCP), as detailed therein.
B. The Parties entered into Amendment No. 1 to add Task Order No. 1 services (referred to as Work Order No. 4) for construction management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project, and to increase compensation by Eight Hundred Fifty- Two Thousand Four Hundred Ninety -Nine Dollars ($852,499.00), from One Dollar ($1.00) to Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500.00), as detailed therein.
C. The Parties now wish to amend the Contract in order to (1) extend the contract term through June 30, 2026, and to increase compensation by Two Hundred Forty-Five Thousand Ninety-Five Dollars ($245,095.00), from Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500.00) to One Million Ninety-Seven Thousand Five Hundred Ninety-Five Dollars ($1,097,595.00); and (3) to add Exhibit C-2 Schedule of Rates, as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C21179265E between CONSULTANT and CITY, dated June 21, 2021, as amended by:
Amendment No. 1, dated December 11, 2023
Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows:
“The CITY is engaging multiple consultants, including CONSULTANT, that are eligible to respond with proposals to the CITY’s project -specific Task Orders under the process described in Exhibit A. The compensation to be paid to CONSULTANT for performance of t he Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Dollar ($1), unless CITY selects CONSULTANT, according to the process in Exhibit A, to perform services under a Task Order not to exceed One Million Ninety -Seven Thousand Five Hundred Ninety-Five Dollars ($1,097,595.00) over the term of the Agreement. No pre -qualified consultant, including the CONSULTANT under this Agreement, is guaranteed selection or assured of any minimum quantity of work to be performed. In the event CONSULTANT is not selected to provide Services under a Task Order, no payment is due from CITY.
The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” and Exhibit C-2, entitled “SCHEDULE OF RATES, AMENDMENT NO. 2. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
A. The City has selected CONSULTANT to perform Work Order # 4, for construction management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project, in the amount not to exceed Nine Hundred Seventy Thousand Ninety-Five Dollars ($970,095.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expe nses shall not exceed One Million Ninety -Seven Thousand Five Hundred Ninety-Five Dollars ($1,097,595.00).
Optional Additional Services Provision (This provision applies only if checked and a not - to-exceed compensation amount for Additional Services is allocated below under this Section
4.)
In addition to the not -to-exceed compensation specified above, CITY has set aside the not - to-exceed compensation amount of One Hundred Twenty -Seven Thousand Five Hundred Dollars ($ 127,500.00) for the performance of Additional Services for Work Order 4 (as defined below). The total compensation for performance of the Basic Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed One Million Ninety-Seven Thousand Five Hundred Ninety-Five Dollars ($1,097,595.00).
Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in a Task Order issued under Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Sec tion. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”.
Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for Additional Services shall be specified by CITY in the Task Order, based on
whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter -signature by the CITY Project Manager), the fully exec uted Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSUL TANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section
4. Performance of and payment for any Additional Services ar e subject to all requirements and restrictions in this Agreement.”
SECTION 3. The following exhibit(s) to the Contract are hereby amended, as indicated below, to read as set forth in the attachment(s) to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A-2” entitled “PROFESSIONAL SERVICES TASK ORDER NO. 1, AMENDMENT NO. 2” (AMENDED, REPLACES PREVIOUS).
b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2” (AMENDED,
REPLACES PREVIOUS)
c. Exhibit “C” entitled “ COMPENSATION, AMENDMENT NO. 2 ,” (AMENDED, REPLACES PREVIOUS).
d. Exhibit “C-2” entitled “SCHEDULE OF RATES, AMENDMENT NO. 2” (ADDED) .
Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorporation of Recitals . The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
______________________________
City Manager or Designee
APPROVED AS TO FORM:
______________________________
City Attorney or Designee
TANNER PACIFIC, INC.
