I.
City Officials
MAYOR CITY CLERK
Al Rios Yodit Glaze
VICE MAYOR CITY TREASURER
Maria del Pilar Avalos Gregory Martinez
COUNCIL MEMBERS INTERIM CITY MANAGER
Maria Davila Chris Jeffers Denise Diaz
Gil Hurtado
CITY ATTORNEY
Raul F. Salinas
Government Code Section 54953 permits the City Council of the City of South Gate to conduct its City Council meetings via teleconferencing for the benefit of the public and the members of the City Council.
Pursuant to Section 54953 (b)(3), notice is hereby given that a member of the City Council will participate
at the meeting noticed herein, via teleconference at the following location: City Council Offices. Pursuant
SOUTH GATE CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, July 12, 2022 at
6:30 p.m.
SOUTH GATE COUNCIL CHAMBERS
ZOOM & TELECONFERENCE
DIAL-IN- NUMBER 1 (669) 900-6833
MEETING ID: 882 5970 9762
HTTPS://US02WEB.ZOOM.US/J/88259709762
Call to Order/Roll Call With Invocation & Pledge
CALL TO ORDER:
Al Rios, Mayor
INVOCATION:
Pastor Marta Moscoso, Fe y Esperanza Church
PLEDGE OF ALLEGIANCE:
Kristopher Ryan, Director of Administrative Services
ROLL CALL:
Yodit Glaze, City Clerk
1 to Section 54953(b)(3), the City has posted an agenda at the above teleconference location, which shall also be accessible to the public during the City
Council meeting. Because the remote location is also
located within City Hall where the regular meeting will be held, the public is encouraged to participate in the City Council Chambers where a majority of the remaining City Council will also be located.
II.
Meeting Compensation Disclosure
Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $650 monthly regardless of the amount of meetings.
III.
Comments From The Audience - Non-Agenda Items
During this time, members of the public and staff may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council. Comments from the audience will be limited to five (5) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt or interfere with the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section1.04.110.
IV.
Reports And Comments From City Officials
During this time, members of the City Council will report on matters pertaining to their service on various intergovernmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Consent Calendar Items
Agenda Items
1, 2, 3, 4, 5, 6,
7,
and
8 are Consent Calendar Items. All items including
Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action.
Any motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate.
1. Amendment No. 1 to Contract No. 2021-17-CC with Tetra Tech for Engineering Services for the Per- and Polyfluoroalkyl Substances (PFAS) Compliance Study for City Water Wells — City Project No. 666-WTR
2 The City Council will consider: (PW)
a
.
Approving
Amendment No. 1 to Contract No. 2021-17-CC
with Tetra Tech to
extend the contract term to December 31, 2022, to provide additional time to complete the Per- and Polyfluoroalkyl Substances (PFAS) Compliance Study for City Water Wells - City Project No. 666-WTR, at no additional cost; and b
.
Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents:
Item 1 Report 07-12-22.pdf
2. Amendment No. 3 to Contract No. 3333 with Biggs Cardosa Associates for extension to complete environmental documents and obtain Caltrans approval for I710/Firestone On-Ramp Modification Project, City Project No. 354-ST
The City Council will consider: (PW)
a
.
Approving
Amendment No. 3 to Contract No. 3333
with BCA to extend the
contract term to December 30, 2022, to provide additional time to complete the preparation of the environmental documents and obtain Caltrans' approval for the I- 710/Firestone Southbound On-Ramp Modification Project, City Project No. 354-ST, at no additional cost; and
b
.
Authorizing the Mayor to execute Amendment No. 3 in a form acceptable to the City Attorney.
Documents:
Item 2 Report 07-12-22.pdf
3. Agreement with MV Cheng & Associates for as-needed temporary staff services
The City Council will consider: (ADMIN SVCS)
a
.
Approving a Professional Services Agreement
(Contract _________)
with MV
Cheng & Associates for the procurement of professional financial and accounting staffing on an as-needed and temporary basis through December 31, 2022, in the amount not-to-exceed $115,000; and
b
.
Authorizing the Mayor to execute the Professional Services Agreement in form acceptable to the City Attorney.
Documents:
Item 3 Report 07-12-22.pdf
4. Amendment No. 4 to Contract No. 2020-22-AC with ClientFirst for continued IT Project management services
The City Council will consider: (ADMIN SVCS)
3 a
.
Approving
Amendment No. 4 to Contract No. 2020-22-AC
with ClientFirst
Technology Consulting, LLC, retroactively effective April 1, 2021 through September 30, 2022, for continued project management services for the implementation of the Technology Master Plan in an amount not-to-exceed $48,775; b
.
Authorizing the Mayor to execute Amendment No. 4 in a form acceptable to the City Attorney.
Documents:
Item 4 Report 07-12-22.pdf
5. Agreement with Human Services Association (HSA) for Senior Nutrition Program
The City Council will consider: (PARKS)
a
.
Approving an agreement
(Contract No._________)
with Human Services
Association ("HSA") for Senior Nutrition Program to provide Congregate Meals at the Margaret Travis Senior Center ("Senior Center"), and home delivered meals through the "Meals on Wheels" program; and
b
.
Authorizing the Mayor to sign the agreement in a form acceptable to the City Attorney; and
c
.
Delegating authority to the Director of Parks & Recreation, or his designee, to sign and submit any
additional documents.
Documents:
Item 5 Report 07-12-22.pdf
6. Investment Report for the Quarter ending December 31, 2021
The City Council will consider receiving and filing the Quarterly Investment Report for the quarter ended December 31, 2021. (ADMIN SVCS)
Documents:
Item 6 Report 07-12-22.pdf
7. Investment Report for the Quarter ending March 31, 2022
The City Council will consider receiving and filing the Quarterly Investment Report for the quarter ended March 31, 2022. (ADMIN SVCS)
Documents:
Item 7 Report 07-12-22.pdf
8. Minutes
The City Council will consider: (CLERKS)
4 a
.
Approving the Special Meeting minutes of May 17, 2022
b
.
Approving the Special and Regular Meeting minutes of May 24, 2022 c
.
Approving the Special Meeting minutes of June 14, 2022
Documents:
Item 8 Report 07-12-22.pdf
Reports, Recommendations And Requests
9. Franchise Agreement with Universal Waste Systems, Inc. for Solid Waste Recycling, and Organics Collection and
Processing Services and Amendment No. 2 to Contract No. 2021-70-CC with HF&H Consultants, LLC
The City Council will consider: (PW)
a
.
Approving an exclusive
Franchise Agreement (Contract No.
)
for Solid
Waste, Recycling, and Organic Collection and Processing Services (Franchise Agreement) with UWS for a 10-year contract term, beginning January 1, 2023, through and including December 31, 2033;
b
.
Approving the optional Used Oil and Used Oil Filter Program, and increase the solid waste first year franchise fee by 0.25 cents, from $24.21 to $24.46 for all residential customers;
c
.
Approving
Amendment No. 2 to Contract No. 2021-70-CC
with HF&H
Consultants, LLC., (HF&H) for Solid Waste Collector Transition Management Services for assistance with the implementation of the Franchise Agreement and services required for compliance with State requirements, in an amount not-to- exceed $76,600;
d
.
Appropriate $137,101 in SB 1383 Local Assistance Grant funds to Account No. 413- 733-51-6101 (Refuse Collection- Professional Services) to fund services necessary to implement SB 1383; and
e
.
Authorizing the Mayor to execute the Franchise Agreement and Amendment No. 2 in a form acceptable to the City Attorney.
Documents:
Item 9 Report 07-12-22.pdf
10. Resolutions calling for a General Municipal Election on November 8, 2022 consolidated with Los Angeles County; approving regulations for Candidates for Elective Office pertaining to Candidate's Statements; and resolving a tie vote "by lot" using the Coin Toss Method approving regulations for Candidates' Statements, and resolving a tie vote by lot using the Coin Toss Method
The City Council will consider: (CLERK)
a
.
Adopting a
Resolution
calling for the holding of a General Municipal
Election to be held on Tuesday, November 8, 2022, for the election of certain officers and requesting the Board of Supervisors of the County of Los Angeles to 5 consolidate the election with any and all elections also called to be held on Tuesday, November 8, 2022, and requesting the Board to render specified services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, November 8, 2022: and
b
.
Adopting a
Resolution
approving regulations for Candidates for Elective
Office pertaining to Candidate's Statements Submitted to the voters at the General Municipal Election to be held on Tuesday, November 8, 2022; and c
.
Adopting a
Resolution
to resolve a tie vote "by lot" using the Coin Toss
Method for Elective Offices in the event of a tie vote at the November 8, 2022, General Municipal Election: and
d
.
Authorizing the City Clerk to issue a notice of a General Municipal Election to be held on November 8, 2022.
Documents:
Item 10 Report 07-12-22.pdf
11. Resolution reciting the facts of the Special Municipal Election on June 7, 2022 and declaring the results thereof
The City Council will consider adopting a
Resolution
reciting the facts of the
Special Municipal Election held on Tuesday, June 7, 2022, declaring the results and such other matters as provided by law. (CLERK)
Documents:
Item 11 Report 07-12-22.pdf
12. (Cont.) Resolution establishing procedures for conducting City Council and other public meetings
The City Council will consider adopting a
Resolution
establishing procedures for
the conduct of City Council meetings and the public meetings of the City Council's associated legislative bodies. (CM)
Documents:
Item 12 Report 07-12-22.pdf
13. Discussion on Ordinance amending Section 2.08.450 (License Fees and Permit Fees for Material Recovery
Facilities) and adding Section 2.08.500 (Business
License Fees Adjustment) of and to Chapter 2.08 (Business License Tax) and Resolution stating that ordinance shall not take effect until approved by vote of the electorate
The City Council will consider: (CM)
a
.
Adopting the attached
Ordinance
modifying Chapter 2.08 of the South
Gate Municipal Code in the manner summarized above; and b
.
Adopting the attached resolution, as necessary to comply with (i) state constitutional requirement that such an ordinance shall not take effect until approved by a vote of 6 the electorate, and (ii) Election Code requirements pertaining to such an election.
Documents:
Item 13 Report 07-12-22.pdf
14. Master Cooperative Agreement with Metro for the West Santa Ana Branch Light Rail Project
The City Council will consider: (PW)
a
.
Approving the Master Cooperative Agreement ("MCA")
(Contract No.
)
with
the Los Angeles County Metropolitan Transportation Authority as is necessary for the implementation of the West Santa Anan Branch Light Rail Project; b
.
Authorizing the Mayor to sign the Master Cooperative Agreement in a form acceptable to the City Attorney; and
c
.
Authorizing the City Manager or his/her designee to enter into any agreements, permits or other actions that are listed and planned within the MCA.
Documents:
Item 14 Report 07-12-22.pdf
15. Discussion related to the City Clerk salary
The City Council will consider: (CM)
a
.
Providing guidance on whether the elected position of the City Clerk's salary and/or benefits should be adjusted effective at the start of the City Clerk's next term of office; and
b
.
Directing the City Attorney to return with a resolution based on such guidance to be presented at the City Council's July 26, 2022, Regular City Council meeting.
Documents:
Item 15 Staff Report 07-12-22.pdf
Copy of Elected Officials Salary.pdf
16. Amended and Restated Employment Agreement with Chris Jeffers as City Manager
The City Council will consider: (ATTY)
a
.
Approving an Amended and Restated Employment Agreement ("Agreement") (Contract No.
)
with Chris Jeffers as City Manager, effective July 1, 2022; and
b
.
Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
7 V.
Adjournment
I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on July 7, 2022, at 2:30 p.m., as required by law.
Yodit Glaze
City Clerk
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda
packet
are available for
public inspection
in the City Clerk's Office
8650 California Avenue, South Gate, California 90280 (323) 563-9510 * fax (323) 563-5411 * www.cityofsouthgate.org
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk.
Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility.
Item 16 Report 07-12-22.pdf
17. Warrants
The City Council will consider approving the Warrant Register for July 12, 2022. (ADMIN SVCS)
Total of Checks: $ 3,102,046.33 Less: Voids $ (1,107,392.96)
Less: Employee Payroll Deductions $
(331,115.23)
Grand Total: $1,663,538.14
Cancellations: 96884, 97369, 97429, 96542
Documents:
Item 17 Report 07-12-22.pdf
8 CIT! MMIAGiER'S OFiiCE Item No. I
JUL 0 6 2022
10' ll*w-
Cig of South Gate
CITY COUNCIL
AGENDA BULL
TETRA
THE PER-
FOR CITY
SUBJECT: AMENDMENT N0. 1 TO CONTRACT N0. 2021-17-CC
TECH TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR
AND POLYFLUOROAJ,KYL SUBSTANCES (PFAS) COMPLIANCE STUDY WATERWELLS - CITY PROJECT N0. 666-WTR
PURPOSE: Tetra Tech is under Contract No. 2021-17-CC to prepare the PFAS Study. The contract term expired on June 30, 2022. Amendment No. I is needed to extend the term through December 31, 2022 to provide time to complete the study, at no additional cost.
RECOMMENDED ACTIONS: The City Council will consider:
a, Approving Amendment No. 1 to Contract No. 2021-17-CC with Tetra Tech to extend the contract term to December 31, 2022, to provide additional time to complete the Per- and Polyfluoroalkyl Substances (PFAS) Compliance Study for City Water Wells - City Project No. 666- WIR, at no additional cost; and
b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
FISCAL IMPACT N
ANALYSIS: None.
BACKGROUND: The City owns and operates a municipal water system serving over 14,200 residential and commercial accounts. The City's water district spans over approximately 90% of the City and has an average annual water demand of 8,300 acre-feet. Water supply is 100% groundwater. Water wells are used to extract groundwater to provide drinking water to residents.
Water sampling confirms that the drinking water meets state and federal drinking water standards.
The City initiated a proactive program to voluntarily sample groundwater at all of the City's water production facilities to further its understanding of the condition of groundwater citywide as a result of Per- and Polyfluoroalkyl Substances (PFAS) detected at the Hawkins Reservoir and South Gate Park. The water sampling program found that PFAS was detected in the groundwater at Water Well No. 14, 18, and 19 located at the South Gate Park, and at Well No. 24 located at the Hawkins Reservoir. Water Well No. 14 and 18 have been shut down to mitigate the potential impact. Water Well No. 19 and 24 are operating while water sampling confirms that the drinking 9 water meets state and federal drinking water standards.
The City also proactively initiated a study to further evaluate groundwater conditions and evaluated alternatives PFAS treatment systems. On March 9, 2021, Tetra Tech was awarded Contract No. 2021-17-CC in the amount of $165,000 to prepare the study. The key tasks include evaluating PFAS treatment options, possible alternates to treatment, determining overall impact of use of imported water from Metropolitan Water District (MWD) and/or use of interties with local purveyors to supplement water supply, comparison of overall costs for options, and recommendations.
The Dra:tt Study is complete. Final comments are being addressed for the presentation of the study to the City Council Meeting. The contract expired on June 30, 2022. Amendment No. I extends the contract terms six months, retroactively effective as of July 1, 2022, to provide time to complete the study at no additional cost to the City. The extension accommodates the forthcoming presentation to the City Council of the study, findings, and recommendations.
ATT ACHMENTS: A. Proposed Amendment No. 1
B. ContractNo. 2021-17-CC
AA:lc
10 Amendment No. 1
ContractNo. 2021-17-CC
AMENDMENT NO. l TO CONTRACT N0. 2021-17-CC EXTENDING
THE TERM OF AGREEMENT BETWEEN THE CITY OF SOUTH GATE
AND TETRA TECH FOR THE PER- AND POLYFLUOROALKYL
SUBSTANCES COMPLIANCE STUDY FOR CITY WATER WELLS
This Amendment No. 1 to Contract No. 2021-1 7-CC for Professional Services for the Per- and Polyfluoroalkyl Substances (PFAS) Compliance Study for City Water Wells, City Project No. 666- WTR ("Amendment No. l"), is made and entered into on July 12, 2022, and retroactively effective July 1, 2022, by and between the City of South Gate, a municipal corporation ("City"), and Tetra Tech, a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, on March 9, 2021, the City Council approved ContractNo. 2021-17-CC with Consultant ("Agreement") for the Per- and Polyfluoroalkyl Substances (PFAS) Compliance Study for City WaterWells, City Project No. 666-WTR ("Project"), in an amount not to exceed One Hundred Sixty-Five Thousand Dollars ($165,000) and for a term through June 30, 2022; and WHEREAS, the Parties desire to execute Amendment No. l extending the term of the Agreement for an additional 6-months through and including December 31, 2022, under the terms and conditions of the Agreement and at no additional cost to the City.
NOW, THEREFORE, the parties hereby agree as follows:
1. TERM OF AGREEMENT
This Amendment No. 1 is retroactively effective to July 1, 2022, and will remain in effect through and including December 31, 2022, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided in the Agreement.
2. COMPENSATION
Services shall be completed within the existing amount provided for in the Agreement. No additional compensation is hereby authorized.
3. EFFECT OF AMENDMENTS
Except as expressly amended herein, all other terms and conditions of the Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section 1 above.
Furthermore, City reserves the right to augment or reduce the scope of work as City deems necessary.
[Remainder of page left blank intentionally.]
11 Amendment No. 1
ContractNo. 2021-17-CC
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. l to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
B)7:
Al Rios, Mayor
Dated:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: 'PI,)}-F:gW
Raul F. Salinas, City Attorney
TETRA TECH:
B7:
Steve Tedesco, PE, Senior Vice President
Date:
12 (TETRA TECH
July 24, 2022
Arturo Cervantes
Assistant City Manager/Director of Public Works
City of South Gate
8650 California Avenue
South Gate, CA 90280
Reference: Per- and Polyfluoroalkyl Substances (PFAS) Compliance Study for City Water Wells Contract No. 2021-17-CC/Amendment No. 1- Contract Time Extension Dear Mr. Cervantes:
The current contract (No. 2021-17-CC) between Tetra Tech and the City of South Gate is due to expire at the close of business on June 30, 2022. The purpose of this letter is to request an extension to the term of the agreement.
At this time, we are requesting an extension to assist in completing the remaining work including Council presentations and finalizing the Study Report. We propose an amendment to the contract that specifically extendsthetermofagreementthroughDecember31,2022. Noadditionalcompensationisbeingrequested.
Should you have any questions, please do not hesitate to contact me at (949) 809-5153 or email [email protected].
Sincerely,
Steve Tedesco. PE
Senior Vice President
Tetra Tech
17885 '1!all Kill m.ui Avcntic. Sinu' 500. Ii vme. C/'192614-6213 Tel9'i98095000 Fax'-"!98095010 tetratech.com
13 Contract No. 2021-17-CC
AGREEMENT FOR PROFESSIONAL SERV ICES
FOR Tl-IE PER- AND POLYFLUOROAJ,KYL SUBSTANCES COMPLIANCE STUDY FOR
CITY WATER WELLS BETWEEN THE CITY OF SOUTH GATE AND
TETRA TECH
This Agreei'nent for Professional Services for tlie Per- and Polyfluoroalkyl Substances (PFAS) Coi'npliance Study forCity Water Wells, City ProjectNo. 666-WTR ("Agreeinent") is inade and entered into on Marcl'i9, 2021, by and between tlie City of Soutli Gate, a imiiiicipal corporation ("City"), and Tetra Tecli, wliose California Secretary of State's Entity Nui'nber is COl68406 ("Consultant").
Tlie City and Consultant are sometiines liereinafter individually referred to as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, City desires to retain professional engineering services for tlie preparation of tl'ie Per- ai'id Polyfluoroalkyl Substances (PFAS) Compliancc Study for City Water Wells, City Project No. 666-WTR;
WHEREAS, Consultant warrants to City tliat it has tlie requisite skills, knowledge, qualifications, manpower and expettise to perfori'n properly and tiinely tlie professional services required under t)iis Agreeinent; and
WHEREAS, based on sucli representation, City desires to contract witli Consultant to perforin professional services described in tlie Scope of Work attaclied liereto as Exliibit "A" and made a part to tliis Agreeinent.
NOW, THEREFORE, tlie Parties liereby agree as follows:
SCOPE OF WORK. City hereby engages Consultant, and Consultant accepts sucli engagement, to perforin tlie services set foitli in tlie Scope of Work as described in Exliibit "A." Tlie Scope of Work i'nay be inutually ainended from tiine to tiine by botli Paities in COMPENSATION. The total an'ioui'it of coinpeiisation paid by City to Consultaiit for tliis Agreeinei'it sliall not exceed the Slim of One Hundred Sixty-Five Tliousand Dollars ($165,000) as described in the Fee Schedule attacl'ied hereto as Exl'iibit "B." City sliall pay Consultant for its professioi'ial services rendered ai'id reasonable costs incurred pursciant to tliis Agreement. No additional coinpei'isation sliall be paid for any other expenses ii'icui-red unless first approved in writing by tlie Assistant City (Vlanager/Director of Public Works.
2.1 Coi'isultant sliall be required to attend meetings at City Hall as necessary in the delivery of tlie projects. Travel tii'ne between tlie Consultant's office and City Hall s)iall not be billable; liowever, inileage is an allowable cliarge reiinbursable at tlie Federal rate. Consultant maxi request an exeinptioi'i on a case by case basis.
2.2 Consultant sliall subinit to City a montlily invoice for services rendered included in Exliibit "A." City sliall pay tlie Coi'isultant witliin forty-five (45) days of receipt of 14 ai'i approved invoice.
2.3 No payinent made hereunder by City to Consultant, other than the final payinent, sliall be construed as an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under tliis Agreeinent.
3. TERM OF AGREEMENT. This Agreement is effective as of March 9, 2021, and will reinain in effect througli and including June 30, 2022, unless otherwise expressly extended and agreed to by both Paities in writing, or terininated by either Party as provided lierein.
CITY AGENT. Tlie Assistant City Manager/Director of Public Works, for the purposes ofthis Agreeinent, is the agent for the City. Whenever approval or authorization is required, Consultant understands tliat the ASsistant City Manager/Director of Public Works lias the authority to provide that approval or autliorization.
CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located witliin City w)iich inay be affected by the services to be perforined by Consultant under tliis Agreement. Consultant further represents that in perforinance ofthis Agreeinent, no person having such interest s)iall be employed by it. Within ten (10) days, Consultant agrees that it will iinmediately notify City of any other conflict of interest that inay exist or develop during the terin of tliis Agreeinent.
5.1 Consultant represents that no City employee or official has a material financial interest ixi tlie Consultant's business, During the term of this Agreei'nent and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in the Consultant's business or in this Agreement by any City employee or official.
6.1 Termination for Convenience. The City may terminate this Agreement at any time without cause by giving fifteen (15) days written notice to Consultant of such termination and specifying the effective date thereof. In tliat event, all finished or unfinished documents and other iriaterials shall, at tlie option of City, become its property, If this Agreement is terininated by City as provided herein, Consultant will be paid a total amount equal to its outstanding fees for services rendered as of the terinination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.
6.2 Termination for Cause.
6.2.1 The City may, by written notice to Consultant, terminate the whole or any pait of this Agreeinent in any of the following circumstances:
Page2ofl0
5018581.1-L235.53
15 a.
b.
If Consultant fails to perfori'n tlie services required by tliis Agreement witliin tlie tiine specitied herein or any autliorized extension thereof; or
If Consultant fails to perfori'n tlie services called for by this Agreement or so fails to make progress as to endanger performance of this Agreeinei'it in accordance witli its terins, and in either of tliese circumstances does not correct sucli failure witliin a period of ten (10) days (or SLICII longer period as City may autliorize in writing) af'ter receipt of notice froin City specifying sucli failure.
6.2.2 In the event City teri'ninates tliis Agreeinei'it in wliole or in part as provided above in Subsection 6.2. 1, City may procure, LIPOII such terms and in SLICII irianner as it may deem appropriate, services siinilar to those terininated.
If tliis Agreement is terininated as provided above in Subsection 6.2. 1, City may require Consultant to provide all finislied or unfinislied documents, data, studies, drawings, inaps, pliotograplis, reports, filins, cliaits, sketcl'ies, coinputation, scirveys, models, or otlier similar docuinentation prepared by Consultant. Upon SLICII terinination, Consultant sliall be paid an ainount eqcial to the vague of the work performed. In ascertaining tlie value of t)ie work perfori'ned up to tlie date of terinination, consideration sliall be givei'i to botli coinpleted work and work in progress, to coi'nplete and incoinplete drawings, and to other docuinents wlietl'ier delivered to City or in possession of Consultant, and to autliorized reimbursei'nei'it expenses.
If, after notice of teri'nination of the Agreei'nent under tlie provisions of Subsection 6.2. l above, it is determined, for any reasoi'i, that Consultant was not in default, or tliat tlie default was excusable, tl'ien tlie rights and obligations of tlie Parties sliall be tlie saine as if tlie notice of terinination Non-Assignability. Consultant shall i'iot assign or transfer any it'iterest in tliis Agreeinent witl'iout tlie express prior written consent of City.
Non-Discrimination.
