FOURTH AMENDMENT TO THE AGREEMENT
FOR CONSULTING SERVICES BETWEEN
THE CITY OF REDONDO BEACH
AND PACIFIC ADVANCED CIVIL ENGINEERING, INC.
THIS FOURTH AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES Fourth Amendment") is made between the City of Redondo Beach, a chartered municipal corporation (" City') and Pacific Advanced Civil Engineering, Inc., a California corporation Contractor" or" Consultant").
WHEREAS, on July 5, 2016, the City and Consultant originally entered into the Agreement for Consulting Services between the City and Consultant the " Agreement"); and
WHEREAS on September 6, 2016, the parties entered into a First Amendment First Amendment") to modify the scope of services, and increase Consultant's total compensation limit to the amount of$ 693, 077; and
WHEREAS on May 7, 2019, the parties entered into a Second Amendment ("Second Amendment") to modify the scope of services, extend the term of the Agreement to May 7, 2024, and reallocate the amounts allocated to each task; and WHEREAS, on October 15, 2019, the parties entered into a Third Amendment ("Third Amendment") to modify the scope of services, and increase Consultant' s total compensation limit to the amount of$ 753, 077; and
WHEREAS, the parties desire to amend the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. SCOPE OF SERVICES. Exhibits " A" to " A- 3" of the Agreement are hereby amended to add Exhibit " A- 4", which adds task 12 to the scope of services. Exhibit "A- 4" is attached hereto and incorporated by reference.
2. COMPENSATION. Exhibits " C" to " C- 3" of the Agreement are hereby amended to add Exhibit" C- 4" to increase the limit for the total compensation paid to Consultant by 89, 440 for a total compensation limit of$ 842, 517, and amend Consultant' s party of notice. Exhibit" C- 4" is attached hereto and incorporated by reference. Consultant shall be compensated for the services described in Exhibits " A" to" A- 4" of the Agreement.
3. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, Second Amendment, Third Amendment, and this Fourth Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement, First Amendment, Second Amendment, Third Amendment, and this Fourth Amendment, the terms of this Fourth Amendment shall govern.
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IN WITNESS WHEREOF, the parties have executed this Fourth Amendment in Redondo Beach, California, as of this 13th day of July, 2021.
CITY OF REDONDO BEACH, PACIFIC ADVANCED CIVIL
a chartered municipal corporation ENGINEERING, INC.,
a California corporation—
William C. Brand, Mayor Name: max KIY,VLS
Title: Ptt.SirAP, vly
ATTEST: APPROVED:
g)1C(//-----
Eleanor Manzano, City rk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
111; 44
Michael W. Webb, City Attorney
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EXHIBIT " A-4"
PROJECT DESCRIPTION AND/ OR SCOPE OF SERVICES
CONSULTANT' S DUTIES
Task 12. Consultant shall perform the following duties for the dewatering Quantity and Quality Investigation and Analysis at Yacht Club Way and Portofino Way Wastewater Pump Stations.
1. Provide one soil boring at each Pump Station location with corresponding geological analysis to estimate the groundwater dewatering quality and quantity required from each site to be used for the station' s future planned construction.
2. Provide water quality sampling for the groundwater extracted from each boring location, and compare with another sample obtained from the King Harbor. The Harbor is the proposed discharge point for the dewatering water during pump station construction. Estimate and determine treatment requirements and techniques based on the results from the analysis, and allocate space at each site and describe in the construction specifications.
3. Coordinate with the City and the Los Angeles Regional Water Quality Control Board Board) based on the results of this analysis, to obtain discharge permits and issue technical memos for the two project locations.
4. Provide geotechnical recommendations to evaluate subsurface conditions at the locations of the proposed submersible pump stations and valve vaults. The field exploration for the new station structures will consist of a total of one boring each which will be placed as close to the footprint of the proposed structure as possible.
5. Drill the boring to a maximum depth of 50 feet. Record the groundwater level during drilling operations. Convert the boring to a temporary piezometer to obtain a sample of the groundwater to test for petroleum hydrocarbons, total dissolved and suspended solid, and heavy metals.
6. Remove the piezometer after obtaining the groundwater sample. Collect a sample of the Harbor water for analysis. Provide recommendations for an open excavation.
Obtain a Los Angeles County Department of Public Health boring/ piezometer permit.
7. Locate underground utilities and the boring location based on landmarks or stakes furnished. Conduct laboratory testing, including chemical analysis for corrosivity; perform seismic and geologic hazard screening; evaluate liquefaction potential; and prepare a report. Perform the borings with a hollow stem auger/ rotarywash drilling rig and by hand auger. Prior to performing the soil boring, coordinate with Underground Service Alert and a private utility locator to identify underground utilities. Provide traffic control during drilling operations in accordance with the MUTCD manual.
8. Drilling Operations — Log the borings and obtain representative soil samples at selected depths and at changes of soil stratum. Record groundwater levels during 4 -
drilling operations. Drum excess cuttings and prepare proper manifest for City' s signature. Dispose of drums off-site. Convert the borehole to a temporary piezometer and measure the depth to water. Perform environmental groundwater sampling to meet all Board construction dewatering sampling requirements for a dewatering permit after the piezometer has been constructed and purged. Test the groundwater once for the following:
a. EPA 6010B—Metals;
b. EPA 8015B—Total Petroleum Hydrocarbons Diesel ( TPHd), Total Petroleum Hydrocarbons Motor Oil ( TPHmo);
c. Total Dissolved and Suspended Solid in groundwater; and d. EPA 80158—Total Petroleum Hydrocarbons gas ( TPHg), Benzene, Toluene, Ethylbenzene and Xylene ( BTEX), and Methyl Tertiary- Butyl Ether( MTBE).
9. Sample and analyze a sample of the Harbor water near the piezometer location for the same constituents as from the piezometer. Perform Soils Analyses Laboratory testing on representative soil samples to evaluate their engineering properties.
Include laboratory test results on the boring logs and within the geotechnical report.
10. Seismic and Geologic Hazard Screen — Include a review of available seismic hazard maps and technical publications in seismicity screening. Review the following potential seismic and geologic hazards:
a. AESCO Proposal No. P6957B Construction Material Testing/Inspection Environmental & Geotechnical Engineering Services liquefaction, b. seismic ground shaking,
c. lateral spreading,
d. differential settlement, and
e. fault rupture.
11. Provide signed copies of written report that include the following:
a. A brief description of the proposed project;
b. a site location map showing boring locations;
c. a description of the field investigation and laboratory testing; d. the laboratory test results and boring logs;
e. potential seismic hazards, including Seismic Zone Coefficients, soil profile, depth to groundwater, ground shaking and liquefaction potential; f. earth pressures for temporary shoring; geotechnical feasibility evaluation; g. soil parameters for design including active and passive pressures; h. dewatering recommendations; and earthwork recommendations.
Summarize and discuss the environmental groundwater and Harbor water tests results.
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EXHIBIT" C-4"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. For the services described herein, Consultant shall be paid in accordance with the following schedule.
Total Not to
Exceed
Man- Hour Breakdown Rate Hours Amount
Sr. Project Manager 225 32 7, 200. 00
Project Manager 210 40 8, 400. 00
Project Engineer 185 24 4,440. 00
Project Coordinator/ Admin Support 95 48 4, 560. 00
Portofino Way PS Geotechnical &
32,420. 00
Dewatering Assessment
Yacht Club Way PS Geotechnical &
32,420. 00
Dewatering Assessment
Task 12 Total 89, 440. 00
In no event shall the total compensation paid to Consultant exceed $ 842, 517 during the term of the Agreement.
