G\T Y OF
PISMO BEACH CITY COUNCIL STAFF REPORT
A�syo��Pc� Agenda Item #9.F
Meeting Date: November 19, 2024
TITLE:
Award of Contracts to W. M. Lyles Co. and MNS Engineers, Inc. for the Wastewater Treatment Plant Clarifiers Equipment Replacement Project RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to:
1. Enter into a contract with W. M. Lyles Co. in the amount of $1,225,220 for construction of the Wastewater Treatment Plant Clarifiers Equipment Replacement Project; and
2. Enter into a Professional Services Agreement with MNS Engineers, Inc. in the amount of$246,272 for Construction Management, Inspection and Administration Services.
DISCUSSION:
The Wastewater Treatment Plant (WWTP) Clarifiers Equipment Replacement project includes removal and replacement of circular spiral blade, cage drive clarifiers, walkway and platform with handrails, and other appurtenances necessary to rehabilitate Clarifier #1 and Clarifier #2. A clarifier is a critical piece of equipment that separates solids from liquids during the wastewater treatment process. The project is one of several identified in the larger WWTP Improvements Project authorized by the City Council in August of 2020.
Construction
The project was advertised for construction bids and on October 17, 2024, four bids were received ranging from $1,225,220 to $1,406,000. The apparent low bidder is W. M. Lyles Co. (W. M. Lyles) with a bid of $1,225,220 (bid results provided for reference in Table 1).
Staff has verified W. M. Lyles's references and qualifications, and recommends the Council adopt a Resolution (Attachment 1) awarding a contract (Attachment 2) to W.
M. Lyles in the amount of$1,225,220 (bid schedule provided as Attachment 1.A).
Table 1. Bid Results
Company Name Bid Amount
J JR Filanc Construction $1,378,000
GSE Construction Co. $1,324,500
James C. Cushman, Inc. $1,406,000
W. M. Lyles Co. $1,225,220
Construction Management
On September 19, 2024, staff issued a formal Request for Proposals (RFP) for Construction Management, Inspection and Administration Services. On October 17, 2024
three proposals were received and were evaluated by a review panel, and MNS Engineers, Inc. (MNS) was selected to perform the work based on the following:
• Understanding of the Scope of Work to be Performed • Methods, Schedule and Procedures to be Used
• Management, Personnel and Experience
• Consultation and Coordination with the City of Pismo Beach MNS's cost proposal for construction management, inspection, and administration services is provided as Attachment 1.113. Adoption of the Resolution (Attachment 1) will also award a contract (Attachment 3) to MNS for these services.
Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a contract with W. M. Lyles in the amount of $1,225,220 for construction of the WWTP Clarifiers Equipment Replacement Project; and enter into a Professional Services Agreement with MNS in the amount of $246,272 for Construction Management, Inspection and Administration Services.
FISCAL IMPACT:
The fiscal impact of adopting the subject Resolution is a total estimated project cost of $1,733,036 to construct the project. The total estimated cost also includes construction management, engineering services during construction, and a 20% contingency. The Fiscal Year (FY) 2025 budget includes $1,733,294 for completion of the WWTP Improvements project. There are currently sufficient budgeted funds in the Wastewater Enterprise Fund to support the two contracts. The estimated project costs are show in Table 2 below.
Table 2. FY 2025 Project Funding
Description Amount
Available Project Budget — Wastewater Enterprise Fund
WWTP Improvements Project Budget $1,733,294
Project Cost
Construction Costs W. M. Lyles) $1,225,220
20% Contingency 245,044
CM Costs MNS 246,272
Engineering Services During Construction Costs Cannon 16,500 Total Project Cost $1,773,036
Remaining Budget $258
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: W. M. Lyles Bid Schedule
1.B. Exhibit B to Resolution: MNS Cost Proposal
2. W. M. Lyles Construction Contract
3. MNS Professional Services Agreement
Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Mike James, Assistant City Manager/Acting Director of Public Works City Manager Approval:
Attachment 1
RESOLUTION NO. R-2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO:
1. ENTER INTO A CONTRACT WITH W. M. LYLES CO. IN THE AMOUNT OF $1,225,220 FOR CONSTRUCTION OF THE WASTEWATER TREATMENT PLANT CLARIFIERS EQUIPMENT REPLACEMENT PROJECT; AND
2. ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH MNS ENGINEERS, INC. IN THE AMOUNT OF $246,272 FOR CONSTRUCTION
MANAGEMENT, INSPECTION AND ADMINISTRATION SERVICES
WHEREAS, a clarifier is a critical piece of equipment that separates solids from liquids during the wastewater treatment process; and
WHEREAS, the Wastewater Treatment Plant (WWTP) Clarifiers Equipment Replacement project consists of the includes removal and replacement of circular spiral blade, cage drive clarifiers, walkway and platform with handrails, and other appurtenances necessary to rehabilitate Clarifier #1 and Clarifier#2; and WHEREAS, the project is one of several identified in the larger WWTP Improvements project authorized by the City Council in August of 2020; and WHEREAS, the project was advertised for construction bids and the apparent low bidder is W. M. Lyles Co. with a bid of$1,225,220; and
WHEREAS, staff issued a formal Request for Proposals, received three proposals and a review panel selected MNS Engineers, Inc. to perform the work; and WHEREAS, there are currently sufficient budgeted funds in the Wastewater Enterprise Fund to support the two contracts.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a contract with W. M. Lyles Co. in the amount of $1,225,220 for construction of the WWTP Clarifiers Equipment Replacement Project (bid schedule provided as Exhibit A); and enter into a Professional Services Agreement with MNS Engineers, Inc. in the amount of $246,272 for Construction Management, Inspection and Administration Services (cost proposal provided as Exhibit B).
UPON MOTION OF Council Member seconded by Council Member the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 19t" day of November 2024, by the following vote:
AYES:
NOES:
Attachment 1
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on
Erica Inderlied, City Clerk
Attachment 1.A
BID SCHEDULE
PISMO BEACH WASTEWATER TREATMENT PLANT CLARIFIERS
EQUIPMENT REPLACEMENT
BASE BID
ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL COST COST
1. Mobilization/Demobilization 1 LS $ LI_Ltio $_2 Z0
2. Remove Clarifier Mechanism No. 1, and 1 LS $ 36_�o0 $ 36j_; 00 dispose offsite(Drive Unit,scraper and
scum assembly and walkway bridge)
3. Purchase,Store, and Install new Clarifier 1 LS $-�LU00 $ �r� r, 0o Mechanism No. 1 per Specifications.
Provide for Functional Testing and
Demonstration.
4. Electrical Conduits (RTRC-XW) and Wiring 1 LS $ y c1L d�- $_'�`/� 0 o0 for all components of Clarifier No.1
5 Remove Clarifier Mechanism No. 2, and 1 LS $_J6, S 00 $ 3(,r 5 00 dispose offsite (Drive Unit, scraper and
scum assembly and walkway bridge).
6. Purchase,Store, and Install new Clarifier 1 LS $ y71 1 006 $ "r 7 p00 Mechanism No. 2 per Specifications.
Provide for Functional Testing and
Demonstration.
7. Electrical Conduits (RTRC-XW)and Wiring 1 LS $ YY� 0 66 $_�� 00 0_ for all components of Clarifier No.2
S. Extra work at the direction of the 1 LS $ S50,000 $ $50,000 Engineer.
TOTAL PRICE BASE BID $ j, ZZ51 7-to
Total Bid Amount in Words: h e Ch 1 1l"6V% 4 W o InQ�,dre.d f W"Af - rive ftiouSand two h uadre d Signature of Bidder: Date:
Kevin R. Shigerrfatsu, Sr. Vice President
LS=lump sum, EA=each, LF=linear feet
The Contractor shall comply with the requirements the State Labor Code.
The undersigned further agrees that in case of default in executing and submitting the Contract with required bonds and insurance within ten (10) working days after having received notice that the Contract is ready for signature,the proceeds of the check or bond accompanying this Bid shall become the property of the City.
The Contractor to whom the contract is awarded shall submit a statement each month certifying that it is in conformance with the City's Affirmative Action Program.
