HomeMy WebLinkAboutAGMT - Kleinfelder, Inc. (PW Yard Fueld Tank Replacement) f44-61-40( em4,1
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PROFESSIONAL SERVICES AGREEMENT
between
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City of Seal Beach
211 8 Street
Seal Beach CA 90740
(hereinafter "City")
and
Kleinfelder, Inc.
1370 Valley Vista Drive
Suite 150
Diamond Bar CA 91675
(hereinafter "Consultant ")
for
PW YARD FUEL TANKS REPLACEMENT, 001 - 49692 - 052
Contract No. 98002
411 III
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into this g_L_ d ay of /Pen. , by and
be een the CITY OF SEAL BEACH (hereinafter called "City"), and
L E/i(WA ELDER j , , (hereinafter called "Consultant ").
RECITALS •
WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of
the State of California as a Charter City, with the power to carry on its business as it is now being
conducted under the Statues of the State of California and the Charter of the City; and
WHEREAS, the City requires the services of a Consultant to provide the professional services as
described in the Scope of Services;
WHEREAS, the Consultant is able and willing to perform the required services under the terms
and conditions of this Contract;
NOW, THEREFORE, the parties do mutually agree as follows: -
SECTION 101
101.1 CONSULTANT SERVICES. Consultant, as an independent contractor, agrees to
perform during the term of this Agreement, each and every service set forth on the "Scope of
Services" attached to this Agreement as Exhibit "A ". The initiation of service by the Consultant
will commence upon receipt of a written notice from the Designated Official authorizing
Consultant to proceed, and only to the extent of such authorization. The services of the consultant
shall include the making of all investigations, studies, and analysis required by the conditions
involved in each request of the Designated Official.
101.2 TIME OF PERFORMANCE. Consultant shall complete all services set forth in
"Schedule ", Exhibit C, Schedule. The foregoing time schedule may be modified by the mutual
written consent of the parties hereto. ,
101.3 COMPENSATION. The City will pay for the services of Consultant as indicated on the
"Schedule of Compensation" which is set forth in Exhibit `B ". No payment for expenses or labor
shall be paid by City unless it is related to a service which is referred to in the "Schedule of
Compensation ". The total cost to the City shall not exceed the amount designated in Exhibit `B ",
without the written approval and authorization of the City Council.
101.4 PAYMENT. The City will pay for services of the Consultant according to the progress
payments schedule established in the Schedule of Compensation. City's payment to Consultant
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shall be made within thirty (30) days of the date of completion of each phase as set forth in the
progress schedule.
101.5 INDEPENDENT CONTRACTOR. Consultant and its subcontractor(s) shall act
hereunder as independent contractors, and shall have no power to incur any debt or obligation for
City. Neither City or any of its officers or employees shall have any control over the conduct of
Consultant, or any of Consultant's employees or subcontractor, except as herein set forth, and
Consultant expressly warrants no to, at any time or in any manner, represent that it, or any of its
agents, servants, subcontractors or employees, are in any manner agents, servants or employees of
City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly
independent contractor and Consultant's obligations to City are solely such as are prescribed by
this Agreement.
101.6 ASSIGNMENT. This Agreement may not be assigned in whole or in part, without the
prior written consent of City.
101.7 DOCUMENT OWNERSHIP. Each and every report, draft, instrument of service, map,
record, and other document reproduced, prepared, or caused to be prepared by the Consultant
pursuant to or in connection with this Agreement shall be the exclusive property of the City. City
acknowledges and agrees that all reports, drafts, instruments of service, maps, records, and other
documents prepared by Consultant pursuant to this Agreement shall be used exclusively on this
project and shall not be used for any other work without the written consent of Consultant. In the
event City and Consultant consent permit the reuse or other use of the reports, drafts, instruments
of service, maps, records, and other documents, City shall require the party using them to
indemnify and hold harmless City and Consultant regarding such reuse or other use, and City shall
require the party using them to eliminate any and all references to Consultant from the reports,
drafts, instruments of service, maps, records, and other documents. This paragraph shall not
restrict the duties of the City under the public records act.