Consultant sliall not discriminate against any ei'nployee, subcontractor, or applicant for ei'nployi'nent because of race, creed, gender, gender identity (including geimer expression), color, religioi'i, ancestry, sexual orientation, national origin, disability, age, i'narital status, fainily/parenta) status, or veteran/inilitary status, in tlie performance of its services and duties pcirsuant to tl'iis Agreement and will comply witli all applicable laws, ordinances and codes of tlie Federal, State, and County and City governments. Consultaitt will take affirmative action to ensure that subcontractors and applicants are employed, and tliat employees are treated
16 during einp!oyment witliout regard to their race, color, religion, ancestry, sex, national origii'i, disabled or age. Consultant will take afl'irmative action to ensure tliat all einployinent practices, including tliose of any subcontractors retained by Consultant to perform services under tliis Agreei'nent, are free fiaoin sucli discrimination. Such employmei'it practices include but are not liinited to l'iiring, upgrading, deinotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or otlier forms of compensation, and selection for training, including appremiceship.
6.4.2 The provisions of Subsection 6.4.1 above shall be included in all solicitations or adveitiseinents placed by or on bel'ialf of Consultant for personnel to perform any services ui'ider tliis Agreei'nent. City shall liave access to all documents, data and records of Consultant and its subcontractors for purposes of deterinining compliance witli tlie eqcial ei'nployment opportcinity ai'id non-discrii'nination provisions of this Section, and all applicable provisions of Executive Order No. 11246 wliich is incorporated herein by tliis reference. A copy of Executive Order No. 11246 (relating to federal restrictions against discriininatory practices) is available for review and on tile with the City Clerk's Office.
6.5 Insurance. Consultant sliall sibinit to City certificates indicating coinpliance with t)ie following ininii'num insurance requirei'nents no less than one (l) day prior to beginning of perforinance under this Agreeinent:
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6.5.1 Workers' Coinpensation Insurance as required by law. Consultant sliall require all subcontractors siinilarly to provide sucli compensation insurance for tlieir respective employees.
6.5.2 Coinprelieiisive general and autoinotive liability insurance protecting InJtlQ' all)7
one person, $1,000,000 for injuries arisii'ig out of one occurrence, and $500,000 for propeity dainages or a coinbined single liinit of $1,000,000, witli an aggregate of $2,000,000. Professional Liability insurance witli a liinit of not less tlian $1,000,000. Eacl'i such policy of insurance sliall:
a.
b.
Be issued by a financially responsible insurance coinpany or companies admitted or autliorized to do business in tlie State of California or wliidi is approved in writing by City.
Nairie and list as additional insured City, its officers and einployees.
C. Specify its acts as primary insurance.
d. Contain a clause substantially in the following words: "[t is hereby understood and agreed that tl'iis policy shall not be canceled or
17 e.
inaterially cliai'iged except upon tliirty (30) days prior writteii notice to City of sucli cancellation or material cliange." Cover the operations of Consultant pursuant to the terins or tiiis Agreeinent.
6,6 Indemnification, Consultant agrees to indeinnify, defend and liold liarinless City and/or any otlier City agency, including other einployees, officers and representatives, foi/fron'i any and all claims or actions of any kind asseited against City and/or any otlier City agency arising out of Consultant's (including Consultant's einployees, representatives, products and subcoi'itractors) negligent perfonnance under this Agreetnent, excepting only sucl'i claims or actions wliicli may arise out of sole or active negligence of City and/or any otlier City agency, or any tliird parties not acting on behalf of, at t)ie direction of, or under tlie control of Consultai'it.
6.7 Compliance With Applicable Law. Consultant and City sliall coinply witli all applicable laws, ordinances and codes of tlie federal, state, county and city governi'nents, witliout regard to conflict of law principles.
6.8 Independent Contractor. Tliis Agreei'nent is by and betweei'i City and Consultant and is not intei'ided, nor sliall it be constrtied, to create the relationsliip of agency, servant, einplo>iee, paitnersliip, joint venture or association, as betsveen City and Consultant.
6.8.1. Consultant sliall be an independent contractor and shall have i'io power to incur any debt or obligation for or on behalf of City. Neitlier City i'ior any of its officers or employees sliall have any control over the conduct of Consultant, or any of Consultant's einployees, except as lierein set fortli, and Consultant expressly warrants not to, at any tiine or in any n'ianner represent tliat it, or any of its agents, servants or einplo)iees are in any and shall at all tiincs remain to City a wliolly independent contractor and Consultant's obligations to City are solely SLICII as are prescribed by tliis Agreement.
6.8.2. Indei'nnification of CalPERS Determination. In t)ie evei'it t!iat Consultant oi- any einployee, ageiit, or subcontractor of Consultant providing services under tliis Agreeinent claii'ns or is determined by a cocirt of coinpetent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an einployee of City, Consultant sliall indeinnify, defend, and hold liari'nless City for tlie payinent of any einployee and/or einployer contributions for Ca)PERS benefits on belialf of Consultant or its einployees, agents, or subcontractors, as well as for tlie payinent of any fees assessed and interest, wliicli would otlierwise be tlie respoi'isibility of City.
/O
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18 6.9 Consultant's Personnel.
6.9.1 All services reqciired ui'ider tliis Agreement will be perforn'ied by Consultant, or under Consultant's direct supervision, and all personnel sliall possess the qualifications, perinits and licenses required by State ai'id local law to perform sucli services, including, withocit lin'iitation, a City of Socitli Gate business license as required by tlie South Gate Municipal Code.
6.9.2 Consultantsliallbesolelyresponsibleforthesatisfactoryworkperfori'nance of all personnel engaged ii'i perforining services required by this Agreeineiit, and compliance uiitli all reasonable perforinance standards established by City.
6.9.3 Consultant sliall be responsible for payinent of all employees' and subcontractor's wages and benefits, and sliall coinply with all requireinents pertaining to einployer's liability, workers' coinpensation, unen'iployi'nent insurance, and Social Security.
6.9.4 Consultant shall indeinnify and liold liarmless tl'ie City and all otlier related entities, officers, eiriployees, and representatives, froin any liabiiity, damages, claims, costs and expenses of any i'iature arisii'ig froin alleged violations of persoime! practices, or of any acts or oinissions by Consultant in connection witli tlie work perfori'ned arising froin t)iis Agreeinent. 6,10 Copyright. No reports, maps or other documents produced in whole or in part under tliis Agreei'nent sliall be the subject of an application for copyriglit by or on behalf of Consultant.
6.11 Legal Construction.
o i ia I
in all respects be interpreted, enforced and governed under tlie laws of tlie State of California, witliout regard to conflict oflaw principles.
6.11.2 Tliis Agreeinent sliall be coi'istrued witliout regard to tlie idei'itity of tlie persons who dratted its various provisions. Each and every provision of this Agreei'nent sliall be construed as tliougli eacli of tl'ie parties participated equally in the drafting of t!ie san'ie, and any rule of construction that a docuinent is to be construed against tlie drafting party s)iaH not be applicable to tliis Agreement,
6,11.3 Tlie aiticle aim section, captions and lieadings herein have been inserted for convenience only and shall not be considered or referred to in resolving questioiis of interpretation or construction
19 6.11.4 Wlienever in tliis Agreeinei'it tl'ie context i'nay so reqtiire, tlie inasculine gender sliall be deei'ned to refer to and include the feininine and neuter, and tlie singular sliall refer to and include tlie plural.
6.12 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payinent inade under tliis Agreeinei'it sliall operate as and be a release of City from all claiins and liabilities for coinpensation to Consultant for anything done, furnislied or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or tl'ie failure to make a written extra coinpensation claiin witliin ten (10) calendar days of tlie receipt of tliat check.
However, approval or payi'nent by City sliall not constitute, nor be deemed, a release of tlie responsibility and liability of Consultant, its employees, subcontractors and agents for tlie accuracy and coinpetency of tlie infori'nation provided and/or work perforined; i'ior s!'iall sucli approval or payment be deeined to be an assiinption of sucli responsibility or liability by City for any defect or error in tl'ie work prepared by Coi'isultant, its einployees, subcontractors and agents.
6.13 Corrections. In addition to the above indei'nnification obligations, Consultant shall correct, at its expense, all errors in t!ie work wliich may be disclosed during City's review of Consultant's repoit or plans. Sliould Consultant fail to i'nake SLICII correctioi'i in a reasonably tiinely inanner, sucli correction sliall be made by City, and tlie cost thereof sliall be charged to the Consultant.
6.14 Files. All files of Consultant peitaining to City sliall be and reinain tlie propeity of City. Consultant will control tl'ie physical location of SLI(:11 files during the terin of this Agreeinent and sliall be entitled to retain copies of sucli files upon termination of tliis Agreeinent.
6.15 Waiver; Remedies Cumulative. Failure by a Party to insist upoi'i the performance of any of the provisions of tliis Agreei'nent by tlie otlier Paity, irrespective of tlie Paily's riglit to deinand coinpliance by SLICII otlier Party in t)ie future. No waiver by a Party of a default or breach of tlie ot)ier Paity sl'iall be effective or binding upoi'i sucli a Paity unless inade ii'i writing by sticli Party, and 110 SLICII waiver sliall be iinplied from any oi'nissions by a Paity to take any action witli respect to sucli default or breac)i. No express written waiver of a specified default or breacli sliall affect any other default or breach, or cover any otlier period of tiine, otlier tlian any default or breacli and/or period of tiine specified. All of the reinedies perinitted or available to a Paity under tliis Agreei'nent, or at law or in equity, sliall be cui'nulative and alternative, and invocation of any sucli rigl'it or reinedy sliall not constitute a waiver or election of remedies witli respect to any other peri'nitted or available right of reinedy,
6.16 Mitigation of Damages. In all sucli situations arising out of tliis Agreeinent, tlie Paities shall atteiript to avoid and ininiinize tlie damages resulting froi'n the conduct of tlie otlier Party.
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20 6.17 Severabiity. If any provision in this Agreeiriei'it is lield by a court of coinpetent jurisdictioi'i to be invalid. void or unenforceable, tlie reinaining provisions will nevertlie!ess contii'iue in full force witliocit being iinpaired or invalidated in any Wag".
6.18 Attorney's Fees. Tlie Paities liereto acknowledge and agree that eacli will bear liis or its own costs, expenses and attorney's fees arisiiig out of and/or coni'iected witli tiie negotiation, drafting and execution of tlie Agreeinent, and all matters arising out of or connected tlierewitl'i except tliat, in t)ie event any action is brouglit by any Party liereto to enforce t)iis Agreement, the prevailing Paity in such action sliall be entitled to reasonable attorney's fees and costs in addition to all otlier relief to which tliat Paity or tliose Parties may be entitled.
6.19 Entire Agreement and Amendments. Tliis Agreeinent (including Exliibits "A" and "E3" liereto, w)iic)i are incorporated lierein by this reference) constitutes tlie w)iole agreei'nei'it between City and Consultant, and neitlier Party lias inade any reliresentations to the otlier except as expressly contained lierein. Neit!ier Party, in executing or perfori'ning tliis Agreement, is relying upon any statement or inforination not contained in tliis Agreeinent. Any ainei'idinents, clianges or inodifications to tliis Agreeinent inust be inade in writing and appropriately executed by botl'i City and Consultant.
6.20 Notices. Any notice required to be given liereunder sliall be deeined to liave beei'i given by einail transinission witli confirination of delivery, and depositing said notice in the United States i'nail, postage prepaid, and addressed as follows:
TO CITY:
City of Soutli Gate
Aituro Cervantes
Assistant City Manager/
WITH COURTESY COPY TO:
City of Soutli Gate
Carinen Avalos
City Clerk
8650 California Avenue
Soutli Gate, CA 90280
E-inail: accrvi'inlcs(t7),soai'ilc.orx
TO CONSULT ANT:
Tetra Tecli
Steve Tedesco, PE
Senior Vice President
17885 Von Kari'nan Avenue,
Suite 500,
lrvine, CA 92614-5227
E-inail: [email protected]
Soutli Gate, CA 90280
E-inail: cavalosJ'2i').soaatc.orta,
6.21 Warranty of Authorized Signatories. Eacli of the signatories !iereto warrants and represents tliat he or slie is competent and autliorized to enter into this Agreement
5018581 I-L235 53
21 on belialf of the Party for wlioin he or slie purports to sign. 6,22 Consultation With Attorney. Consultant warrants and represents tliat it lias consuited wit!i an attorney or knowingly and voluntarily decided to forgo SLICII a consultation.
6.23 Interpretation Against Drafting Party. City and Consultant agree tliat tliey liave cooperated in the review and drafting of tliis Agreei'iient. Accordingly, in t)ie event of any ainbiguity, neitlier Party i'nay claiin tliat the interpretation of this Agreeinei'it shall be construed against eitlier Party solely because that Party drafted all or a portion of tliis Agreeinent, or the clause at issue.
6.24 Counterparts. Tliis Agreeinent may be executed in counterpaits and as so executed shall constitute an agreeinent w)iidi shall be binding upon all Paities lierein.
[Remainder of page left blank intentionally]
/4
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22 IN WITNESS WHEREOF, tlie Parties liereto have caused tliis Agreen'ient to be executed and attested by tl'ieir respective officers tliereunto duly autliorized.
CITY OF SOUTH GATE:
Dated: 3,/"E',,) 72 /
ATTESTED
Carmen Ava os Cly
(SEAL)
APPROVED AS TO FORM:
B7:
aul F. Salinas, City Attorney
TETRA TECH:
/Steve Tedesco, PE,
Senior Vice President
Dated: March 3, 2021
5018581 I-L235 53
23 EXHn3IT A
SCOPE OF WORK
PER- A!SiD POLYFLUOROALKYL StJBSTANCES (PFAS) COMPLIANCE STUDY FOR CITYWATERWELLS - CITY PROJECT NO. 666-WI'R
I. PURPOSE
The City of South Gate (City) owns and operates a municipal water system. Groundwater extracted from some of the system's water wells is impacted by PFAS. The City seeks the services of an engineering consultant to prepare a planning study to address this issue: Per- and Polyfluoroalkyl Substances (PFAS) Compliance for the City's water system.
The goal of the study is to develop a comprehensive plai'ining docuinent that enables the City to strategically plan, budget and implemem water system improvement solutions. Recommended solutions shall provide for mitigating the impacts of PFAS to water quality, such that the water wells can continue to be operated while meeting State and Federal diinking water standard. Each solution shall also provide for supply reliability and efficiency to meet the current and future water demands in a cost-effective manner.
The City is seeking engineering expeitise and experience in all tasks required to successfully complete the study, inclusive of but not limited to, reviews, technical assessments, recoininendations, and planning level design documents for cost-effective treatment systems for the impacted groundwater wells. More paiticularly, the treatment systems shall remove, or reduce the levels of PFOA and PFOS substantially below the current Response Level of 10 PPT and 40 PPT, respectively. The report should also cover the overall impact to the water system, including water quality and conveyance issues, if impoited water from Metropolitan Water Distiict (MWD) is used and/or addition of PFAS free new wells or replacement wells instead of constructing treatment facilities.
n. PROJECT SCHEDULE
The Consultant's proposal shall include a schedule for completion and deliveiy of the documents within six months from the date of contract.
m, RACK(.RO[TNn
In August 2019, Califoiania's Division of Drinking Water (DDW) established notification levels (NLs) for perfluorooctane sulfonic acid (PFOS) and peifluorooctanoic acid (PFOA) (6.5 ppt for PFOS and 5.1 ppt for PFOA). Notification levels are a nonregulatory, precautionary health-based measure for concentrations in drinking water that warrant notification and fuither monitoring and assessment.
Exhibit A- Scope Water A-1
24 On Febiuaiy 6, 2020, State Water Resources Control Board (SWRCB) arinounced that they reduced the levels of PFOA and PFOS in drinking water tliat trigger responses by water systems.
The SWRCB set new response levels (RLs) of 10 paits per trillion (ppt) for PFOA and 40 ppt for PFOS. Previously, tlie RL was 70 ppt for tlie total concentration of the two contaminants combined. Under a new California law (Assembly Bill 756), if a water system receives a SWRCB order for testing and finds that the PFOA or PFOS concentration exceeds their KL, the systen"i is required to take the water source out of service, provide treatment, or notify their customers in wiiting. Water systems are also required to take several otlier measures to communicate the test results to tlie public.
In 4'b Quaiter of 2019, the City voluntarily staited testing its wells for PFAS cheinicals. From the test results (Table-2), the presence of PFAS was found.in the City Wells No. 14, 18, 19, and 24.
Due to the presence of PFAS above tlie NLs and closer to RLs, the City decided to remove Well No. 14 and 18 from the service pending fuither evaluation.
To be proactive, the City is taking steps towards a peimanent solution. As the first step, a planning study will be prepared to assess the impact of PFAS under different scenaiios, and to develop water treatment strategies and recommendations for modifications. Costs for treatment are likely to be notewoithy, so the planning study would guide decision-makmg.
Tlie City is seeking an assessment and recommendations to aid in the decision-making for managing PFAS. The intent of the study is to evatuate the existing wells and develop a wiitten repoit that establishes the physical and fiscal needs to address deficiencies in water quality, especially peitaining to PFAS, identified in recent water quality testing.
In order to meet regulatoiy requirements, the repoit will evaluate and identify specific treatment technology and associated infrastructure for groundwater treatmentneeds, in a slioit teri'n and long- term detailed Capital Improvement Program. Proper assessmei'it of water quality data, treatment processes evaluation, and use of alternate supply sources such as constiuction of new water wells on the west side of the City, replacement wells on the east side of the City. Analysis should also and sustainable water supply.
The Water Replenishment District (WRD) has a grant program for PFAS treati'nent. Funding will be offered for two years with a total amount of $34 million dollars. It is capped at $5 million or $1,000 dollars per AF of water treated. The City has applied for fianding for three qualifying wells (Well No. 14, 18, and 24).
IV. SOUTH GATE WATER SYSTEM
a) Existing Water System
TheCity'smunicipalwatersystemhasapproximatelyl35milesofwatermains. TheCity'swater system serves the approximately 90 percent; Golden State Water Company serves the Hollydale area; and Tract 180 Mutual Water Company and Walnut Mutual Water Company setaves a few properties in the City. There are over 14,500 customer accounts that the City is servicing including Exhibit A- Scope Water A-2
25 residential, coini'nercial and industiial customers. The City also lias several recycled water service coi'inections to serve mainly landscape iirigation.
Cuirently, the City's potable water demand is met by eiglit active wells (see Figures 1 and 2, and Table 1). The annual production is approximately 8,300 acre-feet and the City has an Allowed Pumping Allocation (APA) of 11,183. The City has not used MWD water for several years and currently anticipates using tlie connections only for major emergencies. Three additional wells (Well No. 13, 23, and 25) in the system are classified standby at present due to elevated levels of iron, manganese, or other volatile organic carbon (VOC) contaminants as classified by EPA.
Well No. 28 and 29, located at Ardmore Avenue, are primary production wells for the west side of the City. Well No. 26 and No. 27, located at Tweedy Boulevard, serves south west poition of the City. Wells No. 13 (standby), 14, 18, and 19, located in the South Gate Park on the east side of the City. Well No. 24, located on tlie east side of the City, is the main feed to the Hawkins Reservoir and area east of Los Angeles River.
The water extracted from all groundwater wells is disinfected with liquid sodium hypochlorite at the well facilities prior to the delivery into the distribution system. Cutrently, there is wellhead treatment at two facilities of the water system for removal of primary and secondaiy contaminants:
1) Spray Aeration Treatment Systems for Park Well No. 13, 14, 18, and 19 to remove VOC; and 2) Loprest Greensand Treatment Plant for Well No. 27 at the Westside Reservoir site to remove Iron and Manganese. These two systems have been operating successfully for many years on a continuous basis.
There are five, at grade, steel water tanks and one underground concrete tank in the system wit}i a total capacity of 14 MG. Two of the at grade tanks, capacity 2.5 MG each, are located at Firestone Boulevard and the I-710 Freeway, referred to as the Hawkins Reservoirs, while the two at grade tanks, capacityl.66 MG each, at Westside Reservoir site are located at Tweedy Boulevard between Well No. 26 and Well No. 27. The recently completed Elizabeth Reservoir has a capacity of 1.8 MG. The underground concrete tank, capacity 4.2 MG, is located in the South Gate Park.
The existing Well No. 14, 18, 19, and 24 are impacted by the presence of PFAS. These four wells jointly provide over 50% of the 8,300 acre-feet of annual water production. The daily demand in the City system is in the range of 8 tol2 million gallons per day in Suinrner. The daily pumping rates for the four wells is around 5,500 gpm. Also, the Hawkins and Park Reservoirs provide over 65%ofthetotalstoragecapacityofl4.3milliongallonsoftheCitywatersystem. Ifthefourwells at the Hawkins and South Gate Park are removed from service due to non-compliance, the water system will also lose this emergency storage. Besides, the City has invested in infrastructure at these two sites. Tlierefore, it is imperative that the production of those wells will continue and the reservoirs are in service to for the system to be reliable.
All other wells in the west side of the system, (Well No. 26, 27, 28, and 29) are not impacted by the presence of PFAS.
b) Proposed Future Improvements
Exhibit A- Scope Water A-3
26 City is in the process of drilling a new well, Well No. 30, to replace the existing standby Well No. 25 at the Hawkins Reservoir site. Well No. 25 is a shallow well that was damaged during a previous rehabilitation project and has not shown PFAS from recent testing. This new well will be in veiy close proximity to (150 feet apait) Well No. 24 which is impacted with PFAS. One thought is to block groundwater from any aquifers contaminated witli PFAS. Zone testing will be done duiing well diilling to deterinine the contaminated aquifers for isolation. Tlie perforation levels can be carefully selected for the new well to eliminate intiusion of PFAS contaminants, while reducing extraction rate. Once constiucted, tlie new well will operate as the piimaiy well at t}ie Hawkins site and Well No. 24 will be used for emergency purposes only. If successful as planned, this could eliiriinate the need for constiucting a treatinent plant at this site, as Well No. 24 will no longer be tlie primaiy.
Water wells, No. 14, 18, and 19 in tlie South Gate Park are almost 75 years old and will require replacement in the future. In view of that, the City snay consider replacing the existing standby Well No. 13 in the Patt. This approach will provide the possibility of eliminating tlie need for a PFAS treatment plant by systematically by blocking PFAS contaminated groundwater aquifers as describedabove. Theadvantagecouldbetwofolds: 1)eliminatecapitalinveshnentonatreatment plant plus associated operating costs; and 2) building reliable water source on the east side of the City to address slioit teim and long terin infrastructure needs. Cuirently Well No. 19 has not shown excessive levels of PFAS. If t)ie new replacement well in the Park is successful, treatment facilities may not be required in the Park.
The other active wells of the City (Well No. 24, 26, 27 and 29) are not impacted by PFAS.
However, they are on the west side of the City, so it is not feasible to use them to feed the reservoirs located at South Gate Park and on the east side of Los Angeles River. They may not also have tlie capacity to meet maximum water demands required by the east side of the City. Study should look into constiucting new wells of the west side of the City and with augmentation of east-west transmission mains to feed the reservoirs on the east side.
The water system has two MWD connections, CB-7 and CB-] 1, in the City (See Location Map). assistance in a supply shoitage. Althougli all tliese five interconnections are bi-directional, the City is the intended provider. The City cuirently has sufficient pumping rights to supply their residents and sell water to the neighboring agencies. Regardless, these interconnections may provide the essential backup supply needed during emergencies.
V. StJMMARY DESCRIPTION OF CURRENT WATER QUALITY ST ATUS a) Surnmaiy of Sampling Results
As anticipated, tlie City has now been ordered by the State Water Resources Control Board, Division of Diinking Water (DDW) to sample for PFAS at Well Nos. 14, 18, 19 and 24. The requirement is quarterly sampling, for one year. PFAS has Notification Level and Response Level thresholds that the water system will be subject to, based on the average of the results of four quaiters of testing.
Exhibit A- Scope Water A-4
27 Tlie City is proceeded with sampling, startixig in October 2020. Thiaee of the four wells will be san'ipled as Well No. 19 is out of service due to a meclianical issue. The City notifying the DDW that sampling of Well No. 19 will begin in January 2021. Also, since tlie conunencement of voluntaiy monthly water sainpling, tlie test results have shown that PFAS is present at Well No. 14 and 18 at levels that exceed the Response Level thresl'iold.
It is forecasted that this pattern will not change, whicli could be confirined after the testing one- year period. If our forecast is coirect, the City will need a more permanent solution as agencies are indicating they are sliutting down wells that have PFAS at levels exceeding the Response Level.
The Attachment No. 1 shows the recent water quality test data for PFOA's and 1-4 Dioxane. The wells located on the east side of the City has shown the presence of PFOA's. Out of the tl'iree active wells, located in the South Gate Park (Well No. 14, 18, and 19), two wells, Well No. 14, andl8, have exceeded the response level of 10 ppt in some of the test results. Also, Well No. 24 at the Hawkins Reservoir site shown PFOA levels above or close to the RL of 10 ppt. The results also show tliat the levels of PFOS is general lower tlian the RT, of 40 ppt. Well No. 19 located in Soutli Gate Park has shown lower level of PFOA compared to Well No. 14 and 18, it but has not been in service recently due to mechanical issues. b) Existing Treatment System for VOC and Future Treatinent for 1-4 Dioxane The three existing wells in the South Gate Park are treated for VOC's, so any PFOA's treatment system for these three wells should facilitate VOC treatment as well for water quality compliance.
In addition to PFOA's, tlie above wells in South Gate Park and Hawkins Reservoir site have shown the presence of 1-4 Dioxane, although the detection level is much lower tlian the RL of 35 ppb.