Officer 1
By:______________________________
Name:___________________________
Title:____________________________
Officer 2
By:______________________________
Name:___________________________
Title:____________________________
Attachments:
Exhibit “A- 2”: PROFESSIONAL SERVICES TASK ORDER NO. 1, AMENDMENT NO. 2 (AMENDED,
REPLACES PREVIOUS)
Exhibit “B”: SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2 (AMENDED, REPLACES
PREVIOUS)
Exhibit “C”: COMPENSATION, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS) Exhibit “C-2”: SCHEDULE OF RATES, AMENDMENT NO. 2 (ADDED)
Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 President/CEO
William Tanner
Accounting Manager
Kathryn Tanner
EXHIBIT “A-2”
PROFESSIONAL SERVICES TASK ORDER NO. 1, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS)
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO. C21179265E
1A. MASTER AGREEMENT NO.: C21179265E
1B. TASK ORDER NO 1: Work Order No. 4 for Construction Management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project
2. CONSULTANT NAME: Tanner, Pacific, Inc..
3. PERIOD OF PERFORMANCE:
START: Immediately Once Notice to Proceed (NTP) is Issued; COMPLETION: On or before June 30, 2026
4 TOTAL TASK ORDER NO. 1 PRICE: $970,095
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT: $0
5. WBS/CIP: WQ-24000-080
6. CITY PROJECT MANAGER: Siew Ching Chin, Public Works Department, Environmental Services Division, RWQCP
7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE:
Services and Deliverables to Be Provided
Schedule of Performance
Maximum Compensation Amount and Rate Schedule (As Applicable) Reimbursable Expenses, If Any (With “Not to Exceed” Amount)
8. ATTACHMENTS: Task Order No. 1 Scope of Services, including Schedule of Performance and Compensation Schedule
TASK ORDER NO.1 SCOPE OF SERVICES (REVISED WITH AMENDMENT NO. 2)
WORK ORDER NO. 4: CONSTRUCTION MANAGEMENT OF THE JOINT INTERCEPTING SEWER REHABILITATION PHASE 1 PROJECT
Task 1: General Requirements/ Project Management
1. For any work which requires licensing, the CONSULTANT shall be appropriately Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
licensed in accordance with the laws of the State of California. The cost for any required licenses or training shall be the responsibility of the CONSULTANT and shall not be expensed as part of this contract.
2. Special requirements:
a. Project Manager shall have a minimum of 15 years of relevant construction management experience.
b. Resident Engineer shall have a minimum of 5 years of construction management, cured-in-place pipe ( CIPP), and confined space entry experience.
c. Staff’s related construction experience (years and projects) shall include:
i. Minimum 5 years of demonstrated experience in large diameter pipeline rehabilitation projects using CIPP lining, coordinating wastewater treatment facility process shutdowns, and overseeing high-volume bypass operations. NASSCO CIPP lining inspector certification is required. Municipal wastewater treatment operations experience is a bonus.
ii. Minimum 5 years of demonstrated experience in inspection of concrete repairs, surface preparations and coating applications. iii. Minimum 5 years of demonstrated experience in inspection of high - density polyethylene (HDPE) pipe fusion and installation. d. During construction when there is a need to replace the proposed personnel, CONSULTANT shall submit the associated resume and minimum two references (names, agencies, email addresses, and phone numbers) for each of their proposed Project Manager, Resident Engineer, and specialty inspectors for HDPE pipe fusion and CIPP lining for City Project Manager’s review and approval.
3. CONSULTANT shall prepare and submit to the City a Project Management Plan to include schedule; budget; spending projection and staffing level for each month for the duration of the contract term; personnel roles and construction management procedures. CONS ULTANT shall provide all necessary administration, project controls, quality assurance and professional oversight to ensure that:
a. the project remains on schedule, within budget, ensures continuity of information, and satisfies the requirements of the CONTRACT. b. the construction project is progressing per construction contract’s requirements.
4. At the beginning of each month, CONSULTANT shall prepare and submit to the City Project Manager a monthly invoice package. The City prefers processing CONSULTANT pay requests that cover one calendar month. Invoices of two different fiscal years (e.g., June 2024 and July 2024) shall not be combined. Monthly invoice packages shall include the cost incurred during previous month including subconsultant cost and expenses, and a progress report documenting progress.
The report shall include the progress by each task, the budget status (authorized Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
amount, current billing, billed to date, previously billed, amount remaining, and percent spent), outstanding issues, potential changes, project schedule and schedule impacts. CONSULTANT shall identify and mitigate potential budget overruns; and notify CIT Y Project Manager as soon as the potential overrun is identified.
Task 2: Preconstruction Phase
1. Administration
a. CONSULTANT shall propose a project administration procedure, including an online document management/ tracking system, for CITY approval. The administration procedure will detail how the CONSULTANT will track, store, distribute, and manage digital and hard copy correspondence and project documentation and strategy for managing project communications. b. CONSULTANT shall establish and maintain a health and safety plan specific for CONSULTANT’s staff and subconsultants. Include confined space training certificates, as applicable. Submit a copy for City’s record. During construction activities, CONSULTANT shall follow CONTRACTOR(S)’s health and safety plan(s), if it is more stringent.