B. METHOD OF PAYMENT. Consultant shall provide monthly invoices indicating the monitoring season, type of samples, location of samples, quantity, unit cost, applicable rate, hours, and total amount, to City for approval and payment. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide back- up material upon request.
C. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty (30) days of receipt of the monthly invoice, provided however, that services are completed to City' s full satisfaction.
D. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street
Fountain Valley, CA 92708
Attention: Andy Komor
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City: City of Redondo Beach
Public Works Department, Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: Andrew Winje, City Engineer
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail.
Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
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THIRD AMENDMENT TO THE
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND PACIFIC ADVANCED CIVIL ENGINEERING, INC.
THIS THIRD AMENDMENT TO THE AGREEMENT FOR CONSULTING
SERVICES ("Second Amendment") is made between the City of Redondo Beach, a Chartered Municipal Corporation ("City") and Pacific Advanced Civil Engineering, Inc., a California Corporation (" Consultant").
WHEREAS, on July 5, 2016, the City and Consultant originally entered into the Agreement for Consulting Services between the City and Consultant the " Agreement"); and
WHEREAS on September 6, 2016, the parties entered into a First Amendment First Amendment"); and
WHEREAS on May 7, 2019, the parties entered into a Second Amendment (" First Amendment"); and
WHEREAS, the parties wish to amend the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. Scope of Services. Exhibit " A- 2" of the First Amendment is hereby deleted in its entirety and Exhibit" A" of the Agreement is amended to add additional duties to complete the South Redondo PCH Sanitary Sewer Conveyance System Improvements as outlined in Exhibit" A- 3". Exhibit" A-3" is attached hereto and incorporated by reference.
2. Schedule of Completion. Exhibit " B" of the Agreement is hereby deleted in its entirety and replaces with Exhibit " B- 3" amended to extend the term of the Agreement. Exhibit " B- 3" is attached hereto and incorporated by reference.
3. Compensation. Exhibit " C" of the Agreement is hereby amended to add Exhibit " C- 3" which adds $ 60, 000 of additional funds to this Agreement to cover the cost of the additional services described in Exhibit " A-3". To the extent that Exhibit " C- 1" and " C- 2" allocated funding for the scope of services contained in Exhibits " A- 1" and " A-2," respectively, it is hereby deleted. Exhibit " C- 3" is attached hereto and incorporated by reference. 1 -
9 4. No Other Amendments. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, the First Amendment, Second Amendment and this Third Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof.
In the event of any inconsistency between the terms of the Agreement, the First Amendment, or Second Amendment, the terms of this Second Third Amendment shall govern.
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IN WITNESS WHEREOF, the parties have executed this Third Amendment in Redondo Beach, California, as of this 15th day of October, 2019.
CITY OF REDONDO BEACH PACIFIC ADVANCED CIVIL
ENGINEERING, INC.
c=
C By: la(4
William C. Brand
Mayor Name: Andrew T. Komor, PE
Title: Vice President
ATTEST:
0 Eleanor Manzano, Ci & erk
APPROVED:
Jill chholz, R sk Manager
APPROVED AS TO FORM:
dfr3r(,/ Wlf
Michael W. Webb, City Attorney
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EXHIBIT " A-3"
SCOPE OF SERVICES
CONSULTANT' S DUTIES
Task 1 — Seaside Lagoon Short-Term Treatment Improvement Evaluation Consultant shall visit the site and investigate the existing configuration of chlorination/ dechlorination setup, influent and effluent distribution piping, points of chemical injection, mixing strategies, and operating protocols to optimize the existing treatment system configuration and evaluate potential short- term treatment modifications to comply with discharge permit requirements.
Consultant shall provide equipment, materials, and labor to perform the water quality analysis at the Seaside Lagoon of following sampling locations.
1. Chlorinated influent to the Lagoon
2. Residual chlorine in the Lagoon ( minimum of three sampling points)
3. Dechlorinated Lagoon discharge
The following water quality parameters will be tested for the evaluation and cost involved for the listed tests that are included in the Task 1 compensation.
Table 1— Water quality parameters tested in Task 01
M
t Mfr y t a, a t
Class t V' t
parameter E Method Equipmen Major Significance fa
Handheld
Sensitive for
pH
probe
Hach HQ40d chlorination
General effectiveness
ORP
Handheld
ORPTestr 10
Oxidation Status of the
probe lagoon water
Free
HACH 8021
HACH DR 2800/ Hach
Residual Chlorine Conc.
Disinfection Chlorine DR 900
Residual Total HACH DR 2800/ Hach
Chlorine
HACH 8167
DR 900
Chloramine Conc.
TSS SM 2540D Test America Laboratory Permit requirement Outsourced
samples Oil and
Grease
SM 16646 Test America Laboratory Permit requirement
Consultant to perform an onsite chlorine demand test to optimize the chlorine dosage requirement and bench scale testing will be carried out to confirm the strength of the stock solutions used for chlorination and dechlorination.
Task 2 — Seaside Lagoon Long-Term Improvements Development 4 - tiooN o.
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Consultant to study alternative seawater intake opportunities and operational methods ( closed- system) to continuing operating the Lagoon in the event the AES Powerplant's discharge pipe is no longer available to provide intake Lagoon water.
Consultant shall review existing treatment system at the Seaside Lagoon including the influent and effluent pipe layout, operating protocols, and operating permit requirements to develop long- term treatment alternatives ( minimum of 3) which will minimize or eliminate the requirement of discharge to the harbor and maximize operational cost savings. The process diagrams, sizing, and conceptual design drawings shall be submitted to the City for review.
Task 3 — Conceptual 30% modification design
Based on Task 02 conceptual treatment modifications, the consultant shall submit 10% site layout drawings for the preferred design approach for the City' s review.
Consultant shall provide 30% design drawings on 11 x 17 format; including design data, hydraulic process calculations, capital and operating cost estimates, equipment selection information, and electrical system design.
Task 4— General Review
Consultant shall review seawater intake and outflow regulatory permit requirements and advise the client on necessary modifications required for the current permits based on the alternative conceptual treatment modifications.
Consultant to identify operational and structural improvements necessary to compensate the proposed conceptual design.
Task 5 — Preliminary Engineering Report and Conference Call Consultant shall provide calculations, the results of the analysis, findings, and recommendations from Task 01, Task 02, Task 03 and Task 04 in a Preliminary Engineering Report. Consultant shall arrange status conference calls (up to 4) with the City to report the findings and recommendations in order to proceed with the next phase of the project.
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EXHIBIT " B- 3"
SCHEDULE FOR COMPLETION
Term. The term of this Agreement shall commence on October 15, 2019 and expire on May 7, 2024, unless otherwise terminated herein.
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EXHIBIT " C- 3"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the following hourly rates.
Hourly Rate Schedule
Description Hourly
Rate
Principal 240
Project Manager 190
Project Engineer 156
Construction Engineer 156
Design Engineer/ Modeler 136
Structural Engineer 156
Electrical Engineer 156
Sr. CAD Designer 117
Instrumentation & Controls Specialist 125
Project Coordinator/ Admin Support 70
Notwithstanding the foregoing, in no event, shall Consultant' s compensation exceed the following amounts for each task without the approved written consent of City. Consultant' s total compensation shall include all expenses, materials, labor, shipping, tax and travel.