101.8 CITY LIASON. Consultant shall perform under the general supervision of the Director of
Public Works of City or his designee, and all communications, instructions and directions on the
part of the City shall be communicated exclusively through the Director of Public Works or his
designee.
101.9 PERSONNEL. Consultant represents that it has, or shall secure at its own expense, all
personnel required to perform Consultant's services under this Agreement. Consultant may
associate or employ associates or subcontractors in the performance of it services under this
agreement, but all times' shall be responsible for their services.
101.10 INSURANCE. Consultant shall procure at its sole expense and maintain in force
throughout the entire term of the Agreement insurance as indicated below. Consultant shall
submit to City certificates indicating compliance with the following minimum insurance
requirements not less than one day prior to the beginning of performance of this Agreement.
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Statutory Workers' Compensation Insurance with Employer's Liability in an amount not
less than $1,000,000 covering all employees of Consultant performing services under this
Agreement.
Comprehensive Commercial Liability Insurance including Blanket Contractual Liability
and Broad Form Property Damage coverage in an amount not less than $1,000,000
combined single limit of liability.
Business Auto Liability Insurance including coverage for Hired and Non -owned Autos in
an amount not less than $1,000,000 combined single limit of liability.
Professional Liability Insurance in an amount not less than $1,000,000 each occurrence
and annual aggregate covering any negligent act, error or omission of the Contractor for
services performed under this Agreement.
101.11 MISCELLANEOUS INSURANCE REQUIREMENTS.
101.11.1 Contractor's Insurance Primary. In the event of claim or loss, any insurance
purchased by the Contractor shall be primary. The City's insurance shall not contribute
with Contractor's in the settlement or payment of any loss or claim.
101.11.2 Policy Requirements. Each policy of insurance shall:
1. Be issued by an insurance company which is an admitted insurer in the State of
California.
2. Specify that it acts as primary insurance.
3. Name and list as additional insured the City, its officers, agents, and employees except
for the Professional Liability Insurance and Worker's Compensation Insurance.
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4. Contain a clause substantially in the following words, "It is hereby understood and
agreed that this policy shall not be canceled or materially changed except upon thirty
(30) day's prior written notice to the City of Seal Beach of such cancellation or
material change a evidenced by a return receipt for a registered letter."
101.11.3 Evidence of Insurance. The Contractor shall provide the City with Certificates
of Insurance evidencing each of the coverage's procured to satisfy the requirements of this
Agreement.
101.11.4 Failure to Secure. If the Consultant at any time during the term hereof should
fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such
insurance in the Consultant's name or as an agent of the Consultant and shall be
compensated by the Consultant for the costs of the insurance premiums at the maximum
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rate permitted by law computed from the date written notice is received that the premiums
have been paid.
101.11.5 Subrogation Waiver. Consultant agrees that in the event of loss due to any of
the perils for which it has agreed to provide insurance, that the Consultant shall look solely
to its insurance for recovery. Consultant hereby grant to City, on behalf of any insurer
providing insurance to either Consultant or City with respect to services of Consultant
herein, a waiver of any right of subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance.
101.12 INDEMNIFICATION. Consultant shall indemnify the City and its officers, employees
and agents against, and will hold and save them and each of them harmless from, any and all
actions, claims, damages to persons or property, penalties, obligations or liabilities that may be
asserted or claimed by any person, firm, entity, corporation, political subdivision or other
organization arising out of the negligent or intentional tortious acts, errors or omissions of
Consultant, its agents, employees, subcontractors, or invitees.
Consultant will defend the City, its officers, agents and employees from and against any action or
actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and
will pay all costs and expenses, including attorney's fees for counsel of City's choice incurred in
connection herewith;
Consultant will promptly pay any judgment rendered against the City, its officers, employees or
agents for any such claims, damages, penalties, obligations or liabilities:
In the event , its officers, employees or agents is made a party to any action or proceeding to any
action or proceeding filed or prosectued against Consultant for such damages or other claims
arising out of or in connection with the sole negligence of Consultant hereunder, Consultant
agrees to pay City, its officers, employees or agents, any and all costs and expenses incurred by
City, its officers, employees or agents in such action or proceeding, including but not limited to,
reasonable attorney's fees.