2. Field Office Setup
a. CONSULTANT shall organize the hardcopy and digital files for the project prior to commencement of construction and coordinate with the CITY and CONTRACTOR for office space set-up.
b. CITY will designate a location for the office space and provide utility connection points.
3. Preconstruction Activities
a. Site Walk Observations and Documentation
i. CONSULTANT shall conduct preconstruction inspections, documenting conditions in a log and providing digital photographs and video(s).
b. Preconstruction Submittals
i. CONSULTANT shall develop a list of CONTRACTOR pre -construction submittals.
ii. CONSULTANT shall review CONTRACTOR’s pre -construction submittals, schedule of values, request for substitution (if any), and preliminary schedule.
Task 3: Construction Phase
1. Construction Administration
a. Project Coordination
i. CONSULTANT shall act as the project coordinator and the point of contact for all communications with the CONTRACTOR. The Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
CONSULTANT shall coordinate construction activities with the CITY, ENGINEER, and CONTRACTOR. CONSULTANT’s responsibilities include conduct meetings with the ENGINEER to review progress, coordinate evaluations and identify information needs; disseminate information to the design team; manage the project budget; manage the project schedule; manage sub-consultants; manage QA / QC team;
Coordinate communications with other ongoing projects’
construction managers to facilitate the construction of ongoing projects and continuous Plant operations.
ii. CONSULTANT shall provide a contact phone number to respond to issues related to construction activity or coordination, 24 hours a day, 7 days a week.
b. Document Tracking System: CONSULTANT shall establish, implement and maintain an online system for tracking all correspondence and documents on the Project or shall adopt a project administration procedure previously approved by CITY. CONSULTANT shall incorporate within the tracking system the means to track the routing of submittals/RFIs to the CITY’s other consultants.
c. Construction Administration Services: CONSULTANT shall provide administrative and management services. The CONSULTANT shall receive all correspondence from the CONTRACTOR and address all inquiries from the CONTRACTOR and construction related correspondence . The ENGINEER will be responsible for providing design input.
2. Meetings:
a. CONSULTANT shall prepare agenda for kick -off meeting, weekly progress meetings and other construction/technical meetings required during the term of the Project. CONSULTANT shall preside the meetings, address administrative and non -design issues, and prepa re meeting minutes for distribution. CITY, ENGINEER and CONTRACTOR’s team will attend the meeting. The ENGINEER will address design issues. CONSULTANT shall have all pending decisions detailed for the meetings as well as project statistics (schedule update s, risks as identified by risk register, percent of project complete, near-term milestones, etc.).
b. Anticipated Meetings
i. Construction kick-off meeting
ii. Weekly progress meetings
iii. As-needed technical meetings with CITY, ENGINEER, CONTRACTOR and manufacturer’s representative(s) to discuss manufacturers’ requirements and resolve equipment and/or installation issues. iv. Project punch list and close-out Meeting
v. As-needed coordination meetings with other ongoing projects’ Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
construction managers and the City (as part of a separate subtask)
3. Submittals
a. CONSULTANT shall use the online document tracking system to log and coordinate the submittal process.
b. CONSULTANT shall receive the submittals, including CONTRACTOR’s red - line drawings, from the CONTRACTOR and check the submittals for completeness and general conformity with the Construction Contract requirements. If obvious deficiencies are apparent in the submittal, the CONSULTANT shall reject and send the submittal back to the CONTRACTOR for correction prior to sending the submittal to the ENGINEER.
c. Once deemed acceptable, CONSULTANT shall route the submittals to the ENGINEER for review and shall route the reviewed submittal back to the CONTRACTOR. The CONSULTANT shall review comments on the submittals to determine if additional follow -up with the CON TRACTOR and/or ENGINEER is warranted and to identify any scope changes. d. CONSULTANT shall coordinate the ENGINEER’s submittal review and track the status of shop drawing resubmittals with the CONTRACTOR. e. CONSULTANT shall review the submittals for progress schedule, health and safety plan, temporary facilities, construction sequencing, conduit/pipe layout plan, manufacturer/ applicator/ installer’s certificates, and other non-technical submittals.
f. CONSULTANT shall review temporary facilities submittals for operability as well as conflicts with other ongoing projects’ active and/or proposed construction.
