1 Contract Number 11099
(Former Contract Number 3438)
FIRST MODIFICATION OF AGREEMENT
This First Modification of Agreement Number 11099 (CCS) (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Fleming Environmental Inc. (CONTRACTOR) is made with reference to the following:
RECITALS
A. On or about February 20, 2019, the City and CONTRACTOR entered into Agreement Number 11099 (CCS) for designated operator inspections, employee training, general maintenance and repair, and secondary containment testing and work plan. (“Original Agreement”).
B. The City and CONTRACTOR desire to modify the Original Agreement to increase the contract price to cover emergency repair services through the end of term of the Original Agreement.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 2 of the Original Agreement entitled “CONTRACTOR Services” shall be modified by adding the following paragraph:
Additional Services. CONTRACTOR will perform all of the additional services (“Additional Services”) described in Exhibit A-1, Scope of Services. CONTRACTOR will complete the Additional Services in accordance with Exhibit B-1, Budget.
2. Section 4 of the Original Agreement entitled “Compensation” shall be modified by adding the following paragraph:
Compensation. The City will compensate CONTRACTOR for the Additional Services in an amount not to exceed NINETY-ONE
THOUSAND SEVEN HUNDRED AND THIRTY DOLLARS
($91,730), as set forth in Exhibit B-1. The total contract price for services pursuant to the Original Agreement and this First Modification shall not exceed ONE HUNDRED AND SEVENTY-ONE
THOUSAND SEVEN HUNDRED AND THIRTY DOLLARS
($171,730).
3. Exhibit A-1 and Exhibit B-1 are attached hereto and incorporated herein by this reference.
DocuSign Envelope ID: 223A6802-F9F0-4CDA-83A0-C5E05EF9AFE9 11/12/2020
2 4. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
CONTRACTOR Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 223A6802-F9F0-4CDA-83A0-C5E05EF9AFE9 11/9/2020
Interim City Attorney
George Cardona
Jennifer Martin
Contracts Administrator
11/11/2020
Fleming Environmental Inc.
Interim City Manager
Lane Dilg
11/12/2020
Denise Anderson-Warren
11/12/2020
City Clerk
Exhibit A-1 Additional Services
Emergency Repair of Underground Storage Tank (UST) and Public Safety Facility Fleming Environmental, Inc shall be responsible for performing repair to damaged underground diesel fuel piping at the Santa Monica Public Safety Facility.
Work Included:
• Submit work plan for permits for project
• Ensure permits are in place prior to commencing work
• Coordinate site access plans with site personnel
• Air test primary lines before any work starts
• Air test secondary lines after backfill pre concrete
• Pos construction SB 989 testing on piping only after concrete • 6 month SB 989 testing on secondary lines
• Mobilize onsite
• Final of project
DocuSign Envelope ID: 223A6802-F9F0-4CDA-83A0-C5E05EF9AFE9 Exhibit B.1 Budget
Contract amount shall be increased by $91,730 to cover routine and emergency repair services, for a total not to exceed $171,730.
Year Fiscal Year / Dates (Inclusive) Budget Available
1 Fiscal Year (FY) 2018/19
(Contract execution date to June 30, 2019)
Amount shall not exceed $12,000.
2 FY 2019/20
(July 1, 2019 to June 30, 2020)
Amount shall not exceed $45,600.
3 FY 2020/21
(July 1, 2020 to June 30, 2021)
Amount shall not exceed $66,821.
4 FY 2021/22
(July 1, 2021 to June 30, 2022)
Any unspent funding up to $171,730 total
contract value.
5 FY 2022/23
(July 1, 2022 to June 30, 2023)
Any unspent funding up to $171,730 total
contract value.
Any unspent amount for each year may be made available in the subsequent year(s), at the sole and complete discretion of the City and subject to budgetary approval. The total amount of compensation shall not exceed the sum of $171,730.