Amendment# 3 Task Description:
Funding:
1. Short-Term Treatment Improvement Evaluation 5, 000
2. Long-Term Improvements Development 13, 800
3. Conceptual 30% Modification Design 22, 000
4. General Review 9, 200
5. Preliminary Engineering Report and Conference call 10, 000 TOTAL FUNDING AMENMDENT# 3: 60, 000
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Funding Summary:
Funding for Agreement: 460, 478
Funding for Second Amendment: 232, 599
Funding for Third Amendment: 60, 000
Total Agreement Amount: 753, 077
B. METHOD OF PAYMENT. Consultant shall provide monthly invoices based upon the time spent during the previous month to City for approval and payment. Invoices shall be based on the time spent and work completed in the month prior to the invoice submission. Consultant shall submit two hard copies of the invoice with supporting documentation.
Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City.
C. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty 30) days of receipt of the monthly invoice; provided, however, that payments by City shall not exceed the proportion of the phase or task completed, and payment for each phase or task shall not exceed the amounts described in Section A of this Exhibit "C".
D. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street
Fountain Valley, CA 92708
Attn: Andy Komor
City: City of Redondo Beach
Public Works Department, the Engineering
Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Andrew Winje, City Engineer
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
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SECOND AMENDMENT TO THE
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND PACIFIC ADVANCED CIVIL ENGINEERING, INC.
THIS SECOND AMENDMENT TO THE AGREEMENT FOR CONSULTING
SERVICES (" Second Amendment") is made between the City of Redondo Beach, a Chartered Municipal Corporation (" City") and Pacific Advanced Civil Engineering, Inc., a California Corporation (" Consultant").
WHEREAS, on July 5, 2016, the City and Consultant originally entered into the Agreement for Consulting Services between the City and Consultant the " Agreement"); and
WHEREAS on September 6, 2016, the parties entered into a First Amendment First Amendment"); and
WHEREAS, the parties. wish to amend the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. Scope of Services. Exhibit " A-1" of the First Amendment is hereby deleted in its entirety and Exhibit "A" of the.Agreement is amended to add additional duties to complete the South Redondo PCH Sanitary Sewer Conveyance System Improvements as outlined in Exhibit "A=2 Exhibit A-2" is attached hereto and incorporated by reference.
2. Schedule of Completion. Exhibit " B" of the Agreement is hereby amended to extend the term of the Agreement from. July 4, 2021 to May 7, 2024.
3. Compensation. Exhibit" C" of the Agreement is hereby amended to add Exhibit " C- 2" to reallocate the current not to exceed amount of$ 693, 077.
To the extent that Exhibit "C=1" allocated funding for thescope of services contained in Exhibit " A- 1" it is hereby deleted. Exhibit " C- 2" is attached hereto and incorporated by reference.
4. No Other Amendments. Except as expressly stated herein, the.Agreement shall remain unchanged and in full force and effect. The Agreement, the First Amendment and this Second Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement, the First Amendment, 1 - ct,..,, oNDosefo
and the Second Amendment the terms of this Second Amendment shall govern.
IN WITNESS WHEREOF, the parties have executed this Second Amendment in Redondo Beach, California, as of this 7th day of May, 2019.
CITY OF REDONDO BEACH PACIFIC ADVANCED CIVIL
ENGINEERING, INC.
By: C -
William C. Brand
Mayor Name: Olks.A.Q5 vt-LAWS
Title: .51e.. Qj
ATTEST: APPROVED:
D
Eleanor Manzano, ;9 Clerk Jill Buchh k Manager
APPROVED AS TO FORM:
tdd
Michael W. Webb, City Attorney
EXHIBIT'' A-2"
SCOPE OF SERVICES
CONSULTANT'S DUTIES
Consultant shall perform the following additional duties for the completion of the South Redondo PCH Sanitary Sewer Conveyance System Improvements.
TASK.1 -. USA MARKING & TOPOGRAPHIC SURVEYING
a. Consultant shall conduct and complete a Feasibility Study to assess the utility layout for the PCH Sanitary Sewer Conveyance System Improvements.
b. Consultant shall coordinate with the Under Service Alert( USA) markings on the streets per the preliminary sewer pipe alignment. PACE to hire a subconsultant to providesurveying service to identify location and elevation of all surface features, manholes, valve covers, access ramps, light poles, pavement stripings, pavement markers, marked underground utilities, signs, storm drain catch basins, property boundaries, city boundaries, Caltrans' right- of-way, curb and gutter, and various sections of street elevations ( typical 20' cross- section increment) to provide data to the Consultant to develop a base map for the project.
TASK 2 —.MEETINGS.&_GENERAL. COORDINATION
Consultant shall provide up to six ( 6) general meetings and conference calls with City team for detail discussion of any deliverables, and to attend any City Council meetings.
TASK 3 — DEVELOP BASE MAP (SURVEY, RECORD. DRAWINGS, GIS, UTILITIES_MAP,-&. SITE VISIT)
Consultant shall prepare a base maps for pipeline plans and profiles using data obtained fromthe surveyor.. The City' s existing digital GIS shape files shall be layered into base maps, along with all physical elements, including and not limited to right- of-way, curbs and gutters, centerlines, existing active and abandoned utilities, etc. Surveyor shall obtain depth, ' invert elevation, depth to valve stems from existing manholes and valve covers.
Consultant to notify obtain updated maps from utility companies delineating existing utilities, and to determine if there are proposed improvements within the project limit. All such proposed improvements shall be included in the base maps to identify potential conflict with proposed design alternative( s). Consultant shall review City' s record drawings and show all existing improvements in the base maps.. Consultantshall make sitevisits to validate information shown on all base maps.
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TASK 4 - CEQA EXEMPTION, MEETING WITH TORRANCE & REDONDO
BEACH PLANNING DEPARTMENTS, NOTICE OF EXEMPTIONS
Consultant shall prepare CEOA Notice of Exemption documentation based on typical pipeline replacement or short redundant new pipeline project exemption.
TASK 5 — 50% SUBMITTAL
Consultant shall prepare and submit 50% design plans with profiles and other necessary improvements for City review. The plans shall include complying with City standards, Caltrans' s standards, and City of Torrance standards.
TASK 6 — POTHOLING
Consultant shall hire, direct, and coordinate sub- contract potholing service and coordinate with the City for traffic control to determine the precise horizontal and vertical positions of the existing underground utilities that may be in conflict, including pavement thickness, surrounding backfill soil type, size, type, and material of existing underground utilities along proposed pipeline alignment.
Potholing service shall also include pavement removal, excavation, and pavement replacement.
TASK 7—.PRELIMINARY_PERMITTING PROCESS (CALTRANS & CITY OF
TORRANCE)
Consultant shall work with the City to obtain encroachment perm.its from Caltrans and the City of Torrance. Consultant shall prepare and submit permit applications, plans, and Storm Water Pollution Control Program application for Caltrans:
TASK 8 —.90% TRAFFIC: CONTROL PLANS
Consultant:shall hire a sub-consultant to prepare 90% traffic control plans for the project. Plans shall show various phases of construction activities for segments of pipelines, crossing of intersections, sewer bypass for connections, and crossing Pacific Coast Highway. Traffic control plans include up to nine ( 9) plan sheets and shall be submitted with the 90% submittal for the project.