However, it has been brought to the attention of the City by the Division of Diinking Water of State Water Resources Control Board (DDW), some mitigation or planning measures liave to be taken as there can be a maximum Contaminant Level forl-4 Dioxane in the future. Therefore, the proposed treatment system may include mitigation of 1-4 Dioxane or provide some accommodationforfuturetreatmentofthiscontaminant. Itisexpectedthatl-4Dioxanetreatment Exhibit A- Scope Water A-5
20 28
Plgura I -Water System Map
Ilta*#()) 'a"
lalllJ) (l i)
allll0.lili(
a RESERVOIR
WliLu 24
HAWKIN8
nisepvcilA'
Exliibit A- Scope of Work A-6
29 Flgura 2 - Watar em Layout
ffi
m
: i )ffi i l
I ' i
ml
u WUIWI
Exliibit A- Scope of Work
22- 30
TABIE 1- WaLSmS AND RESERVOIRS
State Well No. Well No. Location Drilled Capacity Status 03S/ 12W-06DO1 13 SG Park - 9615 Plnehurst Avenue 1940 1,650 GPM Stand-by (Submersible pump. Hlgh levels of Iron and Manganese).
035/ 12W-06DO2 14 SG Park - 9615 Pinehurst Avenue 1944 2,900 GPM Active 03S/ 12W-06DO3 18 SG Park - 9615 Pinehurst Avenue 1945 I,500 GPM Active 03S/ 12W-06DC)4 19 SG Park - %15 Pinehurst Avenue 1947 2,000 GPM Active 03S/12W-05MOl 22-B 10740 Lee Lane 1948 950 GPM In-active (High levels of TCE - Not connected to dlstrlbution system).
035/ 12W-06BO3 23 9595 Salt Lake Avenue 1952 600 GPM Stand-by (Hlgh levels of Iron and Manganese).
025/ 12W-31QO3 24 9021 W. Frontage Road 1985 1,500 GPM Active 025/ 12W-31QO2 25 9021 W. Frontage Road 1985 350 GPM Stand-by (High levels of Iron and Manganese).
02S/ 13W-34QO3 26 2541 Tweedy Boulevard 1984 1,600 GPM Active (Natural Gas powered). 025/ 13W-34RO1 27 2645 Tweedy Boulevard 1987 1,500 GPM Active (Iron and Manganese Facility) 02S/ 13W-35AOO2S 28 3414 Ardmore Avenue 2003 2,500 GPM Active 025/13W-344035 29 2700 Ardmore Avenue 2017 2,000 GPM Active Location Built Capacity
Hawkins Reservoir 9021 W. Frontage Road 1985 2 - 2.5 Million Gallons Santa Fe Tank (Out of
Service)
2700 Ardmore Avenue
(8600 Sanm-Fe) - -
1946 500,000 Gallons
Salt Lake Tank (Out of
Service)
9595 Salt Lake Avenue 1951 500,000 Gallons
Westside Reservoir 2751 Tweedy Boulevard 1999 2-1.66 Million Gallons Park Treatment
Reservoir (below grade)
South Gate Park - 9615
Pinehurst Avenue
1994 4.2 Million Gallon
Elizabeth Reservoir 3414 Ardmore Ave 2017 1.8 Million Gallon Exliibit A- Scope of Wotk A-8
Tanksand Rlrs
31 Intqr0es wjih 061qr pqivs)yors
Interconnection
City of Downey
City of Lynwood
Walnut Park Mutual Water Company
City of Huntington Park
Southern California Water Company
Pipe Size
(lnches)
6 12
6 6
8 Location
De Palma St and Mitla Ave
Santa Fe Ave and Seminole Ave
Santa Ana Ave and Mountain View Ave
Santa Ana Ave and Salt Lake Ave
Garfleld Ave and Monroe Ave
A-9
24 Exhibit A- Scope of Work
32 Sample Quarter WELL 14 WELL 18 WELL 19 WELL 14
PFOA PFOS PFOA PFOS PFOA PFOS PFOA PFOS
4TH QUARTER - 2020
Quarterly Average
9.7 9.7
29.0 29.0
10 10.0
30.0 30.0
8.1 8.1
26.0 26,0
3rd QUARTER - 2020
Quarterly Average
9.6 9.7
8.6 10.0
9.5 25.0
31.0 30.0
27.0 28.3
10.0 11.0
11.0 10.7
31.0 33.0
30.0 31,3
10.0 9.5
8.6 9.4
30.0 29.0
25.0 28.0
2nd QUARTER - 2020
Quarterly Average
12.0 13.0
11.0 12.0
38.0 38.0
32.0 36.0
11.0 14.0
11 12.5
33.0 38.0
29 35.5
7.5 7.5
22.0 22.0
9.4 8.9
9.4 32.0
25 32,0
1st QUARTER - 2020
Quarterly Average
9.2 9.2
28.0 28,0
9.7 9.7
29.0 29.0
5.2 5,2
16.0 16,0
10.0 10,0
33.0 33.0
4th QUARTER - 2019
Quarterly Average
9.7 9.7
33.0 33.0
" ' -";#hieQ:@o-.-' - :; -l'4=Di5*ane
14 1.1 ppb
18 1.9 ppb
19 1.8 ppb
24 2.0 ppb
27 l .2 ppb
Notification Level 1 ppb
Response Level 35 ppb
Exhibit A- Scope Water
TABLE 2 - WATER QUALITY DATA (parts pertrillion)
1,4-Dioxane Test Data (parts per billion)
A-10
33 Vl. SCOPE OF WORK
The following iten'is will be a framework of tlie scope of work to be used in pinposal foitnation for tile Stuay. Tlle City understands thiS RFP l'na'y be inadequate tO filllY describe the WOrk envisioned.
Tlrerefore, tl'ie City will be relying 011 the Consultant to provide modifications to the scope of work described herein based on their professional expeitise iyi this subject area. Any additional items may be included in tlxe Fee Scliedule as Additional Itein(s) for consideration. Tlie Consultant is encouraged to incorporate items deemed necessary to meet the needs of the City in completion of tlte project, including attending the necessaiy meetings with tlie City to gatlier infoimation, receive input and approvals, and review preliminaiy results.
Tlie Consultant will need to provide a detailed analysis on how to handle PFAS concentrations for Well No. 14, 18, 19, 24 and the future Well No. 30, All items described herein should be included in tlie Study Repoit.
It should be noted that treatment facilities for Hawking Reservoir site will be located within tlie proposed Urban Orchard Park, similar to the wells located in the South Gate Park (Well No. 14, 18, and 19). This means some space limitations will apply and aesthetic factors may be taken into consideiing for facility layout.
The following are some key areas to be addressed in tl'ie study:
PFAS Treatment Options
a) Summaiy of current and pending regulations applicable to City water system. b) Water System Peimit Amendment for treatment, imported water, and blending. c) Basic comparison of treatinent technologies currentl-y used in the industiy for PFAS.
Compare in teims of capital and operations and maintenance costs. Take into account of a
operation. Examine other issues such as bio-fouling of media wluch could create significant operations issues or plant shutdown.
d) Bench-scale and/or Rapid small-scale column testing to deteitriine tlie best treatment process including, but not limited to, Granular Activated Carbon (GAC) or Ion Exchange. e) Examination of combing the existing spray aeration treatment system at Park Reservoir for Volatile Activated Carbon (VOC) treatment with the proposed treatment for PFAS. The new system may include or exclude existing spray aeration treatment system based on the technology, cost, treatment, or space requirements.
f) Treatment of 1-4 Dioxane at the well sites in the future. The proposed treatment systems for PFAS may include treatment for 1-4 Dioxane or keep provisions for future treatment.
This is an Optional Task in the proposal,
Exhibit A- Scope Water A-11
2(:- 34
g) Take into account t}ie space limitation and aesthetic aspects when deteimining treatment types and sizing treahnent units. The well facilities are witliin or encroached into public parks. Evaluate the required space and options for treatment. h) Capital and O&M costs, space requirements, etc., for treatment facilities.
Evaluate Alternates to Treatment Option
a) Evaluate alternate options such as possible blending, impoited water augmentation, or drilling well(s) in a new location away from PFAS contamination. b) Evaluate tlie impact of the proposed Well No. 30 at Hawkins Reservoir site if successful in producing PFAS free water.
c) Evaluate the impact of constructing a replacement well for standby Well No. 13 in tbe SoutliGateParkifsuccessfulinproducingPFASfreewater. Citymayconsiderperfoiming a well profile to identify aquifer layers producing VOC's and PFAS. d) Evaluate using existing Well No. 26, 27, 28, and 29 tliat are not impacted by PFAS to serve the City as an alternative.
e) Evaluate tlie cost of constnicting new wells on the west side of the City at locations free of PFAS containination. This includes construction of new transn'iission mains to feed Park and Hawkins Reservoirs from existing and future wells on the west side of the system. f) List the benefits of managing groundwater and havixig control over local resources. List the negatives of purchasing imported water such as; water shoitages and allocation restiictions when in drought years, cost, control, dependency, different water quality, etc.
Desciibe Overall Iinpact of Use of Irnpoxted Water from MWD As part of the report, the City would like to document the issues that should be addressed related to long term use of impoited water from MWD Inteities. One concept is to use the MWD connections in case tlie wells on the east side are taken out of service. This means new transmission mains need to the built to link the MWD connections to the Park and Hawkins Reservoirs. The estimated length of the transmission main from CB-11 intertie in Kaufinan/Southein Avenue to the Park Reservoir is approximately 4,200 feet, while to Hawkins Reservoir across the Los Angeles River, it is around 1.4 miles. Partially conveiting the City water system disinfection to chloramination to be compatible with MWD water may need to be taken into consideration.
Briefly describe the water quality issues sucli as disinfection with chlorination vs. chloramination, fluoridization, nitrification, etc. In addition, the conveyance and storage, and system separation issues shall be biiefly desciibed.
Exhibit A- Scope Water A-12
27- 35
Describe Overall Impact of Use of Inteities with Local Purveyors The City is seeking a comparative analysis ofwater quality conditions between the City's water system and water companies connected to tlie City's inteities. The City understand that tliere are procedures that must be undeitaken prior to accessing the drinking water through the inteities, in order to blend and produce water that meets State and Federal Standards for drinking water. This analysis shall briefly compare piimary and secondaiy contamiiiant levels, cui'rent of future anticipated PFAS levels, supply reliability consideiing the purveyors may also encounteiing the same issues, etc.
Exhibit A- Scope Water A-13
36 Comparisons and Recommendations
a) Compare treatment of PFAS or use of an alternate source or strategy such as west side wells that meets water quality standards required for PFAS. Discuss individual facility coniponents.
b) Evaluate the cost per AF to treat PFAS and cost to serve groundwater (Replenistunent Assessment of WRD plus the O&M), compare the cost to purchase impoited water. c) Operational impact to the Park and Hawkins Reservoirs if the wells on the west side are used as supply sources.
d) Compare options and recommendation based on tlie findings. Describe the next steps for the City.
e) The consultant shall recommend the most cost-effective technology to treat for PFOS and PFOA as well as otlier PFAS chemicals currently being reviewed by the Division of Drinking Water (DDW) for regulation.
f) Recommend the most cost-effective method and timely procedure to build the needed treatment systems for all wells that apply.
g) Provide design layout and flow diagrams for all well locations that apply, including review of well and treatment operation and impact on the distribution system. h) Describe industiy standard equipment and media/cliemicals to be used.
VI[. PRELIMINARYTASKDESCRIPTION
TASK NO. l GENERAL ADMINISTRATION AND MEETINCTS
a) At tlie commencement of the project, Consultant will hold a "kickoff' meeting with City staff to discuss the scope and parameters of the project as well as City's experience with the existing water facilities. Specific goals to be accomplished will be identified and effective strategy to accomplish the project goals will be developed duiing this meeting.
A memorandum will be prepared to document the established project goals and the project execution strategy. This memorandum will serve as the basis for subsequent action, in accordance with this Scope of Work.
b) Attendance at Meetings: The project engineers assigned by Consultant and City shall meet three times after the kickoff meeting (preliminaiy, interinediate and final) duiing the Project.
Exhibit A- Scope Water A-14
37 c) At the beginning of this project, a work plan will be prepared to set fortli the significant milestones and deliverables for tl"ie members to ensure compliance with the established project execution strategy and project goals. Presentation and review of the work plan will be done at the kickoff meeting. Consultant sliall fotaward an updated work plan to City on a regular basis.
(l) Consultantslialladdressanyconstrainsorproblemsenvisioned.Consultantsl'iallusesound engineering ciiteiia in the development, design and administration of tlie Project.
Consultant shall also be responsible for the accuracy of the calculations perfoimed on the Project.
e) Consultant along with the project team and subconsultants shall coordinate effoits of Project, monitor schedules and budgets, and administer the contract with City. f) Consultant shall be responsible for all piinting cost, reproduction, and binding of all related documents for the PROJECT unless stated otherwise herein. g) Consultant shall ftunish to City one copy each of in a flash drive in MS Word, AutoCad, and pdf foxmat for all repoits and drawings upon the completion of the PROJECT. h) Consultant shall provide a submittal schedule and revise/update as required due to changes. i) Prepare monthly progress repoits summaiizing tlie actual work perfoxmed; project issues, and status of the project schedule and budget. The repoit shall be submitted with each InVOlCe.
j) Consultant shall include in the engineeiing fee the time and costs of meetings with the City and other goveintnental/permit agencies required to establish an orderly development of the shidy.
k Consultant shall record the minutes of all and shall submit a the City within five (5) working days after each meeting. of the
TASK N0. 2 - DATA COLLECTION AND REVIEW
The consultant sltall review City well infortnation, water quality testing, distribution operating system, and meet with City management and field staff to obtain full understanding of treatment and operational needs. Additional review needs may include the following:
a) 2015 Urban Water Management Plan
b) 2019 Water System Master Plan
c) Consumer Confidence Reports
d) Public Health Goals Repoits
e) Groundwater wells and water quality data
Exhibit A- Scope Water A-15
30 38
f) Geographical information system (GIS) data and mapping g) Water production data
li) Water consumption data
i) Monthly customer billing
j) Supervisoiy control and data acquisition (SCADA) controls.
TASK N0. 3 - TREATMENT SYSTEMS EVALUATION
Evaluation of treatment methods shall include the following testing of contaminant and process viability:
a) Bench-scale Testing with GAC or Ion Exchange (if selected). b) Rapid small-scale column testing (RSSCT) witli GAC or Ion Excliange products to suppoit lifecycle cost comparative assessments with equipment pre-procurement. Budget for up to four columns to be run independently of suppliers. c) Compare treatn'ient options for tlie proposed treatment process. d) Compare operation and maintenance parameters for treatment options.
Design criteria
a) Final process and discipline design criteria.
b) Treated water quality evaluation.
Discipline design (30%)
a) Describe enviroiunental coinpliance.
b) Site/civil facility layout for treatinent options in park(s). c) Building, stiuctural, equipment needs.
d) Bxpanding and blending facilities in park environment. Space n'iay be limited for treatment plant.
f) Prepare flow diagrams.
g) Mechanical piping and system connections.
h) Electrical and instrumentation systems.
i) Power demand for treatment system.
j) SCADA integration.
k) Operation and maintenance issues.
TASK N0. 4 -EVALUATE ALTERNATES TO PFAS TREATMENT 1) Evaluation of alternates to treatment shall include the following:
a) Proposed Well No. 30 at Hatvkins Reservoir site. b) Replace standby Well No. 13 in the South Gate Park. c) Diilling well(s) in a new location away from PFAS contamination on the west side.
Exhibit A- Scope Water A-16
39 TASK N0. 5 - DESCRIBE REQUIREMENTS FOR LONG TERM MWD WATER USE l) Describe the following for documentation requirement:
a) Conversion of the City water system disinfection to chloramination to be compatible with MWD.
b) Isolate the eastern half of the City to accominodate conversion to chloramination. c) Construction of conveyance mains.
d) Briefly describe in the repoit the water quality issues such as disinfection with chlorination vs. chloramination, fluoridization, etc.
TASK N0. 5 -PERMIT REQUIREMENTS
The permits requirements shall briefly address following:
a) Amended water supply perinit for DDW.
b) Los Angeles County Sanitation for waste discharge peimit. c) AQMD Permits.
d) Environinental permitting.
e) Any otlier applicable peimits
TASK N0. 6 - PRELIMINARY COST ESTIMATES
Prepare following cost altematives for treatment and impoited water option for comparison:
a) Capital costs for treatment alternatives and facility conshuction. City may require phasingout cost for near term, medium teim (5-year), and long term. b) O&M costs for treatment and a water a a
Replenishrnent Assessment for ground water and costs for imported water. c) Recuirent permit fees.
d) Prepare surnrnary tables for comparison.
TASK N0. 7 - PREPARE STUDY REPORT
Capital Improvement Program
Based on the study, system evaluation, develop a prioritized list of near terin, five-year, and ultimate capital improvement projects along with cost estimates. Provide a detailed description of the assumptions, including unit costs, and all contingencies used to estimate planning, design, and constiuction support effoit costs desciibed in t's repoit. Develop short-teim and long-teim improvements, including costs, priorities, and completion dates of necessaiy improvements.
Repoit Preparation
Exhibit A- Scope Water A-17
32- 40
a) Prepare exhibits and maps tliat delineate proposed modifications or improvements. b) Prepare drajt report and respond to con'u'nents. c) Prepare final repoit incoiyorating all con'iments into tlie repoit. d) Include recommendations on the next steps.
TASK N0. 8 - DELIVERABLES
a) All findings and new cost-effective recommendations shall be included in the repoit. An executive summaiy describing tlie project and the methodology of validating the repoit shall be included in the repoit.
* Final Study Report
* Bench-scale Testing Report
b) Tlie City shall review the report when it is 50% complete and 95% complete. c) Prepare a comprehensive written repoit desciibing the work performed, findings and recommendations. The consultant sliall submit five (5) copies of tlie draft repoit for the City to review. The consultant shall make a presentation of the draft repoit to the City.
After the City has reviewed tlte draft repoit, the consultant shall meet with the City to discuss coininents, modifications, and revisions. The consultant shall incorporate the City's comments into the final repoit.
d) The Consultant shall submit six (6) bound copies of the final repoit and an electroi'iic file to the City including all color maps and exhibits. The Consultant sliall also provide a digital copy of the final repoit in PDF foimat.
e) Tlie consultant shall hold a meeting at the City staff to present the final repoit, explain the details of the ent and content.
f) Prepare, make or attend at least two (2) presentations, as needed, at public worksliops or City Council meetings, and respond to coininents. Additional copies of the repoits for meeting attendees shall be the Consultant's responsibility.
TASK B: OPTIONAL TASKS
Tlie following are optional items of work, and City reserves tlie tight to exercise its option to delete or proceed with these items. These tasks shall not be staited without wiitten authoiization from the City.
TASK N0. 9 - TREATMENT SYSTEM {JPGRADES FORI-4 DIOXANE REMOVAJ, This optional task involves if the City decides to include the removal of 1-4 Dioxane as pait of the treatment system.
Exhibit A- Scope Water A-18
41 VIII. CITY RESPONSIBILITIES
a) Ptovide project management. Assign a City Project Manager to act as the project focal point.
b) Provide or make available upon request, repoits, drawings, specifications, GIS land base maps (hard copy only), available contour survey maps for the project area, City standard specifications, records and other data deemed useful for project development. c) Administer a@eement and make payments to Consultant, d) Pennit fees required for the project.
IX. MISCELLANEOUS
a) All plans and other documents prepared by Consultant on behalf of City shall become the sole propeity of City.
b) All engineering designs and calculations shall be based on design standards adopted by City.
Exhibit A- Scope Water A-19
42 EXHIBIT B
FEE SCHEDULE
DeiiilpUon
l'mihtl Mrnx4xi )tnloi (nJntti M$tl nitii 0ii%n (n41iitti Anmlnhlihllini InpHon lmy N. l! S}W Ilily::tlr !XO Hil' aittlltl Hm Nrla 11)f Htlyllileil)(l W 11ri W} Hii W}4ki Wl Ilii
TASK A-NON-OPTIONALWORK
1: General Admlnlstratlon and Meetlngs 8 2,080 8 2,000 8 1,480 o o 4 480 I " ' 100 28 6,140 2: Data Collection and Revlew 2 520 4 1,000 2 370 8 1,000 2 240 50 18 3,180 3: TieatmenjSystemiEvaluailon 8 2,080 40 10,000 80 14,800 200 25,000 8 960 28,400 336 81,240 4: Evaluate Altematlve to PFAS Treatment 4 1,040 8 2,00CI 40 7,400 40 5,000 2 240 50 ga IS,730 S - Deicrlbe Requkennents for Long Team MWD Water use 2 520 4 1,000 8 1,480 12 1,500 1 120 o 27 4,620 6: l'eimlt Requlrementi 2 520 4 1,000 8 1,480 o o 2 240 i o 16 3,240 7: Ptellmlnanl Cost Estimates 4 1,040 8 2,000 24 4,440 40 5,000 8 gso 100 84 13,540 8: Prepare Study Report 8 2,080 8 2,000 24 4,440 40 5,000 8 960 I 100 88 14,580 9i Dellvetables 2 520 2 500 2 370 2 250 2 240 I 450 10 2,330 TASK B-OPTIONAt WORK i,
10: Treatment System Upgiadei for 14 Dloxane Removal 2 520 8 2,000 40 7,400 80 10,000 4 480 o 134 20,400 Addltional Work Pnapoied by Coniultant
Total for NONOPTIONAL WOR)f 11 thru 91 40 10,400 86 21,500 196 36,260 342 42,750 37 4,440 2!1,250 701 144,600 Total for OIITIONAL WORK (Item 201 2 520 8 2,000 40 7,400 80 10,000 4 48CI o 134 20,400 TOTALALLWORK 42 10,920 94 23,500 236 43,660 422 52,750 41 4,920 29,250 835 165,000 Jr 43
DATE(MtAfDDiYVYY)
i2ti5i2020
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the Insurer will provide advice of cancellation (the "Advice") via e-mail to such Certificate Holders.
Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its ob!igations under this endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.
The following Definitions apply to this endorsement:
'1. First Named Insured means the Named Insured shown on the Declarations Page of this policy.
2. Insurer means the insurance company shown in the header on the Declarations Page of this policy.
All other terms, conditions and exclusions shall remain f'ie same.
45 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 POLICY NUMBER: WC 2540616-02 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN
CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE
ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS
POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 00 0313
(Ed. 4-84)
@ 1983 Natlonal Council on CompensaUon Insurance.
3T 46
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B POLICY NUMBER: WC 2540616-02 (Ed. 8-14)
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
The premium for this endorsement is shown in the Schedule.
1. ( € ) SpecificWaiver
Name of person or organization
Schedule
([g) BlanketWaiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
2. Operations:
ALL
WRITTEN CONTRACT
PRIOR TO THE ACCIDENT
BE
THAT
PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY
OR AGREEMENT WITH THE INSURED, EXECUTED
OR LOSS, THAT WAIVER OF SUBROGATION
PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR PERSON AND/OR ORGANIZATION.
3. Premium:
The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.
4. Advance Premium:
WC 42 03 04 B
(Ed. 6-14)
@ Copyright 2014 National Council on Compensation Insurance, Inc.. All Rights Reserved. ..;3f 47
WORKEFIS COMPENSATION AND EMPLOYEFIS LIABILITY INSURANCE POLICY POLICY NUMBER: WC 2540616-02
WC 43 03 05
(Ed. 7-00)
UTAH WAIVER OF SUBROGATION ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A. of the Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties.
Schedule
ALL P)RSONS MD/OR ORGANIZATIONS THAT ARE REQUIRED BY WR:CTTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED
PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION
BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZAffON.
WC 43 03 05
(Ed. 7-00)
C. 2000 National Courtcll on Compensation Insurance, Inc. 40 48
Blanket Notification to Others of Cancellation
or Non-Renewal
ZURICH
Policy No. Eff. Date of Pol. Exp. Date of Pol. EfT. Date oT End. Producer No. Add'l. Prem Return Prem.
BAP 1857085-02 10/01/2020 10/01/2021 75272000 INCL
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial Autom:ibiki Coverage Part
A If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list:
1. Must be provided to us prior to cancellation or non-renewal;
2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and
3, Must be in an electronic format that is acceptable to us.
B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to thefirst Named Insured. We will mail or deliver such notification to each person or organization shown in the list:
1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or
2. At least 30 days prior to the effective date of:
b. Non-renewal, but not including conditional notice of renewal.
C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not:
1. Extend the Coverage Part cancellation or non-renewal date;
2. Negate the cancellation or non-renewal; or
3. Provide any additional insurance that would not have been provided in the absence of this endorsement.
D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A and B. of this endorsement.
All other terms and conditions of this policy remain unchanged.
Includescopyrigmed materlal ol Insurance Services 0111t,e, Inc., withils permission.
U-CA-832-A CW (01 / 13)
49 Blanket Notification to Others of Cancellation
or Non-Renewal
ZURICH
Policy No Eff Date ola Pol. Exp. Date ol'Pol Eff Date or lEnd Producer No. Add'l Prcin Reltirn Prcin GLO 1817406-02 10/01/2020 10/01/2021 75272000 INCL
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list:
t Must be provided to us prior to cancellation or non-renewal;
2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and
3. Must be in an electronic format that is acceptable to us.
B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list:
1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or
2. At least 30 days prior to the effective date of:
a. anyreason premium;Or
b. Non-renewal, but not including conditional no!ice of renewal.