101.13 TERMINATION OF AGREEMENT. This Agreement may be terminated without
cause by City upon ten (10) days' written notice to the Consultant without further action by the
City. This Agreement may be terminated by the Consultant upon thirty (30) days' written notice
to the City. In the event the City terminates this Agreement as provided above, Consultant shall
terminate work at the earliest possible point, and complete all attendant reports and/or graphic
representations, conceptual plans, construction plan, or construction specifications. The City shall
compensate the Consultant proportionately for work, provided such work is in a form useable to
the City.
Notice. Any notice required to be given to the Consulant shall be deemed duly and properly given
upon mailing, postage prepaid, to:
(Insert Address)
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or personally delivered to Consultant at such address or other address specified to the City in
writing by Consultant.
Any notice required to be given to the City shall be deemed duly and properly given upon mailing,
postage prepaid, to:
Attn: Director of Public Works
City of Seal Beach
211 Eighth Street
Seal Beach CA 90740
or personally delivered to City at such address or address specified to the Consultant in writing by
the City.
101.14 STANDARD OF PERFORMANCE. The Consultant shall perform and require its
Subcontractors to perform the Services in accordance with the requirements of this Agreement
and in accordance with professional standards of skill, care and diligence adhered to by firms
recognized for their expertise, experience and knowledge in performing services of a similar
nature. The Consultant shall be responsible for the professional quality, technical accuracy,
completeness, and coordination of the Services, it being understood that the City will be relying
upon such professional quality, accuracy, completeness, and coordination in utilizing the Services.
The foregoing obligations and standards shall constitute the "Standards of Performance" for the
purposes of this Contract.
The Consultant shall carefully study this Contract, shall verify all figures in these Contract
• Documents before performing the Services; shall promptly notify the City of all errors,
inconsistencies, and/or omissions that it discovers; and, in instances where such non - conformities
are discovered, shall obtain specific instructions in writing from the City before Consultant's
proceeding with the Services. Any Services affected which are performed prior to the City's
decision shall be at the Consultant's risk. The Consultant shall not take advantage of any apparent
non - conformity that may be found in this Contract. The City shall be entitled to make such
corrections therein and interpretations thereof as it may deem necessary for the fulfillment of the
intent of this Contract. Omissions or misdescriptions of any Services that are manifestly necessary
to carry out the intent of this Contract, or that are customarily performed, shall not relieve the
Consultant from performing such Services at no additional expense and/or delay, and such
Services shall be performed as if fully and correctly set forth in this Contract.
101.15 WARRANTY. The Consultant warrants that all Services shall be in accordance with this
Contract and shall comply with the Standard of Performance for a period of one year from final
acceptance of the Services. In the event of breach of this warranty, the Consultant shall take the
necessary actions to correct the breach and the consequences thereof, at the Consultant's sole
expense, in the most expeditious manner as permitted by existing circumstances. If the Consultant
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does not promptly take steps to correct the breach upon notification thereof by the City, the City
without waiving any other rights or remedies it may have at law or otherwise, may do or cause
others to do so, and the Consultant shall promptly reimburse the City for all expenses and costs
incurred in connection therewith.
101.16 DATA AND SERVICES TO BE FURNISHED BY CITY. Consultant shall deliver to
the City the studies, plans, specifications, or other documents as are identified in the Scope of
Services; and Consultant shall upon completion of all work, submit to the City all information
developed in the course of the Consultant's services. Consultant shall, in such time and in such
form as the City may require, furnish reports concerning the status of services required under this
Agreement. Consultant shall, upon request by City and upon completion or termination of this
Agreement, deliver to the City all material furnished to Consultant by the City.