TASK 9 =. 90% PIPELINE ALIGNMENT & PROFILE, SPECIFICATIONS &
CONSTRUCTION COST ESTIMATE SUBMITTAL
Consultant shall prepare and submit 90% design plans with profiles and other necessary improvements for review by City. Plan sheets shall include up to thirteen ( 13) plan sheets submitted for review ( excluding additional sheets for traffic control plans). Consultant shall also submit 90% specifications, using City' s boiler plate contract and bid documents. Consultant shall submit a preliminary construction cost estimate and an updated project schedule. 4 -
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TASK 10.—APPLY FOR PERMITS AS 1ST SUBMITTAL (CALTRANS & CITY
OF TORRANCE)
Consultant shall prepare all applications, applicable 90% improvement plans, 90% traffic control plans, 90% striping plans, and other required exhibits for encroachment permits, and work with the City to jointly submit encroachment permit packages to Caltrans, and the City of Torrance.
TASK 11 — 100% TRAFFIC CONTROL PLANS
Consultant shall submit 100% traffic control and striping plans along with 100% submittal for the project.
TASK 12 — 100% PIPELINE ALIGNMENT & PROFILE, SPECIFICATIONS &
CONSTRUCTION COST ESTIMATE SUBMITTAL
Consultant shall prepare and submit 100% design plans with profiles and other necessary improvements for review by City. In addition, Consultant shall submit 100% specifications, using City' s contract and bid documents, and an updated preliminary construction cost estimate with the proposed bid schedule.
TASK 13 —2ND SUBMITTALEOR PERMITS ( CALTRANS & CITY OF
TORRANCE)
Consultant shall prepare all updated applications, applicable 100% improvement plans, 100% traffic control plans, 100% striping plans, and other required exhibits for encroachment permits, and work with the City to jointly submit updated. encroachment permit packages to Caltrans and. the City of Torrance.
TASK 14 — FINAL SUBMITTAL AND OBTAINING APPROVALS FOR PERMITS
CALTRANS & CITY OF TORRANCE)
Consultant shall prepare all final applications, applicable final improvement plans, final traffic control plans, and other required exhibits for encroachment permits, and work with the City to jointly submit final encroachment permit packages to Caltrans and the City of Torrance.
TASK 15 — FINAL SIGNED. PLANS- IN. MYLARS, ELECTRONIC
SPECIFICATIONS AND ELECTRONIC ENGINEER' S COST ESTIMATE
SUBMITTAL
Consultant shall print, sign, and submit final design plans with profiles, traffic control plans, and striping plans in full- size mylar. Consultant shall submit and sign the final specifications and bid schedule, and the final engineers construction cost estimate ( provided in electronic.format (pdf, Microsoft Word and/or Excel formats).
TASK 16 — BID ASSISTANCE
Consultant shall assist the City with answers questions during the bidding process and shall be available upon request to provide technical support during bidding including answering all technical questions and developing technical addenda. 5 -
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Consultant' s efforts can include: ( 1) attending the Pre- Bid Conference and site tour as the City' s design representative, to prepare meeting notes and gather questions from potential bidders for possible addenda;( 2) responding to technical questions; 3) preparing addenda to respond to technical questions and other technical clarifications; and ( 4) evaluating and analyzing bids for conformance to the bid documents and to make a recommendation for project award.
TASK 17 — CONSTRUCTION ENGINEERING SUPPORT WITH SUBMITTAL S_ 20), RFI' S ( 10), & FIELD MEETINGS ( 10)
Consultant shall be available upon request by the City to provide technical support during construction including construction meetings, reviewsubmittals, and review RFIs.
Consultant' s effort may include: ( 1.) attending up to ten ( 10) field meetings or site visits, to provide opinions and observations to the City regarding general compliance to approved plans and specifications, and/ or to assist the City in resolving field related issues; ( 2) responding up to ten ( 10) RFIs to the City, for which an interpretation may or may not represent a material change in the design or operational intent of the City' s
facility; and ( 3) responding up to ten ( 10)
submittals to the City, to ascertain that the submitted items conform generally to the intent of the bid documents.
TASK 18 — REIMBURSABLE. AGENCY PERMIT FEES
PACE shall pay required permit fees associated with permits and be reimbursed for any such permits fees at 0% mark- up.
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EXHIBIT " C=2"
COMPENSATION
Provided that Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the following hourly rates.
Hourly Rate Schedule
H
Ra eyRate
Principal 240
Project Manager 190
Project Engineer 156
Construction Engineer 156
Design Engineer/ Modeler 136
Structural Engineer 156
Electrical Engineer 156
Sr. CAD Designer 117
Instrumentation & Controls Specialist 125
Project Coordinator/ Admin Support 70
Notwithstanding the foregoing,' in no event, shall Consultant' s compensation exceed the following amounts for each task without the approved written consent of City. Consultant' s total compensation shall include all expenses, materials, labor, shipping, tax and travel.
NTE
Task Cost
Additional Funding for Agreement Allocated Per Task:
G. Task 7 — Rindge Pump Station Construction Support 20,000 B. Task 2 — Portofino Pump Station Design of New Station 25, 000 B. Task 2 - Yacht Club Way Pump Station New Design 8, 000 Funding for Second Amendment Scope of Work:
Task 1 — USA Marking& Topographic Surveying 328, 200
Task 2 — Meetings& General Coordination 4,896
Task 3 — Develop Base Map ( Survey, Record Drawings, GIS, 18, 056
Utilities Map, & Site Visit)
Task 4 —CEQA Exemption, Meeting with Torrance & Redondo 2, 562
Beach Planning Departments, Notice of Exemptions
Task 5 - 50% Submittal 17, 904
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Task 6 - Potholing 15,466
Task 7- Preliminary Permitting Process ( Caltrans & City of 6,084
Torrance)
Task 8 - 90% Traffic Control Plans 20,000
Task 9 - 90% Pipeline Alignment & Profile, Specifications & Construction Cost Estimate Submittal 9, 984
Task 10 - Apply for Permits as 1st Submittal ( Caltrans & City of Torrance) 4,588
Task f1 - 100% Traffic Control Plans 7, 976
Task 12:- 100% Pipeline Alignment & Profile, Specifications & Construction Cost Estimate Submittal
5, 752
Task 13 - 2nd Submittal for Permits ( Caltrans & City of Torrance)
3,264
Task 14- Final Submittal and Obtaining Approvals for Permits Caltrans & City of Torrance)
1, 376
Task 15- Final Signed Plans in Mylars, Electronic
Specifications and Electronic Engineer' s Cost Estimate Submittal
5,728
Task 16 - Bid Assistance
4,000
Task 17- Construction Engineering Support
20, 000
Task 18 - Reimbursable Agency Permit Fees
3, 763
TOTAL $232, 599
Funding Summary:
Funding forAgreement 460,478
Funding for Second Amendment: 232, 599
Total Agreement Amount: 693, 077
Total Not-to-Exceed Amount remains unchanged).
B. METHOD OF PAYMENT., Consultant shall provide monthly invoices based upon the time spent during the previous month to City for approval and payment. Invoices shall be based on the time spent and work completed in the month prior to the invoice submission. Consultant shall submit two hard copies of the invoice with supporting documentation. 8 -
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Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City.
C. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty 30) days of receipt of the monthly invoice; provided, however, that. payments by City shall not exceed the proportion ofthe phase or task completed, and payment for each phase or task shall not exceed the amounts described in Section A of this Exhibit " C".
D. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street
Fountain Valley, CA 92708
Attn: Andy Komor
City: City of Redondo Beach
Public Works Department, the Engineering
Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Andrew Winje, City Engineer
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sentby registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
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FIRST AMENDMENT TO THE
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND PACIFIC ADVANCED CIVIL ENGINEERING, INC.
THIS FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES First Amendment") is made between the City of Redondo Beach, a Chartered Municipal Corporation (" City") and Pacific Advanced Civil Engineering, Inc., a California Corporation (" Consultant").
WHEREAS, on July 5, 2016, the parties hereto originally entered into the Agreement for Consulting Services between the City and Consultant (the "Agreement"); and WHEREAS, the parties wish to amend the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. Scope of Work. Exhibit " A" of the Agreement is hereby amended to add Exhibit A- 1", which provides additional duties, including site assessment, concept development, preliminary design, engineering services, and services during construction for a new Alta Vista Sewer Pump Station. Exhibit "A- 1" is attached hereto and incorporated by reference.
2. Compensation. Exhibit "C" of the Agreement is hereby amended to add Exhibit C- 1" to increase the limit for the total compensation paid to Consultant by 232, 599 for a total compensation limit of$ 693, 077. Exhibit " C- 1" is attached hereto and incorporated by reference. Consultant shall be compensated for the services described in "A- 1".
3. No Other Amendments. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and this First Amendment constitute the entire agreement between the parties and supersede any previous oral agreement or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement and this First Amendment, the terms of this First Amendment shall govern.
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IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 61h day of September, 2016.
CITY OF REDONDO BEACH PACIFIC ADVANCED CIVIL ENGINEERING, INC.
id/ By: J _
Mayor Name: A
The:
ATTEST: APPROVED:
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City Clerk I Risk
APPROVED AS TO FORM:
4414441
City Attorneys Office
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EXHIBIT " A- 1"
SCOPE OF SERVICES
CONSULTANT' S DUTIES
Consultant shall perform the following duties for the site assessment, concept development, preliminary design, engineering services, and services during construction for a new Alta Vista Sewer Pump Station to replace the existing two Alta Vista Pump Stations and three new Continuous Deflective Separation Units.
A. TASK 1 — ALTA VISTA DATA COLLECTION AND ASSESSMENT
1. Review and validate the City' s current System Evaluation & Capacity Assurance Plan findings, and collect all existing data and information relevant to the Alta Vista Pump Stations.
2. Provide materials, including maps, drawings, sewer system hydraulic analysis, and the preferred list of manufacturer and equipment for mechanical and electrical components.
3. Conduct preliminary survey including topography, underground utilities and geotechnical investigation, including two subsurface soil borings. Determine property boundaries ( City versus Redondo School District).
B. TASK 2 — ALTA VISTA DESIGN OF NEW SEWAGE PUMP STATION
1. Preliminary Design Report
a. Prepare a Preliminary Design Report to evaluate alternative locations and facilities for the new pump stations before the final design. b. Include a submersible facility with two pumps capable of conveying the peak wet weather flow, a standby generator with an automatic transfer switch, two ultrasonic level sensors, backup float switches, Programmable Logic Controllers, Human Machine Interface, and Supervisory Control and Data Acquisition (SCADA) in the design. c. Complete a Preliminary Design Report and have it wet stamped by a licensed Civil Engineer.
d. Include the replacement of the existing force main and new main line for the 11 houses along Camino Real and an alternative alignment and any aboveground enclosures in the design.
e. Include the following components in the Preliminary Design Report. 3aa;;Po
1. Alternative locations analysis including maps showing alternative locations evaluated and rational for selecting the recommended site.
2. Preliminary facility layout.
3. Preliminary piping schematic for new sewer main line in Camino Real, inflow and forcemain pipelines and modifications to connections.
4. Listing of preferred manufacturer and equipment for mechanical and electrical components.
5. Architectural rendering and conceptual floor plan.
6. Conceptual cost estimate.
2. Staging and Demolition Plan
a. Prepare a Staging and Demolition Plan for the removal and disposal of the existing stations upon completion of the new station. b. Maintain all existing flows during construction either through by- pass methods or by making the new pump station operational before the removal of the existing stations.
3. Structural Design
a. Prepare structural design in compliance with all applicable codes and requirements including the City' s Building Department. b. Provide structural design calculations that are certified by a Licensed Structural Engineer (wet stamped).
c. Incorporate a new power service meter in the design. d. Coordinate with Southern California Edison to generate the necessary plans and work order for this installation.
4. Electrical Design
a. Provide a new electrical service, transformer, and emergency back- up generator. The emergency back- up generator shall include an automatic switch gear in the design.
b. Coordinate with the City and its SCADA system consultant Morrow Meadows to provide for system monitoring and control.
4 5. Plan Formats & Submittals
a. Prepare design plans utilizing Microstation Version 8. b. Prepare a Preliminary ( 60%) Plan set, including the following submittals at a minimum.
1. Demolition Plan
2. Site Plan ( Paving, Entrances, Manways, Vaults)
3. Preliminary Structural Plan ( including structural calculations)
4. Piping Plan
5. Electrical Plans and schematics
6. Initial Catalog cuts for equipment and material
c. Upon completion of 60% and 90% plans and technical specifications, submit three ( 3) sets of Plans and accompanied material to the City for review.
d. Include the following components in the Final Plans and Contract Documents ( including Technical Specifications).
1. General Sheets —title sheet, general notes, index to sheets, bench marks horizontal control, and vicinity and location maps.
2. Civil Sheets — rough and final grading, demolition, site piping ( inlet and outlet) and profiles, site improvements, sewer, and civil detail
3. Mechanical Sheets — pumps, piping, vault plans, valve and fittings, ladders, stairs, hatches, miscellaneous metal items, and hardware and mechanical details.
4. Architectural Sheets — building and exterior treatment.
5. Structural Sheets — general notes and details, foundation, longitudinal and transverse sections, miscellaneous sections, hatch openings section details, and ladder details.
6. Electrical — electrical symbols notes and abbreviations, electrical service, transformer, single line diagram, lighting plan, motor control center, conduit schedule, panel connections, connection diagram, and electrical site plan.
e. Provide Final Plans in Microstation Version 8 with a set of original mylars for reproduction in 22" x34" and 11" x17" formats. Submit the final set of 5 Cd,
plans and specifications on digital media on DC ROM in Microstation Version 8 and Microsoft Word file formats.
C. TASK 3 —ALTA VISTA ENVIRONMENTAL PROCESSING
1. Prepare the initial study and associated reports, architectural renderings, exhibits, notifications, and any other documentation to prepare a CEQA Categorical Exemption or Negative Declaration and/or other required environmental impact declarations required for construction for the pump station.
2. Prepare a Mitigated Negative Declaration ( MND) for the new pump station.
Coordinate the processing with the City's Planning Department.
3. Provide three ( 3) hard copies and one ( 1) electronic copy of reports, exhibits, and other documentation determined to be necessary.