C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not:
1 , Extend the Coverage Part cancellation or non-renewal date;
2. Negate the cancellation or non-renewal; or
3. Provide any additional insurance that would not have been provided in the absence of this endorsement.
D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement.
All other terms and conditions of this policy remain unchanged.
Includes copyrighted material oflnsurance Services Office, Inc.. with its permission.
U-GL-1521-A CW (10/12)
4-Z 50
POLICY NUMBER: BAP 1857085-02 COMMERCIAL AUTO
CA 20 48 1013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured:
Endorsement Effective Date:
SCHEDULE
Name Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO
PROVIDE ADDITIONAL INSURED ST ATUS OR ADDITIONAL INSURED ST ATUS ON A
PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN
AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision
contained in Paragraph 4.1. of Section II - Covered
Autos Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms and Paragraph D.2. of
Section I - Covered Autos Coverages of the Auto
Dealers Coverage Form.
CA 20 48 1013 @ Insurance Services Office, Inc., 2011 Page 1 of 1 '13 51
POLICYNUMBER: BAP 1857085-02 COMMERCIAL AUTO
CA20701013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COVERAGE FOR CERT AIN OPERATIONS
IN CONNECTION WITH RAILROADS
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CAFIRIERS CO\/ERAGE FORM
With respect to coverage provided under this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on theinception date of the policy unless another date is indicated below.
Named Insured:
Endorsement Effediw Date:
SCHEDULE
Scheduled Railroad Designated Job Site
ALL CONTRACTORS FOR WORK DONE FOR
RAILROADS
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
With respect to the use of a covered "auto" in
operations for or affecting a railroad designated in the Schedule at a Designated Job Site, the two exceptions contained in the definition of 'Insured contract"
relating to construction or demolition operations
performed within 50 feet of a railroad do not apply.
CA 20 70 10 13 @ Insurance Services Office, Inc., 2011 Page 1 of 1 44 52
Additional Insured - Owners, Lessees Or Contractors Ongoing Operations - Scheduled
ZURICH
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'l. Prem Return Prem.
GLO 1817406-02 1 0/01 /2020 10/01/2021 10/01/2020 75272000 N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
SCHEDULE
Name of Person or Organization: Location and Description of Ongoing Operations:
Additional
Premium:
Any person or organization to whom or to which you are required to provide additional insured status in a written contract or written agreement executed prior to the loss, except where such contract or agreement is prohibited by law.
Any location or project, other than a wrap-up or other consolidated Insurance program locatlon or project for whk:h insurance is otherwise separately provided to you by a wrap-up or other consolidate Insurance
program.
N/A
A. Section II - Who Is An Insured is amended to include as an insured any person or organization shown in the Schedule of this endorsement, but only with respect to liability arising out of your ongoing operations performed for that insured at or from the corresponding location designated and described in the Schedule.
However, if you have entered into a construction contract with an additional insured person or organization shown in the Schedule of this endorsement, the insurance afforded to such additional insured only applies to the extent permitted by law.
insurance any
following additional exclusion applies:
in the Schedule of this endorsement, the
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
All other terms and conditions of this policy remain unchanged.
U-GL-1465-D CW (12-13)
Includes copyrighted material of Insurance Services Office, Inc., wilh its pemilssion. 53 Additional Insured - Owners, Lessees Or Contractors Completed Operations - Scheduled
ZURICH
Policy No. Eff. Date of Pol. Exp. Date of Pot. Eff. Date of End. Producer No. Add'l. Prem Return Prem.
GLO 1a17406-02 10/01/2020 10/01/2021 1 0/01/2020 75272000 N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
SCHEDULE
Name of Person or Organization: Location and Description of Completed Operations:
Additional
Premium:
Any person or organization to whom or to which you are required to provide addltlonal insured status In a written contract or written agreement executed prlor to the loss, except where such contract or agreement is prohibited by law.
Any location or project, other than a wrap-up or other i consolldated 1nsurance program location or project for which Insurance Is otherwise separately provided to you by a wrap-up or other consolidate insurance
program.
N/A
Section II - Who Is An Insured is amended to include as an insured any person or organization shown in the Schedule of this endorsement, but only with respect to liability arising out of "your work" at or from the corresponding location designated and described in the Schedule performed for that insured and included in the "products-completed operations hazard".
However, if you have entered into a construction contract with an additional insured person or organization shown in the Schedule of this endorsement, the insurance afforded to such additional insured on to the extent All other terms and conditions of this policy remain unchanged.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Ll-GL-1466-D CW (12-13)
4(r 54
POLICYNUMBER: GLO 1817406-02 COMMERCIAL GENERAL LIABILITY CG 24 1710 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ff CAREFULLY.
CONTRACTUAL LIABILITY RAILROADS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILIIY COVERAGE PART
SCHEDULE
Sdiedukid Railroad Designated Job Site:
L CONTRACTS FOR WORK DONE FOR
ILROADS AS REQUIRED BY WRITTEN
ONTRACT
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
With respect to operations performed for, or affecting, a Scheduled Railroad at a Designated Job Site, the
definition of "insured contract" in the Definitions sec- tion is replaced by the following:
9. "Insured Contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or or-
ganization for damage by fire to premises while
Paragraph f. does not include that part of any
contract or agreement:
(1) That indemnifies an architect, engineer or
surveyor for injury or damage arising out
of:
(a) Preparing, approving or failing to pre-
pare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and specifi-
with permission of the owner is not an "insured
contract";
b. A sidetrack agreement;
c, Any easement or license agreement;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an in-
demnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for 'bodily injury" or "property
damage" to a third person or organization. Tort
liability means a liability that would be imposed
by law in the absence of any contract or
agreement.
(b) Giving directions or instructions, or
failing to give them, if that is the primary
cause of the injury or damage;
(2) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the in-
sured's rendering or failure to render pro-
fessional services, including those listed in
Paragraph (1) above and supervisory, in-
spection, architectural or engineering activi-
ties.
CG 24 1710 01 @ 150 Properties, Inc., 2000 Page 1 of 1 [] 4;?- 55
POLICY NUMBER: GLO 1817406-02 COMMERCIAL GENERAL LIABILITY CG 25 03 os og
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following :
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Project(s):
A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE
THE NAMED INSURED IS PERFORMING OPERATIONS, HOWEVER, A GENERAL
AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE
NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A, For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under Section l- Coverage A, and
for all medical expenses caused by accidents
under Section I- Coverage C, which can be
attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:
General Aggregate Limit applies to each
designated construction project, and that limit
is equal to the amount of the General
Aggregate Limit shown in the Declarations.
2. The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under Coverage A, except
damages because of 'bodily injury" or
"property damage" included in the "products-
completed operations hazard", and for
medical expenses under Coverage C
regardless of the number of:
3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated
Construction Project General Aggregate Limit
for that designated construction project. Such
payments shall not reduce the General
Aggregate Limit shown in the Declarations nor
shall they reduce any other Designated
Construction Project General Aggregate Limit
any construction project
shown in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.
However, instead of being subject to the
General Aggregate Limit shown in the
Declarations, such limits will be subject to the
applicable Designated Construction Project
General Aggregate Limit.
a. Insureds;
b. Claims made or "suits" brought; or
c, Persons or organizations making claims or
bringing "suits".
CG 25 03 os og @ Insurance Services Office, Inc., 2008 Page 1 of 2 0 4Y 56
B. For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under Section I -Coverage A, and
for all medical expenses caused by accidents
under Section l- Coverage C, which cannot be
attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:
1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-completed Operations Aggregate
Limit, whichever is applicable; and
2, Such payments shall not reduce any
Designated Construction Project General
Aggregate Limit.
C. When coverage for liability arising out of the "products-completed operations hazard" is
provided, any payments for damages because of
'bodily injury" or "property damage" included in
the "products-completed operations hazard" will
reduce the Products-completed Operations
Aggregate Limit, and not reduce the General
Aggregate Limit nor the Designated Construction
Project General Aggregate Limit.
D. If the applicable designated construction project has been abandoned, delayed, or abandoned
and then restarted, or if the authorized
contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project
will still be deemed to be the same construction
project.
E. The provisions of Section Ill - Limits Of
Insurance not otherwise modified by this
endorsement shall continue to apply as
stipulated.
fl 57
POLICY NUMBER: GLO 1817406-02 COMMEFtCIAL GENERAL LIABLITI C($25 04 0S 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rT CAREFULLY.
DESIGNATED LOCATION(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following :
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Lo>tion(s):
EACH LOCATION, OTHER THAN CONSTRUCTION PROJECTS, OCCUPIED BY THE
NAMED INSURED
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under Section I- Coverage A, and
for all medical expenses caused by accidents
under Section I- Coverage C, which can be
attributed only to operations at a single
designated "location" shown in the Schedule
above:
1, A separate Designated Location General
Aggregate Limit applies to each designated
"location", and that limit is equal to the amount of the General Aggregate Limit shown in the
Declarations.
2. The Designated Location General Aggregate
is we pay sum
damages under Coverage A, except damages
because of "bodily injury" or "property
damage" included in the "products-completed
operations hazard", and for medical expenses
under Coverage C regardless of the number
of:
a. Insureds;
b, Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated
Location General Aggregate Limit for that
designated "location". Such payments shall
not reduce the General Aggregate Limit
shown in the Declarations nor shall they
reduce any other Designated Location
General Aggregate Limit for any other
designated 'location" shown in the Schedule
above.
4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.
However, instead of being subject to the
General Aggregate Limit shown in the
Declarations, such limits will be subject to the
applicable Designated Location General
Aggregate Limit.
CG 25 04 os og @ Insurance Services Office, Inc., 2008 Page 1 of 2 € 58 B. For all sums which the insured becomes legally obligated to pay as damages caused by
"occurrences" under Section l- Coverage A, and
for all medical expenses caused by accidents
under Section l- Coverage C, which cannot be
attributed only to operations at a single
designated "location" shown in the Schedule
above:
1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-completed Operations Aggregate
Limit, whichever is applicable; and
2. Such payments shall not reduce any
Designated Location General Aggregate Limit.
C. When coverage for liability arising out of the
"products-completed operations hazard" is
provided, any payments for damages because of
'bodily injury" or "property damage" included in
the "products-completed operations hazard" will
reduce the Products-completed Operations
Aggregate Limit, and not reduce the General
Aggregate Limit nor the Designated Location
General Aggregate Limit.
D. For the purposes of this endorsement, the
Definitions Section is amended by the addition of
the following definition:
"Location" means premises involving the same or
connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway
or right-of-way of a railroad.
E. The provisions of Section Ill - Limits Of
Insurance not otherwise modified by this
endorsement shall continue to apply as
stipulated.
5/ 59
Other Insurance Amendment - Primary And Non-
Contributory ZURICH
Policy No. Eff. Date of Pot. Exp. Date of Pol. Eff. Date of End. Producer No. Add'l. Prem Return Prem.
GLO 1817408-02 10/01/2020 10/01/2021 10/01/2020 75272000 N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured:
Address (including ZIP Code):
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
1. The following paragraph is added to the Other Insurance Condition of Section IV - Commercial General Liability Conditions:
This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that:
a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV - Commercial General Liability Conditions:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis.
All other terms and conditions of this policy remain unchanged.
U-GL-1327-B CW (04/13)
Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
J2 60
WOFIKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Wc 99 06 43
BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy.
PART SIX
CONDITIONS
Blanket NotHimtion to Others of Canoellation or Nonrenewal
1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list:
a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and
c. Must be in an electronic format that is acceptable to us.
2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list:
a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or
b. At least 30 days prior to the effective date of:
(1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non-renewal, but not including conditional notice of renewal.
3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only.
Our failure to provide such mailing or delivery will not:
b. Negate the cancellation or non-renewal; or
c. Provide any additional insurance that would not have been provided in the absence of this endorsement.
4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as describedin Paragraphs 4. and 2. above.
All other terms and conditions of this policy remain unchanged.
This endorsemem changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the poliq.) Endorsement Effective
Insured
Policy No.
WC 1857087-02
Endorsement No.
Premium $
Insurance Company
ZURICH AMERICAN INSURANCE COMPANY
wc gg os 43
(Ed. 01-13) Includes copyright malerial of the Naflonal Council on Compensation Insurance, Inc. used wlthils permission. @ 2012 Copyright National Councll on Compensation Insurance, Inc. All Rghls Reserved.
33 61
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY POLICY NUMBER: WC 1857087-02
WC 00 03 13
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN
CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE
ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS
POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 00 03 13
(Ed. 4-84)
@ 1H3 National Councll on Companaatlon Inaumnc*.
62 €lIYMANAaER'S OFFICE
=jUL 0 8 2022
5 o : ["l (y+ Ciffl of South Gate
CITY COUNCIL
Item No. 2
AGENDA IBTLL
For the Regular Meeting of: July 12, 2022
Public Works
SUBJECT: AMENDMENT N0. 3 TO CONTRACT N0. 3333 BIGGS CARDOSA ASSOCIATES, INC., FOR A TIME EXTENSION TO COMPLETE ENVIRONMENT AL STUDY AND PROJECT REPORT ON THE I-710/FIRESTONE SOUTHBOUND ON-RAMP MODIFICATION PROJECT, FEDERAL PROJECT NO.
HP21L-5257 (036), CITY PROJECT N0. 354-ST
PURPOSE: Biggs Cardosa Associates, Inc., ("BCA") is under contract to prepare the Project Approval and Environmental Documents ("PA&ED") for the I-710/Firestone Southbound On- ramp Modification Project ("On-Ramp Project"). The contract term expires on June 30, 2022.
Amendment No. 3 extends the term through December 31, 2022, to provide time to complete the environmental documents and obtain California Department of Transportation ("Caltrans") approval, at no additional cost.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 3 to Contract No. 3333 with BCA to extend the contract term to December 30, 2022, to provide additional time to complete the preparation of the environmental documents and obtain Caltrans' approval for the I-710/Firestone Southbound On-Ramp Modification Project, City Project No. 354-ST, at no additional cost; and
Authorizing the Mayor to execute Amendment No. 3 in a form acceptable to the City Attorney.
b.
FISCAL IMPACT: None. Services will be completed within the approved contract budget.
ANALYSIS: None.
BACKGROUND: The On-Ramp Project is a part of the Capital Improvement Program. It is the second phase of a project that is being implemented to improve traffic flow and reduce traffic congestion. Service levels are expected to increase from Level of Service ("LOS") D to LOS C, and delays are projected to be reduced by as much as 20 seconds per vehicle trip daily, by 2040.
The project entails re-aligning and widening the I-710 Freeway/Firestone Boulevard Southbound on-ramp to align to the widened Firestone Boulevard Bridge at the Los Angeles River. 63 On June 13, 2017, the City Council approved Contract No. 3333 with BCA to prepare and design the environmental documents for the On-ramp Project in the amount of $750,000. Subsequently, BCA notified the City that they were unable to secure approval from Caltrans for the proposed on-ramp alignment. In response, BCA developed a new project design concept capable of reducing construction costs by an estimated $4 million. BCA and the Public Works Department agreed that this warranted a change in direction. On December 8, 2020, the City Council approved Amendment No. 1 in the amount of $99,268. This amendment was necessary for the modified scope of work and funding to complete the PA&ED for the revised project concept.
Additionally, on January 11, 2022, the City Council approved Amendment No. 2 with BCA to continue to work on the PA&ED documents at no additional cost to the City.
Work on the PA&ED began in December of 2020 and was scheduled to be completed in June 2021. The On-Ramp Project requires approval from Caltrans; however, some of the design approval is taking longer than anticipated due to technical challenges and Caltrans requirements; therefore, additional time is needed to complete the PA&ED.
Amendment No. 3 extends the term through December 31, 2022, to provide time to complete the environmental documents and obtain California Department of Transportation ("Caltrans") approval. Services will be completed within the approved budget and additional compensation is not being requested.
Regarding the schedule for completion, the draft environmental documents have been completed.
The documents are undergoing the Caltrans review process. Caltrans has issued comments and the documents have been submitted three times. Staff anticipates Caltrans' approval in 30 to 45 days, after which the environmental checklist will be submitted for final sign-off.
ATT ACHMENTS: A. Proposed Amendment No. 3 (including Exhibit A) B. Contract Amendment No. 2
C. Contract Amendment No. I
D. Contract No. 3333
ES:lc
2 64
Amendment No. 3
ContractNo. 3333
AMENDMENT N0. 3 TO CONTRACT N0. 3333 EXTENDING THE TERM
OF AGREEMENT BETWEEN THE CITY OF SOUTH GATE AND BIGGS
CARDOSA ASSOCIATES TO COMPLETE THE PREPARATION OF THE
ENVIRONMENTAL DOCUMENTS AND OBTAIN CALTRANS'
APPROV AL FOR THE FIRESTONE BOULEV ARD SOUTHBOUND I-710 ON-RAMP, FEDERAL PROJECT NO. HP21L-5257 (036), CITY PROJECT N0. 354-ST
This Amendment No. 3 to Contract No. 3333 for Professional Services ("Amendment No. 3") is made and entered into on July 12, 2022, by and between the City of South Gate, a municipal corporation ("City"), and Biggs Cardosa Associates, a California corporation ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, on June 17, 2017, the City Council approved Contract No. 3333 with Contractor ("Agreement") for design services for the Firestone Boulevard Southbound I-710 0n- Ramp, Federal Project No. HP21L-5257 (036), City Project No. 354-ST,, WHEREAS, on December 8, 2020, the City Council approved Amendment No. I to Contact No. 3333 for design services for the Firestone Boulevard Southbound I-710 0n-Ramp, Federal Project No. HP21L-5257 (036), City Project No. 354-ST for a one-year term through and including December 8, 2021, in the amount of Ninety-Nine Thousand Two Hundred Sixty-Eight Dollars ($99,268), bringing the aggregate total of the Agreement and Amendment No. I to Eight Hundred Forty-Nine Thousand Two Hundred Sixty-Eight Dollars ($849,268); and WHEREAS, on January 11, 2022, the City Council approved Amendment No. 2 to Contract No. 3333 to extend the term of the contract through June 30, 2022, to continue work on the PA&ED documents at no additional cost to the City; and WHEREAS, the City and Contractor desire to execute Amendment No. 3 extending the term of the Agreement for an additional 6-months through and including December 31, 2022, for services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, at no additional cost to the City.
NOW, THEREFORE, the parties hereby agree as follows:
1. TERM OF AGREEMENT
The term of the Agreement shall be extended from June 30, 2022, through and including December 30, 2022, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided in the Agreement.
2. COMPENSATION
Services shall be completed within the existing amount provided for in the Agreement. No
65 Amendment No. 3
Contract No. 3333
additional compensation is hereby authorized.
EFFECT OF AMENDMENTS
Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section 1 above. Furthermore, City reserves the right to augment or reduce the scope of work as City deems necessary.
IN WITNESS WHEREOF, the Parties hereto have caused this AmendmentNo. 3 to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
BY:
Al Rios, Mayor
Date:
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAI,)
APPROVED AS TO FORM:
BY: L-.1,d>@
Raul F. Salinas, City Attorney
BIGGS CARDOSA ASSOCIATES:
BY:
Name, Title
Date:
4 66
EXHIBIT A
E11CIC18 Chnnnqn
/lQQnf:aulff-!i INC
EiTFlLICTuF"IAL ENGINEEF-'=,
5(10 S. Main Street, E3te. I a[l
Orange, CA E19BBB-4507
Telepl'ione 7'i 4.55C].4BB5 Date: June 17, 2022
JobNo: 2017170
City of South Gate
8650 California Avenue
South Gate, CA 90280
Attn: Elias Saikaly
Re: I-710 / Firestone Blvd Southbound Onramp Modification Project Contract No. 3333 / Amendment No. 3
Contract Time Extension
Dear Mr Saikaly,
The current contract (No. 3333) between Biggs Cardosa Associates, Inc. and the City of South Gate is due to expire at the close of business on June 30, 2022. The purpose of this letter is to request an extension to the term of the agreement.
At tliis time, we are requesting an extension to complete the PA&ED phase of the project. We propose a third amendment to the contract that specifically extends the term of agreement through December 31, 2022. No additional compensation is being requested.
If you have any questions, do not hesitate to give me a call.
Regards,
BIGGS C SA ASSOCIATES, INC.
J Leimberger, PE
Senior Engineer
67 Amendment No. 2
Contract No. 3333
AMENDMENT N0. 2 TO CONTRACT N0. 3333 FOR PROFESSIONAL SERVICJS WITH BIGGS CARDOSA ASSOCIATES CITY PROJECT NO. 354-ST
This Amendment No. 2 to Contract No. 3333 for Professional Services ("Amendment No. 2") is made and entered into on January 11, 2022, by and between the City of South Gate, a municipal corporation ("City"), and Biggs Cardosa Associates, a California corporation ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS:
WHEREAS, on June 17, 2017, the City Council approved Contract No. 3333 with Contractor for design services for the Firestone Boulevard Southbound I-710 0n-Ramp, Federal Project No, HP21L-5257 (036), City Project No. 354-ST; WHEREAS, on December 8, 2020, the City Council approved Contract Amendment No. l with Contractor ("Agreement ") for design services for the Firestone Boulevard Southbound I- 710 0n-Ramp, Federal Project No. HP21L-5257 (036), City Project No. 354-ST for a one-year term through and including December 8, 2021, in the amount of Ninety-Nine Thousand Two Hundred Sixty-Eight Dollars ($99,268), bringing the aggregate total of the Agreement and Amendment No. 1 to a total sum of Eight Hundred Forty-Nine Thousand Two Hundred Sixty- Eight Dollars ($849,268); and
WHEREAS, the City and Contractor/Consultant desire to execute Amendment No. 2 extending the term of the Agreement for an additional 6-month term through and including June 30, 2022, for services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, at no additional cost to the City.
NOW, THEREFORF,, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. TERM OF AGREEMENT
The term of the Agreement shall be extended from December 8, 2021 through and including June 30, 2022, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided in the Agreement.
2. COMPENSATION
The amount of compensation paid by City to Contractor for the work identified in Exhibit "A" shall not exceed Zero Dollars and Zero Cents ($0.00).
3. EFFECT OF AMENDMENTS
Except as expressly amended herein, all otlier terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during tlie term of Agreement as extended by Section l above. Furthemnore, City reserves the right to augment or reduce the scope
68 Amendment No. 2
Contract No. 3333
of work as City deems necessaiy.
IN WITNESS WHEREOF, the Parties hereto have caused this AmendmentNo. 2 to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
Al Rios, Mayor
Dated: d/MA@8€
ATTEST:
By:
APPROVED AS TO FORM:
B7:
F. Salinas, City Attorney
CONSULT ANT:
BIGGS CARDOSA ASSOCjATES
BY:
Mi l Thomas, Principal
Date: January 19, 2022
69 EXHIBIT A
EllCaG3 C/llnnn!/!.
QQQnr'l/1TE6 Ij%j(,
STRUCTIJFIAL ENCilNEERS
Teilephone 7"l 4.55 € .4BB5 Date: November 29, 2021 Job No: 2017170
City of Soutli Gate
8650 California Avenue
South Gate, CA 90280
Attn: Elias Saikaly
Re: I-710/FirestoneBlvdSoutliboundOnrampModificationProject Contract No. 3333/Amendment No. l
Contract Time Extension
Dear Mr Saikaly,
The current contract (No. 3333 /Amendment No. l) between Biggs Cardosa Associates, Inc. and the City of South Gate is due to expire at the close of business on December 8, 2021. The purpose of this letter is to request an extension to tlie term of tl'ie agreement.
At this time, we are requesting an extension to complete tlie PA&ED phase of the project as described in Amendment No. 1. We propose a second amendment to tlie contract that specifically extends tlie term of agreement through June 30, 2022. No additional compensation is being requested.
If you have any questions, do not liesitate to give me a call.
Regards,
BIGGS C SA ASSOCIATES, INC.
J Leimberger, PE
Senior Engineer
70 Ainendinent No. 1
Contract No. 3333
AMENDMENT N0. 1 TO CONTRACT N0. 3333
FOR A NEW DESIGN CONCEPT FOR THE I-710/FIRESTONE SOUTHBOUND ON-RAMP MODIFICATION PROJECT, CITY PROJF,CT N0. 354-ST, BETWEEN THE CITY OF SOUTH GATE AND BIGGS CARDOSA ASSOCIATES, INC.
This Amendment No. I to Contract No. 3333 for a new design concept for the I- 710/Firestone Southbound On-ramp Modification Project ("Ainendinent No. l") is made and entered into on December 8, 2020, by and between the City of South Gate, a inunicipal corporation ("City"), and Biggs Cardosa Associates, Inc., a California corporation ("Contractor").
City and Contractor are sometii'nes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, on June 13, 2017, the City Council approved Contract No. 3333 with Contractor ("Agreement"') for design services for the Firestone Boulevard Southbound I-710 0n- Ramp, Federal Project No, HP21L-5257 (036), City Project No. 354-ST, in the amount of Seven Hundred Fiffy Thousand Dollars ($750,000);
WHEREAS, the original Agreement called for the Contractor to prepare the Project Assessment and Environmental Dociinent ("PA&ED") and plans, specifications and estimates ("PS&E") for the City's Firestone Boulevard Southbound I-710 0n-Rainp, Federal Project No.