101.17 CONFIDENTIALITY. Consultant shall not disclose, publish, or authorize others to
disclose or publish, design data, drawings, specifications, reports, or other information pertaining
to the projects assigned to consultant by the City or other information to which the consultant has
had access during the term of this agreement without the prior written approval of the designated
Official during the term of this Agreement and for a period of two (2) years after the termination
of this agreement.
101.18 RECORDS. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by the City or the Designated
Official. The Consultant shall maintain adequate records on services provided in sufficient detail
to permit an evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide access to the Designated Official or his designees at all proper times to
such books and records, and gives the Designated Official or his designees the right to examine
and audit such books and records and to make transcripts as necessary, and to allow inspection of
all work, data documents, proceedings, and activities related to this Agreement.
101.19 ASSIGNMENT. This agreement is personal to the Consultant and the Consultant's
Representative. Any attempt at assignment by the Consultant shall be void unless approved in
writing by the Designated Official. Consultant's services pursuant to this Agreement shall be
provided by the Consultant's Representative or directly under the supervision of the Consultant's
Representative and Consultant shall not assign another to supervise the Consultant's performance
of this Agreement without the prior written approval of the City, by and through the designated
Official.
101.20 SAFETY REQUIREMENT. All work performed under this Agreement shall be
performed in such a manner as to provide safety to the public and to meet or exceed the safety
standards outlined by CAL -OSHA. The City reserves the right to issue restraint or cease and
desist orders to the Consultant when unsafe or harmful acts are observed or reported relative to
the performance of the work under this agreement. The Consultant shall maintain the work sites
free of hazards to persons and property resulting from its operations. Any hazardous condition
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noted by the Consultant which is not the result of his operations shall be immediately reported to
the City.
101.21 NUISANCE. Consultant shall not maintain, commit, or permit the maintenance or
commission of any nuisance in connection with the performance of services under this Agreement.
101.22 PERMITS AND LICENSES. Consultant, at its sole expense, shall obtain and maintain
during the term of this Agreement, all appropriate permits, licenses, and certificates that may be
required in connection with the performance of services under this Agreement.
101.23 CONFLICT OF INTEREST. Consultant covenants that neither consultant, nor any
officer thereof, has any interest, nor shall they acquire any interest, directly or indirectly which will
conflict with in any manner or degree with the performance of the Consultant services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by Consultant. Consultant further covenants that
Consultant has not contracted with nor is the Consultant performing any services directly or
indirectly, with any developer and/or property owners and/or firms, and/or partnerships owning
property in the City, and further covenants and agrees that Consultant and/or its subcontractors
shall provide no service or enter into any contact with the Developer and/or property owner
and/or firms, and/or partnerships owning property in the City prior to the completion of this
Agreement.
101.24 WAIVER A waiver by the City of any breach of any term, covenant, or condition
contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant, or condition contained in this Agreement whether of the same
or different character.
101.25 COST OF LITIGATION. If any legal action is necessary to enforce any provision of
this Agreement or for damages by reason of any alleged breach of any provisions of this
Agreement, the prevailing party shall be entitled to receive from the losing party all costs and
expenses in such amount as the court may determine to be reasonable. In awarding the cost of
litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of
justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in
good faith.
101.26 SEVERABILITY. If any part, term, or provision of this Agreement shall be held illegal,
unenforceable, or in conflict with any law of a federal, state, or local government having
jurisdiction over this Agreement, the validity of the reminding portions or provisions shall not be
affected by such holding.
101.27 INTEGRATED CONTRACT. This Agreement represents the entire Agreement
between the City and the Consultant and all preliminary negotiations and agreements are deemed
a part of this Agreement. No verbal agreement or implied covenant shall be held to vary the
provisions of this Agreement. This Agreement shall bind and inure to the benefit of the parties to
this Agreement and any subsequent successors and assigns.
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101.28 CHOICE OF LAW . The terms of this Agreement shall be interpreted according to the
laws of the State of California.