PISMO BEACH WASTEWATER TREATMENT PLANT CLARIFIERS EQUIPMENT REPLACEMENT Page—16
Attachment 1.B
Construction Management and Inspection Services
Pismo Beach Wastewater Treatment Plant Clarifiers Equipment Replacement Project City of Pismo Beach
Project Schedule
2024 1 2025 2026
'[111111601111Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul 1.Pre-Construction Phase M N S�v\)\)
2.Construction Phase
3.Post-Construction Phase
TOTAL HOURLY HOURLY HOURLY
2024 2025 2026 RATE RATE RATE TOTAL COST MENEWHOURS 2024 2025 2026
Staff Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Task 1:Pre-Construction Phase
Project Manager Megan Panofsky 4 4 1 1 1 1 1 1 1 1 1 1 1 1 1 18 $275.00 $287.00 $300.00 $ 2,248 Assistant Resident Engineer Tyler Purvis 16 24 2 2 2 2 2 2 2 54 $210.00 $219.00 $229.00 $ 11,682 Sr.Construction Inspector TBD 8 4 12 $185.00 $193.00 $202.00 $ 2,252 Office Engineer Laurie Jones 8 20 28 $135.00 $141.00 $147.00 $ 3,900 SUBTOTALI 0 1 36 1 52 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 102 1 1 1 1$ 20,0 Task 2:Construction Phase
Project Manager Megan Panofsky 4 1 4 1 2 1 1 1 1 1 4 1 4 1 2 1 1 20 1 $275.00 1 $287.00 1 $300.00 1$ 5,870 Assistant Resident Engineer Tyler Purvis 40 1 40 1 8 1 2 1 2 1 2 1 8 1 40 1 40 1 8 1 1 190 1 $210.00 1 $211.00 $229.00 $ 42,610 Sr.Construction Inspector TBD 172 172 40 172 172 40 768 $185.00 $193.00 $202.0. $ 151,680 Office Engineer Laurie Jones 16 16 12 2 2 2 16 16 12 8 102 $135.00 $141.00 1 $147.00 $ 14,718 SUBTOTALI I 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 2321 2321 62 1 4 1 4 1 4 1 24 1 2321 2281 58 1 0 1 1,080 $ 214,878 Task 3:Post-Construction Phase
Project Manager Megan Panofsky 1 1 2 1 2 1 4 $275.00 1 $287.00 1 $300.00 $ 1,200 Assistant Resident Engineer Tyler Purvis 16 8 24 E10.00 $219.00 $229.00 $ 5,496 Office Engineer Laurie Jones 12 16 28 $135.00 $141.00 $147.00 $ 4,116 IF SUBTOTAL I 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 0 1 0 130 26 56 E 10,812 TOTAL HOURS 0 1 36 1 52 1 2 1 2 1 2 1 2 1 2 1 2 1 2 1 232 1 232 1 62 1 4 1 4 1 4 1 24 1 232 1 2281 88 1 26 1 1,238 1 $ 245,772 Direct Expenses TOTAL COST
Field/ODCs $ 500
DIRECT EXPENSES SUB-TOTAL $ 500
CONSTRUCTION MANAGEMENT TOTAL
Notes:
1.CM NTP assumed as Dec 2024
2.Contractor NTP assumed as Dec 2024.Assume 7-month procurement window for first clarifier.
3.Used an average of 172 hours per month based upon 8 hour working days with no overtime.
4.Annual escalation of hourly rates applied at 4.5%starting Jan 2025.
5.Inspector hourly rates subject to increase depending upon DIR PW rate increases
6.Any night work will be at$7/hour for PW night differential.
Attachment 2
CITY OF PISMO BEACH shall make progress payments on account of the Contract Sum to CONTRACTOR as provided in the CONSTRUCTION SERVICES AGREEMENT General Conditions.
This AGREEMENT is subject to the provisions of Article 1.7(commencing at Section 20104.50)of This Construction Services Agreement("AGREEMENT")is made and entered into as of the date the Division 2,Part 3 of the Public Contract Code regarding prompt payment of contractors by local AGREEMENT is fully executed by all parties(the"Effective Date'),by and between the City of Pismo governments.Article 1.7 mandates certain procedures for the payment of undisputed and properly Beach,a municipal corporation("CITY"),and W.M.Lyles Co.,a corporation("CONTRACTOR").In submitted payment requests within 30 days after receipt,for the review of payment requests,for consideration of the mutual covenants and conditions set forth herein,the parties agree as follows: notice to CONTRACTOR of improper payment requests,and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article.This I. SCOPE OF WORK AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.
CONTRACTOR shall perform within the time set forth in Article 2 of this AGREEMENT and shall This AGREEMENT is also subject to the provisions of Public Contract Code Section 9204,which furnish at its own cost all labor,materials,equipment,tools,utility services,and transportation and provides for the submission and resolution of specified claims by CONTRACTOR,including provisions perform and complete all work required in connection with the construction of removal and governing the type of claims that may be submitted,the time to respond to such claims,and replacement of circular spiral blade,cage drive clarifiers,walkway and platform with handrails, alternative dispute resolution procedures.The provisions of Section 9204 are incorporated herein by and other appurtenances necessary to rehabilitate Clarifier#1 and Clarifier#2 for the reference,and to the extent CONTRACTOR asserts a claim specified by Section 9204, Wastewater Treatment Plant Clarifiers Equipment Replacement Project(hereinafter"Project"). CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to CITY.
By entering into this AGREEMENT,CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own.CONTRACTOR expressly V. RETENTION OF SECURITIES warrants and agrees that it will cooperate with other contractors and will do nothing to delay,hinder, or interfere with the work of other separate contractors,CITY,the Project Manager,the Public Works Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by Director/City Engineer,or utilities.CONTRACTOR also expressly agrees that,in the event its work is CITY to ensure performance under a contract,at the request and expense of CONTRACTOR. hindered,delayed,interfered with,or otherwise affected by a separate contractor,its sole remedy will Substitution of securities shall not be required in contracts in which there will be financing provided by be a direct action against the separate contractor.To the extent allowed by law,CONTRACTOR will the Farmers Home Administration of the United States Department of Agriculture pursuant to the have no remedy,and hereby expressly waives any remedy against CITY,the Project Manager,or the Consolidated Farm and Rural Development Act(7 U.S.C.Sec.1921 et seq.),and where federal Public Works Director/City Engineer on account of delay,hindrance,interference or other events regulations or policies,or both,do not allows the substitution of securities.Alternatively, caused by a separate contractor. CONTRACTOR may request that CITY make payment of retention earned directly to an escrow agent at the expense of CONTRACTOR.At the expense of CONTRACTOR,CONTRACTOR may direct the II. TIME FOR PROJECT COMPLETION investment of the payments into securities and CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by All of CONTRACTOR's work on the Project shall be completed within durations established for the CONTRACTOR.Upon satisfactory completion of the contract,CONTRACTOR shall receive from the individual activities as set forth in the Project Construction Schedule.All work shall commence fifteen escrow agent all securities,interest,and payments received by the escrow agent from CITY,pursuant (15)calendar days after receiving a written Notice to Proceed from CITY or Project Manager,if a to the terms of this section.
Project Manager is employed by CITY on the Project.CONTRACTOR shall refer to the invitations for bids,and Project Plans and Specifications,all of which,as set forth below,are incorporated herein by The escrow agreement entered into pursuant to this section must be substantially similar to the form reference,for contractual obligations regarding individual activity durations.The aggregate sum total included in Public Contract Code Section 22300(e).CONTRACTOR shall obtain the written consent of work of all individual Prime Contractors to CITY comprises the entire"Project"and shall be its surety to such escrow agreement.Securities eligible for investment under this section shall include commenced and completed in conformance with the Project Construction Schedule.The entire those listed in Section 16430 of the Government Code,bank or savings and loan certificates of Project shall be completed within 85 working days("Contract Time")allocated as shown below: deposit,interest-bearing demand deposit accounts,standby letters of credit,or any other security • 41 working days—April 1,2025 to May 28,2025 mutually agreed to by CONTRACTOR and CITY. • 44 working days—September 1,2025 to October 31,2025
In accordance with Public Contract Code Section 22300(d)(1),if CONTRACTOR elects to receive III. THE CONTRACT SUM interest on moneys withheld in retention by CITY,CONTRACTOR shall,at the request of any subcontractor performing more than five percent of CONTRACTOR's total bid,make that option CITY shall pay to CONTRACTOR for the performance of this AGREEMENT,subject to any additions available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the and deductions provided in the Project documents,the sum of one million two hundred twenty-five subcontractor. thousand two hundred twenty dollars($1,225,220).
VI. INDEMNITY,DEFENSE AND HOLD HARMLESS AGREEMENT
IV. PROGRESS PAYMENTS
To the fullest extent permitted by law,CONTRACTOR shall indemnify,defend,and hold harmless the Based upon Applications for Payment submitted to the Public Works Director/City Engineer by CITY,and its elected officials,officers,employees,volunteers,and agents("CITY Indemnitees"),from CONTRACTOR and Certificates for Payment issued by the Public Works Director/City Engineer,CITY and against any and all causes of action,claims,liabilities,obligations,judgments,or damages, 1of10 2of10
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Attachment 2
including reasonable legal counsels'fees and costs of litigation("claims"),arising out of X. FINAL PAYMENT CONTRACTOR's performance or CONTRACTOR'S failure to perform its obligations under this AGREEMENT or out of the operations conducted by CONTRACTOR,except for such loss or damage Final payment,constituting the entire unpaid balance of the Agreement Sum,shall be paid by CITY to arising from the active negligence,sole negligence,or willful misconduct of CITY.In the event CITY CONTRACTOR no sooner than thirty-five(35)days after a Notice of Completion has been recorded, Indemnitees are made a party to any action,lawsuit,or other adversarial proceeding arising from unless otherwise stipulated in the Notice of Completion,provided the work has then been completed, CONTRACTOR's performance of this AGREEMENT,CONTRACTOR shall provide a defense to CITY the AGREEMENT fully performed,and a final Certificate for Payment has been issued by the Public Indemnitees or at CITY's option,reimburse CITY Indemnitees their costs of defense,including Works Director/City Engineer. reasonable legal fees,incurred in defense of such claims.