Pricing
Item / Service Year 1 Year 2 Year 3 Year 4 Year 5
Price Increase N/A 3% 3% 3% 3%
Recurring Services by Fiscal Year & Location
Big Blue Bus – 1620 6th Street
Designated Operator
Inspections (monthly) /
Training (2x per year)
$1,680.00
($140.00/mo)
$1,730.40
($144.20/mo)
$1,782.31
($148.53/mo)
$1,835.78
($152.98/mo)
$1,890.85
($157.57/mo)
Secondary Containment
Testing
$1,650.00 $1,803.00
Corporate Yards (Fleet Services) – 2500 Michigan Avenue Designated Operator
Inspections (monthly) /
Training (2x per year)
$1,680.00
($140.00/mo)
$1,730.40
($144.20/mo)
$1,782.31
($148.53/mo)
$1,835.78
($152.98/mo)
$1,890.85
($157.57/mo)
Secondary Containment
Testing
$3,750.00 $4,097.73
Fire Station #1 – 1444 7th Street
Designated Operator
Inspections (monthly) /
Training (3x per year)
$1,680.00
($140.00/mo)
$1,730.40
($144.20/mo)
$1,782.31
($148.53/mo)
$1,835.78
($152.98/mo)
$1,890.85
($157.57/mo)
DocuSign Envelope ID: 223A6802-F9F0-4CDA-83A0-C5E05EF9AFE9 Secondary Containment
Testing
$1,850.00 $2,021.54
Item / Service Year 1 Year 2 Year 3 Year 4 Year 5
Fire Station #2 – 222 Hollister Avenue
Designated Operator
Inspections (monthly) /
Training (3x per year)
$1,680.00
($140.00/mo)
$1,730.40
($144.20/mo)
$1,782.31
($148.53/mo)
$1,835.78
($152.98/mo)
$1,890.85
($157.57/mo)
Secondary Containment
Testing
$1,450.00 $1,584.45
Fire Station #3 – 1302 19th Street
Designated Operator
Inspections (monthly) /
Training (3x per year)
$1,680.00
($140.00/mo)
$1,730.40
($144.20/mo)
$1,782.31
($148.53/mo)
$1,835.78
($152.98/mo)
$1,890.85
($157.57/mo)
Secondary Containment
Testing
$1,850.00 $2,021.54
Fire Station #5 – 2450 Ashland Avenue
Designated Operator
Inspections (monthly) /
Training (3x per year)
$1,680.00
($140.00/mo)
$1,730.40
($144.20/mo)
$1,782.31
($148.53/mo)
$1,835.78
($152.98/mo)
$1,890.85
($157.57/mo)
Secondary Containment
Testing
$1,850.00 $2,021.54
Public Safety Facility – 333 Olympic Drive
Designated Operator
Inspections (monthly) /
Training (3x per year)
$1,680.00
($140.00/mo)
$1,730.40
($144.20/mo)
$1,782.31
($148.53/mo)
$1,835.78
($152.98/mo)
$1,890.85
($157.57/mo)
Secondary Containment
Testing
$1,450.00 $1,584.45
Santa Monica Airport – Aeroplex – 2501 Airport Avenue
(Bill To: Aeroplex – 3333 E. Spring Street, Suite 204, Long Beach, CA 90806) Designated Operator
Inspections (monthly) /
Training (3x per year)
$1,680.00
($140.00/mo)
$1,730.40
($144.20/mo)
$1,782.31
($148.53/mo)
$1,835.78
($152.98/mo)
$1,890.85
($157.57/mo)
Secondary Containment
Testing
$1,450.00 $1,584.45
As-Needed Repairs and Services – Hourly Billable Labor Rates Job Classification Year 1 Year 2 Year 3 Year 4 Year 5
Project Manager $125.00 $128.75 $132.61 $136.59 $140.69 Electrician $140.00 $144.20 $148.53 $152.98 $157.57
Laborer $110.00 $113.30 $116.70 $120.20 $123.81
General Admin $75.00 $77.25 $79.57 $81.95 $84.41
Overtime Rate* $165.00 $169.95 $175.05 $180.30 $185.71
Other Charges
Materials / Parts To be quoted individually and pre-approved by City staff.
Travel time to site for
service calls or to pick up
parts related for repairs
To be charged at rates listed above with pre-approval of City staff.
DocuSign Envelope ID: 223A6802-F9F0-4CDA-83A0-C5E05EF9AFE9 Hourly rates include all overhead and administration, compliance with prevailing wage/certified payroll submittal requirements (including hard copy submittals to the City’s prevailing wage monitoring consultant), benefits and profit.
*Overtime is applicable to work completed above 8 hours per day Monday through Friday or before 7 a.m. and after 5 p.m.; and all Saturday/Sunday hours.
Payment Terms: Net 30.
DocuSign Envelope ID: 223A6802-F9F0-4CDA-83A0-C5E05EF9AFE9