HP21L-5257 (036) (City Project No. 354-ST) ("Project"); WHEREAS, Contractor expended approximately $368,746 on environmental and engineering work product necessary to prepare the PA&ED under the Proposed Scope and budget of the Agreement, as well as out of scope work. More specifically, the Contractor completed the following: (i) less than 60% of the work product necessary to prepare the Draft PA&ED, (ii) a new project design concept which work was out of scope. Contractor did not prepare any work necessary towards the completion of the PS&E required under the scope of work of the Contract; WHEREAS, for various reasons, Caltrans did not approve the PA&ED produced by Contractor under the scope of work specified in the Agreement. Consequently, Contractor did not produce the PS&E documents required under the Proposed Scope specified in the Agreement; WHEREAS, Contractor has notified the City that Contractor has developed a new project design concept capable of achieving Caltrans approval and capable of reducing construction costs by approximately $4 Million ("New Project Concept"). Contractor utilized the services of Kimley- Horn and Associates to prepare the New Project Concept as described in the Scope of Work and Fee Proposal, attached liereto as Exhibit "A" and made a part to the Agreement, at a cost of approximately $40,000, which costs are included in the $368,746 and which work was not a part of the budget and Proposed Scope under the Agreement; Page l of4
71 Amendment No. I
Contract No. 3333
WHEREAS, the required scope of work of the PA&ED and PS&E for the New Project Concept cannot be prepared by Contractor within the existing contract Proposed Scope and remaining budget, wl'iich is approximately $381,254; WHEREAS, the City and Contractor agree to modify the Proposed Scope to eliminate the requirement for PS&E and provide the additional services to prepare tlie PA&ED for said New Project Concept which Contractor estimates will reduce construction costs by approximately $4 Million;
WHEREAS, Contractor requested to substitute the team of sub-consultants by adding Kiinley-Horn and Associates, Inc., as a sub-consultant and removing the sub-consultant Civil Works Engineers from the team;
WHERF,AS, Contractor cominits to the City that Contractor lias the needed qualifications, expertise and experience to prepare the PA&ED for the New Project Concept under the modified scope of work aiid budget in a manner that will achieve approval from Caltrans. Contractor commits that it has undertaken all ineasures necessary to develop a scope of work and modified fee proposal for the PA&ED to achieve approval froin Caltrans; and WHEREAS, the City and Contractor therefore desire to execute Amendment No. l (i) to extend the term of the Agreement through and including December 8, 2021, (ii) to increase the compensation payable to the Contractor in an amount not to exceed Ninety-Nine Tliousand Two Hundred Sixty-Eight Dollars ($99,268), for services identified in Exhibit "A" attached hereto, under the terins and conditions of tlie Agreeinent as originally approved on June 13, 2017 and modified by this Amendment No. 1, bringing the aggregate total of the Agreement and Amendinent No. I to a total sum of Eight Hundred Forty-Nine Thousand Two Hundred Sixty- Eight Dollars ($849,268), and (iii) to modify the Proposed Scope for the remaining duration ofthe term of the Agreement.
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. MOmFICATION TO AGREEMENT
a. SCOPE OF WORK. The Scope of Work to be performed by Contractor for the duration of the term of the Agreement shall be limited to that set forth in Exhibit "A" and incorporated herein by this reference.
b. TERM OFAGREF,MENT. This AmendmentNo. l shall remain in effect through and including December 8, 2021, unless otherwise expressly extended and agreed to by both Paities in writing, or terininated by either Party as provided in the Agreement.
/O 72
Amendment No. 1
Contract No. 3333
e. COMPENSATION. The amount of compensation paid by City to Contractor for the work identified in Exhibit "A" shall not exceed Ninety-Nine Thousand Two Hundred Sixty-Eight Dollars ($99,268). The total sum of the Agreement and Amendment No. l sball not exceed Eight Hundred Forty Nine Thousand Two Hundred Sixty Eight Dollars ($849,268).
EFFECT OF AMENDMENTS. Except as expressly amended herein, all other terms and conditions of Agreeraent as originally approved on June 13, 2017 shall remain in full force and effect, including without limitation the provisions of Sections 8 and 10 thereof as originally approved on June 13, 201 7. Furthermore, City reserves the right to augment or reduce the scope of work as City deems necessary. All capitalized terms used but not defined in this Amendment shall have the same meanings attributed to them in the Agreement.
[Remainder of page left blank intentionallyl
Page3of4
73 Amendinent No. l
Contract No. 3333
IN WITNESS WHEREOF, the Parties hereto have caused this Ai'nendment No. it o be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
Bv:4MarlaDavllla?ayOr
Dated: / - Q - ;3b z /
ATTESTED
Carmen Avalos, City Clerk
(SEAL) "'
APPROVED AS TO FORM:
BY:
I F. Salinas, City Attorney
BIGG8 CARDOSA IATES, INC:
Principal
Dated: December 14, 2020
74 Exhibit "A"
Proposal and Fee Proposal
75 Exhibit "A"
TO
AMENDMENT N0. 1 TO CONTRACT N0. 3333
Scope of Work and Fee Proposal
A. Project History and Basis for Biqqs Cardosa's oriqinal $750,000 budqet Biggs Cardosa first became informed about tbis ratnp Project wliile providing CM services for tlie City of South Gate on tlie widening of the Firestonc Blvd Bridge over the L.A. River. At one time, tlie bridge widening project included tlie realignment of tlie soutlibound I-710 on-ramp, but tlie City and Caltrans had decided to bifurcate and put on hold tlie work associated with the ramp due to uncertainties in thc ultimatc configuration of the I-710 Coiridor Project. Until t)ie ramp can be realigned, tlie widened section of tlie L.A. River bridge caimot be opened to traffic because tlie existing configuration of the ramp does not alignwith the new edge of travelway for Firestone Blvd.
In 2016, as conshuction of the L.A. River Bridge widening was wrapping up, tlie City asked Biggs Cardosa for a proposal to complete thc ramp Projcct. Tlie City rcpresented tliat, at the time the decision was made to bifurcate the design of tlie ramp from tl'ie L.A. River Bridge, tlie previous City consultant had almost finished the environmental docui'nent for the ramp, was in the process of closing orit outstanding comments with Caltrans, and had simultaneously advanced the PS&E final design of tlie ramp to approxin'iately a 95% level of completion.
On August 3, 2016, the City and Biggs Cardosa met with Caltrans to understand how much work remained on the ramp project-from tlie perspective of Caltrans. At tliat scoping meeting, Caltrans generally confinned what the City liad represented to Biggs Cardosa were the Project's status, level of completion acliieved by tlie previous consultant, and work remaining to be done.
Based on tl'iis understandmg of the Project, Biggs Cardosa submitted a cost proposal to the City to con'iplete tlie project for $750,000. The City l'iad already received price quotes for the essentially the same scope of work from two other parties, both of which were significantly highcr than Biggs Cardosa's Proposal. Tlie previous City consultant liad quoted $1,200,000', and Caltrans' quote was even liigher, at approximately $1,500,000'. The City accepted Biggs Cardosa's proposal, and awarded the contract.
After several momlis of working with tlie City and Caltrans to advance tlie Project, it became clear tliat the scope of work that formed the basis for Biggs Cardosa's budget was inadcquate. The work that had been done by the previous consultant was nowliere near the advertised level of completion, almost everything previously done needed to be redone, and it bccame clear tliat the Caltrans approval process would be mucli lengtliier and difficult tlian liad been represented at tlie Caltrans August 2016 scoping meeting. After alinost two years trying to navigate tlirough these unexpected challenges, Biggs Cardosa came to the conclusion that it needed to strcngthcn its Project tcan'i to better meet tliese cliallenges.
' Biggs Cardosa never sasv tliese cost proposals. T}ie figures quoted are approximate and were conmiunicated to tis by the City verbally in conversation. City to confinn. 76 Biggs Cardosa met witli tlie City to inform tliem of tlie situation, introduce tliem to tlie proposed new management structure centered on Bob Bhune from Kimley-Hony as Project Manager, andthen prepared a comprehcnsive Recovery Plan and Additional Services Request (ASR), whicli was presented to the City on January 30, 2020.
Over the next several montlis, Biggs Cardosa met several times with the City to discuss its proposed Recovery Plan and to negotiate tlie scope and cost of the proposed ASR. Tliroughout these negotiations, Biggs Cardosa submitted several iterations of its cost proposal. i(
77 B. Detailed Scope of Work
Task 1- Project Management
Tlie BCA team will provide tlie required project management to complete tlie remaining Project Approval and Environmental Document items for project approval. This will include coordination and meetings to resolve tlie outstandixig items idcntificd abovc to complete an approved SPR.
Task 2 - Supplemental Project Report and Environmental Revalidation To complete tlie Supplemental Project Report (SPR) and Environmental Revalidation (ER), several items need to be completed.
Witli tlie reconfiguration of tlie SB ramp, tlie new area of impacts was identified. Tliis includes the need to stage tJie constniction differently as originally anticipated. The following tasks are required to complcte the SPR and ER.
Task 2.1 - Preliminary Engtneering
This task generally involves tlie preparatioii of a Supplemental Project Report (SPR), preparation of a Design Standards Decision Document for Exceptions to Design Staxidards if necessary, utility coordination, gcometric dcvelopment, and other supporting documents as discussed below. Tasks include:
Task 2.1.1- Project Kickoff Meetinq/Data Collection This task is to complete a kickoff meeting witli the City and update data and inforination needed to complete the project.
Task 2.12 - Base Mappinq and Final Desiqn Surveys Field survey data has been obtained from our current surveyor. However, it is inissing conform information and PS&E level detail. Additional coordination and field pick up surveys are necessaiy to prepare tlie updated base map and complete design surveys to suppoit final design. Wc will coordinate the required Land Net with the surveyor per Caltrans request.
Task 2.1.3 - utility Location Plans and Coordination The scope originally included obtaining as-built maps, determining utility impacts (if any) and documenting in the Utility Information Shect of the Right of Way Data Slieet. No impact was anticipated and tlierefore, 110 tin'ie for modification/relocation plans or potholing was included. Tlie change on this task is to coordinate for the existing waterline and the required loxigitudinal encroachment exception. 78 Task 2.1.4 - Riqht of Way Constraints Mappinq
BCA will coordinate with t}ie right of way requirements and will coordinate final Land Net mapping requirements to adjust mapping to Caltrans required control.
We will coordinate the ramp alignment study and prepare alternatives of the new ramp location with the team to gain Caltrans approvals. This will include geometric and design exception approvals and include coordination witli tlie necessary retaining walls and studies related to the updated ramp alignment. We completed an evaluation of 4 staging options and stunmarized results for City and Caltrans review. If the recently proposed rainp revisions are accepted, the Ramp Closure Study will not be needed or included with the environmental revalidation scope of work.
Task 2.1.6 - Enqineerinq Reports
Tliis task inchides the work completed in updating tlie SWDR, R/W Data Slieets, TMP data sheets and other supporting documents to complete the Supplemental Project Report.
For the R/W Data Sheets, we will review the preliminary design plans to determine all right of way impacts and corresponding square footages associated witli botli properties. Due to the early phase for which these estimates will be provided, a conservative approach to potential impacts will be taken and we will identify potential costly right of way impacts. Tliis is important to maintaining a realistic understanding of potential costs going forward. Property values for these parcels will be estimated using traditionally accepted property valuation techniques for full and partial acquisitions, as well as permanent and temporary easement interests. Once a general understanding of market values is arrived at and applied to the subject properties, the cost study will estimate the probable values of land and any impacted improvements, as well as associated damages and cost-to-cure remediation costs, if applicable.
The Scope of Work necessary to complete the preliminary right of way cost estimate is as follows:
* Take an inventory of both affected properties within the project limits. @ Secure preliminary parcel information from online database sources and investigate current ownerships. Utilizing this information and Assessor's Roll information, determine other valuation considerations such as zoning, lot and building size, current usage, and other relevant factors. * Visually inspect eacli property (aerial and street-level views) and note tlie effects of all proposed acquisitions.
79 * Sort eacli propeity into product types to determiiie tlie set of real estate data to be researclied and create valuation data sets for eacli product type. * Preparc an estimate of the probablc cost of cacli permanent and temporaiy easement interests, including (for partial acquisitions) damages to the remaining parccl, using created data scts from various real cstatc value databases.
* Prepare an estimate of t)ie total services and incidental costs associated with each real estate acquisition program (appraisals, acquisition, title/escrow, etc.)
* Prepare tlie latest Caltrans Riglit of Way Data Sheet according to the Caltrans Right of Way Manual.
* Provide QA/QC of final work product, submit to clieiit aiid ot}ier Project Team members and respond to ixiquiries and provide responses to coxnments from Caltrans, City, and othcr Project Tcam me-mbcrs. @ It is assumed tliat costs provided for estimates and data slieets are for initial preparation only and do not include revisions based upon design change lSSueS.
Task 2.1.7 - Supplemental Project Report
Tliis task includes the coordination and updates to tlie Supplemental Project Report to include summarizing thc longitudinal encroachment exccption and other updates to the reports.
Task 2.1.8 - Environmental Document Reviews
This task includes the review of the environmental technical repoits, including the Initial Site Assessment (ISA) and coordinating tlie hazardous materials investigations.
Task 2.1.9 - Subsurface Explorations
Thistaskincludescoordinationofthehazardousmaterialstestingandupdates. There lias been significantly more coordination on tlie ISA, ADL, axid geoteclinical requirements witli Caltrans than was originally anticipated. We also coordinated regarding pavcmcnt design life and the traffic indcx. A Life Cycle Cost Analysis (LCCA) was not originally included. It is still not included ii'i this additional scope of work. This needs to be confirmed by Caltrans.
It was believed that the inonitoring wells information and recommendations would be provided to us, however we liad to obtain this inforination on our own. We anticipate farther coordination with Andeavor (now Marathon Petroleum) and CaltrariswillbenecessaryduringPS&E. Weproposedmaintenancevehiclepullouts 80 (MVP) to access these wells and those will nced to be added to our PS&E in the construction details. This is anotlier item tliat will need close coordination witli Caltrans. If the new alignment is accepted, there will be no in'ipacts to the existing monitoring WOIIS.
Task 2.2 - Environmental Revalidatton
Tlie following proposed scope of work is to complete the environmental revalidatioii.
Task 2.2.'l - Update Technical Studies
Due to the scheduled time lapse, the following technical studies were completed, but need to be updated to support tlie Reevaluation/Addendum:
* Biological Resources Constraints Analysis Report * Visual Impact Memorandum
* Water Quality Technical Memorandum
* Historical Properties Survey Report and Archaeologtcal Study Report Memorandum
* Air Quality Study Report Memorandum
* Noise Shidy Report Memorandum
Task 2.2.2 - Initial Site Assessment (ISA)
Site Investigations
As stated on our original proposal and based on discussions with Caltrans during our initial scoping meeting, we had assumed that no additional site investigations would be required. However, Caltrans is instead requiring that new site investigations be completed per tlie new Caltrans District 7 Environmental Protocol, Procedure, and Deliverable Requirements dated May 23, 2016.
The following pre-field activities are proposed as part of the Site Investigatioxis. * Prior to start of the project, we will prepare a comprehensive Site Investigation work plan includirig a liealtli and safety plait (HASP) for tlie Project. The work plan will be submitted to and approved by Caltrans prior to start of the field work.
* We will obtain an encroachment permit to perform work within public ROW at thc Site. We assume that we will be performing this work under a parent permit issued for tlie project and tliat pennitting fees will be waived. @ We will mark exploration locations and notify Underground Service Alert (USA) to identify public utilities in tlie planned area.
For the Site Investigation, soil sampling will be performed within thc zone of the future soil disturbance in unpaved areas. Sampling locations will be selected in 81 consultation with Caltrans. Sampling locations arc proposed at a spacing of approximately 300 feet and it is assumed tliat 110 inore tlian 15 borings will be needed. Tlie work will consist of tlie following:
* Coordinate encroachment permit access and provide necessary traffic control.
* Perform borings down to tlie deptli of proposed soil disturbance using a direct-push drill rig or liand axiger. At a ininimum, soil samples will be collccted at O-0.5 foot (ft), 1.5 ft, 3.0 ft, and 5.O ft sampling intervals. For areas of deeper soil disturbance, Caltrans District 7 may require tlie collection of deeper soil samples at depth intervals of 5 ft (i.e., 5 ft, 10 ft, 15 ft, and 20 ft). Laboratoiy testing will be assigned to all samples. If significant additional sampling depth intervals or locations are required by Caltrans, additional out- of-scope laboratoiy costs may be incuired.
* Sliallow borings are required witliiii tlie LADWP easement and LACFCD influence to undergo additional axialysis required by Caltrans. * Laboratorytestingwillbeperfomedinordertosupportsoilmanagementand disposal requirements. The analytical protocol for ADL and groundwater Investigations is summaiized in the following Sections.
ADL Investigation
* Soil from eacli sample will be liomogenized by the laboratory. * All soil samples shall be analyzed for total lead using Environmental Protection Agency (EPA) Method 6010B. Arsenic will be analyzed for all samples collected within or adjacent to the PE ROW. * Samples tliat contain greater or equal to 50 milligrams per kilogram (mg/kg) total lead shall be analyzed for soluble lead using thc California Wastc Extraction Test (CA-WET) for extractable lead. If required by Caltrans, up to 50% of the samples collected each day witli the higliest concentrations of lead will also be analyzed for soluble lead using CA-WET. * Samples that contain greater than or equal to 1,000 mg/kg of total lead or greatcrthan 5 ing/l of extractable lcad using CA-WET shall bc analyzcd using the EPA Toxic Characteristic Leachiiig Procedure (TCL,P) using EPA Metliod 1311 for leachable lead. If required by Caltrans, up to 30% of the samples collected each day with the liighest concentrations of lead will also be analyzed for soluble lead using TCLP.
* At least 10% of samples that contain the liigliest concentrations of total lead shall be analyzed for Total Petroleui'n Hydrocarbons (TPH) using EPA Method 8015 and Title 22 Metals using EPA Method 6010B/7470A.At lcast 10% of samples will also be selected for volatile organic compound (VOC) analysis using EPA Method 8260B and semi-volatile organic compounds (SVOC) analysis using EPA Method 8270C.
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* 10% of the samples shall be analyzed for pH by EPA Method 9045C.
LADWP - Soil Investigation
* All soil samples to 5 ft below ground surface will be analyzed for polychlorinated biphenyls (PCBs) and Title 22 Metals using EPA Method 6010B/7470A.
* At least 10% of samples that contain the highest concentrations of total lead shall be analyzed for Total Petroleum Hydrocarbons (TPH) using EPA Method 8015.
* At least 10% of samples will also be selected for volatile organic compound (VOC) analysis using EPA Method 8260B and semi-volatile organic compounds (SVOC) analysis using EPA Method 8270C
* Our scope assumes tliat no significant contamination is encountered, which is not attributable to ADL.
Reporting & HMDDs
* We will prepare a detailed report summarizing the findings of the Site hivestigation. The report will contain a description of the field activities and sunmary of the laboratory results, a statistical analysis of the results, conclusions and recommendations, boring logs, tables, and figures as necessary. We will perform statistical analysis of the ADL Investigation results using the 95% upper confidence limit (UCL) on the mean by using Pro-UCL computer program. Tlie soil will be classified in accordance witli hazardous waste criteria.
* We will also prepare one HMDD for tlie LADWP easement. * We will prepare a detailed report summarizing the findings of the Site Investigation. The report will contain a description of tlie field activities and summary of the laboratory results, a statistical analysis of the results, conclusions and recommendations, boring logs, tables, and figures as necessary. We will perform statistical analysis of tlie ADL Investigation results using tlie 95% upper confidence limit (UCL) on the mean by using Pro-UCL computer program. The soil will be classified in accordance with hazardous waste criteria.
* We will also prepare one HMDD for the LADWP easemcnt.
Task 2.2.3 - Obtain Permit (PLACs) (City to pay permit fees) Not Included in PA&ED Phase of Work
Task 2.2.4 - Updated Environmental Commitments Record BCA will review arid confirm all commitments are addressed. 83 Task 2.2.5 - Ramp Closure Study - can be eliminated if new ramp aliqnment is accepted.
Not Included in PA&ED Pliasc of Work
Task 2.3 - Traffic Analysis and TMP
A memoraxidum will be prepared tliat includes tlic study proccdure, results, and conclusions. We will subinit an electronic copy of tlie draft to you to review and submit to Caltrans. Upon receipt of consolidated set of comments on the draft memo, we will submit an electronic copy of the revised memo.
Task 2.4 - Coordination with LADWP and LACFCD
Tliis task includes the coordination with tlie LADWP all tlie required permanent and temporaiy constniction easements as well as the riglit of cnhy to complete the field testing to collect samples for liazardous waste testing.
This task also includes the coordination witli LACFCD to coordinate tlie design of the retaining wall and grading around tlieir drainage cliannel located witliin tlie new ramp alignment area.
Botli these tasks were assumed to be con'ipleted previously as tlie 95% plans reflected the R/W impacts axid eascment requirements. Tlie ramp realignmcnt is requiring additional coordination witli LACFCD as tlie new retaining wall is near tlieir Bandini Channel and work in this area will need to be coordinated witli and approved by LACFCD. It is assumcd tliat tl'ic LACFCD requirements are identified in the Guidelines for Overbuilding and Air Rights.
Task 3 - Plans, Specifications and Estimates (PS&E) Not Included in PA&ED Phase of Work
Task 4 - Riqht-of-Way Enqineerinq and Acquisition
Not Included in PA&ED Pliase of Work
Task 5 - Bid Support
Not Included in PA&ED P}iase of Work
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C. Biqqs Cardosa's Proposed Budqet to Complete PA&ED On June 26, 2020, Biggs Cardosa submitted its final ASR cost proposal with two options for the City's consideration. Option 1, which is the subject of tliis Amendment No. 1, consisted of tlie completion of PA&ED only. Biggs Cardosa proposed to complete this Option 1 for:
$380,747 remaining in contract2 + Additional $99,268 requested = $480,015 The detailed breakdown per task is included at the end of this document It is important to note:
1. It is only appropriate to compare the quotes that the City originally received from its previous consultant (approx. $1,200,000') and from Caltrans (approx. $1,500,000') to tlie $750,000 original Biggs Cardosa proposal, because those three quotes were based on the same scope of work (what was understood at the time).
2. The proposed budget includes up to $171,918 in Discounts offered by Biggs Cardosa to ensure tliat tlie City will not be cliarged for duplicate work or inefficiencies associated witli the proposed substitution of management teams.
3. The alignment revisions proposed by Biggs Cardosa with this Amendment No. l eliminate the need to close the freeway on-ramp for several months during construction, and saved several million dollars in Project constniction cost. Tliis represents several times tlie requested increase in Project design budget.
2 Remaining unbilled budget in contract = $750,000 (Current contract) - $369,253 (Billed to date) = $380,747. 23 85
D. Analysis of Proposed Budqet and Discounts Offered to City In tliis section, Biggs Cardosa presems an analysis of the budget expended to datc, proposed new budget, and discounts offered to tlie City to offset any duplicative costs3.
To date, Biggs Cardosa has invoiced thc City $369,2534 from its total contract of $750,000, lcaving an uribilled balance of $380,747. However, tlie team lias continued to work on tlie Project and lias accrued $100,809 in additional Project cJiarges past the date of Biggs Cardosa's last ixivoice. Biggs Cardosa's actual remaining budget on this contract is tliercforc $279,938, aftcr accounting for these unbilled charges, as illustrated in below:
'!Aa!jl: Remairiir3g Budge: in Qiggs Cardosa's Current €ontr4cj:
Biggs Cardosa Additional Project Charges ($48,344)
Kim%y-Horn UnBilled Project Charge@ incutred=Kimley-Horri to date FES Surveying Invoiced by sub; but held by Biggs Cardosa ($5,000) €:ivil W6rks
Every proposed team member in our design team was asked to provide Biggs Cardosa witli a cost proposal to complete tlie Project5, using as a starting point tlie Project status as of 4/1/20206. Biggs Cardosa and Kimley-Horn negotiated thesc cost proposals with each subconsultant to ensure each individual budget's (a) fairness, (b) adequacy to complete tlie remaining PA&ED scope of work based on the latest input from Caltrans, (c) consistency witli the billing requirements of tlie contract, and (d) value to tlie City. Based on tl'icse individual budgets by discipline and Biggs Cardosa's cost to manage the contract, tlie total budget to complete PA&ED starting from where we are today was calculated to be $551,425, as illustratcd in below:
TABtE 2: Budsyj Required to Complete PA8&ED (starting fromawhere we.are today) Contract Mariagernept, QA, Ret Wall Desigrc& QC'. 8iggs.(,afdosa $73,762' Kimley-Horn PM, Caltrans Coord, PR, Roadway, Traffic, Utilities $293,456 Wngner Surveying, ROW Engineering $38,500
Group Delta Geotechnical, HazMat, ADL $97,741
3 All figrires disctissed in tliis narrative are directly froin the cost proposals stibinitted to tlie City on 6/26/2020 for the completion of PA&ED only.
4 Figure was confirmed by Elias Saikaly.
5 0nly tlie PA&ED Portion of llie cost proposals provided by tlie subs is included in tliis analysis. 6 No inaterial work lias taken place witli tlie Project since April, so tliese figures are still valid as of tlie date of tliis letter.