D. TASK 4 —ALTA VISTA PREPARATION OF CONTRACT DOCUMENTS
1. Prepare and compile a complete set of contract documents including the Notice Inviting Bidders, Instructions to Bidders, Bid Schedule, Agreement, Supplemental General Conditions, Special Provisions and Technical Specifications.
2. Prepare the General and Special Provisions in accordance with the Standard Specifications for Public Works construction 2003 Edition, including all supplements to date.
3. Prepare the Technical Specifications in the CSI format and include the following primary sections.
a. General requirements
b. Sitework
c. Concrete
d. Metals
e. Finishes
f. Equipment
g. Mechanical
h. Electrical
i. Instrumentation
j. Testing
4. Append the Standard Drawings and Geotechnical Reports to the documents.
E. TASK 5 - ALTA VISTA PROJECT MANAGEMENT & MEETINGS
1. Provide on- going and frequent communication with City on project status, identifying potential project issues, and recommending resolutions. wa.a
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2. Maintain contact with City staff via telephone and email on a continual basis.
Provide and plan a kick- off meeting and monthly coordination meetings.
3. Provide and plan for up to fourteen coordination meetings with the City and the City' s SCADA consultant Morrow Meadows.
F. TASK 6 - ALTA VISTA PREPARATION OF ENGINNER' S ESTIMATE
1. Prepare an Engineer's Estimate of Probable Cost at the 60% and Final Plans stage of design submittals. i'
2. Ensure City has the flexibility to make ongoing decisions as to the scope and extent of the proposed project.
G. TASK 7 - ALTA VISTA BIDDING AND CONSTRUCTION SUPPORT SERVICES
1. Provide construction management support services, including attending the pre- bid meeting, addressing questions from contractors during bidding, preparation of addendums, review of shop drawings and submittals, responses to request for clarifications and request for information during construction.
2. Provide weekly inspections of six hours for a 12 week period.
3. Upon completion of construction of the pump station, prepare As- Built Drawings based on the redlines prepared by the Contractor and Inspector.
4. Attend the start- up of new pump station.
H. TASK 8 — ALTA VISTA OPERATION AND MAINTENANCE MANUALS Provide four (4) hard copies and one ( 1) electronic copy of the O& M Manual, which shall include without limitation the following items.
1. Introduction including location and service maps, owner and facility name, address and phone number.
2. Description of facility including design parameters, assumptions and considerations.
3. Copy of approved shop drawings and submittals.
4. Safety precautions and procedures.
5. Start- up procedures.
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6. Preventative maintenance procedures.
7. Corrective maintenance procedures.
8. Emergency shut down procedures.
9. Record keeping, reporting and notification procedures.
10. Cut- away view of equipment with parts list.
11. List of supplied and/ or recommended spare parts list.
12. List of equipment suppliers and contact information for spare parts and service.
I. TASK 9 - GEOPHYSICAL SERVICES
Perform geophysical survey services pertaining to the Rindge, Yacht Club Way, Portofino, and Alta Vista Pump Stations. Locate detectable underground utilities and obstructions at each of the pump station facilities. Survey shall include the following items.
1. Geonics EM61 time domain instrument
2. Schonstedt GA-52 magnetic gradiometer
3. Fisher M- Scope TW- 6 pipe and cable locator
4. RD8000 line tracer
5. GSSI SIR 3000 ground penetrating radar (GPR) unit using a 400 MHz transducer
J. TASK 10 - STORMWATER TRASH TMDL SCREENING
1. Prepare Plans and Specifications for three new Continuous Deflective Separation Treatment units. Coordinate with the City and Contech Engineering to obtain details on sizing, location, and requirements for compliance with the " full capture" screening method.
2. Prepare preliminary design reports for each site with 90% and 100% plans to include the following items.
a. Piping
b. Civil grading
c. Excavation
d. Backfill
e. Connection details
f. Above ground paving/ landscape restoration
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EXHIBIT " C- 1"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the following hourly rates.
Hourly Rate Schedule
Description Hourly
Rate
Principal 240
Project Manager 190
Project Engineer 156
Construction Engineer 156
Design Engineer/ Modeler 136
Structural Engineer 156
Electrical Engineer 156
Sr. CAD Designer 117
Instrumentation & Controls Specialist 125
Project Coordinator/ Admin Support 70
Notwithstanding the foregoing, in no event, shall Consultant' s compensation, including all expenses, materials, labor, shipping, tax and travel exceed the following amounts for each task as described in Exhibit " A- 1".
Task Cost
Task 1 - Data Collection and Assessment 16,965
Task 2 - Design of New Pump Station 70, 462
Task 3 - Environmental Processing 31, 233
Task 4 - Preparation of Contract Documents 8, 214
Task 5 - Project Management and Meetings 8, 748
Task 6— Preparation of Engineer' s Estimate 4, 366
Task 7 — Bidding & Construction Support Services $ 44, 043 Task 8 — Operation & Maintenance Manual 3, 162
Task 9 — Geophysical Surveys 9, 216
Task 10 - Stormwater Trash TMDL Screening 36, 190
Total for Exhibit " A- 1" 232, 599
Contractor's total compensation, including the amount paid under the Agreement dated July 5, 2016 shall not exceed $ 693, 077.
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B. METHOD OF PAYMENT. Consultant shall provide monthly invoices based upon the time spent during the previous month to City for approval and payment.
Invoices shall be based on the time spent and work completed in the month prior to the invoice submission. Consultant shall submit two hard copies of the invoice with supporting documentation. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City.
C. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty ( 30) days of receipt of the monthly invoice; provided, however, that payments by City shall not exceed the proportion of the phase or task completed, and payment for each phase or task shall not exceed the amounts described in Section A of this Exhibit "C".
D. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street
Fountain Valley, CA 92708
Attn: Andy Komor
City: City of Redondo Beach
Public Works Department, the Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Wisam Altowaiji
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party. 10 4ary
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND PACIFIC ADVANCED CIVIL ENGINEERING, INC.
THIS AGREEMENT FOR CONSULTING SERVICES ( this " Agreement") is made between the City of Redondo Beach, a Chartered Municipal Corporation (" City") and Pacific Advanced Civil Engineering, Inc., a California Corporation (" Consultant" or Contractor").
The parties hereby agree as follows:
1. Description of Prosect or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A."
2. Term and Time of Completion. Consultant shall commence and complete the project or services described in Exhibit " A" in accordance with the schedule set forth in Exhibit " B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit "C".
GENERAL PROVISIONS
1. Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant' s sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, 6 reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without Consultant' s consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant' s own use; provided, however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.
5. Services. The project or services set forth in Exhibit " A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit " A" are itemized by price in Exhibit " C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit " A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant' s services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit " A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four 4) years after Consultant' s completion of performance of this Agreement.
Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/ or extra work under this Agreement shall be performed and paid for in accordance with the following:
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Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/ or changed work. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/ or changed work or waive contract requirements. Failure of Consultant to secure the authorization for such extra and/ or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.
If Consultant is of the opinion that any work which Consultant has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Consultant shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Consultant on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Consultant and the City.
8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City' s requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement.
Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant's profession.
10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the 3 project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; and ( 2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant' s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant' s finished or unfinished work product through the time of the City' s last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages if any, sustained by the City by virtue of Consultant' s breach of this Agreement.
13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest ( as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one ( 1) year.