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In recognition of the obligations stated in this Agreement, the parties have executed this
Agreement on the date indicated above.
CONSULTANT: CI
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Attest: Approved as to form:
By: /l/J`J10u / By: / 'tttliv-/
Name: a 1 Name: QL/Ii g 4 i oto ln�
Title: 00 X 810.. ,� 3U5/()i6 I T °IIWE
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: . EXHIBIT A
SCOPE OF SERVICES
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CITY OF SEAL BEACH
REMOVAL AND REPLACEMENT OF UNDERGROUND
FUEL STORAGE TANKS
SECTION 1
SCOPE OF WORK
The tasks described below present the proposed scope of work for the for removal and
replacement of two underground fuel storage tanks at the Seal Beach City Yard hereinafter
referred to as "the project' . Kleinfelder has reviewed the Request for Qualifications (City of
Seal Beach, 1997) and the Request for Proposal (City of Seal Beach, 1998) and has scoped the
project on the basis of those two documents as well as from the results of a Project Meeting held
between representatives of the City of Seal Beach and Kleinfelder, on December 30, 1997.
Figure 1 in Section 2 presents the organizational chart of Kleinfelder's Key Project Personnel.
Task 1- Administration and Management
1.1 Project Kick -Off Meeting
Upon receiving a Notice To Proceed from the City of Seal Beach, Kent Zenobia, Kleinfelder's
Project Manager will arrange to meet with representatives from the City to verify that the scope
of work, project schedule, and project costs associated with this proposal are clearly defined and
sufficient for the project requirements.
1.2 Work Plan
The functional equivalent of a work plan is included as part of the Design Basis Report described
in Task 2 below. Instead of creating several project plans and design volumes, Kleinfelder will
prepare a single document to guide the design, procurement, construction and quality control
aspects of the project.
1.3 Status Meetings
During the course of the project, Kent Zenobia, Kleinfelder's Project Manager shall be
programmed to meet monthly with representatives from the City to review the status of the
project. Kleinfelder estimates that monthly status meetings will be needed during the projected 31
week construction schedule. During the field activities, weekly status meetings can be conducted
at the site with Kleinfelder's site supervisor.
1.4 Schedule and Milestones
After the project requirements are finalized, Kleinfelder shall revise the project schedule (see
Figure 2). Adherence to the schedule shall be a top priority for the project team who's
experience in design/build projects will help assure the timeliness of project deliverables.
1.5 Public Meetings
Kent Zenobia, Kleinfelder's Project Manager shall attend two public meetings to assist the staff
from the City of Seal Beach. Mr. Zenobia's participation in the two public meetings is based on
an average meeting duration of 4 hours with 2 hours of preparation time included. Projects costs
for presentation materials have not been included in the cost proposal in Section 3 because the
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requirements cannot be accurately estimated at this time. Participation of additional Kleinfelder
personnel and/or the need for presentation materials will be agreed upon by the city of Seal
Beach and Kleinfelder and associated costs will be accrued at negotiated project charge rates.
Task 2 - Conceptual Design
This task will involve the preparation of Design Basis Report that shall include the conceptual (30
percent) design and a project staging plan for the improvements to the facility in accordance with
the Request for Qualifications (RFQ) and the results of the kick -off meeting. Kleinfelder has
made preliminary contact with the Orange County Fire Authority regarding approval for an
aboveground storage tank system with capacity greater than 2,200 gallons (telecon, K. Zenobia,
Kleinfelder and Brett Petroff, OCFA, 1/12/98). The results of the conversation indicated that
there is little possibility of getting a variance, so this proposal is based on a UST system.