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GPA Enviponmerital, RegulAt6iy'Permitting $3Qj947
OPC ROW Acquisition $9,020
Tlie $551,425 budget required to complete PA&ED (per ) exceeds tlie $279, 938 remaining in Biggs Cardosa's contract (per ) by $271,487. This represents the best estimate of what Biggs Cardosa expects to expend to complete PA&ED, beyond the limits of the current contract.
However, some of tliese costs consist of what is referred to as "excess cost". "Excess costs" represent costs that will be expended by the Biggs Cardosa design team, but tliat would xiot have been incurred by tlie City liad the Project been scoped correctly from tlie outset. These "excess costs" includes duplicative work (work done by the first consultant, which must be redone by the new consultant), and the cost to "ramp-up" to get the new team operating with the same level of Project understanding as the original team.
Biggs Cardosa estimates (generously) tbat total "excess cost" due to duplicative work is (at most) $84,283, and that total "excess cost" to set up, bring under contract, mobilize, and ramp-up the ' new team represents (at most) an additional $87,635. Altogetlier, Biggs Cardosa expects to incur up to $171,918 in "excess costs", which the Biggs Cardosa team will write off and not charge tlie City for. On its future invoices to the City, Biggs Cardosa will identify c}iarges for "excess costs", against which a corresponding rebate will be sliown, zeroing out for the City tlie charges for tliese "excess costs". Applying up to $171,918 in rebates against the $271,487 in additional budget that Biggs Cardosa estimates it will need to complete PA&ED reduces the requested budget to $99,569 ( below summarizes these calculations).
87 [g: Requited CIO to Complete'PA&ED-A/ter BCA Reb@tes/Write-Offs Rebates to City / BCA Write-Offs-for work already done that must be redone:
Wiije-off by Biggs Cardosa For Work by Biggs Cardosathat must be redone" Write-off by Biggs Cardosa For Work by Civil Works that must be redonea Write-off by Bigg's Cardosa Far Work by FES Survqyingthat must be redone9 Write-off by Biggs Cardosa For Environmental Work that must be redone'o Write-offbyeivilWocks ForWork.byCivilWorksthatmustberedone" Write-off by FES For Work by FES Surveying that mustbe redone'2 ($22,OJiJ
($43,000)
($10,000)
($1,800)
(5s,gzz)
($1,500)
Rebates to City / BCA Write-Offs-for cost to Transition and Ramp-Up New Team:
Write-offbyBiggs'Cardosa ForWorkbyBiggsCardosaandKimley-Horntobrainstorm, prepare and put in placeRecovery Plan'3 Write-off by Kiffiln9-Horn For Project'documents review by Kimley-Horn'4 For Additional Meetings and Caltrans Coordination
by Biggs Cardosa'5
Eor PM'Work by Biggs Cardosa and Kimley-Horn
4ssq(ipted-witti.trq(isitiH qf new i@@rn36
Write-off by Biggs Cardosa
($64,896)
($A,000)
($9,813)
7 Represents $13,779 of work effort incurred by BCA for the preliminary layout of retaining wall along superscdcd ramp alignment, whicli needs to be redone, plus $8,232 representing 100o/o or tlie additional budget requested by BCA for Task 2, ). 1 "Project Kickoff/Meetings/Data Collection". 8 Represents $25,000 of supcrseded geometiy for aligiunent of on-ramp (Task 2. 1.5), and $18,000 of work drafting Supplcincntal Project Report based on superseded rainp alignment (Task 2. 1.7), both olaw)iic)i need to be redone. 9 Represents $10,000 in Rigltt-of-Way Engineering work done by FES (Task 2.1.4), wliicli will need to be redone by Wagncr, thc ncw survcyor proposed to replace FES in Recovery Plan. 'o $1,800 represents 100% of the additional budget requested by BCA for Task 2.2.6 "Environmental Rcva)idation". " BCA will request that Civil Works contribute to tlie cost of tliese write-offs by accepting a 30% reduction in tlie payment due for their outstanding invoice(s) in tlie ainount of $19.908 (see Table 1). Above that 30% '!iaircut", BCA will take responsibility for any additional writc-off. '2 BCA will rcquest tliat FES contribute to tlie cost of these write-offs by accepting a 30% reduction in tlie payment due for their oulstaxiding invoice(s) ii'i the ainount or $5,000 (sea Tablc l ). Above that 30o/o ")iaircut", BCA will take responsibility for any additional write-off.
'3 $64,896 reprcsents 100% of t}ie additional budget requested by BCA and Kimley-Honi for "Prepare Recovery Plan" Task (Under Task l; no subtask nuiriber).
'4 $3,000 represents additional cost-cutting agreed-to by Kiinley-Horn in tlic process of puttii'ig togetber latest iteration of this Recovery Cost Proposal. The $3,000 redtiction is rcflectcd in base figiires in cost proposal. '5 $9,813 represents 100% of tlie additional budget requested by BCA for Task 1.2 "City, Caltrans and Sub- Coordination", plus 50% of tlie additional budget requested by BCA for Task 1.3 "Meetings". '6 $9,926 represents 50oA of tlie additiona1 budget requested by BCA for Task 1. l "Project Managen'ient", pltis 100% of the additional budget requested by BCA and Kimlcy-Hom for Expenscs. 88 E. Assumptions Reqardinq City's Future Selection of PS&E Consultant Schedule Considerations:
Tlie proposed schedule assumes that thc PA&ED and PS&E phases are advanced concurrently, with the start of PS&E lagging tlie start of PA&ED by about six montlis.
However, the exact start of the PS&E is dependent on tlie City's timeframe to select and get under contract a PS&E firm.
Cost Considerations:
This cost proposal assumes that the City will be responsible for the coordination between the PA&ED team and the PS&E team.
No liours have been budgeted for modifying geomctric approval documents, or for obtaining Caltrans approval for any substantive deviation from tlie PA&ED concept, wliicli may be requested by the PS&E team.
No hours were budgeted to perform another environmental revalidation at tlie end of the Project to address dcsign changes that may be introduced during PS&E.
Risk Transfer Considerahons.
The City will rctain the responsibility of coordination and design continuity between thc PA&ED and tlie PS&E pliases of design.
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Contrad No. 3333
AGRF,EMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into by and between the City of South Gate, a municipal corporation ("City"), and Biggs Cardosa Associates, Inc., a California corporation ("Consultant") identified in Section 1 hereof.
RECIT ALS
WHEREAS, Owner desires to engage Consultant to perform certain technical and professional engineering services, as provided herein, in connection with that certain project identified as:
PS&F, for the I-710/Firestone Southbound On-ramp Modification Project (Amendment to I-710/Firestone Boulevard Interchange, Phase IV, (Firestone Boulevard Brtdge Widening Over Los Angeles River), FEDERAL PROJECT NO. HP21L-5257 (036), CITY PROJECT N0. 354-ST
NOW, THEREFORE, the parties agree as follows:
1. Parties to the Agreement.
The parties to the Agreement are:
Owner: The City of South Gate, a municipal corporation, having its principal office at 8650 California Avenue, South Gate, California 90280.
Consultant: Biggs Cardosa Associates Inc.
5000 S. Main St. Suite 400
Orange, CA 92868-4507
Tel (714) 550-4665
2. Representatives of the Parties and Service of Notices.
The representatives of the parties who are primarily responsible for the administration of this Agreement, and to whom formal notices, demands and communications shall be given, are as follows:
A. The principal representative of the City of South Gate shall be:
Arturo Cervantes, P.E.
Director of Public Works/City Engineer
Public Works Department
8650 California Avenue
South Gate, CA 90280
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B. The principal representative of the Consultant shall be:
Michael Thomas, S.E. Principal
Biggs Cardosa Associates Inc.
5000 S. Main St. Suite 400
Orange, CA 92868-4507
Tel (714) 550-4665
C. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be affected by personal delivery or by mail, D. If the name of the principal representative designated to receive the notices, demands or communications, or the address of such person, is changed,'written notice shall be given within five (5) working days of said change.
3. Description of Work.
City hereby engages Consultant, and Consultant accepts such engagement, to perform the technical and professional services set forth in the proposal attached hereto as Exhibit "A", Consultant shall perform and complete, in a manner satisfactory to City, all work and services set forth in Exhibit "A". The Director of Public Works, or the Director of Public Works' designee, shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the Director of Public Works.
4. Commencement and Completion of Work.
The execution of this Agreement by the parties does not constitute an authorization to proceed. The services of Consultant shall commence when the City, acting by and through its Director of Public Works, has issued a Notice to Proceed based upon a proposal for as needed services for such project, progratn, or activity. The work described in Exhibit "A" shall be completed within the time schedule noted in each proposal for such work, exclusive of any review periods required by City and any extensions approved pursuant to Section 5 below.
Consultant shall have no claim for compensation for any additional services or work, which has not been preauthorized in writing by the Director of Public Works. The term to provide professional services is from June 13, 2017 until completion of construction of the ramp or until terminated by the City.
5. Extension of Time for Completion of Work.
A. If, at any time, the work is delayed due to suspension order by the City, or due to any other cause which, in the reasonable opinion of the City is unforeseeable and beyond the control and not attributable to the fault or negligence of Consultant, then Consultant shall be entitled to an extension of time equal to said delay, subject to the City's right to terminate this Agreement pursuant to Section 11.
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B. Consultant shall submit to the Director of Public Works a written request for an extension of time within ten (10) days affer the commencement of such delay, citing the reason for such delay. Failure to submit the written request within such time period shall constitute a waiver thereof. The Director of Public Works shall, in his sole discretion, determine whether and to what extent any extensions of time shall be permitted. If the Director of Public Works approves such request, he shall do so in writing.
C. No extension of time requested or granted hereunder shall entitle Consultant to additional compensation unless, as a consequence of such extension, additional work must be performed. In such event, the City shall in good faith consider any request for additional compensation submitted by Consultant.
6. Data Provided to Consultant.
City shall provide to Consultant, without charge, all data, including reports, records, maps and other information, riow in the City's possession, which may facilitate the timely performance of the work described in Exhibit "A".
7. Independent Contractor.
Consultant is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the City.
8. Consultant's Personnel.
A. All services required under this Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perfortn such services, including, without limitation, a City of South Gate business license as required by the South Gate Municipal Code.
B. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
C. Consultant shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
D. Consultant shall indemnify and hold harmless the City and all other related entities, officers, employees, and representatives, from any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices, or of any acts or omissions by Consultant and/or its employee, independent contractors, agents, or representatives in connection with the work performed arising from this Agreement, to the extent resulting from their negligent or other wrongful conduct.
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E. Consultant shall utilize the project team shown on the attached "Project Organization Chart." Substituting shall not be permitted without written consent of the City Engineer or Director of Public Works.
9. Compensation.
A. The Consultant will be reimbursed for hours worked at hourly rates specified in the Consultant's Cost Proposal, (see Exhibit "A" Proposal and Fee Proposal attached to this Agreement). The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead and fee. These rates are not adjustable for the peraformance period set forth in tis Agreement. In addition, the Consultant will be reimbursed for direct costs, other than salary costs, that are identified in the Consultant Cost Proposal Exhibit "A" attached to this Agreement. The total compensation to be paid by City to Consultant for all work and services described in Exhibit "A" shall be submitted in the proposal for an amount not to exceed ,$750000.
B. On or before the fifth day of each calendar month following commencement of the work, Consultant may cause to be made and submitted to City a written estimate of the value of all work completed and materials incorporated into the project up to the first day of the month in which the estimate is made. In reviewing and approving such estimate, the City may consider, in addition to other facts and circumstances, the relationship of the work completed to the work remaining to be done. The City shall have the right to retain ten percent (10%) of the estimated cost of the work as partial security for Consultant's performance of this Agreement. Within thirty (30) days after approval of Consultanfs estimate, City shall pay to Consultant the balance of such estimated value after deducting there from all prior payments and all sums to be retained as partial security under the terms of this Agreement.
C. Upon satisfactory completion of all work and services described in Exhibit "A", and City's approval thereof, City shall pay to Consultant the total amount remaining due for each increment or phase of the work, including all fiuids retained as partial security. Final payment shall be made by City to Consultant within thirty (30) days after City's written acceptance of the work.
D. No payment made hereunder by City to Consultant, other than the final payment, shall be constnied as an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
E. The Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., shall be used to determine the allowability of individual items of cost.
F. The Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
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G. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., OR 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, are subject to repayment by contractor to State.
H. Any Subconsultant in excess of $25,000, entered into as a result of this contract, shall contain all the provisions of this article.
10. Indemnity and Insurance.
A. Consultant agrees to indemnify, hold harmless and defend the City, its officers and employees, from and against any and all claims, losses, obligations, or liabilities whatsoever incurred in or in any manner arising out of or related to Consultant's and/or its employees, independent contractors, agents, or representatives negligent or wrongful acts, errors or omissions. Consultant will deliver to City a certificate of insurance evidencing professional liability insurance coverage in an amount not less than $1,000,000.
B. In addition to paragraph A, above,
(l) The Consultant, at its expense, shall maintain in effect at all times during the performance of work under this Agreement not less than the following coverage and limits of insurance, which shall be maintained with insurers listed "A" or better in the Best's Insurance Guide and authorized to do business in the State of California. (a) Workers' Compensation and Employer's Liability
Workers' Compensation-coverage as required by law.
Employer's Liability-limits of at least $1,000,000 per occurrence (b) Comprehensive General Liability
Combined Single Limit-$1,000,000.
The automobile and comprehensive general liability policies may be combined in a single policy with a combined single limit of $1,000,000. All of the Consultant's policies shall contain an endorsement providing that written notice shall be given to City at least thirty (30) calendar days prior to, cancellation of the policy, ten (10) days notice if cancellation is due to nonpayment of premlum.
(2) Policies providing for bodily injury and property damage coverage shall contain the following:
(a) An endorsement extending coverage to City as an additional insured, in the same manner as the named insured, as respects liability arising out of Revised 6/1
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the performance of any work under the Agreement. Such insurance shall be primary insurance as respects the interest of City, and any other insurance maintained by City shall be considered excess coverage and not contributing insurance with the insurance required hereunder. (b) "Severability of Interest" clause.
(c) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assiuned by Consultant under the Agreement, including without limitation that set forth in Section 10.A. (3) Promptly on execution of this Agreement and prior to commencement of any work Consultant shall deliver to City copies of all required policies and endorsements to the required policies.
(4) The requirements as to the types and limits of insurance to be maintained by the Consultant are not intended to and shall not in any manner limit or qualify Consultant's liabilities and obligations under this Agreement. (5) Any policy or policies of insurance that Consultant elects to carry as insurance against loss or damage to its equipment and tools or other personal propeity used in the performance of this Agreement shall include a provision waiving the insurer's right of subrogation against the City.
11. Termination for Convenience.
The governing board of the City may terminate this Agreement at any time without cause by giving fifteen (15) days written notice to Consultant of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of City, become its property. If this Agreement is terminated by City as provided herein, Consultant will be paid a total amount equal to its actual costs as of the termination date, plus ten percent (10%) of that amount for profit. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.
12. Termination for Cause.
A. The governing board of the City may, by written notice to Consultant, terminate the whole or any part of this Agreement in any of the following circumstances:
(1) If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereof; or (2) If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period as City may authorize in writing) after Revised 6/1
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receipt of notice from City specifying such failure.
B. In the event City terminates this Agreement in whole or in part as provided above in paragraph A of this Section 12, City may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.
C. If this Agreement is terminated as provided above in paragraph A, City may, at its election, require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, etc., prepared by Consultant. Upon such termination, Consultant shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents whether delivered to City or in possession of Consultant, and to authorized reimbursement expenses.
D. If, after notice of termination of the Agreement under the provisions of this Section 12, it is determined, for any reason, that Consultant was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 11.
13. Non-Discrimination and Equal Employment Opportunity A. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, handicap or age. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, handicap or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of tis Section, and all applicable provisions of Executive Order No, 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection and on file with the Public Works Department.
14. Consultant's Warranties and Representations.
Consultant warrants and represents to City as follows:
A. Consultant has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement.
B. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, cornrnission, percentage, gift, Revised 6/1
7 fl 96
or any other consideration contingent upon or resulting from the execution of this Agreement, Upon such breach or violation of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.
C. Consultant has no knowledge that any officer or employee of the City has any interest, whether contractual, non contractual, financial, proprietary, or otherwise, in this transaction or in the business of the Consultant, and that if any such interest comes to the knowledge of Consultant at any time, a complete written disclosure of such interest will be made to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.
D. Upon the execution of this Agreement, Consultant has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this Agreement, nor shall any such interest be acquired during the term of this Agreement.
15. Subcontracting,DelegationandAssignment.
A. Consultant shall not delegate, subcontract or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the City; provided, however, that claims for money due or to become due to Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without such approval. Any proposed delegation, assignment or subcontract shall provide a description of the services to be covered, identification of the proposed assignee, delegee or subcontractor, and an explanation of why and how the same was selected, including the degree of competition involved. Any proposed agreement with an assignee, delegee or subcontractor shall include the following:
(l) The amount involved, together with Consultant's analysis of such cost or price.
(2) A provision requiring that any subsequent modification or amendment shall be subject to the prior written consent of the City.
B. Any assignment, delegation or subcontract shall be made in the name of the Consultant and shall not bind or purport to bind the City and shall not release the Consultant from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to Consultant under this Agreement.
C. Any assignment, delegation or subcontract requiring subcontractors/DBE participation shall require execution of and conform to "Standard Agreement for Subcontractor/DBE Participation" attached hereto as Exhibit "B." Reyised 6/ l
8 97
16. Ownership of Documents.
All plans, specifications, reports, studies, tracings, maps, AutoCAD drawings and other documents prepared or obtained by Consultant in the course of performing the work required by this Agreement shall be the property of the City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City without restriction or limitation on their use. City's reuse of such materials on any project other than the project, wich is the subject of this Agreement, shall be at City's sole risk.
17. Entire Agreement and Amendments.
A. This Agreement supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally.
B. No attempted waiver of any of the provisions hereof, nor any modification in the nature, extent or duration of the work to be performed by Consultant hereunder, shall be binding unless in writing and signed by the parly against whom the same is sought to be enforced.
18. Resolution of Disputes.
Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. In the event that the parties cannot reach agreement, parties agree to submit their dispute to non-binding arbitration prior to the cotnrnencement of any legal action or suit.
The parties are free to choose a mutually agreeable arbitrator; however, in the event of a lack of agreement between the parties, the matter shall be submitted to the American Arbitration Association and be subject to its Commercial Arbitration Rules. Each party shall bear its own costs and fees, and share equally in the cost of the arbitration fee.
19. If any provision of this Agreement is held by court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions nevertheless will continue in full force and effect without being impaired or invalidated in any way.
20. Exhibits,
The following exhibits to which reference is made in this Agreement are deemed incorporated herein in their entirety:
Exhibit "A"
Exhibit "B"
Proposal and Fee Proposal
Standard Agreement for Subcontractor/DBE Participation Revised 6/1
9 98
21. Governing Law.
This Agreement shall be governed by the laws of the State of California. Venue shall be witin the County of Los Angeles.
22. Effective Date.
Unless otherwise specified herein, this Agreement shall become effective as of the date set forth on which the last of the parties, whether City or Consultant, executes said Agreement.
23. Retention of Records/Audits.
The Consultant, Subconsultants and the City shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited, and the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement. The City, State, State Auditor, FHWA, or any duly authorized representative of the federal governrnent having jurisdiction under federal laws or regulations (including the basis of federal funding in whole or in part) shall have access to any books, records, and documents of the Consultant pertaining to the Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.
[Remainder of page left blank intentionally]
Revised 6/1
10 99
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN CITY AND BIGGS CARDOSA ASSOCIATES, INC.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized. "CITY"
CITY OF SOUTH GATE
Maria Davila, Mayor
ATTEST:
APPROVED AS TO FORM:
ul F. Salinas, City Attorney
"BIGGS CARDOSA ASSOCIATES, INC."
By:
Signature
fThrJC<PAr<
Title
Dated: (p l'lA= f 'tt>t "'7
Revised 6/1
11 H 100
Revised 6/1
Exhibit "A"
Proposal and Fee Proposal
12 3'1 101
lixwi n -s.*s s had INC
E3TF1 ENCilNEE-'S
500 8, %alri E3treat, E;t61 40CI
Orange, CA 9;)888-4507
Tslsphonm 714-6a50-4885
Facsimile 714-550-7G?e4
October 6, 2016
City of South Gate
8650 California Avenue
South Gate, CA 90280
Attention: Frank Sanchez
Subject: Cost Proposal to provide
PS&E Design Services for the I-710 Southbound On-Ramp from Firestone Blvd.
Dear Frank,
Biggs Cardosa Associates, Inc. is pleased to present to you tis cost proposal to provide final design of the on-tamp from eastbound Firestone Blvd to southbound I-710. The project will pick-up where Atkins left it a few years ago, and carry it through final PS&E and support during bid.
BACKGROUND
The reconstruction of the southbound I-710 on-ramp was initially part of the project to widen the south of the Firestone Blvd Bridge over the Los Angeles River. However, due to uncertainties in the configuration of the I-710 Corridor Project, the on-ramp portion of the project was stalled and the City proceeded with advertising and constructing the bridge widening portion only. The project has been environrnentally cleared and a draft Project Report has been circulated and commented on by Caltrans, but not finalized. Atkins proceeded to design the project, and reportedly designed it to 95% before the project stalled.
The City now desires to complete that phase of the project. Biggs Cardosa Associates is proposing to do this with a team that includes most of the people that have the knowledge of what was originally done, in order to be efficient. Miguel Carbuccia was the Stnictural Engineer for Atkins, and he now works for Biggs Cardosa. Marie Marston with Civil Works has been intimately involved with this project as a sub to Atkins from the outset. She is part of our current team for construction services on the Firestone Blvd Bridge. Group Delta was also part of Atkins team and is now part of our constmction services team for the bridge.
During the last few years, the Gateway Cities COG has been developing preliminary engineering plans for the I-710 Corridor. The Draft EIR/EIS was circulated, and due to received comments and changed traffic projections for trucks, it needed to be revised. A revised Draft EIR/EIS is anticipated to be circulated in the spring of 2017. Only two build altematives are being considered in this revised Draft EIR/EIS, Alternative 5A and Alternative 7. The concept for these alternatives at Firestone Blvd are attached to this proposal. There is no difference to the proposed configuration of the I-710 on-ramp between these two alternatives.
40 102
PROPOSED SCOPE
Biggs Cardosa proposed to update and complete the Project Report, complete and environmental Reevaluation or Addendum to reflect the revised project footprint, and complete the PS&E Final Design of the ramp.
The proposed geometry of the ramp will be based on the proposed ultimate project for I-710 and will accommodate either I-710 Corridor build alternative (5A or 7) with minimal rework at the merge point.
Both build alternative show the merge point under Southern Avenue, which will require a tieback wall at Soutliern Avenue. Our proposed merge point will be north of Southern Avenue so as not to touch the approaches to that bridge.
Our proposed work includes:
1. Project Management
Biggs Cardosa will manage the project and obtain Caltrans approval and encroachment permit for the proposed ramp. We will attend regular PDT meetings (total 24), provide agenda and meeting minutes, monthly progress reports and invoicing.
2. Update Mapping
We will perform updated field surveys and update the project base mapping, including utilities, right-of-way, and topography.
3. Supplemental Project Report
We will prepare a supplemental Project Report, including updated Geometric Approval Drawings (GADs), process design exceptions, and obtain Caltrans' approval of the supplemental Project Report.
4. Geotechnical
In 2008 and 2009, Group Delta performed geotechnical borings and ADL testing and prepared geotechnical and ADL reports for the project. Group Delta will update those reports to current Caltrans standards. No additional borings or testing are anticipated.
5. Environmental Technical Studies
We anticipate having to produce technical memos to update the following environmental technical studies to support the environmental reevaluation/Addendum:
* Biological Resources Constraints Analysis Report * Visual Impact Memorandum
* Water Quality Technical Memorandum
* Historical Properties Survey Report and Archaeological Study Report Memorandum * Air Quality Study Report Memorandum
* Noise Study Report Memorandum
* Traffic Study Report Memorandum
* Hazardous Waste Initial Site Assessment Memorandum 2 4/ 103
6. Environmental Reevaluation/Addendum
Following updating of the technical analysis, we will reference the results of these studies to prepare an Environmental Reevaluation/Addendum. It will be prepared to reassess the potential environmental impacts of the proposed project, in compliance with CEQA and NEPA.
In the Reevaluation/Addendum, we will describe how the proposed project has changed since the 2009 environtnental documentation/re-validation was completed. We will confirm that the proposed project would not result in any new or additional significant impacts, and would not increase the severity of impacts previously identified.
7. Final PS&E
We will prepare 65%, 95%, 100% and Final PS&E Submittals for all roadway, drainage, stage construction, traffic handling, sign, and retaining walls sheets anticipated to be required for the project. We have assumed that we will not need to resubmit a 35% submittal and will be able to move straight to 65% since the project was supposedly already at 95% before it stalled. All documents will be prepared to Caltrans standards.
We will obtain Caltrans approval of our PS&E submittal and the Caltrans Encroachment permit for the work. It is assumed that the City will advertise and bid the project, and manage the construction.