4. Request for Information/Clarification Process
a. CONSULTANT shall utilize the online document tracking system for processing requests for design clarifications.
b. CONSULTANT shall receive all requests for information (RFIs) from the CONTRACTOR and determine if the request is a valid RFI; i. If valid, ENGINEER will review the RFIs and provide design response. CONSULTANT shall review the ENGINEER’s response, verify acceptability of response and transmit the Clarification Response to the CONTRACTOR.
ii. If not, CONSULTANT shall return the RFI to the CONTRACTOR with justifications.
c. CONSULTANT shall provide a response within 10 working days to the CONTRACTOR for any administrative, field condition specific and general RFI.
d. ENGINEER shall prepare Design Clarifications where design issues are identified by the CONSULTANT, ENGINEER, or CITY. CONSULTANT shall prepare the Clarification Letter for transmittal to the CONTRACTOR of the Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
ENGINEER’s Design Clarification and other clarifications. e. CONSULTANT shall work with the CITY Project Manager to maintain an Error and Omission Log to document change orders, RFIs and RFCs that are a result of ENGINEER and CONTRACTOR errors in design and construction, respectively. The log shall record the hours spent by the ENGINEER to respond to the RFIs/ RFCs and associated cost impact to the construction.
CONSULTANT shall identify potential error & omission and notify ENGINEER to track their hours when responding to RFIs and/or preparing design change document. CITY may seek reimbursement from the ENGINEER and/or CONTRACTOR.
5. Change Order Preparation, Negotiation & Processing
a. CONSULTANT shall review all change order requests (either initiated by the CITY or by the CONTRACTOR).
i. CONSULTANT shall utilize the online document tracking system to log, track, and process changes.
ii. CONSULTANT shall maintain Change Event files. These files shall compile all data related to specific items that arise that may have cost or time impacts or neither.
b. CONSULTANT shall judge the validity and/or merits of all CONTRACTOR initiated change order requests. CONTRACTOR initiated change orders deemed unnecessary, or not substantiated by a deficiency in the construction documents shall be returned to CONTRACTOR unapproved with an explanation.
c. CONSULTANT shall negotiate change orders with the CONTRACTOR, considering impact to the schedule, as well as, reasonableness of cost, and impact to total project budget. Consultant shall calculate and determine a reasonable cost for each additive or deduct ive change order based on City’s guidelines set forth in the Construction Contract’s General Conditions. Inform City of all potential cost and schedule changes. d. CONSULTANT shall prepare an independent cost estimate and/or verify the acceptability of the CONTRACTOR’s cost proposal for each change order request. At CITY’s discretion, ENGINEER’s opinion may be requested for specific equipment and material costs.
e. CONSULTANT shall prepare change orders using CITY’s procedure for execution by the CITY and CONTRACTOR.
i. CONSULTANT shall prepare a Change Order Memorandum, if requested by the CITY, to provide additional background discussion for need of the change and reasonableness of cost and schedule impact.
ii. ENGINEER shall prepare design details for change requests as needed. CONSULTANT to coordinate schedule and distribution of design details.
Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
iii. CONSULTANT shall prepare, and issue approved change order requests to the CONTRACTOR with the appropriate design
documents as directed by the CITY.
f. In the event the CONTRACTOR encounters a time sensitive problem where time is not available to negotiate a settlement, CONSULTANT shall issue a field order in accordance with the City’s procedures.
i. All work done under a field order shall be completed on a time and material basis. CONSULTANT shall track actual time and material expended for the field order work. Document all allowable costs (labor, equipment, material, etc.) daily. CONTRACTOR shall field - verify quantity and document CONTRACTOR’s extra work activities on an hourly basis, as applicable, so that change order requests can be verified accordingly.
ii. Field orders shall be reviewed and approved with the CITY prior to issuance.
6. Documentation of Environmental Compliance
a. CONSULTANT shall bring to the attention of the City’s environmental monitor and concerns with the compliance with environmental permitting and mitigation measures in accordance with the requirements of the environmental documents and regulatory permits. Note that this project is CEQA exempt.