14. Indemnity Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, Consultant shall hold harmless and indemnify City, and its officials, officers, employees, agents, and designated volunteers ( collectively, " Indemnitees"), with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement.
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a. Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense ( collectively, " Damages" hereinafter) not covered by the foregoing paragraph, and to the maximum extent permitted by law, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees' active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782( b). Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement. b. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
c. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Consultant shall comply with the requirements set forth in Exhibit " D." Insurance requirements that are waived by the City' s Risk Manager do not require amendments or revisions to this Agreement.
16. Non- Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws. a. Acknowledgement. Consultant acknowledges that eight ( 8) hours labor constitutes a legal day' s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to the City, forfeit twenty5 0 fM. R
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five dollars ($ 25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one ( 1) calendar day and forty ( 40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/ 2 times the basic rate of pay. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor' s compliance with Labor Code Sections 1810, 1813 and 1815, and Consultant shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Consultant shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. City and Consultant acknowledge that this project is a public work to which prevailing wages apply. Consultant shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit "E", which is attached hereto and incorporated by reference.
18. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City' s sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any or all of its rights under this Agreement without first obtaining the City' s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty- five percent ( 25%) or more of the ownership interest in Consultant or twenty- five percent ( 25%) or more the voting control of Consultant ( whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Consultant or its assets in any transaction or series of transactions ( by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant' s assets occurs, which reduces Consultant' s assets or 6 net worth by twenty- five percent ( 25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City' s sole and absolute discretion.
20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant.
23. Non- Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non- exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit " A" which does not pertain to the project description, proposal, or scope of services ( as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered " third parties."
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of 7 AIF4a
law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys' Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees ( including expert witness fees) and costs.
This provision shall survive the termination of this Agreement.
30. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
31. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one ( 1) year from the date of delivery; and the product shall be fit for its intended purpose( s). Notwithstanding the foregoing, consumable and maintenance items such as light bulbs and batteries) shall be warranted for a period of thirty ( 30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Consultant, at Consultant' s expense, including shipping.
Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit " C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.
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35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
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IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 5th day of July, 2016.
CITY OF REDONDO BEACH PACIFIC ADVANCED CIVIL ENGINEERING, INC.
Mayor
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Name: Micxf ,E fpcLmr3
Title: V166am s YR£ v.Si
ATTEST: APPROVED:
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City Clerk Risk ager
APPROVED AS TO FORM:
City Attorney' s Office
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IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 5th day of July, 2016.
CITY OF REDONDO BEACH PACIFIC ADVANCED CIVIL ENGINEERING, INC.
By:
Mayr / Name:
Title:
ATTEST: APPROVED:
City Cler. Ri Manager
APPROVED AS TO FORM:
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City Attorney' s Office
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EXHIBIT " A"
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
CONSULTANT' S DUTIES
Consultant shall perform the following duties to rehabilitate and replace the Rindge Sewer and the Yacht Club Way & Portofino Way Pump Stations, and associated appurtenances.
A. TASK 1 — DATA COLLECTION AND ASSESSMENT
1. Review and validate the City' s current System Evaluation & Capacity Assurance Plan findings, and collect all existing data and information relevant to the Rindge, Yacht Club Way, and Portofino Way Pump Stations.
2. Provide materials, including maps, drawings, sewer system hydraulic analysis, and the preferred list of manufacturer and equipment for mechanical and electrical components.
3. Conduct preliminary survey including topography, underground utilities and geotechnical investigation, including two subsurface soil borings for each site.
B. TASK 2 — DESIGN OF NEW SEWAGE PUMP STATION
1. Preliminary Design Report
a. Prepare a Preliminary Design Report to evaluate alternative locations and facilities for the new pump stations before the final design. b. Include a submersible facility with two pumps capable of conveying the peak wet weather flow, a standby generator with an automatic transfer switch, two ultrasonic level sensors, backup float switches, Programmable Logic Controllers, Human Machine Interface, and Supervisory Control and Data Acquisition ( SCADA) in the design. c. Complete a Preliminary Design Report and have it wet stamped by a licensed Civil Engineer.
d. Include the replacement of the existing force main along an alternative alignment and any aboveground enclosures in the design. e. Include the following components in the Preliminary Design Report.
1. An alternative location analysis including a map showing alternative locations evaluated and rational for selecting the recommended site.
2. Preliminary facility layout.
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3. Preliminary piping schematic for inflow and forcemain pipelines and modifications to connections.
4. Listing of preferred manufacturer and equipment for mechanical and electrical components.
5. Architectural rendering and conceptual floor plan.
6. Conceptual cost estimate.
2. Staging and Demolition Plan
a. Prepare a Staging and Demolition Plan for the removal and disposal of the existing station upon completion of the new station. b. Maintain all existing flows during construction either through by-pass methods or by making the new pump station operational before the removal of the existing station.
3. Structural Design
a. Prepare structural design in compliance with all applicable codes and requirements including the City' s Building Department. b. Provide structural design calculations that are certified by a Licensed Structural Engineer ( wet stamped).
c. Incorporate a new 480V 3ph service meter in the design. d. Coordinate with Southern California Edison to generate the necessary plans and work order for this installation.
4. Electrical Design
a. Provide a new electrical service, transformer, and emergency back- up generator. Include an automatic switch gear in the emergency back- up generator design.
b. Coordinate with the City and its SCADA system consultant Morrow Meadows to provide for system monitoring and control.
5. Plan Formats & Submittals
a. Prepare design plans utilizing Microstation Version 8. b. Prepare a Preliminary ( 60%) Plan set, including the following submittals at a minimum.
1. Demolition Plan
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2. Site Plan ( Paving, Entrances, Manways, Vaults)
3. Preliminary Structural Plan ( including structural calculations)
4. Piping Plan
5. Electrical Plans and schematics
6. Initial Catalog cuts for equipment and material
c. Upon completion of 60% and 90% plans and technical specifications, submit three ( 3) sets of Plans and accompanied material to the City for review.
d. Include the following components in the Final Plans and Contract Documents ( including Technical Specifications).
1. General Sheets — title sheet, general notes, index to sheets, bench marks horizontal control, and vicinity and location maps.
2. Civil Sheets — rough and final grading, demolition, site piping ( inlet and outlet) and profiles, site improvements, sewer, and civil detail.
3. Mechanical Sheets — pumps, piping, vault plans, valve and fittings, ladders, stairs, hatches, miscellaneous metal items, and hardware and mechanical details.
4. Architectural Sheets — building and exterior treatment.
5. Structural Sheets —general notes and details, foundation, longitudinal and transverse sections, miscellaneous sections, hatch openings section details, and ladder details.
6. Electrical — electrical symbols notes and abbreviations, electrical service, transformer, single line diagram, lighting plan, motor control center, conduit schedule, panel connections, connection diagram, and electrical site plan.
e. Provide Final Plans in Microstation Version 8 with a set of original mylars for reproduction in 22"x34" and 11" x17" formats. Submit the final set of plans and specifications on digital media on DC ROM in Microstation Version 8 and Microsoft Word file formats.
C. TASK 3 — ENVIRONMENTAL PROCESSING
1. Prepare the initial study and associated reports, architectural renderings, exhibits, notifications, and any other documentation to prepare a CEQA 13 0,
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Categorical Exemption or Negative Declaration and/ or other required environmental impact declarations required for construction for two pump stations.