8. Right-of-Way Engineering
It is assumed that the City and Caltrans already own all the required right of way, except for the need to acquire an easement from LADWP and from LACFCD. We will complete the plats and legals and prepare the required Right-of-Way maps. We will also obtain the appropriate appraisals and lead the negotiations and acquisition efforts on behalf of the City to obtain the necessary right-of-way. We will prepare and obtain the tight-of-way certification from Caltrans prior to advertisement.
9. Bid Support
We will support the City during the bid process, and answer contractors' questions.
Assumptions:
* Electronic MicroStation subrnittals to Caltrans will only be required at Final PS&E. * Design Services during Construction are not included in this cost proposal. * Caltrans will not require us to perform new geotechnical borings or ADL testing.
Proposed Fee
Biggs Cardosa Associates proposed to provide these design services on a Time and Material basis per the attached rate sheet for a total not to exceed $750,000, broken down as follows:
Project Management
Retaining Wall Design
Environmental
Civil Engineering (incl. PR and drainage)
Surveying, ROW Engineering
Right-of-Way Appraisals and Acquisitions
Geotechnical, ADL
3 $95,000
$50,000
$70,000
$340,000
$40,000
$55,000
$50,000
a
42. 104
Electrical Engineering
Total
$50,000
$750,000
We look forward to working with you on this project. If you have any questions, do not hesitate to give me a call.
Very truly yours,
BIGGS CARDOSA
ASSOCIATES. INC.
Michael Thomas. SE
Principal
cc: Mazen Mneimneh, Biggs Cardosa Associates
105
Blr;rlQ r/lnonF'f/%,
/l QQrlr71 A:TES INC.
Ei TRUC, TLIRAL ENGINEEREi
!500 Pi. Main E3i:reiet, S'cei 4rr3
Oi-aripei. CA 9eBB8-4507
Tsla+ohone 714-!EiE50-4Lta5
F *i C !-!II"11 :I ri 7 'l 4 -!S 50- 7 2 E')aa
CHARGE RATE SCHEDULE
Ptincipal
Assocgate
Engineering Manager
Ptoject Administtatot
Seniot Engineer
Project Engineet
Staff Engineet
Assistant Engit;eer
Junior Eng'neer
Seniot Computet Draftet
Computer Dtafter
Junior Computer Draftet
Secretarial Services
$216.00 - $278.00
192.00
166.00
136.00
150.00
135.00
122.00
112.00
106.00
122.00
106.00
95.00 88.00
Construction Managet
Seniot Structural Reptesentative
Structural Representative
Assistant Sttuctutes Reptesentative
Senior Bridge Inspectot
200.00
176.00
156.00
125.00
156.00
Subconsultants
Expenses
In-House CADD Plots
Ptints
Plots
Mylar Plots
Cost Plus 10o/o
Cost Plus 15o/o
$0.30/ sq. ft.
$1.50/ sq. ft.
$3.00/ sq. ft.
Charge Rates Applicable October 1, 2016 Tbru September 30, 2017 106
107
108
Exhibit "B"
Revised 6/1
Standard Agreement for
Subcontractor/DBE Participation
13 4-?-109
ST ANDARD AGREEMENT FOR
SUBCONTRACTOR/DBE PARTICIPATION
SUBCONTRACTORS
A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Agency and any subcontractors, and no subcontract shall relieve the Consultant of his/her responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to the Agency for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant. The Consultant's obligation to pay its subcontractors is an independent obligation from the Agericy's obligation to make payments to the Consultant.
B. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors.
C. Consultant shall pay its subcontractors witin ten (10) calendar days from receipt of each payment made to the Consultant by the Agency.
D. Any substitution of subcontractors must be approved in writing by the Agency in advance of assigning work to a substitute subcontractor
DISADVANTAGE BUSINESS ENTERPRISE PROGRAM AVAILABILTY
ADVISORY
A. This Agreement is subject to Title 49. Part 26, Code of Federal Regulations (49 CFR 26) entitled "Participation by Disadvantage Business in Department of Transportation Financial ASSiStanCe Programs." In order to ensure Caltrans achieves its federally mandated statewide overall DBE goal, the City encourages the participation of Disadvantaged Business Enterprises (DBEs), as defined in Title 49 CFR 26 in the performance of agreements financed in whole or in part with federal Funds. The Consultant shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.
B. As required by federal law, the Caltrans has established a statewide overall DBE goal. In order to ascertain whether that statewide overall DBE goal is being achieved, the Caltrans is tracking DBE participation on all federal-aid contracts.
C. To assist Consultant in ascertaining DBE availability for specific items of work, the City advices that it has determined that DBEs could reasonably be expected to compete for subcontracting opportunities on this project and the likely DBE Availability Revised 6/1
14 110
Advisory Percentage is 5% percent. The City also advises that participation of DBEs in the specified percentage is not condition of award.
D. Consultant has agreed to carry out applicable requirements of Title 49 CFR 26, in the award and administration of federally assisted Agreements. The regulations in their entirety are incorporated herein and by reference.
E. The Consultant shall notify the City in writing, of any changes to its anticipated DBE participation. This notice should be provided prior to the commencement of that portion of the work.
F. DBE and other small businesses (SB), as defined in Title 49 CFR 26 are encouraged to participate in the performance of agreement firianced in whole or in part with f.ederal funds. The Consultant, sub recipient or subcontractor shall not discriminate on the basis or race, color, national origin, or sex in the performance of this Agreement.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and administration of US DOT-assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the temination of this agreement or such other remedy as the recipient deems appropriate G. Any subcontract entered as a result of this Agreement shall contain all of the provisions of this section.
PERFORMANCE OF DBE CONSULTANTS, AND OTHER DBE
SUBCONTRACTORS/SUPPLIERS
A. A DBE performs a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially usefiil function, evaluate the amount of work subcontracted, industry practices; whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors.
B. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Agreement, or project through which fiinds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
Revised 6/)
15 111
C. If a DBE does not perform or exercise responsibility for at least thirty percent of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function.
PROMPT PAYM'ENT OF FUNDS WITHHELD TO SUBCONTRACTORS A, The Agency shall hold retainage firom the Consultant and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the Consultant based on these acceptances. The Consultant, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30-days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating Consultant or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Consultant or subcontractor in the event of a dispute involving late payment or nonpayment by the Consultant, deficient subcontract performance, or noncompliance by a subcontractor This provision applies to both DBE and non-DBE Consultant and subcontractors.
B, Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.
DBE RECORDS
A. The Consultant shall maintain records of materials purchased and/or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all fimis. DBE Consultant shall also show the date of work performed by its own forces along with the corresponding dollar value of the work.
B. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business Enterprises (DBE)," CEM-2402F (Exhibit 17-F in Chapter 17 of the LAPM), certified correct by the Conaultant or the Consultant's authorized representative and shall be furnished to the City with the final invoice. Failure to provide the summaty of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory "Final Report Utilization of Disadvantaged Business Enterprises (DBE)" is submitted to the Contract Manager.
Revised 6/1
16 112
DBE CERTIFICATION AND DE-CERTIFICATION ST ATUS
If a DBE subcontractor is decertified during the life of the Agreement, the decertified subcontractor shall notify the Consultant in writing with the date of de-certification. If a subcontractor becomes a certified DBE during the life of the Agreement, the subcontractor shall notify the Consultant in writing with the date of certification. Any changes should be reported to the Agency's Contract Manager within 30 days.
Revised 6/1
17 113
CITYMANAGER'S OFFICE
Item No. 3
JUL g 6 2022
Ciffl of South Gate
CITY COUNCIL
AGENDA PALL
For the Regular Meeting of: July 12, 2022
Originating Department: Administrative Services
Department Director:
Kristopher Ryan
Interim City Manager:
(C\"ffers
SUBJECT: AGREEMENT WITH MY CHENG & ASSOCIATES FOR AS-NEEDED
TEMPORARY ST AFFING
PURPOSE: To approve a Professional Services Agreement with MV Cl'ieng & Associates to assist tlie City with as-needed temporary staffing for tl'ie Finance Division in the Administrative Services Department.
RECOMMENDED ACTIONS: Tlie City Council will consider:
a.
b.
Approving a Professional Services Agreement with MV Cheng & Associates for the procurement of professional financial and accounting staffing on an as-needed and temporary basis throrigh December 31, 2022, in the amount not-to-exceed $115,000; and Authorizing the Mayor to execute the Professional Services Agreement in form acceptable to tlie City Attoriiey.
FISCAL IMPACT: Tliere is no fiscal impact to tlie General Fund. Funding for this agreement will come from savings in the department's salary and benefits budgets as temporary staffing will normally be rised when covering vacancies or extended leaves.
ANALYSIS: None
BACKGROUND: While positions in tlie Administrative Services Department remain unfilled, the City would like to continrie to contract witli MV Cheng & Associates to provide qrialified finance and accorinting professionals to assist witli varioris financial duties for a period of six months, retroactive to July 1, 2022 tl'irorigh December 31, 2022, for an amorint not to exceed $115,000.
As of July 1, 2022, two positions remain rinfilled: 1) Senior Financial Analyst and 2) Senior Accoruitant. With these two positions vacant, temporary staffing is needed to assist with completing the FY 2022/23 budget process and begin its financial year-end process in preparation for the anrnial audit. In addition to these two major tasks, assistance is also needed with tlie day- to-day tasks to keep operations in the depaitment rrinning smoothly. MV Cheng & Associates has staff witli n'uinicipal knowledge and expertise in tlie areas of budget and accounting to assist the 1 114
City on a temporary/interim basis.
Previoris contract (Contract No. 2021-94-CC) with MV Cheng & Associates has expired as of June 30, 2022. All costs are being offset by salary and benefit savings from tl'ie vacant positions. It is projected tl'iat both positions will be filled by December 2022 witli full-time employees.
ATTACHMENT: Proposed Agreement
2 115
AGREEMENT BETWEEN THE CITY OF SOUTH GATE AND MY CHENG & ASSOCIATES FOR PROFESSIONAL FINANCIAL AND ACCOUNTING
STAFFING ON AN AS-NEEDED AND TEMPORARY BASIS
Tliis Agreement for Professional Services for Financial and Accounting Staffing on an As-Needed and Teinporary Basis, ("Agreement") is made and entered into as of July 1, 2022, by and between tlie City of Soutli Gate, a municipal corporation ("City"), and MV Clieng & Associates ("Consultant"). City and Consultant are soinetimes )iereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, City does not l'iave the personnel able and/or available to perform the services required under tliis Agreement; and
WHEREAS, Consultant warrants to the City that it )ias a pool of sub-contractors witli tlie skills, knowledge, qualificatioi'is, and expeitise to perform properly and timely the Professional Services under tlie Agreement; and
WHEREAS, based on such representation, City desires to contract witli Consultant to provide available professional financial and accounting staff on an as-needed basis.
NOW, THEREFORE, the Parties hereby agree as follows:
1. SCOPE OF SERX7ICES. City liereby engages Consultant, and Consultant accepts SLICII engagement, to provide available professional staff to perform various financial and accounting tasks requested by tlie City. The Scope of Services may be mutually amended from tiine to time by botli Paities in writing.
2. COMPENSATION FOR SERVICES. Tlie total amount of compensation for tliis Agreei'nent shall not exceed the sum of One Hundred and Fifteen Thousand Dollars ($115,000.00). Tlie City sl'iall pay Consultant for its professional services rendered and costs incurred pursuant to tliis Agreeinent. No additional compensation sliall be paid for any otlier expenses incurred unless 'first approved by tlie City Council.
2.1 Consultant sliall be required to attend meetings at City Hall as necessary in the delivery of the projects. Travel time between Consultant's office and City Hall sliall not be billable. Consultant may request an exemption on a case-by-case basis, which shall be subject to City approval.
2.2 Consultant shall be paid in accordance with the agreed-upon hourly rate included in a proposed engagement letter to be submitted by the Consultant with respect to tlie services requested by the City. SLICII hourly rates shall be between $60-$80 per liour depending on tlie assignment and skills of tlie professional staff.
2.3 No payment inade hereunder by City to Consultant, otlier than the final payment, shall be construed as an acceptance by City of any work or inaterials, nor as evidence of 3 116
Agreement for Professional Services
MV Clieng & Associates
satisfactory performance by tlie Consultant of its obligations under this Agreement.
2.4 Tlie Consultant sliall subi'nit to tlie City a bill of services within 15 calendar days after the end of each montli. The City shall pay the consultant within foity-five (45) days of receipt of the invoice.
3. TERM OF AGREEMENT. Tliis Agreement is effective retroactive to July 1, 2022, and will remain in effect throug)i December 31, 2022, unless otlierwise expressly extended and agreed to by botli Paities in writing, or terminated by either Paity as provided lierein.
4. CITY AGENT, Tlie City Manager, for tlie purposes of tliis Agreeinent, is tl'ie agent for the City.
Whenever approval or autliorization is required, Consultant understands tliat tlie City Manager lias tlie autliority to provide tliat approval or autliorization.
5. CONFLICT OF INTEREST. Consultant represents that it presently lias no interest and shall not acquire any interest, direct or indirect, in any real propeity located witl'iin City whic)i may be affected by the services to be performed by Consultant under tliis Agreement. Consultai'it turtlier represents that in perforinance of this Agreement, no person having sucli interest sliall be employed by it. Witliin ten (10) days, Consultant agrees tl'iat it will immediately notify City of any other conflict of interest tliat may exist or develop during tlie term of tl'iis Agreement.
5.1 Consultant represents tl'iat no City employee or official lias a i'naterial financial interest in the Coi"isultant's business. During tlie term of tliis Agreement and/or as a result of being awarded tliis Agreement, Consultant shall not offer, encourage or accept any financial interest in tlie Consultant's business or in tl'iis Agreement by any City employee or official.
6. GENERAL TERMS AND CONDITIONS.
6.1 Termination for Convenience. Tlie City may terininate tliis Agreement at any time witliout cause by giving fifteen (15) days written notice to Consultant of sucli termination and specifying the effective date thereof. Ill tliat event, all finished or unfinished docui'nents and other materials shall, at t)ie option of City, become its propeity. If tliis Agreement is terminated by City as provided herein, Consultant will be paid the total amount of its costs incurred as of the termination date. In no event sliall tlie amount payable LIPOII teri'nii'iation exceed tlie total inaximum compensation provided for in this Agreement.
6.2 Termination for Cause.
6.2.1 The City may, by written notice to Consultant, terminate t)ie wliole or any part of this Agreement in any of tlie following circumstances:
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a. If Consultant fails to perforin tlie services required by this Agreement witl'iin the tiine specified herein or any authorized extension thereof, or b. If Consultant fails to perform tlie services called for by tliis Agreement or so fails to make progress as to endanger perforinance of this Agreei'nent in accordance witli its teri'ns, and in eitlier of these circumstances does not correct sucli failure witliin a period of ten (10) days (or sucli loi'iger period as City i'nay autliorize in writing) after receipt of notice from City specifying sucli failure.
6.2.2 In the event City terminates tliis Agreei'nent in wliole or in part as provided above in Subsection 6.2.1, City may procure, upon SLICII teri'ns and in such manner as it may deem appropriate, services similar to tliose terminated.
6.2.3 If tl'iis Agreement is terminated as provided above in Subsection 6.2.1, City inay require Consultant to provide all finislied or unfinished documents, data, studies, drawings, inaps, pliotographs, repoits, fili'ns, charts, sketclies, computation, surveys, i'nodels, or other similar documentation prepared by Consultant. Upon such teri'nination, Consultant shall be paid an amount equal to tlie value of the work performed. In ascertaining tlie value of tlie work performed up to tlie date of termination, consideration shall be given to botl'i completed work and work in progress, to complete and incomplete drawings, and to otlier docui'nents whether delivered to City or in possession of Consultant, and to authorized reimbursement expenses.
6.2.4 If, after notice of terinination of the Agreei'nent under the provisions of Subsection
6.2.1 above, it is deteri'nined, for any reason, tliat Consultant was not in default, or that the default was excusable, then the rights and obligations of the Parties shall be the same as if tl'ie notice of terinination )iad been issued pursuant to Subsection 6.1 above.
6.3 Non-Assignability. Consultant sl'iall not assign or trai'isfer any interest m this Agreement without tlie express prior written consent of City.
6.4 Non-Discrimination.
6.4.1 Consultant shall not discriininate against any ei'nployee, subcontractor, or applicant for employment because of race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, i'narital status, family/parental status, or veteran/inilitary status, in the perforinance of its services and duties pursuant to this Agreement and will comply witli all applicable laws, ordinances and codes of the Federal, State, and County and City governments. 5 118
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Consultant will take affirmative action to ensure that subcontractors and applicants are employed, ai'id that employees are treated during employment witliout regard to tlieir race, color, religion, ancestry, sex, national origin, disabled or age. Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perform services under this Agreement, are free from sucli discrimination. Such employment practices include, but are not limited to:
hiring, upgrading, demotion, transfer, recruitment, recrriitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticesliip.
6.4.2 The provisions of Subsection 6.4.2 above sliall be included in all solicitations or advertisements placed by or 011 behalf of Consultant for personnel to perform any services under t]iis Agreement. City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliance with tlie equal employment oppoitrinity and non- discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 whicl'i is incorporated lierein by this reference. A copy of Executive Order No. 11246 (relating to federal restrictiorzs against discriminatory practices) ls available for review and on file with the City Clerk's Office.
6.5 Insurance. Consultant shall submit to City ceitificates indicating compliance with the following minimum insurance reqriirements no less than one (1) day prior to beginning of perforinance under tliis
6.5.1 Agreeinent: Workers' Compensation Insurance as required by law. Consultant sliall require all subcontractors sii'nilarly to provide such workers' compensation insurance for their respective ei'nployees.
6.5.2 Coinprehensive general and automotive liability insurance protectii'ig Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for propeity damages or a coi'nbined single limit of $1,000,000, with an aggregate of $2,000,000. Each such policy of insurance shall:
a. Be issued by a financially responsible ii'isurance coi'npany or companies adinitted or autliorized to do business ii'i the State of California or whicli is approved in writing by City.
b. Name and list as additional insured tlie City, its officers and employees. c. Specify its acts as priinary insurance.
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d. Contain a clause substantially in tlie following words: "It is hereby understood aiid agreed that tliis policy shall not be canceled except upon thirty (30) days prior written notice to City of sucli cancellation or i'naterial cliange." e. Cover the operations of Consultaiit pursuant to tlie terms of tliis Agreement.
6.6 Indemnification. Consultant agrees to indeinnify, defend and hold liarinless City and/or any other City agei'icy, ii'icluding otlier employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any otlier City agency arising out of Consultant's (including Consultant's ei'nployees, representatives, products and subcontractors) negligent perforinance under this Agreement, excepting only such claims or actions wliicli may arise out of sole or active negligence of City and/or any otlier City agency, or any tliird parties not acting Oil behalf of, at the direction of, or under tlie control of Consultant.
6,7 Compliance With Applicable Law. Consciltant and City shall comply with all applicable laws, ordinances and codes of the Federal, State, County and city governments, witliout regard to conflict of law principles.
6.8 Independent Contractor. Tliis Agreeinent is by and between City and Consultant and is not intended, nor sliall it be construed, to create tlie relationsliip of agency, servant, employee, paitnership, joint venture or association, as between City and Consultant.
6.8.I Consultant sliall be an independent contractor and shall have no power to incur any debt or obligation for or on belialf of City. Neitlier City nor any of its officers or employees shall liave any control over tlie conduct of Consultant, or any of Consultant's employees, except as herein set foitli, and Consultant expressly warrants not to, at any time or in any manner represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is and sliall at all times remain to City a w)iolly independent contractor and Consultant's obligations to City are solely sucli as are prescribed by this Agreement.
6.8.2 Indemnification of CalPERS Deteri'nination - In tlie event tl'iat Consultant or any einployee, agent, or subcontractor of Consultant providing services under tliis Agreement claii'ns or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indeinnify, defend, and liold liarmless City for tl'ie payi'nent of any ei'nployee and/or einployer contributions for CalPERS benefits on belialf of Consultant or its einployees, agents, or sribcontractors, as well as, for tlie payinent of any pei'ialties and interest on sucli contributions wliidi would otherwise be the responsibility of City.
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6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within tlie City, even if tlie business is located outside of tlie City. Verification of a valid Soutl'i Gate business license will be required prior to stait of work and any fees associated with tlie acquisition or i'naintenance of sucli business license shall be the sole responsibility of the Consultant.
6.9 Consultant's Personnel.
6.9.1. All services required under tliis Agreement will be performed by Consultant, or under Coi'isultant's direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform SIICII services, including, without limitation, a City of Soutli Gate business license as required by the Soutli Gate Municipal Code.
6.9.2. Consultant shall be solely responsible for the satisfactory work perforinance of all persoi'inel engaged in performing services required by tliis Agreement, and compliance witli all reasonable perforinance standards established by City.
6.9.3. Consultant shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply witli all reqriirements peitaining to employer's liability, workers' compensation, unei'nployment insurance, and Social Security.
6.9.4. Consultant sliall indemnify and liold liarmless tlie City and all otlier related entities, officers, employees, and representatives froin any liability, damages, claiins, costs and expenses of any nature arising from alleged violations of personnel practices or of any acts or omissions by Consultant in connection with tlie work performed arising from this Agreement.
6.10 Copyright. No reports, maps or otlier documents produced in whole or in pait under this Agreement shall be the subject of an application for copyrigl"it by or on behalf of Consultant.
6.11 Legal Construction.
6.ll.l.This Agreement is made and entered into in the State of Califori'iia and sliall in all respects be interpreted, enforced and governed under tlie laws of tlie State of California witl'iout regard to conflict of law principles.
6.ll.2.Tliis Agreeinent shall be construed witliout regard to the identity of tl'ie persons wlio drafted its various provisions. Each and every provision of this Agreement sliall be construed as thougli eacli of the paities participated equally in tlie drafting of the same, and any rule of construction tliat a document is to be construed 8 121
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against tlie drafting paity sliall not be applicable to tliis Agreement.
6.11.3. The aiticle and section, captions and headings herein have been inseited for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
6.ll.4.Wlienever in this Agreement tlie context i'nay so require, the masculine gender shall be deeined to refer to and include tlie feminine and neuter, and tlie singular shall refer to and include tlie plural.
6.8 Counterparts. This Agreement may be executed in counterparts and, as so executed. shall coiistitute an agreement which shall be binding upon all Paities herein.
6.9 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under tliis Agreement shall operate as and be a release of City fron"i all claims and liabilities for compensation to Consultant for anything done, furnislied or relating to Consultant's work or services. Acceptance of payn'ient shall be any negotiation of City's clieck or tlie failure to make a written extra compensation claim witliin ten (10) calendar days of the receipt of tliat clieck. However, approval or payment by City shall not constitute, nor be deen'ied, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of tlie information provided and/or work performed; nor shall sucl'i approval or payment be deemed to be an assumption of sucli responsibility or liability by City for any defect or error in tlie work prepared by Consultant, its employees. subcontractors and agents.
6.10 Corrections. In addition to the above indemnification obligations, Consultant sl'iall correct, at its expense, all errors in tlie work wliicli may be disclosed during City's review of Consciltant's repoit or plans. Should Consultant fail to make such correction in a reasonably, tiinely manner, such correction sliall be made by City, and the cost tl'iereof shall be cliarged to the Consultant.
6.11 Files. All files of Consultant pertaining to City sliall be and remain the propelty of City. Consultant will control tlie physical location of sucli files during tl'ie teri'n of tl'iis Agreement and sliall be entitled to retain copies of sucli files upon termination of tliis Agreement.
6.12 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of tliis Agreement by tlie otlier Party, irrespective of tlie length of time for whicli such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such other Paity in the future. No waiver by a Party of a default or breach of tlie otlier Party shall be effective or binding upon SLICII a Party unless n"iade in writing by such Party, and no such waiyer shall be implied 9 122
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from any omissions by a Party to take any action with respect to sucli default or breach. No express written waiver of a specified defarilt or breacli sliall affect any otlier default or breach, or cover any otl'ier period of time, otlier than any defarilt or breacli and/or period of time specified. All of tlie remedies peri'nitted or available to a Party under tl'iis Agreement, or at law or in equity, sliall be cumulative and alternative, and invocation of any sucli riglit or remedy s)'iall not constitute a waiver or election of remedies witli respect to any other permitted or available rigl'it of remedy.
6,13 Mitigation of Damages. In all SLICII situations arising out of this Agreement, the Parties sliall attempt to avoid and minimize tlie dai'nages resulting from tl'ie conduct of tlie otl'ier Party.
6.14 Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or ui'ienforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.15 Attorney's Fees. The Parties hereto acknowledge and agree that each will bear liis or its own costs, expenses and attorney's fees arising out of and/or connected witl'i tlie negotiation, drafting and execution of the Agreement, and all matters arising out of or connected tl'ierewitl'i except that, in t)ie event any action is brouglit by any Paity l'iereto to enforce tliis Agreement, tlie prevailing Paity in sucl'i action shall be entitled to reasonable attorney's fees and costs in addition to all other relief to wliich that Party or those Paities may be entitled.