7. Progress Payment
a. CONSULTANT shall review the initial schedule of values (cost breakdown) prepared by the CONTRACTOR.
b. CONSULTANT shall review the final version of the Schedule of Values (SOV) with the CITY and receive confirmation that the SOV is acceptable to the CITY, prior to responding to the CONTRACTOR.
c. CONSULTANT shall review CONTRACTOR’s progress payment requests and determine whether the amount requested reflects the actual status of the CONTRACTOR’s work in place, materials on site and other contract requirements. If the payment request is deemed acceptable, transmit the invoice to the CITY for payment within the time periods set forth in the Public Contract Code.
d. CONSULTANT shall prepare the summary cover sheet for the progress payments which will be executed by CONSULTANT, CONTRACTOR and CITY.
e. CONSULTANT shall not recommend final payment to the CONTRACTOR until the CONSULTANT has determined CONTRACTOR has complied with the project closeout requirements, including submittals of record documents, warranties, and operations and maintenance manuals. CITY will release the retention only after a Notice of Completion has been recorded with the Santa Clara County Clerk’s Recorder Office.
Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
8. CONTRACTOR’s Certified Payroll
a. On a bi-weekly basis, or when otherwise requested by the CITY, State, or other agency or public inquiry, the CONSULTANT shall collect certified payrolls from the CONTRACTOR. Apart from the regular, bi -weekly collection, the CONSULTANT shall obtain payroll records within 10 days of the CITY’s request.
b. CONSULTANT shall only store these records on the project site. c. CONSULTANT is not responsible for reviewing these records for compliance at any time.
d. CONTRACTOR is responsible for submitting electronically their certified payroll records to the State Department of Industrial Relations.
9. Schedule
a. CONSULTANT shall review CONTRACTOR’s initial Baseline schedule submittal to determine whether it is realistic and prepared in accordance with the Contract Documents, that the milestone and Substantial Completion dates meet the overall goal for schedule and that no major conflicts exist. The CONSULTANT shall advise CITY of the review determination and provide written comments to the CONTRACTOR. b. CONSULTANT shall review the CONTRACTOR’s schedule updates and provide written comments to the CONTRACTOR.
c. CONSULTANT shall review and evaluate the CONTRACTOR’s requests for Contract time extension and/or monetary claim, and make written recommendations to the CITY regarding entitlement and the number of days, if any, to be added to the Contract Time(s). If requested by the CITY, CONSULTANT shall provide a written assessment of the time request.
CONSULTANT shall evaluate and negotiate schedule adjustments with the CONTRACTOR.
10. Field Quality Control (Inspection Services)
a. CONSULTANT shall provide field observation services to monitor compliance with the Contract Documents.
i. CONSULTANT staff shall have sufficient training and experience regarding the specific construction activities being performed by CONTRACTOR.
1) CONSULTANT shall provide staffing at a level that match construction load and as required to observe
CONTRACTOR’s activities.
2) CONSULTANT shall provide subconsultant(s) as needed to observe specialty work and/or conduct specialty tests (see Special Inspections).
b. Reporting
i. CONSULTANT shall prepare daily inspection reports documenting observed field activities, field crews, CONTRACTOR equipment, and Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
field problems. Field activities shall be logged hourly, if applicable.
CONSULTANT shall collect CONTRACTOR daily reports on a weekly basis. Such information shall be accessible by the City. ii. CONSULTANT shall provide and maintain photographs of field activities for status monitoring of the project.
iii. CONSULTANT shall monitor record documents (redline drawings) on a bi- weekly basis to determine if they are being maintained by the CONTRACTOR and are in substantial conformance with the
CONSULTANT’s information/observations.
iv. CONSULTANT shall prepare a monthly report to include major work performed, outstanding issues, project photographs, schedule status, pending and executed change orders summary, and quality issues.
This report shall also be part of CONSULTANT’s monthly prog ress payment report.
c. Special Inspections
i. CONSULTANT shall furnish the materials testing and special inspections required to be performed for the Project. Special Inspection and materials testing include, but are not limited to:
1) Soils testing for HazMat compliance
2) Soils compaction and relevant testing
3) Asphalt compaction and relevant testing
4) Concrete sampling and testing
5) Coating surface preparation (including cleaning) and application inspection
6) CIPP surface preparation (including cleaning), materials, and installation inspection
7) Special inspections as listed in the project specific design 8) drawings and specs.
9) HDPE pipe fusion inspection
ii. CONSULTANT shall schedule and coordinate the material testing services and have responsibility for the specialty inspections and testing services.