XI. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT Payment by CITY is not a condition precedent to enforcement of the indemnities in this section.In the event of any dispute between CONTRACTOR and CITY,as to whether liability arises from the active In the event CONTRACTOR fails to furnish tools,equipment,or labor in the necessary quantity or negligence,sole negligence,or willful misconduct of CITY or its officers,employees,or agents, quality,or fails to prosecute the work or any part thereof contemplated by this AGREEMENT in a CONTRACTOR will be obligated to pay for CITY's defense until such time as a final judgment has diligent and workmanlike manner,and if CONTRACTOR for a period of three(3)calendar days after been entered adjudicating CITY as having been actively negligent,solely negligent,or as having receipt of written demand from CITY or its designated representative to do so,fails to furnish tools, engaged in willful misconduct.CONTRACTOR will not be entitled in the absence of such a equipment,or labor in the necessary quantity or quality,and to prosecute its work and all parts thereof determination to any reimbursement of defense costs including but not limited to attorneys'fees, in a diligent and workmanlike manner,or after commencing to do so within said three(3)calendar expert fees,and costs of litigation.The provisions of this Section VI shall survive completion of days,fails to continue to do so;then CITY may exclude CONTRACTOR from the premises,or any CONTRACTOR's services or the termination of this AGREEMENT. portion thereof,and take possession of said premises or any portion thereof,together with all material and equipment thereon,and may complete the work contemplated by this AGREEMENT or any VII. PREVAILING WAGES portion of said work,either by furnishing the tools,equipment,labor or material necessary,or by letting the unfinished portion of said work,or the portion taken over by CITY to another contractor or A. Wage rates for this Project shall be in accordance with the General Wage Determination Made by a combination of such methods.In any event,the procuring of the completion of said work,or the by the Director of Industrial Relations Pursuant To California Labor Code,Part 7,Chapter 1, portion thereof taken over by CITY,shall be a charge against CONTRACTOR,and may be deducted Article 2,Sections 1770,1773 and 1773.1,for San Luis Obispo County.Wage rates shall from any money due or becoming due to CONTRACTOR from CITY,or CONTRACTOR shall pay conform with those posted at 760 Mattie Road,Pismo Beach,and the Project site. CITY the amount of said charge,or the portion thereof unsatisfied.The sureties,provided for under this AGREEMENT shall become liable for payment should CONTRACTOR fail to pay in full any said B. The following Labor Code sections are hereby referenced and made a part of this cost incurred by CITY.
AGREEMENT:
XII. INSURANCE
1. Section 1775-Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4-Apprenticeship Requirements. A. Prior to the beginning of and throughout the duration of the Project,CONTRACTOR and its
3. Section 1777.5-Apprenticeship Requirements. subcontractors shall maintain insurance in conformance with the requirements set forth below.
4. Section 1813-Penalty for Failure to Pay Overtime. CONTRACTOR may use existing coverage to comply with these requirements.If that existing
5. Sections 1810 and 1811-Working Hour Restrictions. coverage does not meet the requirements set forth herein,CONTRACTOR agrees to amend,
6. Section 1775-Payroll Records. supplement or endorse the existing coverage to do so.
7. Section 1773.8-Travel and Subsistence Pay.
CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this Vill. RECORD AUDIT section constitute the minimum amount of coverage required.Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage In accordance with Government Code,Section 8546.7,records of both CITY and CONTRACTOR identified in this AGREEMENT and which is applicable to a given loss,claim or demand,will shall be subject to examination and audit by the Auditor General for a period of three(3)years after be equally available to CITY. final payment.
CONTRACTOR shall provide the following types and amounts of insurance:
IX. CERTIFICATIONS
1. General liability insurance.CONTRACTOR shall maintain commercial general liability In addition to certification and licensing requirements identified elsewhere in this agreement, insurance with coverage at least as broad as Insurance Services Office form CG 00 01, CONTRACTOR shall maintain the following certifications for the duration of this AGREEMENT: in an amount not less than$1,000,000 per occurrence,$2,000,000 general aggregate, for bodily injury,personal injury,and property damage,and a$2,000,000 completed A. None operations aggregate.The policy must include contractual liability that has not been amended.Any endorsement restricting standard Insurance Services Office(ISO) "insured contract"language will not be accepted.
3of10 4of10
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Attachment 2
2. Automobile liability insurance.CONTRACTOR shall maintain automobile insurance at 2. Duration of coverage.CONTRACTOR shall procure and maintain for the duration of least as broad as Insurance Services Office form CA 00 01 (06/92)covering bodily the AGREEMENT insurance against claims for injuries to persons or damages to injury and property damage for all activities of CONTRACTOR arising out of or in property,which may arise from or in connection with the performance of the Project connection with the Project,including coverage for any owned,hired,non-owned or hereunder by CONTRACTOR,his agents,representatives,employees or rented vehicles,in an amount not less than$1,000,000 combined single limit for each subcontractors.CONTRACTOR must maintain general liability and umbrella or excess accident. liability insurance for as long as there is a statutory exposure to completed operations
3. Workers'compensation insurance.CONTRACTOR shall maintain Workers' claims.CITY and its officers,elected officials,employees,and agents shall continue as Compensation Insurance(Statutory Limits)and Employer's Liability Insurance(with additional insureds under such policies. limits of at least$1,000,000)for CONTRACTOR's employees in accordance with the 3. Primary/noncontributing.Coverage provided by CONTRACTOR shall be primary and laws of the State of California,Section 3700 of the Labor Code at seq.In addition, any insurance or self-insurance procured or maintained by CITY shall not be required CONTRACTOR shall require each subcontractor to similarly maintain Workers' to contribute with it.The limits of insurance required herein may be satisfied by a Compensation Insurance and Employer's Liability Insurance in accordance with the combination of primary and umbrella or excess insurance.Any umbrella or excess laws of the State of California for all of the subcontractor's employees. insurance shall contain or be endorsed to contain a provision that such coverage shall
4. CONTRACTOR shall submit to CITY,along with the certificate of insurance,a Waiver also apply on a primary and non-contributory basis for the benefit of CITY before of Subrogation endorsement in favor of CITY,its officers,agents,employees and CITY's own insurance or self-insurance shall be called upon to protect it as a named volunteers. insured.
5. Pollution liability insurance.Environmental Impairment Liability Insurance shall be 4. CITY's rights of enforcement.In the event any policy of insurance required under this written on a CONTRACTOR's Pollution Liability form or other form acceptable to CITY AGREEMENT does not comply with these requirements or is canceled and not providing coverage for liability arising out of sudden,accidental and gradual pollution replaced,CITY has the right but not the duty to obtain the insurance it deems and remediation.The policy limit shall be no less than$1,000,000 dollars per claim and necessary and any premium paid by CITY will be promptly reimbursed by in the aggregate.All activities contemplated in this AGREEMENT shall be specifically CONTRACTOR or CITY will withhold amounts sufficient to pay premium from scheduled on the policy as"covered operations."The policy shall provide coverage for CONTRACTOR payments.In the alternative,CITY may terminate this AGREEMENT. the hauling of waste from the project site to the final disposal location,including non- 5. Acceptable insurers.All insurance policies shall be issued by an insurance company owned disposal sites. currently authorized by the Insurance Commissioner to transact business of insurance
6. Products/completed operations coverage.Coverage shall extend a minimum of three or is on the List of Approved Surplus Line Insurers in the State of California,with an (3)years after project completion and shall be included on behalf of the insured for assigned policyholders'Rating of A-(or higher)and Financial Size Category Class VII covered claims arising out of the actions of independent contractors.If the insured is (or larger)in accordance with the latest edition of Best's Key Rating Guide,unless using subcontractors,the Policy must include work performed"by or on behalf'of the otherwise approved by CITY's Risk Manager. insured.Policy shall contain no language that would invalidate or remove the insurer's 6. Waiver of subrogation.All insurance coverage maintained or procured pursuant to this duty to defend or indemnify for claims or suits expressly excluded from coverage. agreement shall be endorsed to waive subrogation against CITY,its elected or Policy shall specifically provide for a duty to defend on the part of the insurer.The appointed officers,agents,officials,employees,and volunteers or shall specifically CITY,its officials,officers,agents,and employees,shall be included as insureds under allow CONTRACTOR or others providing insurance evidence in compliance with these the policy. specifications to waive their right of recovery prior to a loss.CONTRACTOR hereby waives its own right of recovery against CITY,and shall require similar written express B. Other provisions or requirements: waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions(non-estoppel).CONTRACTOR acknowledges and
1. Proof of insurance.CONTRACTOR shall provide certificates of insurance to CITY as agrees that any actual or alleged failure on the part of CITY to inform CONTRACTOR evidence of the insurance coverage required herein,along with a waiver of subrogation of non-compliance with any requirement imposes no additional obligations on CITY nor endorsement for Workers'Compensation.Insurance certificates and endorsements does it waive any rights hereunder. must be approved by CITY's Risk Manager prior to commencement of performance. 8. Requirements not limiting.Requirements of specific coverage features or limits CITY's Risk Manager or City Attorney may waive the requirement of any insurance contained in this Section are not intended as a limitation on coverage,limits or other policy set forth herein if he/she determines that such a policy is not commercially requirements,or a waiver of any coverage normally provided by any insurance. available to CONTRACTOR,or if the risk to CITY is sufficiently minimal to render such Specific reference to a given coverage feature is for purposes of clarification only as it insurance unnecessary.If such a policy is commercially available,additional cost to pertains to a given issue and is not intended by any party or insured to be all inclusive, CONTRACTOR in obtaining such a policy shall not be a basis upon which the or to the exclusion of other coverage,or a waiver of any type.If CONTRACTOR insurance requirement will be waived.Current certification of insurance shall be kept maintains higher limits than the minimums shown above,CITY requires and shall be on file with CITY at all times during the term of AGREEMENT.CITY reserves the right entitled to coverage for the higher limits maintained by CONTRACTOR.Any available to require complete,certified copies of all required insurance policies,including insurance proceeds in excess of the specified minimum limits of insurance and endorsements to such policies,at any time. coverage shall be available to CITY. 5of10 6of10
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Attachment 2
9. Notice of cancellation.CONTRACTOR agrees to oblige its insurance agent or broker 17. Additional insurance.CONTRACTOR shall also procure and maintain,at its own cost and insurers to provide to CITY with a thirty(30)day notice of cancellation(except for and expense,any additional kinds of insurance,which in its own judgment may be nonpayment,for which a ten(10)day notice is required)or nonrenewal of coverage for necessary for its proper protection and prosecution of the Project. each required coverage.In the event CONTRACTOR'S policy of insurance cannot be XIII. CONTRACTOR'S LICENSE endorsed to provide this notice of cancellation,CONTACTOR shall provide CITY notice of such cancellation,in writing,not later than 24 hours following the effective time of CONTRACTOR must possess at the time of commencing work and throughout the Project duration,a such cancellation. Contractor's License,issued by the State of California,which is current and in good standing.