6.16 Entire Agreement and Amendments. Tliis Agreement constitutes the wl'iole agreement between City and Consultant, and neitl'ier Party lias made any representations to the otlier except as expressly contained lierein. Neitlier Paity, in executing or performing this Agreement, is relying ripon any statement or ii'iformatioi'i not contained in this Agreen'ient. Any amendinents, c]ianges or modifications to tliis Agreeinent must be made in writing and appropriately executed by botli City and Consultant.
6.17 Notices. Any notice required to be given hereunder shall be deemed to liave been given by email transi'nission witli confirmation of delivery and depositing said notice in the United States inail, postage prepaid, and addressed as follows:
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TO CITY:
City of South Gate
C)iris Jeffers, Interim City
Manager
8650 California Avenue
Soutli Gate, CA 90280
Email: cjeffers(2D,sogate.org
TO CONSULT ANT:
Misty Cheng
MV Cl'ieng & Associates
102 W. 24tl'i Street
Upland, CA 91784
(925) 963-9996
Agreei'nent for Professional Services
MV Clieng & Associates
WITH COURTESY COPY TO:
City Clerk's Office
Yodit Glaze, City Clerk
8650 California Avenue
Soutli Gate, CA 90280
Email: [email protected]
6.18 Warranty of Authorized Signatories. Eacli of the signatories liereto warrants and represents tliat l'ie or she is competent and authorized to enter into tliis Agreement on belialf of the Party for wliom lie or she purports to sign.
6.19 Consultation with Attorney. Consultant warrants and represents that it lias consulted witli an attorney or knowingly and voluntarily decided to forgo sucli a consultation.
6.20 Interpretation Against Drafting Party. City and Consultant agree that they l'iave cooperated in the review and drafting of tliis Agreement. Accordingly, in the event of any ambiguity, neitlier Party may claim tliat tlie interpretation of tliis Agreement sliall be construed against eitlier Paity solely because tliat Party drafted all or a portion of tliis Agreement, or tlie clause at issue.
7. EFFECTIVE DATE. The effective date of tliis Agreement is July 1, 2022, and will remain in effect through December 31, 2022, unless otlierwise teri'ninated in accordance witli the terms of tliis Agreement.
[Reinainder of page left blank intentionally.]
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IN WITNESS WHEREOF, tlie Paities hereto have caused tliis Agreement to be executed and attested by their respective officers thereunto duly autl'iorized.
CITY OF SOUTH GATE:
By:
Al Rios, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVE AS TO FORM:
By: * F&
Raril F. Salinas, City Attorney
MY CHENG & ASSOCIATES:
By:
Misty Cheng, President & CEO
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ClTYMANAaER'S OFFICE Item No. 4
JUL OR 2fl22
'5:ab(s- Ciffl of South Gate
CITY COUNCIL
AGENDA BILL
For the Regular Meeting of: July 12, 2022
Department Director:
Originatin Department: Administrative Services
Interim City Matxager: (2/
Kristo her Chris J S
SUBJECT: AMENDMENT N0. 4 TO CONTRACT N0, 2020-22-AC WITH CLIENTFIRST
TECHNOLOGY CONSULTING, LLC FOR CONTINUED IT PROJECT MANAGEMENT SERVICES PURPOSE: To approve Amendment No. 4 to Contract No. 2020-22-AC witli ClientFirst Technology Consulting, LLC ("Amendi'nent No. 4) for continued project managei'nent services related to the initial implemei'itation of the Technology Master Plan (TMP).
RECOMMENDED ACTIONS: Tlie City Council will consider:
a. Approvii'ig Ai'nendi'nent No. 4 to Contract No. 2020-22-AC witli ClientFirst Technology Consulting, LLC, retroactively effective April 1, 2021 t)irough Septei'nber 30, 2022, for continued project inanagement services for t)ie impleinentation of the Technology Master Plan in an amount not-to-exceed $48,775;
b. Authorizing tlie Mayor to execute Amendment No. 4 in a form acceptable to tlie City Attorney.
FISCAL IMPACT: The cost of Amendment No. 4 will be included in the Fiscal Year 2022/23 Municipal Budget and will be funded with ARPA funds in account 268-310-12-6101.
ALIGNMENT WITH COUNCIL GOALS: Tlie Tecl'inology Master Plan (TMP) was presented to City Council on January 28, 2020, and the City Council directed staff to move forward with tlie implementation of specific initiatives included in the TMP. Tlie TMP includes a series of acliievable projects and initiatives recommended for ii'nplementation over a six-year period tl'iat are appropriately aligned witli tlie City Council and staff's goals and objectives.
ANALYSIS: City staff relies )ieavily on technology to accoi'nplish i'nany of their daily tasks. Tlie public relies on technology to interact witli staff, to pay for City services, and to get infori'nation about wliat is happening in the City, AS Witll i'nost assets, if 70u dO 110t inVeSt ill the proper lnailltenanCe alld repairs, tile teCllllOlOgy infrastructure will soon fall into disrepair and ultimately fail. In order to avoid getting to that point, on January 28, 2020, tl'ie City Council accepted staff's proposed Technology Master Plan (TMP).
This contract will continue proyiding tlie City witli teclinology consulting services focused on improving cybersecurity readiness, updating systems to ii'nprove public safety readiness, and expanding systeins resiliency.
Tl'iis engagei'nent will coordinate the impleinentation of several significant initiatives tliat will improve system availability, IT security and provide additional flexibility to staff as outlined in tlie following section.
Additionally, Staff will be illClLldillg several initiatives frOl'n tlle six-year Technology Master Plall ill tile FY 2022-2023 Proposed Budget. Tliese initiatives will continue the City's effoits in ii'nproving our IT systems and infrastructure to serve both tlie internal needs oftlie depaitinents and, as a result, provide residents and businesses of South Gate with improved access to City services.
I
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BACKGROUND: Tectuiology is key to providing excellent custoiner service for our residents and businesses in Sout)i Gate. Over tl'ie last few years, citizens liave been requesting the ability to handle more transactions online, have more efficient interactions with City staff and greater transparency. In order to respond to tlie growing demand for tecl'inology enliancei'nents, it is imperative that tecl'inology projects and purchases going forward focus on standardization, integration and consolidation to improve the efficiency and effectiveness of delivering municipal services. To tliat end, the six-year Technology Master Plan was developed. Tlie proposed Amendment No. 4 will assist staff in continuing tlie progress tliat has been made to date on the TMP initiatives.
Amendi'nent No. 4 witli ClientFirst Tecl'inology Consulting, LLC (ClientFirst), tl'ie City's TMP Consultant, is needed so that tliey can continue to assist staff witli overall project management of t)ie TMP tlirough September 30, 2022. Contract No. 2020-22-AC was approved under the City Manager's autliority, Amendinent No. l was approved by the City Corincil on May 26, 2020, Amendment No. 2 was approved by tlie City Council oi'i Noveinber 10, 2020, and Amendi'iient No. 3 was approved by tlie City Coui'icil on July 13, 2021. Amendinent No. 4 will bring the total cost of t)ie Agreement to $347,620, as shown below.
Contract with ClientFirst Date Approved Term Ending Amount Contract Total Contract No. 2020-22-AC March 2,-2020 July 2, 2020 $48,380 $48,380 Amendment No. l May 26, 2020 September 30,
2020
$62,390 $110,770
Amendment No. 2 November 10, 2020 June 30, 2021 $88,450 $199,220 Ainendment No. 3 July 13, 2021 March 31, 2022 $99,625 $298,845 Amendment No. 4 Pending September 30,
2022
$48,775 $347,620
Tlie City Council may recall tliat tlie approved Technology Master Plan (TMP) calls for the liiring of a full-tii'ne Inforination Teclainology Manager to oversee tl'ie day-to-day operations of tlie Information Systems Division and to iinplei'nent the 82 initiatives in the TMP. As the City l'ias not yet received autliorization to liire an Infori'nation Technology Manager, tlie services of ClientFirst are needed to assist staff witli the implementation of the TMP initiatives.
Services to be provided by ClientFirst for active projects include tlie following:
* Meet wit)i tlie City's IT Team once each week and review all active projects and next steps * Final implementation of telephone system replacement project * Final decoinmissioning of on-premises Excliai'ige servers replaced by Office 365 * Iinprovei'nents to Office 365 services including delivery of pay stubs througli Google i'nail * Multi-Factor Authentication for Office 365 and other remote access metl'iods @ Mobile Device Management for laptops, tablets, and smartphones @ Developi'nent ai'id testing of a cybersecurity incident response plan For the projects listed above, ClientFirst coordinates vendor quotes, develops RFPs, and works with tlie City's IT and Purcliasing staff on procurement of equipment and services.
In summary, ClientFirst provides project inanagement and tec)'uiical expertise for the implementation of Teclinology Master Plan projects and resolution of critical IT systei'n failures as well as provides additional resources to replace aging equipment, iinproves cybersecurity and public safety readiness, coordinates priorities and moves IT forward in the City.
ATTACHMENT : Proposed Ai'nendinent No. 4 to Contract No. 2020-22-AC 2 127
Amendment No. 4 to
Contract No. 2020-22-AC
AMENDMENT NO. 4 TO CONTRACT N0. 2020-22-AC
FOR CONTINUED IT PROJECT MANAGEMENT SERVICES
BETWEEN THE CITY OF SOUTH GATE
AND CLIENTFIRST TECHNOLOGY CONSULTING
This Amendment No. 4 to Contract No. 2020-22-AC for IT Project Management Services ("Amendment No. 4") is made and entered into on July 12, 2022, by and between the City of South Gate, a municipal corporation ("City"), and ClientFirst Technology Consulting, a California limited liability cotaporation ("Consultaiit"). City and Consultant are sometimes hereinafter referred to as a "Party" and collectively referred to a "Paities."
RECIT ALS
WHEREAS, on March 2, 2020, City and Consultant executed Contract No. 2020-22-AC for Professional Services with ClientFirst Technology Consulting ("Agreement"), to provide IT Project Maiiagen'ient Services, tl'uaorigli and including July 2, 2020, in an amoruit not to exceed Forty-Eight Thousand Tliree Hundred Eighty Dollars ($48,380) (Exhibit "B"); WHEREAS, on May 26, 2020, City and Consultant executed Amendment No. 1 to Contract No. 2020-22-AC for Professional Services witli ClientFirst Technology Consulting ("Agreement"), to provide continued IT Project Management Services, tlmough and including September 30, 2020, in an amorint not to exceed Sixty-Two Thousand Tl'iree Hundred Ninety Dollars ($62,390) (Exhibit "C");
WHEREAS, on November 10, 2020, City and Consultant executed Amendment No. 2 to Contract No. 2020-22-AC for Professional Services witli ClientFirst Technology Consulting ("Agreement"), to provide continued IT Project Management Services, through and including June 30, 2021, in ai'i amoruit not to exceed Eighty-Eight Tliorisand Forir Hundred Fifty Dollars ($88,450) (Exhibit "D");
WHEREAS, on July 13, 2021, City and Consultant executed Amendment No. 3 to Contract No. 2020-22-AC for Professional Services witli ClientFirst Technology Consulting ("Agreement"), to provide continued IT Project Management Services, throrigh and including March 30, 2022, in an amount not to exceed Ninety-Nine Tliorisand Six Hundred Twenty-Five Dollars ($99,625) (Exl'iibit "E");
WHEREAS, City and Consultant desire to execute Amendment No. 4 to provide contimied IT Project Management Services, tl'irougli and including September 30, 2022, in an amount not to exceed Foity-Eight Tliousand Seven Hundred Seventy-Five Dollars ($48,775), ru'ider the terms and conditions of the Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3 and Amendment No. 4 bringing the aggregate total of tlie Agreement, Amendment No. 1, Ai'nendment No. 2, Amendment No. 3 and Amendment No. 4 to the sum of Tl'iree Hrindred Foity-Seven Thorisand Six Hundred Twenty Dollars ($347,620).
Page l of 2
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Amendment No. 4 to
Contract No. 2020-22-AC
NOW, THERF,FORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
MODIFICATION TO AGREEMENT
1.O SCOPE OF WORK. Consultant agrees to continue its services and perform the tasks identified in Exhibit "'A" and made a pait of the Agreement, Amendment No. 1, AmendmentNo. 2, AmendmentNo. 3 and tliis AmendmentNo. 4. Tlie Scope of Work may be amended from time to time by way of a written directive from City.
2.O COMPENSATION. The amount of compensation paid by City to Consultant for tlie work identified in Exhibit "A" shall not exceed the sum of Forty-Eight Thousand Seven Hundred Seventy-Five Dollars ($48,775). No additional compensation sliall be paid for any otlier expenses incurred for tasks identified in Exhibit "A," unless first approved by the Director of Administrative Services. No travel expenses to attend tusiness meetings and/or any other business, other than mileage, shall be billed to City.
EFFECT OF AMENDMENT. Except as expressly amended herein, all other terms and conditions of tlie Agreement and its Amendments, Attaclments and Exhibits attached hereto, shall remain in full force. City reserves the right to augment or reduce tl'ie scope of work as tlie City deems necessary.
IN WITNESS WHEREOF, tlie Parties liereto liave caused tliis Agreement to be executed and attested by tl'ieir respective officers thereunto duly authorized.
CITY OF SOUTH GATE:
B7:
Al Rios, Mayor
ATTEST:
B7:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
B7: DRAFT
Raril F. Salinas, City Attorney
CLIENTFIRST TECHNOLOGY CONSULTING:
By:
Tom Jackobsen, Managing Paitner
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Exhibit A
CLIENTHH5,7a OPTIMAL TECHNOLOGY GUIDANCE
TECHNOLOOY CONSULTING
June 20, 2022
Mr. Kristopher Ryan
Director of Administrative Services
City of South Gate
8650 California Avenue
South Gate, CA 90280
RE: Proposal for Continuing IT Project Management
Dear Mr. Ryan:
Please accept this letter as our proposal for ClientFirst to continue to provide project management oversight for the implementation of the Information Technology Master Plan (ITMP). We propose to continue to oversee with IT strategy, management, project oversight, project implementation and vendor coordination until at least September 30, 2022.
Our most recent project management engagement was approved in July 2021 and was bcidgeted to continue cintil March 31, 2022. Funding in the current engagement will be exhausted in mid-April 2022. Dciring this timeframe, we have worked with City staff to continue the implementation several new systems as recommended by the ITMP, including:
* Redundant internet connections to improve internet availability * New firewalls to improve the city's cyber security posture and comply with Criminal Justice Information Systems (CJIS)
* Upgraded anti-virus solution that can be managed centrally, reducing out-of-date desktop software and speeding deployment
* Security Awareness training for all staff
* Implementation of IT Help Desk software for City Hall and Police * Help Desk software will improve tracking of users' trouble ticket and request resolution.
Several critical initiatives from the Technology Master Plan are underway, including:
* Office 365 implementation is nearly complete, some final wrap-up items remain, including:
* Ability to send employee pay stubs to Gmail accounts + Decommissioning existing Exchange servers
* Core network switch infrastructure upgrade for City Hall and Police Department * Council has approved the equipment procurement, supply chain issues have delayed shipment, which is not scheduled for mid-April.
* A much-needed phone system replacement project
+ Council has approved the equipment procurement; initial installation work is scheduled for April with full implementation scheduled for later this Spring. * Multi-Factor Authentication for Office 365 and other remote access methods * Mobile Device Management for laptops, tablets, and smartphones * Development and testing of a cybersecurity incident response plan + An "user facing" version has been drafted to assist staff in identifying potential risks and properly responding to those risks.
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California lllinois North Carolina Texas 800.806.3080 Fax B88.478.0495 5 130
Continuing IT Project Management
The City has requested that ClientFirst provide information technology organization and operational consulting services to the City in order to continue implementation of the Technology Master Plan dated November 2019. The Plan recommends significant technology investments to replace obsolete eqciipment and sofiware over the next several years.
We propose to provide information technology strategy, management, implementation and advisory expertise to the City, City Information Technology, and Police Department Information Technology. Our oversight will relate to the following types of activities:
* Provide project management services related to the implementation of the following Technology Master Plan projects:
* Telephone system replacement project including telecommunications services upgrades + Ongoing efforts to receive core network switches. These products have been delayed by supply chain issues.
* We expect to assist with the implementation of the following initiatives recommended by the Technology Master Plan:
* Final decommissioning of on-premise Exchange servers. They have been replaced by Office 365.
Improvements to Office 365 services including delivery of pay stubs through Google mail
+ Implementation of Mobile Device Management (MDM) software for City-owned laptops, tablets, and smartphones.
ii City staff to coordinate any physical installation and troubleshooting s ClientFirst to:
Recommend MDM solution for procurement
Configure MDM solution for implementation
ASSiSt in troubleshooting implementation errors
Provide project management
* ImplementationofMrilti-factorAuthentication(MFA)forOffice365and,VPNandSplashtop remote access.
+ City staff to coordinate any physical installation and troubleshooting + ClientFirst to:
Recommend MFA solution for procurement
Configure MFA solution for implementation
ASSiSt in troubleshooting implementation errors
Provide project management
* Work with staff to review and validate the city's cyber security incident response plan * Work with staff to install new cybersecurity server certificates * Work with staff to improve the email relay to include employee Gmail accounts We expect to complete all project work for MDM, MFA, Office 365, telephone system replacement, and cyber security certificates by September 30, 2022.
Core switch implementation is not expected until fall 2022 due to extended supply chain issues.
Note: Completion of MDM and MFA is contingent of City procurement of recommended MDM and MFA software.
CL/ENTFIRSTTECHNOLOGY CONSULTING
OPTIMAL TECHNOLOG'f GUIDANCE
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131
Continuing IT Project Management
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Our billing rates forathese types of services are shown in the table below and depend on the levels and skill sets of the consultant(s) assigned to the project.
Administrative Staff
Consultant
Network Consultant
Proposed Work Plan
Our professional fees are based on the estimated time required to complete the conscilting requests and the individuals selected to perform the specific elements of those requests. Travel time will not be billed, but mileage will be billed at normal IRS-recommended rates.
The following is an estimated schedule for consulting services covered under this agreement:
3 Team Meetings
Oversight ofTechnology
Master Plan Projects
Project Implementation
Assistance (Hours)
j 78 1 2
156 i 2 4
72 12 60
Gmail paystubs
Cyber Security
certificates
Decommission
Exchange Servers
MDM Implementation
MFA Implementation
Telecommunications
Assistance
1 40
I 40
1 60
1 40
Hours 502
Rates
Fees $48,775
Expenses N/A
Total $48,775
40 100 56
$175 $175
CLIENTFIRST TECHNOLOGY CONSULTING
OPTIMALTECHNOLOGY GLIIDANCE
,3 4
7 132
Continuing IT Project Management
k @ & ffi & @ @ z ah @ ' @ k @ & &
ClientFirst acknowledges that other public agencies may seek to "piggyback" under the same terms and conditions of a resulting similar services contract and/or prirchases being offered in this contract or proposal. ClientFirst has the option to agree or disagree to allow contract piggybacks on a case-by-case basis. ClientFirst agrees to extend the same pricing, terms, and conditions as stated in this contract or proposal to each and every political entity, special district, and related non-profit. It is understood that other entities shall make purchases in their own name, make payment, and be liable directly to ClientFirst. The agency shall in no way be involved or responsible to ClientFirst for other entities' purchases.
We invoice monthly as work proceeds. ClientFirst will provide detailed accounting of all consulting time and expenses on the invoice. Payments are due within 45 days of receipt, via check or ACH.
If this proposal is in accordance with the City's understanding of the services to be performed by ClientFirst, please sign and date this letter, and return it, physically or electronically.
If you have any questions, feel free to contact me at 951.739.7989 or via email at [email protected] for additional information. We appreciate the continued opportunity of serving the City of South Gate.
Acceptedby za 's
City of South Gate, CA '- =-a
Signature Date
Name and Title (orint)
Sincerely,
Lje[/'!
Partner
IT Infrastructure and Operations Practice Leader
CLIENTFIRSTTecsxoroct CONSULTING
OPTIMAL TECHNOLOGY GUIDANCE
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Exhibit B
Contract No. 2020-22-AC
AQRQ.?MTI.NT Ti'OR PROFESSIONAL SERVICES
FORIT PROJECT MANAGEMENT SERVICES
BETWEEN THE CITY OF SOUTH GATE
AND .CLIENTFIRST-CONSULTING GROUP
This Agreement for Professional Services for IT Project Management Servtces ("Agreement") is made and entered into on March 2, 2020, by and between the City of South Gate, a municipal corporation ("City"), and ClientFirst ConsultinB (xoup, dba ClientFirst Technology Consulting, a Califomia limited liability company ("Consultant"). City and Consultant are sometimes hereinafter individually referredto as a "Party" and collectively as '!'arties,"
RECIT ALS
WHEREAS, City desires to retain Consultant for Information Technology (IT) Project Management;
WHEREAS, Consultantwarrants to the City that it has the qualifications, experience and facilitiesto perf'orm properly and timely the services underthisAgreetnent; and WHERFiAS, based on suchrepresentation, City desires to contractwiththe Consultant to perf'orm the services described in Exhibit "A" ofthis Agreement.
NOW, THEREFORE, the Parties hereby agree as follows:
1. SCOPE OF THE CONSUIiTANT'S SERWCES. The Consultant agrees to providethe services and perform the tasks set forth in the Proposal attached hereto as Exhibit "A" and made part ofth{s Agreement. The Scope of Work may be mnendeid from time to time by way ofa written directive mutually agreed to by City andConsultant.
2. TERM OF AGREEMENT. This Agreement will become effectlve onMarch2, 2020, and will remain lri effect for a period of four (4) months from said date or until project is completed, unless otherwiseexpresslyextended and agreedto bybothPartiesorterminatedby eitherparty asprovidedherein,
3. CITY AGENT. The Director of Administrative Senices, for the purposes of this Agreement, is the agent for the City. Whenevey approval or authorization is required, Consultant understands that the Director of Administrative Services, or designee, has tlie authority to provide that approval or authorization, 4, COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional servicesrendered and costs incurredpursuantto thisAgreement in accordance with the Consultant's fee and cost schedule included in Bxhibit "A.". No additional compensation shall be paid for any other expenses incurred unless first approved by the Directorof Administrative Services,
Pagelof8
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Contract No. 2020-22-AC
4,1 The Consultant shall submit to the City amonthly bill for services, The Cityshall paytheConsultantuponthirty(60)daysofreceiptoftheinvoice. '
4.2 No payment made hereunder by City to Consultant, other than the final payment, shall be constied w an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
CONFLICT OF mTEREST. The Consultarit represents that it presently has no interest and shall not acquire anyinterest, direct or indirem, in any real property located in the City which may be affected by the services to be performed by the Consultant under this Agreement, The Consultant further reptesents that in performance of this Agreement, no personhavingsuchinterest shall be employed byit,
5.1 The Consultant represents that no City employee or official has a material financial interestintheConsultant'sbusiness, Dur4ngthetermofthisAgreementand/orasa result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in the Consultant's business by any City employee or official.
GENERAL TERMS AND CONDITIONS,
6,1 Termination. Bither the City Agent or Consultant may terminate this Agreement, withoutcause, bygivingtheotherpartyten(10)dayswrittennoticeiofsuchtermination andthe effective datethereof.
6.1.1 Intheeventofsuchtermination,allfinishedorunfinisheddocuments,reports, photographs, films, charts, data, studies, surveys, draw'ngs, models, maps, or other documentation prepared by or in the possession of the Consultantunder tis Agreement shall be returned to the City, If the City terminates this Agreement without cause, the Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out bi]l for services rendered and fees incurred pursuant to this Agreement through the notice of termination and the provisions of Section2 related to Consultant's rightsto fee payments for recommendations implemented by City within twelve (12) months of Consultant delivering the recommendation to City shall still be applicable, If the Consultant terminates this Agreementwitliout cause, the Consultant shall be paid oiy for those services completed in a manner satisfactoiyto the City, which shall not be unreasonably determined,
6,1,2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations underthis Agreement, or if the Consultant orthe Cityviolate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by givingwrittennotice to the otherpartyof such termination aitd specifying the effective date of such terminotion. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work
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Contract No. 2020-22-AC
satisfactoxily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieived of liabilityfor damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages,
6.2 Non-Assignability. The Cormultant shall not assign or transfer any interest in this Agreement without the express priorwritten consent of the City.
6.3 Non-Discrimination. Consultant shall not discriminate againgt any employee, subcontractor, or applicant for employment because ofrace, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuantto this Agreement and will comply with all applicable laws, ordinances and codes ofthe Federal, State, County, and City governments.
6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following mium insutance requirements no less than one (1) day priorto begining of performance underthis Agreemexit:
a) Workers' Compensation Insurance as required by law. The Consultant shall require all subcontractors similarlyto provide such compensation insurance fortheirrespective employees.
b) Comprehensive genetal and automotive liability insurarice protecting the Consultantinamountsnotlessthan$1,000,000forpersonalinjuryto anyone person, $1,000jOOO for injuries afflslng out of one occvrence, attd $500,000 for propertydamages or a combined single limit of $1,000,000. Each such policy of insuranceshall:
Be issued by a financially responsible irisurance company or companies admitted or authorized to do business in the State of California or which is approved in writinB by theCity, Name aiid list as additional insured the City, its officers and employees.
iii, Specifyitsactsasprimai7insurancc,
Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled exoept upon thirty (30) days prior written notice to the City of such cancellation or materialchange."
v. Cover the operations of the Consultant pursuant to the terms of this Agreemexit,