2. Prepare one Mitigated Negative Declaration ( MND) for one pump station.
Coordinate the processing with the City' s Planning Department.
3. Provide three ( 3) hard copies and one ( 1) electronic copy of reports, exhibits, and other documentation determined to be necessary.
D. TASK 4 — PREPARATION OF CONTRACT DOCUMENTS
1. Prepare and compile a complete set of contract documents including the Notice Inviting Bidders, Instructions to Bidders, Bid Schedule, Agreement, Supplemental General Conditions, Special Provisions and Technical Specifications.
2. Prepare the General and Special Provisions in accordance with the Standard Specifications for Public Works construction 2003 Edition, including all supplements to date.
3. Prepare the Technical Specifications in the CSI format and include the following primary sections.
a. General requirements
b. Sitework
c. Concrete
d. Metals
e. Finishes
f. Equipment
g. Mechanical
h. Electrical
i. Instrumentation
j. Testing
4. Append the Standard Drawings and Geotechnical Report and other pertinent material to the documents.
E. TASK 5 - PROJECT MANAGEMENT & MEETINGS
1. Provide on- going and frequent communication with City on project status, identifying potential project issues, and recommending resolutions.
2. Maintain contact with City staff via telephone and email on a continual basis.
Provide and plan a kick- off meeting and monthly coordination meetings. 14 3. Provide and plan for up to four coordination meetings with the City Planning Department and the City' s SCADA consultant Morrow Meadows.
F. TASK 6 - PREPARATION OF ENGINNER' S ESTIMATE
1. Prepare an Engineer' s Estimate of Probable Cost at the 60% and Final Plans stage of design submittals.
2. Ensure City has the flexibility to make ongoing decisions as to the scope and extent of the proposed project.
G. TASK 7 - BIDDING AND CONSTRUCTION SUPPORT SERVICES
1. Provide construction management support services, including attending the pre- bid meeting, addressing questions from contractors during bidding, preparation of addendums, review of shop drawings and submittals, responses to request for clarifications and request for information during construction.
2. Provide weekly inspections of six hours for a 12 week period for each station.
3. Upon completion of construction of the pump stations, prepare As-Built Drawings based on the redlines by the Contractor and Inspector.
4. Attend the start- up of new pump stations.
H. TASK 8 — OPERATION AND MAINTENANCE MANUALS
1. Provide four ( 4) hard copies and one ( 1) electronic copy of the O& M Manual, which shall include without limitation the following items. a. Introduction including location and service maps, owner and facility name, address and phone number.
b. Description of facility including design parameters, assumptions and considerations.
c. Copy of approved shop drawings and submittals.
d. Safety precautions and procedures.
e. Start- up procedures.
f. Preventative maintenance procedures.
g. Corrective maintenance procedures.
h. Emergency shut down procedures.
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i. Record keeping, reporting and notification procedures. j. Cut- away view of equipment with parts list.
k. List of supplied and/ or recommended spare parts list.
I. List of equipment suppliers and contact information for spare parts and service.
I. SCHEDULE
1. Design the pump stations in the following order.
a. Rindge
b. Yacht Club Way
c. Portofino Way.
2. Commence Task 1 for all three stations upon the execution of this Agreement.
3. Obtain written approval prior to starting Tasks 2 to 8 for the Yacht Club Way and Portofino Pump Stations.
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EXHIBIT " B"
SCHEDULE FOR COMPLETION
TERM. The term of this Agreement shall commence on July 5, 2016 and expire on July 4, 2021, unless otherwise terminated herein.
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EXHIBIT " C"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the following hourly rates.
Hourly Rate Schedule
Description Hourly
Rate
Principal 240
Project Manager 190
Project Engineer 156
Construction Engineer 156
Design Engineer/ Modeler 136
Structural Engineer 156
Electrical Engineer 156
Sr. CAD Designer 117
Instrumentation & Controls Specialist 125
Project Coordinator/ Admin Support 70
Notwithstanding the foregoing, in no event, shall Consultant' s compensation exceed the following amounts for each task. Consultant' s total compensation shall include all expenses, materials, labor, shipping, tax and travel.
Yacht
Task Rindge Club Portofino
Task 1 - Data Collection and Assessment 19, 257 15, 011 15, 108 Task 2 - Design of New Pump Station 61, 832 41, 728 54, 560 Task 3 - Environmental Processing 31, 233 26, 013
Task 4 - Preparation of Contract Documents 8, 214 6, 966 8, 724 Task 5 - Project Management and Meetings 9, 440 9,440 3, 628 Task 6 — Preparation of Engineer' s Estimate 4, 366 3, 742 4, 054 Task 7 — Bidding & Construction Support Services $ 44, 043 40, 683 43, 696 Task 8 — Operation & Maintenance Manual 3, 162 2, 538 3, 040 Subtotal 150, 314 $ 151, 341 $ 158, 823
Grand Total 460,478
1891/41 sr
B. METHOD OF PAYMENT. Consultant shall provide monthly invoices based upon the time spent during the previous month to City for approval and payment.
Invoices shall be based on the time spent and work completed in the month prior to the invoice submission. Consultant shall submit two hard copies of the invoice with supporting documentation. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City.
C. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty ( 30) days of receipt of the monthly invoice; provided, however, that payments by City shall not exceed the proportion of the phase or task completed, and payment for each phase or task shall not exceed the amounts described in Section A of this Exhibit " C".
D. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street
Fountain Valley, CA 92708
Attn: Andy Komor
City: City of Redondo Beach
Public Works Department, the Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Wisam Altowaiji
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party. 19 uu,
EXHIBIT " D"
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant's indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract 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 the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001).
Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, code 1 ( any auto).
Workers' Compensation insurance as required by the State of California.
Employer' s Liability Insurance.
Errors and Omissions liability insurance appropriate to the consultant' s profession.
Architects' and Engineers' coverage is to be endorsed to include contractual liability.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $ 1, 000, 000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project/location.
Automobile Liability: $ 1, 000, 000 per accident for bodily injury and property damage.
Employer's Liability: $ 1, 000, 000 per accident for bodily injury or disease.
Errors and Omissions liability: $ 1, 000, 000 per occurrence.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant' s insurance, or as a separate owner's policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant' s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant' s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Errors and Omissions policy, if written on a claims made basis, shall be maintained by the Consultant for a period of one year after the completion of the project.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant' s part. 21 o, wEOLL„
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12. 71
Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best' s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City' s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements are to be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
22 EXHIBIT " E"
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a " public work" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1"), and that this Agreement is subject to ( a) Chapter 1, including without limitation Labor Code Section 1771 and ( b) the rules and regulations established by the Director of Industrial Relations (" DIR") implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1771. 4, Contractor shall post job site notices, as prescribed by regulation.
4. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to ( 1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, ( 2) certify and make such payroll records available for inspection as provided by Section 1776, and ( 3) inform the City of the location of the records.
7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty ( 60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 23 S
8. Contractor acknowledges that eight ( 8) hours labor constitutes a legal day' s work. Contractor shall comply with and be bound by Labor Code Section 1810.
Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($ 25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight 8) hours in any one ( 1) calendar day and forty ( 40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/ 2 times the basic rate of pay.
9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor' s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend ( at Contractor' s expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. 24 0F