10. Additional insured status.General liability and automobile insurance policies shall CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of provide or be endorsed to provide that CITY and its officers,officials,employees, commencing work and throughout the Project duration,a Contractor's License,issued by the State of agents,and volunteers shall be additional insureds under such policies.This provision California,which is current and in good standing. shall also apply to any excess/umbrella liability policies.Each such insurance policy shall contain language substantially similar to the following clause: XIV. REGISTRATION REQUIREMENTS "The City of Pismo Beach,its elected and appointed officials,officers,employees Pursuant to Section 1771.1(a)of the Labor Code:
and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal,subject to the
11. Prohibition of undisclosed coverage limitations.None of the coverages required herein requirements of Section 4104 of the Public Contract Code,or engage in the performance of any will be in compliance with these requirements if they include any limiting endorsement contract for public work,as defined in this chapter,unless currently registered and qualified to perform of any kind that has not been first submitted to CITY and approved of in writing by public work pursuant to Section 1725.5.It is not a violation of this section for an unregistered CITY's Risk Manager or City Attorney. contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code
12. Separation of insureds.A severability of interests provision must apply for all additional or by Section 10164 or 20103.5 of the Public Contract Code,provided the contractor is registered to insureds ensuring that CONTRACTOR's insurance shall apply separately to each perform public work pursuant to Section 1725.5 at the time the contract is awarded." insured against whom claim is made or suit is brought,except with respect to the CONTRACTOR must be registered with the Department of Industrial Relations(DIR)of the State of insurer's limits of liability.The policy(ies)shall not contain any cross-liability exclusions. California in order to be eligible to work on public works projects.CONTRACTOR must ensure
13. Pass-through clause.CONTRACTOR agrees to ensure that its subconsultants, registration with the DIR that is active and in good standing. subcontractors,and any other party providing any work on the Project under the direction of CONTRACTOR,provide the same minimum insurance coverage and Except as otherwise provided in Labor Code Section 1771.1(a),no contractor or subcontractor may endorsements required of CONTRACTOR.CONTRACTOR agrees to monitor and be listed on a bid proposal for a public works project unless registered with the Department of review all such coverage and assumes all responsibility for ensuring that such Industrial Relations pursuant to Labor Code section 1725.5. coverage is provided in conformity with the requirements of this section.
CONTRACTOR agrees that upon request,all agreements with consultants, No contractor or subcontractor may be awarded a contract for public work on a public works project subcontractors,and others engaged in performing work on the Project will be unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. submitted to CITY for review.
14. CITY's right to revise requirements.CITY reserves the right at any time during the term This project is subject to compliance monitoring and enforcement by the Department of Industrial of the AGREEMENT to change the amounts and types of insurance required by giving Relations.
CONTRACTOR a ninety(90)day advance written notice of such change.If such XV. CORPORATION IN GOOD STANDING change results in substantial additional cost to CONTRACTOR,CITY and CONTRACTOR may renegotiate CONTRACTOR's compensation. If CONTRACTOR is a corporation,the undersigned hereby represents and warrants that the
15. Self-insured retentions.Any deductibles or self-insured retention must be declared to corporation is duly incorporated and in good standing in the State of California,and that the and approved by CITY.At the option of CITY,either the insurer shall reduce or undersigned is authorized to act for and bind the corporation. eliminate such deductibles or self-insured retention as respects CITY,its elected and appointed officials,employees and volunteers,or CONTRACTOR shall procure a bond XVI. PROVISIONS REQUIRED BY LAW guaranteeing payment of losses and related investigations,claim administration and defense expenses.Self-insurance will not be considered to comply with this paragraph Each and every provision of law and clause required by law to be inserted in this AGREEMENT shall unless approved by CITY. be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were
16. Timely notice of claims.CONTRACTOR shall give CITY prompt and timely notice of included herein,and if through mistake or otherwise any such provision is not inserted,or is not claims made or suits instituted that arise out of or result from CONTRACTOR's currently inserted,then upon application of either party the AGREEMENT shall forthwith be physically performance under this AGREEMENT,and that involve or may involve coverage under amended to make such insertion or correction. any of the required liability policies.
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Attachment 2
XVII. SUBSURFACE HAZARDOUS MATERIALS 11. Standard Plans for Public Works Construction,"Greenbook,"2015 edition,or the latest edition thereof
A. Pursuant to Public Contract Code Section 7104,in the event the Project includes trenches or 12. California State Department of Transportation Standard Specifications,latest edition,when other excavations extend deeper than four(4)feet below the surface,CONTRACTOR shall specifically referenced in the plans. promptly,and before the following conditions are disturbed,notify CITY in writing of any:
All of the above named CONTRACT DOCUMENTS are intended to be complementary.Work required
1. Material that CONTRACTOR believes may be material that is hazardous waste,as by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required defined in Section 25117 of the Health and Safety Code,that is required to be removed by all. to a Class I,Class II or Class III disposal site in accordance with the provisions of existing law; XIX. ENTIRE CONTRACT
2. Subsurface or latent physical conditions at the site differing from those indicated in the This AGREEMENT constitutes the entire contract of the parties.No other agreements or contracts, Project specifications; whether oral or written,pertaining to the work to be performed,exists between the parties.This
3. Unknown physical conditions at the site of any unusual nature,different materially from AGREEMENT can be modified only by an amendment in writing,signed by both parties. those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the CONTRACT. IN WITNESS WHEREOF,the parties hereto have caused this AGREEMENT to be executed the day B. Upon receipt of said notification CITY will investigate the conditions,and if it finds that the and year last written below. conditions do materially so differ,or do involve hazardous waste,and cause a decrease or CITY: CONTRACTOR:
increase in CONTRACTOR's cost of or the time required for performance of any part of the City of Pismo Beach,a Municipal Corporation W.M.Lyles Co.
Project,CITY will issue a change order under the procedures described in the General Conditions.
Signed: Signed:
C. In the event that a dispute arises between CITY and CONTRACTOR whether the conditions Name:Mike James Name:
materially differ,or involve hazardous waste or cause a decrease or increase in CONTRACTOR's cost of or time required for performance of any part of the Project, Title:Acting Director of Public Works Title:
CONTRACTOR shall not be excused from any scheduled completion date provided for by the Dated:
AGREEMENT,but shall proceed with all work to be performed under the AGREEMENT. Dated:
CONTRACTOR shall retain any and all rights provided either by AGREEMENT or by law Signed: Address for giving notice:
which pertain to the resolution of disputes and protests between the contracting parties.
Name:Jorge E.Garcia
XVIII. COMPONENT PARTS OF THE CONTRACT Title:City Manager Dated:
This AGREEMENT entered into consists of the following CONTRACT DOCUMENTS,all of which are Email address for official communications:
component parts of the AGREEMENT as if herein set out in full or attached hereto: Address for giving notice(See Section XVIII):
In addition,all Change Orders and Work Directive Changes authorizing additions,deletions,or 760 Mattie Road,Pismo Beach,CA 93449 modifications,and all appendices,bulletins and addenda as prepared prior to the date of opening Bids Vendor Representative:
setting forth any modifications or corrections or interpretations of any of said documents.In the event ATTEST:
of any conflict between the provisions thereof,the terms of said documents shall control over each Name/Title:
other in the following order: Signed:
1. Agreement
Name:Erica Inderlied
2. Change Orders and Work Directive Changes
Title:City Clerk
3. Addenda
4. Notice to Bidders
5. Contract Proposal APPROVED AS TO FORM:
6. Special Provisions
7. Technical Provisions Signed:
8. Contract Plans Name:David M.Fleishman
9. City of Pismo Beach Standard Specifications and Drawings Title:City Attorney
10. Standard Specifications for Public Works Construction,"Greenbook,"2015 edition,or the latest edition thereof
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Attachment 3
CITY OF PISMO BEACH
VENDOR AGREEMENT FOR PROFESSIONAL SERVICES B. Schedule of Payment This Vendor Agreement for Professional Services("AGREEMENT")is made and entered into as of VENDOR will submit invoices monthly for actual services performed and associated expenses. the date the AGREEMENT is fully executed by all parties(the"Effective Date'),by and between the Invoices shall be submitted on or about the first business day of each month,or as soon City of Pismo Beach,a municipal corporation("CITY"),and MNS Engineers,Inc.("VENDOR").In thereafter as practical,for services provided in the previous month.Payment shall be made consideration of the mutual covenants and conditions set forth herein,the parties agree as follows: within thirty(30)days of receipt of each invoice as to all non-disputed fees.If CITY disputes any of VENDOR's fees it shall give written notice to VENDOR within thirty(30)days of receipt RECITALS: of an invoice of any disputed fees set forth on the invoice.Any final payment under this AGREEMENT shall be made within forty-five(45)days of receipt of an invoice therefor.
CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services: IV. TERMINATION OF AGREEMENT Construction Management,Inspection and Administrative Services for the WWTP Clarifiers A. CITY may at any time,for any reason,with or without cause,suspend or terminate this Equipment Replacement Project AGREEMENT,or any portion hereof,by serving upon VENDOR at least ten(10)days'prior written notice.Upon receipt of said notice,VENDOR shall immediately cease all work under VENDOR represents and warrants that it is qualified to perform those services. this AGREEMENT,unless the notice provides otherwise.If CITY suspends or terminates a portion of this AGREEMENT,such suspension or termination shall not make void or invalidate AGREEMENT: the remainder of this AGREEMENT.
I. SERVICES TO BE PERFORMED BY VENDOR B. In the event this AGREEMENT is terminated pursuant to this Section,CITY shall pay to VENDOR the actual value of the work performed up to the time of termination,provided that VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A. the work performed is of value to CITY.Upon termination of the AGREEMENT pursuant to this VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a Section,VENDOR will submit an invoice to CITY pursuant to Section III. competent,professional and satisfactory manner.Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY.VENDOR shall request and V. FORCE MAJEURE receive written approval prior to performing any extra work.Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was If any party fails to perform its obligations because of strikes,lockouts,labor disputes,embargoes, provided under this paragraph.To the extent that Exhibit A is a proposal from VENDOR,such '.acts of God,"inability to obtain labor or materials or reasonable substitutes for labor or materials, proposal is incorporated only for the description of the Scope of Services and no other terms and governmental restrictions,governmental regulations,governmental control,judicial orders,enemy or conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by hostile governmental action,civil commotion,fire or other casualty,or other causes beyond the CITY in writing. reasonable control of the party obligated to perform,then that parry's performance shall be excused for a period equal to the period of such cause for failure to perform.
II. TERM
VI. RETENTION OF FUNDS
Unless earlier terminated in accordance with Section IV below,or unless the Scope of Services are substantially completed,the AGREEMENT will continue in full force and effect from the Effective Date VENDOR authorizes CITY to deduct from any amount payable to VENDOR(whether or not arising through June 30,2026.Upon mutual written agreement,the term of this AGREEMENT can be out of this AGREEMENT)any amounts the payment of which may be in dispute or that are necessary extended annually under the same terms for an additional one(1)year period,or longer as the parties to compensate CITY for any losses,costs,liabilities,or damages suffered by CITY,and all amounts agree in writing. for which CITY may be liable to third parties,by reason of VENDOR's acts or omissions in performing or failing to perform VENDOR's obligations under this AGREEMENT.In the event that any claim is III. COMPENSATION made by a third party,the amount or validity of which is disputed by VENDOR,or any indebtedness exists that appears to be the basis for a claim of lien,CITY may withhold from any payment due, A. VENDOR's Fee without liability for interest because of the withholding,an amount sufficient to cover the claim.The failure of CITY to exercise the right to deduct or to withhold will not,however,affect the obligations of For services rendered pursuant to this AGREEMENT,VENDOR will be paid in accordance VENDOR to insure,indemnify,and protect CITY as elsewhere provided in this AGREEMENT. with the Compensation Schedule attached hereto as Exhibit B.However,in no event will the total amount of money paid VENDOR,for services initially contemplated by this AGREEMENT VII. CITY REPRESENTATIVE and associated expenses,exceed the sum of two hundred forty-six thousand two hundred seventy-two dollars($246,272),unless otherwise first approved in writing by CITY.Should The Capital Projects Manager is designated as the"City Representative,"authorized to act in its this AGREEMENT be extended pursuant to Section ll,VENDOR's fee may be adjusted upon behalf with respect to the work and services specified in this AGREEMENT and to make all decisions the written agreement of the parties,in the form of an amendment to this AGREEMENT. in connection with this AGREEMENT.Whenever approval,directions,or other actions are required by 1of12 2of12
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CITY under this AGREEMENT,those actions will be taken by CITY Representative,unless otherwise printing computer files.VENDOR hereby grants to CITY all right,title,and interest,including stated.CITY's City Manager has the right to designate another CITY Representative at any time,by any copyright,in and to the documents,designs,drawings,maps,models,computer files, providing notice to VENDOR. surveys,notes,and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.
Vill. VENDOR REPRESENTATIVE(S)
C. All plans,studies,sketches,drawings,reports,and specifications as herein required are the The person(s)employed by VENDOR whose name(s)are set forth immediately following the property of CITY,whether the work for which they are made be executed or not.In the event signatures of the parties executing this AGREEMENT are designated as being the representative(s) this AGREEMENT is terminated,and at the end of the term of this AGREEMENT,all such of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT plans,studies,sketches,drawings,electronic documentation,reports,and specifications shall and make all decisions in connection with this AGREEMENT. be delivered immediately to CITY.VENDOR may retain one copy of each document for VENDOR'S records,but shall have no proprietary rights to them.CITY agrees to indemnify IX. INDEPENDENT CONTRACTOR VENDOR against any damages caused by the unauthorized re-use of said documents.
VENDOR is,and at all times will remain as to CITY,a wholly independent contractor.Neither CITY XIII. INDEMNIFICATION nor any of its elected officials,officers,employees or agents will have control over the conduct of VENDOR or any of VENDOR's employees,except as otherwise set forth in this AGREEMENT and A. Non-design,non-construction Professional Services:
then only as to the results to be accomplished and not the method by which VENDOR provides the To the fullest extent permitted by law(including,but not limited to California Civil Code Scope of Services.VENDOR may not,at any time or in any manner,represent that it or any of its Sections 2782 and 2782.8),VENDOR shall indemnify,defend,and hold harmless CITY,and agents or employees are in any manner agents or employees of CITY. its elected officials,officers,employees,volunteers,and agents("CITY Indemnitees"),from and against any and all causes of action,claims,liabilities,obligations,judgments,or X. BUSINESS LICENSE damages,including reasonable legal counsels'fees and costs of litigation("claims'),arising out of VENDOR's performance or VENDOR's failure to perform its obligations under this VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, AGREEMENT or out of the operations conducted by VENDOR,including CITY's active or unless VENDOR is qualified for an exemption. passive negligence,except for such loss or damage arising from the sole negligence or willful misconduct of CITY.In the event CITY Indemnitees are made a party to any action,lawsuit,or XI. OTHER LICENSES AND PERMITS other adversarial proceeding arising from VENDOR's performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY's option,reimburse CITY VENDOR warrants that it has all professional,contracting and other permits and licenses required to Indemnitees their costs of defense,including reasonable legal fees,incurred in defense of undertake the work contemplated by this AGREEMENT. such claims.