11. System Outages
a. CONSULTANT shall review and evaluate the CONTRACTOR’s system outage requests (SOR) in conjunction with the CITY. CONSULTANT shall assess the reasonableness of the duration of the requested shutdown. b. The SORs shall be reviewed and approved at least two weeks ahead of the actual outage/shutdown.
c. CONSULTANT shall facilitate/coordinate shutdowns with the CONTRACTOR, CITY and ENGINEER.
i. CITY is responsible for reviewing and approving system outage request and duration, confirming the outage is properly planned, Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
implementing the outage, and bringing services back online after the outage.
12. Means and Methods of Construction
a. CONSULTANT shall not direct the means and methods of construction.
CONTRACTOR shall be solely responsible for the means and methods of construction. In the event when the CONTRACTOR’s means and methods and/or work sequence are perceived to have negative impacts on the final work quality or may damage existing City’s property, the CONSULTANT shall communicate with the CONTRACTOR and inform the CITY and ENGINEER.
13. Construction Staging and laydown Area
CONSULTANT shall periodically observe the construction staging and laydown areas to check if:
a. Equipment and materials are being stored in accordance with the manufacturers’ procedure (e.g., protection from weathering elements). b. Exiting plant equipment (e.g., electrical switchgear) are being protected. c. Heavy loads are not concentrated at or adjacent to locations were underground utility (s) is present.
d. CONTRACTOR is maintaining any necessary access.
e. Site is cleaned up each day.
f. Site is isolated and general public and wildlife are protected.
14. Safety
a. CONSULTANT shall comply with appropriate regulatory, project and CITY codes in addition to CONSULTANT’s Health and Safety Plan regarding necessary safety equipment and procedures used during performance of the CONSULTANT’s work and shall take necessary precautions for safe operation of the CONSULTANT’s work, and the protection of the CONSULTANT’s personnel from injury and damage from such work. b. Neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT’s employees or sub- consultants at the construction/project site, shall relieve the CONTRACTOR and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending, or coordinating their work in accordance with the Contract Documents, City codes, and any health or safety precautions r equired by pertinent regulatory agencies. CONSULTANT and its personnel have no authority to exercise any control over any CONTRACTOR or other entity or their employees in connection with their work or any health or safety precautions.
15. Corrective Work Item List
a. The CONSULTANT shall prepare and maintain a Corrective Work Item list (CWL) with the input from the CITY and ENGINEER.
Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
b. CONSULTANT shall confirm that the items identified in the CWL are completed in preparation for issuance of Substantial Completion Certificate (SCC).
a. CONSULTANT shall prepare the SCC for execution by the CITY and the CONTRACTOR when the Corrective Work Items are completed to the CITY’s, ENGINEER’s and The CONSULTANT’s satisfaction.
Task 4: Project Closeout Phase
1. Punch List and Final Inspection
a. Punch List
i. CONSULTANT shall identify work with outstanding deficiencies and generate Punch List in Excel. Coordinate site walkthrough with the CITY and CONTRACTOR, as needed.
ii. CONSULTANT shall have primary responsibility for verifying that the Punch List work is complete.
b. Final Inspection
i. CONSULTANT shall have primary responsibility for conducting the final inspection. Coordinate site walkthrough with the CITY and CONTRACTOR, as needed.
1) CITY will participate and provide input on the final inspection. 2) ENGINEER will provide design input on final inspection items if determined necessary by the CITY.
2. Warranty Coordination
a. CONSULTANT shall maintain a warranty file in the online document tracking system. All warranty documentation shall be handed off to the CITY at conclusion of the contract.
3. Project Closeout
a. CONTRACTOR shall furnish record documents, which the CONSULTANT shall review and transmit to ENGINEER for preparation of record drawings. b. CONSULTANT shall prepare necessary CITY documentation recommending acceptance of the completed work by the CITY.
c. CONSULTANT shall turn over project documentation to the CITY in an orderly manner and in a timely manner after completion of the project and all punch list activities. The CONSULTANT shall retain all change event files at the end of the project. The CITY shall have the right to request review and/or copies of the change events files.
d. CONSULTANT shall download all the files from the on -line document management system, save them on an external hard drive, and mail it to the City Project Manager for City’s record.
Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
Task 5: Allowance for Non-Regular Hour Work
1. CITY may set an allowance for inspection services during non -regular work hours such as night time and weekends. CONSULTANT shall estimate sufficient hours to cover all inspectional services. Authorization by City Project Manager is required prior to scheduling overtime work.
Work Order No. 4: Milestone Schedule of Performance
TASK # MILESTONES
NUMBER OF WEEKS TO
COMPLETION FROM
WORK ORDER #4 NOTICE
TO PROCEED1 (NTP)
NO LATER THAN DATE
Task 1 General Requirements/
Project Management
51 Weeks 12/31/2024
Task 2 Pre-Construction 14 Weeks 4/15/2024
Task 3 Construction Phase 103 Weeks 12/31/2025
Task 4 Project Closeout 129 Weeks 06/30/2026
Task 5 Allowance for Non-Regular
Hour Work
129 Weeks 06/30/2026
Note 1. Assume NTP issuance on 1/8/2024
Work Order No. 4: Milestone Compensation Schedule
TASK # MILESTONES NOT TO EXCEED
AMOUNT
Task 1 General Requirements/ Project Management $44,460 Task 2 Pre-Construction $85,510
Task 3 Construction Phase $689,505
Task 4 Project Closeout $35,250
Task 5 Allowance for Non-Regular Hour Work $103,270
Sub-total Basic Services $957,995 Reimbursable Expenses $12,100 Total Basic Services and Reimbursable Expenses $970,095 Additional Services (per Section 4) (Not to Exceed) $127,500 Maximum Total Compensation $1,097,595
Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8
EXHIBIT “B”
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2
(AMENDED, REPLACES PREVIOUS)
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on -call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
TASK ORDER #1/WORK ORDER #4
Tasks 1-4 of Work Order #4 will be completed within 129 Weeks from the Notice to Proceed for Work Order #4 or by June 30, 2026.
Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Vers.: Aug. 5, 2019
EXHIBIT “C”
COMPENSATION, AMENDMENT NO. 2
(AMENDED, REPLACES PREVIOUS)
CITY agrees to compensate CONSULTANT for on -call, as -needed, time -limited project support services performed in accordance with the terms and conditions of this Agreement, and as set forth in a specific Task Order budget schedule. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 and Exhibit C-2 up to the not to exceed budget amount for each task set forth in a specific Task Order.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories within a specific Task Order, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: up to the not-to-exceed amount of $12,100.
WORK ORDER #4
Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #4, Not to Exceed:
Total Basic Services and Reimbursable Expenses $970,095 Additional Services (per Section 4) (Not to Exceed) $127,500 Maximum Total Compensation $1,097,595
Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Vers.: Aug. 5, 2019
EXHIBIT “C-2”
SCHEDULE OF RATES, AMENDMENT NO. 2
(ADDED)
The applicable rate schedule by which CONSULTANT will be paid for Services rendered under this Agreement and its Task Order(s), if any, is set forth below as Exhibit “C -2”, entitled “SCHEDULE OF RATES”. The fee schedules attached hereto in Exhibit C-2 shall apply during the second year of the term for Work Order #4 (effective March 1, 2025) . Thereafter, CONTRACTOR’s compensation rates shall be adjusted annually effective on the commencement of the second year, as follows: Each unit price, hourly rates, and fee, as set forth the attached fee schedule, shall be adjusted by a percentage equal to the cha nge in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco -Oakland-San Jose area, published by the United States Department of Labor Statistics (CPI), published most immediately preceding the commencement of the applicable contract year, compared with the CPI published for the prior year. Notwithstanding the foregoing, in no event shall CONSULTANT’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding contract year. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation as set forth herein shall be at no cost to the CITY. CONSULTANT’s markup on work performed by any authorized subconsultant shall not exceed five percent (5%).
CONSULTANT’s schedule of rates is as follows:
Consultant Labor Categories 2025
Hourly Rate
Tanner Pacific, Inc.
Principal-in-Charge $325.00
Construction Manager $266.00
Resident Engineer $240.00
Project Engineer $130.00
Inspector $205.00
Inspector's Truck $7.50
Subconsultant Labor Categories 2025
Hourly Rate
Bay Area Coating Consultants, Inc.
Building/Construction
Inspector Tester – Group 4:
Regular rate $127.00
Overtime $190.50
Double time $254.00
Truck/Equipment Charge $10.20
Note: Inspector shall be scheduled 24-hour in advance. Charges are four hours minimum.
Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8