XII. VENDOR'S ACCOUNTING RECORDS;OTHER PROJECT RECORDS B. Non-design,construction Professional Services:
To the extent the Scope of Services involve a"construction contract"as that phrase is used in A. VENDOR shall maintain complete and accurate records with respect to sales,costs, Civil Code Section 2783,this paragraph shall apply in place of paragraph A.To the fullest expenses,receipts,and other such information required by CITY that relate to the extent permitted by law(including,but not limited to California Civil Code Sections 2782 and performance of services under this AGREEMENT.VENDOR shall maintain adequate records 2782.8),VENDOR shall indemnify,defend,and hold harmless the CITY,and its elected of services provided in sufficient detail to permit an evaluation of services. officials,officers,employees,volunteers,and agents("CITY Indemnitees"),from and against any and all causes of action,claims,liabilities,obligations,judgments,or damages,including B. All such records shall be maintained in accordance with generally accepted accounting reasonable legal counsels'fees and costs of litigation("claims'),arising out of VENDOR's principles and shall be clearly identified and readily accessible.VENDOR shall provide free performance or VENDOR's failure to perform its obligations under this AGREEMENT or out of access to the representatives of CITY or its designees at reasonable times to such books and the operations conducted by VENDOR,except for such loss or damage arising from the active records;shall give CITY the right to examine and audit said books and records;shall permit negligence,sole negligence or willful misconduct of CITY.In the event CITY Indemnitees are CITY to make transcripts or copies therefrom as necessary;and shall allow inspection of all made a party to any action,lawsuit,or other adversarial proceeding arising from VENDOR's work,data,documents,proceedings,and activities related to this AGREEMENT.Such performance of this AGREEMENT,VENDOR shall provide a defense to CITY Indemnitees or records,together with supporting documents,shall be maintained for a period of three(3) at CITY's option,reimburse CITY Indemnitees their costs of defense,including reasonable years after receipt of final payment.Upon completion of,or in the event of termination or legal fees,incurred in defense of such claims. suspension of this AGREEMENT,all original documents,designs,drawings,maps,models, computer files,surveys,notes,and other documents prepared in the course of providing the C. Design Professional Services:
services to be performed pursuant to this AGREEMENT shall become the sole property of In the event VENDOR is a"design professional,"and the Scope of Services require VENDOR CITY and may be used,reused,or otherwise disposed of by CITY without the permission of to provide"design professional services"as those phrases are used in Civil Code Section VENDOR.With respect to computer files,VENDOR shall make available to CITY,at 2782.8,this paragraph shall apply in place of paragraphs A or B.To the fullest extent VENDOR's office and upon reasonable written request by CITY,the necessary computer permitted by law(including,but not limited to California Civil Code Sections 2782 and 2782.8) software and hardware for purposes of accessing,compiling,transferring,copying and/or VENDOR shall indemnify,defend and hold harmless CITY and its elected officials,officers, 3of12 4of12
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Attachment 3
employees,volunteers and agents("City Indemnitees"),from and against all claims,damages, hired,non-owned or rented vehicles,in an amount not less than$1,000,000 combined injuries,losses,and expenses including costs,attorney fees,expert consultant and expert single limit for each accident. witness fees arising out of,pertaining to or relating to,the negligence,recklessness or willful 3. Workers'compensation insurance.VENDOR shall maintain Workers'Compensation misconduct of VENDOR,except to the extent caused by the sole negligence,active Insurance(Statutory Limits)and Employer's Liability Insurance(with limits of at least negligence or willful misconduct of CITY.Negligence,recklessness or willful misconduct of any $1,000,000),as required by law. subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR.In 4. VENDOR shall submit to CITY,along with the certificate of insurance,a Waiver of the event CITY Indemnitees are made a party to any action,lawsuit,or other adversarial Subrogation endorsement in favor of CITY,its officers,agents,employees,and proceeding arising from VENDOR's performance of this AGREEMENT,VENDOR shall volunteers. provide a defense to CITY Indemnitees or at CITY's option,reimburse CITY Indemnitees their 5. Errors and Omissions/Professional Liability.VENDOR shall maintain a policy of costs of defense,including reasonable legal fees,incurred in defense of such claims.In no professional liability insurance written on a claims-made basis in an amount not less event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR's than$1,000,000.VENDOR shall also procure and pay for appropriate tail coverage for proportionate percentage of fault.However,notwithstanding the previous sentence,in the a minimum of three years following completion of the Scope of Services to cover any event one or more defendants is unable to pay its share of defense costs due to bankruptcy or errors or omissions occurring during the Term.In the alternative,VENDOR may elect dissolution of the business,VENDOR shall meet and confer with other parties regarding to obtain equivalent coverage on an occurrence basis.CITY's Risk Manager or City unpaid defense costs. Attorney may waive the requirement of professional liability insurance if he/she D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph determines that such a policy is not commercially available to VENDOR.If such a A,B,or C.In the event of any dispute between VENDOR and CITY,as to whether liability policy is commercially available,additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived. arises from the active negligence,sole negligence or willful misconduct of CITY or its officers, employees,or agents,VENDOR will be obligated to pay for CITY's defense until such time as B. Other provisions or requirements:
a final judgment has been entered adjudicating CITY as having been actively negligent,solely negligent or as having engaged in willful misconduct.Except as otherwise required by Civil 1. Proof of insurance.VENDOR shall provide certificates of insurance to CITY as Code Section 2782.8,VENDOR will not be entitled in the absence of such a determination to evidence of the insurance coverage required herein,along with a waiver of subrogation any reimbursement of defense costs including but not limited to attorney's fees,expert fees endorsement for workers'compensation.Insurance certificates and endorsements and costs of litigation.The provisions of this Section 13 shall survive completion of VENDOR's must be approved by CITY's Risk Manager prior to commencement of performance. services or the termination of this AGREEMENT. Current certification of insurance shall be kept on file with CITY at all times during the XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES term of this contract.CITY reserves the right to require complete,certified copies of all required insurance policies,including endorsements to such policies,at any time.
No elected official,officer,employee,or agent of CITY will be personally liable to VENDOR,in the 2. Duration of coverage.VENDOR shall procure and maintain for the duration of the event of any default or breach by CITY or for any amount that may become due to VENDOR. AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by XV. INSURANCE VENDOR,its agents,representatives,employees,or subconsultants.
A. Without limiting VENDOR'S indemnification of CITY,and prior to commencement of the Scope 3. Primary/noncontributing.Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to of Services,VENDOR shall obtain,provide and maintain at its own expense during the term of contribute with it.The limits of insurance required herein may be satisfied by a this AGREEMENT,policies of insurance of the type and amounts described below and in a combination of primary and umbrella or excess insurance.Any umbrella or excess form that is satisfactory to CITY. insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before
1. General liability insurance.VENDOR shall maintain commercial general liability CITY's own insurance or self-insurance shall be called upon to protect it as a named insurance with coverage at least as broad as Insurance Services Office(ISO)form CG insured. 00 01,in an amount not less than$1,000,000 per occurrence,$2,000,000 general aggregate,for bodily injury,personal injury,and property damage.The policy must 4. CITY's rights of enforcement.In the event any policy of insurance required under this include contractual liability that has not been amended.Any endorsement restricting AGREEMENT does not comply with these specifications or is canceled and not standard ISO"insured contract"language will not be accepted. replaced,CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or
2. Automobile liability insurance.If VENDOR owns vehicles used in performing the Scope CITY will withhold amounts sufficient to pay premium from VENDOR payments.In the of Services in any manner,VENDOR shall maintain automobile insurance at least as alternative,CITY may terminate this AGREEMENT as provided in paragraph IV. broad as Insurance Services Office(ISO)form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any 5. Acceptable insurers.All insurance policies shall be issued by an insurance company work to be performed under this AGREEMENT,including coverage for any owned, currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,with an 5of12 6of12
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assigned policyholders'Rating of A-(or higher)and Financial Size Category Class VI against whom claim is made or suit is brought,except with respect to the insurer's (or larger)in accordance with the latest edition of Best's Key Rating Guide,unless limits of liability.The policy(ies)shall not contain any cross-liability exclusions. otherwise approved by CITY's Risk Manager. 13. Pass-through clause.VENDOR agrees to ensure that its sub-consultants,sub-
6. Waiver of subrogation.All insurance coverage maintained or procured pursuant to this contractors,and any other party providing any work under the Scope of Services under AGREEMENT shall be endorsed to waive subrogation against CITY,its elected or the direction of VENDOR,provide the same minimum insurance coverage and appointed officials,agents,officers,employees,and volunteers or shall specifically endorsements required of VENDOR.VENDOR agrees to monitor and review all such allow VENDOR or others providing insurance evidence in compliance with these coverage and assumes all responsibility for ensuring that such coverage is provided in specifications to waive their right of recovery prior to a loss.VENDOR hereby waives conformity with the requirements of this section.VENDOR agrees that upon request, its own right of recovery against CITY,and shall require similar written express waivers all AGREEMENTS with consultants,subcontractors,and others engaged in performing and insurance clauses from each of its subconsultants. work under the Scope of Services will be submitted to CITY for review.
7. Enforcement of contract provisions(non-estoppel).VENDOR acknowledges and 14. CITY's right to revise specifications.CITY reserves the right at any time during the term agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- of the contract to change the amounts and types of insurance required by giving compliance with any requirement imposes no additional obligations on CITY nor does it VENDOR ninety(90)days'advance written notice of such change.If such change waive any rights hereunder. results in substantial additional cost to VENDOR,CITY and VENDOR may renegotiate
8. Requirements not limiting.Requirements of specific coverage features or limits VENDOR's compensation. contained in this Section are not intended as a limitation on coverage,limits or other 15. Self-insured retentions.Any self-insured retentions must be declared to and approved requirements,or a waiver of any coverage normally provided by any insurance. by CITY.CITY reserves the right to require that self-insured retentions be eliminated, Specific reference to a given coverage feature is for purposes of clarification only as it lowered,or replaced by a deductible.Self-insurance will not be considered to comply pertains to a given issue and is not intended by any parry or insured to be all inclusive, with these specifications unless approved by CITY. or to the exclusion of other coverage,or a waiver of any type.If VENDOR maintains 16. Timely notice of claims.VENDOR shall give CITY prompt and timely notice of claims higher limits than the minimums shown above,CITY requires and shall be entitled to made or suits instituted that arise out of or result from VENDOR's performance under coverage for the higher limits maintained by VENDOR.Any available insurance this AGREEMENT,and that involve or may involve coverage under any of the required proceeds in excess of the specified minimum limits of insurance and coverage shall be liability policies. available to CITY.
9. Notice of cancellation.VENDOR agrees to oblige its insurance agent or broker and 17. Additional insurance.VENDOR shall also procure and maintain,at its own cost and insurers to provide to CITY with a thirty(30)day notice of cancellation(except for expense,any additional kinds insurance,which in its own judgment may be nonpayment for which a ten(10)day notice is required)or nonrenewal of coverage for necessary for its proper protection and prosecution of the Scope of Services. each required coverage.In the event VENDOR's policy of insurance cannot be XVI. SUBCONTRACTORS endorsed to provide this notice of cancellation,VENDOR shall provide CITY notice of such cancellation,in writing,not later than 24 hours following the effective time of such Before VENDOR retains or hires a subcontractor to provide any work,labor,or services relative to this cancellation. AGREEMENT,VENDOR must:
10. Additional insured status.General liability policies shall provide or be endorsed to provide that CITY and its officers,officials,employees,and agents shall be additional A. Present the name and identifying information of the subcontractor that will provide any work, insureds under such policies.This provision shall also apply to any excess/umbrella labor,or services to CITY; liability policies.Each such insurance policy shall contain language substantially similar to the following clause: B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY's "The City of Pismo Beach,its elected and appointed officials,officers,employees, approval,which approval will not be unreasonably withheld.Such subcontract agreement must and agents are named as additional insureds as respects operations of the named include an indemnity agreement that is generally in accord with the indemnity obligations insured performed under contract with the City of Pismo Beach." contained in paragraph XI of this AGREEMENT and must specifically name CITY as an indemnified party;and
CITY need not be named as an additional insured on professional liability insurance policies. C. Secure from the subcontractor evidence of insurance coverage that meets with this
11. Prohibition of undisclosed coverage limitations.None of the coverages required herein AGREEMENT including naming CITY as an additional insured as required by this will be in compliance with these requirements if they include any limiting endorsement AGREEMENT,unless such requirement is waived in writing by CITY's Risk Manager as of any kind that has not been first submitted to CITY and approved of in writing by provided in paragraph XXV below.
CITY's Risk Manager or City Attorney.
12. Separation of insureds.A severability of interests provision must apply for all additional insureds ensuring that VENDOR's insurance shall apply separately to each insured 7of12 8of12
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Attachment 3
XVII. CONFLICT OF INTEREST XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING No officer or employee of CITY may have any financial interest,direct or indirect,in this This AGREEMENT and all exhibits are binding on the heirs,successors,and assigns of the parties.
AGREEMENT,nor may any officer or employee participate in any decision relating to the The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the AGREEMENT that affects the officer or employee's financial interest or the financial interest of any prior written consent of the other. corporation,partnership,or association in which the officer or employee is directly or indirectly interested,in violation of any law,rule or regulation. XX. INTERPRETATION No person may offer,give,or agree to give any officer or employee or former officer or employee,nor The terms of this AGREEMENT shall be construed in accordance with the meaning of the language may any officer or employee solicit,demand,accept,or agree to accept from another person,a used and shall not be construed for or against either party by reason of the authorship of this gratuity or an offer of employment in connection with any decision,approval,disapproval, AGREEMENT or any other rule of construction that might otherwise apply. recommendation,preparation or any part of a program requirement or a purchase request,influencing the content of any specification or procurement standard,rendering of advice,investigation,auditing, XXI. SEVERABILITY or in any other advisory capacity in any way pertaining to any program requirement,contract or subcontract,or to any solicitation or proposal. If any part of this AGREEMENT is found to be in conflict with applicable laws,that part will be inoperative,null and void insofar as it is in conflict with any applicable laws,but the remainder of the XVIII. NOTICE AGREEMENT will remain in full force and effect.
All notices,requests,demands,or other communications under this AGREEMENT will be in writing. XXII. TIME OF ESSENCE Notice will be sufficiently given for all purposes as follows:
Time is of the essence in the performance of this AGREEMENT.
A. Personal delivery.When personally delivered to the recipient;notice is effective on delivery.
XXIII. GOVERNING LAW;JURISDICTION
B. First Class mail.When mailed first class to the last address of the recipient known to the party giving notice;notice is effective three mail delivery days after deposit in a United States Postal This AGREEMENT will be administered and interpreted under the laws of the State of California.
Service office or mailbox. Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County,or in the United States District Court for the Central District of C. Certified mail.When mailed certified mail,return receipt requested;notice is effective on California. receipt,if delivery is confirmed by a return receipt.
XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS
D. Overnight delivery.When delivered by an overnight delivery service,charges prepaid or charged to the sender's account;notice is effective on delivery,if delivery is confirmed by the VENDOR will be knowledgeable of and will comply with all applicable federal,state,county and city delivery service. statutes,rules,regulations,ordinances and orders.VENDOR and its subcontractor(s)shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, E. Facsimile transmission.When sent by fax to the last fax number of the recipient known to the religion,national origin,color,age,sex,sexual orientation,AIDS,HIV status,disability,or any other party giving notice;notice is effective on receipt.Any notice given by fax will be deemed basis protected by state or federal law,and shall comply with applicable federal and state equal received on the next business day if it is received after 5:00 p.m.(recipient's time)or on a non- employment opportunity laws,ordinances,rules and regulations. business day.
XXV. WAIVER OF BREACH
Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver.A party's consent or approval of any act by F. Any correctly addressed notice that is refused,unclaimed,or undeliverable because of an act the other party requiring the party's consent or approval will not be deemed to waive or render or omission of the party to be notified,will be deemed effective as of the first date the notice unnecessary the other party's consent to or approval of any subsequent act.Any waiver by either was refused,unclaimed or deemed undeliverable by the postal authorities,messenger or party of any default must be in writing and will not be a waiver of any other default concerning the overnight delivery service. same or any other provision of this AGREEMENT.
G. Either party may change its address or fax number by giving the other party notice of the XXVI. ATTORNEY'S FEES change in any manner permitted by this AGREEMENT.Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this Except as provided for in paragraph XV,in any dispute,litigation,arbitration,or other proceeding by AGREEMENT,and delivery to the last known address or fax number shall be deemed which one party either seeks to enforce its rights under this AGREEMENT(whether in contract,tort or sufficient for notice under this AGREEMENT. both)or seeks a declaration of any rights or obligations under this AGREEMENT,the prevailing party 9of12 10of12
Vendor Agreement(Rev.2/2/2018) Vendor Agreement(Rev.2/2/2018)
Attachment 3
will be awarded reasonable attorney's fees,together with any costs and expenses,to resolve the CITY: VENDOR:
dispute and to enforce any judgment,including post judgment attorney's fees costs and expenses and City of Pismo Beach,a Municipal Corporation MNS Engineers,Inc. any attorneys'fees or costs incurred on appeal of any judgment.
Signed: Signed:
XXVII. EXHIBITS
Name:Mike James Name:
All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference. Title:Acting Director of Public Works Title:
In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit,the Dated:
terms of this AGREEMENT shall control.Notwithstanding the foregoing sentence,the provisions of Dated:
Section XIII of this AGREEMENT shall not be altered,amended,limited or otherwise affected in any Signed:
manner by any language included in an exhibit to this AGREEMENT,even if such exhibit purports to Address forgiving notice(See Section XVIII):
affect the provisions of Section XIII.
Name:Jorge E.Garcia
XXVIII.VENDOR'S AUTHORITY TO EXECUTE Title:City Manager Dated:
The persons executing this AGREEMENT on behalf of the VENDOR warrant that: Email address for official communications:
A. the VENDOR is duly organized and existing under the appropriate State laws; Address for giving notice(See Section XVIII):
B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; 760 Mattie Road,Pismo Beach,CA 93449 C. by so executing this AGREEMENT,the VENDOR is formally bound to the provisions of this Vendor Representative(See Section VIII):
AGREEMENT;and ATTEST:
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to Name/Title:
which the VENDOR is bound. Signed:
XXIX. INTEGRATION;AMENDMENT Name:Erica Inderlied Title:City Clerk
This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it.No prior oral or written understanding will be of any force or effect with respect to the APPROVED AS TO FORM:
terms of this AGREEMENT.The AGREEMENT may not be modified or altered except in writing signed by both parties. Signed:
IN WITNESS WHEREOF,the parties hereto have caused this AGREEMENT to be executed the day Name:David M.Fleishman and year last written below. Title:City Attorney Signatures begin on next page. Attachments:
Exhibit A:Scope of Service
Exhibit B:Compensation Schedule
11of12 12of12
Vendor Agreement(Rev.2/2/2018) Vendor Agreement(Rev.2/2/2018)
Attachment 3
,-> MNS Exhibit A J MNS
©I Launder Coating Protection/Reinstatement.If new meeting will set the tone of cooperation for the project Section 5. Statement of Understanding and through anchors will be required for installation of and elaborate on contract requirements and concerns.
Scope of Work the new scum beaches,MNS will review the proposed MNS will distribute meeting minutes to all parties in installation procedures with the contractor in detail to attendance. avoid damage to the launder coating.MNS will inspect
the coating for cracks and anchors for possible leaks. Contract Administration/Document Control The contractor will be required to provide a leak proof MNS will develop an administration system to assure penetration and coating repair kit consistent with the all elements of the actual construction are furnished, existing coating system,if necessary. installed,and constructed in accordance with the Sprayers/Piping.The water piping and sprayers contract documents and applicable standards, supported on the bridge are to be reinstalled as part of providing organization of files and computer- the Project.MNS will highlight early on that the bridge generated forms and spreadsheets to assist in tracking design will need to accommodate reinstallation of correspondence,submittals,requests for information the components.As the bridge design is typically (RFIS),contract change orders(CCOs),and progress t" ents.Contract administration includes:
"�.•'' subcontracted out to the mechanism manufacturer, paym this type of coordination is regularly missed by Daily diaries contractors. Labor compliance and certified payrolls Statement of Understanding information for fabrication of the mechanisms and to coordinate construction. • Electrical/Controls Panel/Instrumentation.MNS Logs for submittals,RFIs,CCOs,and materials testing The City's Plant Clarifiers Equipment Replacement Project Long Lead Time.The MNS team was recently involved understands new conduit is to be run from the edge results (Project)consists of removal and disposal of existing in an emergency clarifier mechanism installation. of the clarifier to the center control panel and drive Correspondence,permits,and agreements clarifier mechanisms,supply and install of two 65-foot- unit,while new conductors are to be run to the Motor Even under emergency conditions,submittals and • Progress schedule/Weekly Statement of Working Days diameter by 13-feet-10-inches side wall depth stainless manufacture of the mechanism took six months to Control Center.The existing solenoid valve,alarms (WSWDs) steel circular spiral blade,cage drive clarifiers.The receive an uncoated mechanism,twice the time (shear pin,torque),and limit switch for the skimmer equipment will include a center drive unit with torque will also need to be reinstated.The MNS inspectors Progress pay estimates and quantities originally quoted(coatings were applied in the field to Pote• control,walkway and platform with handrail,stationary expedite installation as factory coatings were reported proposed are experienced overseeing electrical ntial claims center influent column,influent dispersion well,center to take an additional 8-12 weeks). terminations and startup.The mechanisms will be Safety and traffic control feedwell,cage,rake arms,spiral blades,scum skimmer Confirmation of Clarifier Dimensions.As part of bumped to confirm rotation,and overloads and Material verification •
supports,scum skimmers,scum box,anchor bolts and alarms tested. Weekly meetings agenda and minutes submittal development,the selected mechanism y g 9 all other appurtenances.The existing scum baffle,weir
manufacturer will request confirmation various Scope of Work plates,and density current baffle will remain. �site Documentation clarifier dimensions.In order to confirm these
MNS has reviewed the Clarifiers Bid Package and offers dimensions,the City should anticipate shutting down, MNS staff will support the City by providing construction MNS will take pre-construction site photos to the following insight on key components for project draining,and cleaning out each clarifier for a two to management and daily full-time inspection in document the existing condition of the Project limits success: three day duration during submittal preparation.MNS accordance with the contract documents for the Project prior to construction.MNS will document construction Work Sequencing.MNS understands the City's
will coordinate shutdowns with the contractor early on per the following tasks. throughout the life of the Project.Photos will be logged • and filed in the Project files. operational limitations with respect to meeting to provide ample notification to City operations staff Regional Water Quality Control Board discharge permit and attempt to avoid periods of known high flows(i.e. TASK 1 Pre-Construction Services TASK 2 Construction Services requirements as it relates to this Project,specifically as wet weather). Pre-Construction Conference it relates to taking the clarifiers offline for rehabilitation. Uneven Clarifier Bottom.As the mechanisms will MNS will organize and conduct a pre-construction Project Communication and Coordination Both clarifiers need to remain in operation from be installed in existing clarifiers,the bottom of the meeting.The Construction Manager(CM)will prepare The CM will oversee project communication and November 1 to March 31 and May 29 to Augustt 30.One clarifiers may be uneven,which can impact the and distribute an agenda prior to the meeting.At the coordination between the City,Design Engineer, clarifier must remain in operation at all times during efficiency of the scrappers.MNS inspectors are well pre-construction conference,we will discuss the roles residents,and contractor throughout the construction the months of April 1 to May 28 and September 1 to versed in retrofitting existing clarifiers and will spend and responsibilities of the project team(City,design phase.Weekly updates will be provided to the City, October 31.MNS will coordinate with the contractor time monitoring mechanism rotation.MNS will work engineer,construction manager,materials testing/ specifically identifying anticipated public impacts for and manufacturer early on to obtain all necessary with the contractor to adjust and level the mechanism special inspection,contractor,etc.)as well as establish the upcoming week.Progress meetings will be held until optimal operation is achieved. the protocol to be used throughout the project.The periodically during the procurement phase and weekly SECTION 5.STATEMENT OF UNDERSTANDING AND SCOPE OF WORK E SECTION 5.STATEMENT OF UNDERSTANDING AND SCOPE OF WORK E
Attachment 3
J MNS J MNS
during the construction phase.The CM will distribute Determine the validity and justification for all CCOs EMIR"W"Safety IMIM Final Punchlist an agenda prior to the meeting and record meeting Notify the City if CCOs are needed The contractor has sole responsibility for compliance The CM/Inspector will prepare and submit a final punch minutes. Negotiate costs with the contractor with safety requirements on the construction contract, list of outstanding contract items to the contractor.MNS • Prepare CCO documentation for City authorization but MNS will monitor compliance with their safety will conduct a final inspection in the presence of the City The CM will review andd approve the contractor's baseline Track all CCOs against project contingency balance Project Adherence program and advise the City of observed deficiencies. representatives and the contractor. ppro •
The contractor's Safety Plan,Traffic Control Plan,and
schedule at the start of the Project.The CM will require The CM will work closely with the City,design engineer, Cal/OSHA Construction Safety Orders will guide our Red-line As Builts and review three-week-look-ahead schedules from and the contractor to resolve CCOs and/or disputes. inspectors in monitoring the contractor's work. MNS will track and maintain as-built drawings in the contractor on a weekly basis.The contractor will be accordance with the contract requirements and ensure issued WSWDs to document the progress of the work construction Inspection Permit Management they are complete to the extent feasible.The CM will and the number of working days expended. The construction inspector will be on-site daily to MNS will monitor the construction to ensure all items of hold regular meetings with the contractor to monitor observe the work with the goal of verifying it is performed work are performed in accordance with encroachment the status of the as-built drawing set,which is often Cost control safe) and in accordance with the contract documents. permits,and stormwater pollution control requirements. made a contingency fora approval of the month) a The Project's document control system will track and y p p q s y pp f pay The Construction Inspector's responsibilities will also request.The inspector will also keep a field set of as-built monitor the actual Project construction costs.The include: �commissioning drawings for use in reviewing the contractor's copy. tracking of contract item payments and quantities is MNS will oversee commissioning of the clarifier incorporated into the progress payment spreadsheet. Daily Inspection.Inspect the construction for p p g p y p compliance with the plans and specifications. mechanisms and will pay careful attention to rotation TASK 3 und payments,extra work,and item overruns and and leveling of the rake arms for optimal operation. Project nderruns will also be tracked.The project contingency •Quality Assurance.Ensure the contractor's overall Closeout quality control is implemented in a manner consistent MNS'inspectors are very experienced in mechanism balance will be verified as part of the monthly progress q y p installation and rehabilitation. Once the contractor provides the required pay estimate review and submittal. with the projects'Special Provisions. documentation,MNS will submit an acceptance •Traffic Control/No Parking Zones.Inspect the recommendation report with the final pay request for Progress Pay Estimate contractor's daily traffic control per approved payment.MNS will submit job files and final reports to the MNS will track each contract item and review the standards.Notify the contractor of any perceived City upon completion of the contract. quantity to be paid for each progress pay estimate. unsafe conditions.
The Construction Inspector will track any extra work Daily Reports.Prepare daily inspection reports, and supplemental work costs to be compared against daily quantities,note any safety issues,and include the authorized change order amounts.We will review an accurate description of the work,labor,and the contractor's monthly request for payment and equipment.Note any extra work or changes to the --! -- o — recommend approval for payment to the City. plans.Maintain photographic record of construction. 7W ® Materials.Verify approved materials are incorporated Submittals/RFIs
into the project. 11 i '" '"
MNS will perform a timely review of submittals and RFIs; - all submittals and RFIs will be reviewed for completeness, Acceptance/Performance Testing.Coordinate .- logged,and distributed as appropriate.MNS will monitor acceptance and performance testing in conformance with the contract documents.
the log to verify responses are submitted in a timely
manner. Materials Testing/Special Inspection.While not 1 anticipated on this project,if necessary due to
h.
CCO and Claims Management changes in work,MNS will coordinate with the Materials Prior to beginning any contract work,we will coordinate Testing and Special Inspection firm as needed and NO �
with the City to define the CCO process.All CCOs must will maintain testing records with current tester and define the project scope of work and limits and comply laboratory certifications placed in the construction file. A with the project documents.MNS will be proactive in Punch List.Prepare punch list and inspect for identifying actual and potential problems and work completion of punch list work items. towards a timely and cost-effective solution.The CM will:
i
SECTION 5.STATEMENT OF UNDERSTANDING AND SCOPE OF WORK ® ION 5.STATEMENT OF UNDERSTANDING AND SCOPE OF WORK
Attachment 3
Exhibit B
Construction Management and Inspection Services
Pismo Beach Wastewater Treatme
nt Plan
t
Clarifiers Equipment Replacement Project
City of s m o Beach
aroiect 1cle-e
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MNS
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