Kleinfelder shall perform a site and utility survey, and key design team members shall conduct a
site reconnaissance. During the site visit, Kleinfelder shall evaluate the physical site conditions
and clearances, and interview facility personnel to identify the operational constraints and
performance requirements of the facility. The data collected during the site survey and
reconnaissance shall be the basis for the Design Basis Report. The Design Basis Report shall
include the following:
1. an introduction and project understanding
2. summary of regulatory and permitting requirements _
3. health and safety requirements
4. UST removal and closure considerations
5. new system design alternatives for proposed construction and placement of new tanks and
appurtenances at the site
6. project staging plan with:
• provisions for ensuring a constant fuel supply during construction
• an equipment storage plan to minimize the impact of the construction activities on
the facility
• 30 percent engineering drawings and equipment specifications
• revised project work flow diagram/time line
7. engineering estimates for tank removal and new system construction (see Tasks 3 and 4,
below)
8. a contingency plan for excavating, handling, and sampling of soils impacted by petroleum
products that are encountered during the work.
Figure 3 (attached) presents a plan view of the site with a suggested orientation of the fuel
dispensing station.
Task 3 - Engineering Estimate for the Removal and Closure of the Existing Fueling Facility
As part of the Design Basis Report, Kleinfelder shall prepare an engineering estimate for the
removal and closure of the existing fueling facility. The engineering estimate shall be prepared as
a spreadsheet summary table and included in the Design Basis Report. The costing for the
subtasks shall be supported by quotations from the appropriate sub - contractors, suppliers, and
standard estimating methods (Means, etc.) based on Kleinfelder's experience on similar projects.
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Task 4 - Engineering Estimate for the Construction of the New Fueling Facility
The engineering estimate for construction for the new fueling facility shall also be presented in the
Design Basis Report as a spreadsheet summary table with the subtask costs backed up using an
accepted estimating method. Based on the results of facility personnel interviews conducted as
part of Tasks 1 and 2, and our experience on similar projects, Kleinfelder shall prepare a list of at
least three vendors for each of the major system components. Major system components may
include:
• two compartment, double wall underground storage tank;
• double wall corrosion resistant underground piping;
• product dispensing systems;
• automatic, electronic leak detection system for tanks and piping; and
• fuel inventory management system.
Kleinfelder retains a Class A contracting license, has diverse experience with construction' projects
similar to this one and shall act as the general contractor.
Task 5 - Develop Project Plans and Specifications
After the City of Seal Beach has reviewed and commented on the Design Basis Report,
Kleinfelder shall revise the project plans and specifications to 100 percent completion. The 100
percent design package shall be of sufficient detail to facilitate the permitting, procurement and
construction portions of the project.
Task 6 - Prepare Permitting Documents
This task shall involve assisting the City of Seal Beach in securing the necessary permits for
completion of the work. Using the project plans and specifications from the 100 percent design
package, Kleinfelder shall prepare and submit applications for permits from the appropriate
departments or agencies (public works, planning, etc.), Regional Water Quality Control Board
(RWQCB), South Coast Air Quality Management District, Orange County Fire Authority,
Orange County Department of Environmental Health, and other agencies as appropriate.
Task 7 - Procure and Install All Tanks, Pumps, Monitoring Equipment and Piping
This task shall involve the final selection and procurement of equipment and labor, and execution
of the construction phase of the project. Kleinfelder shall utilize the City of Seal Beach's design
review comments to select the equipment and services that provide a cost- effective design.
Kleinfelder will then ask the selected bidders to submit a "best and final" offer based on the final
design. A final review of the plans and specifications in relation to the subcontractor's offers shall
be made before orders are placed.
Kleinfelder shall coordinate equipment delivery so that construction can commence as soon as
possible after the suppliers and subcontractors have been selected. Kleinfelder shall manage the
construction of the project to adhere to the project schedule and to verify that the work effort
conforms to the design intent of the drawings and specifications. Figure 2 presents an example of
a work flow diagram/time line that will be used to administer the construction phase of the
project.
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As part of completion and final approval of the project, Kleinfelder shall coordinate training for
City of Seal Beach personnel on the proper operation of the new system. In addition, we shall
prepare and submit Record Documents to the City, including "as- built" drawings and operation
and maintenance manuals.
Task 8 - Remove and Dispose of Existing Equipment through Certified Facility
This task shall involve those activities associated with excavation, removal, and disposal of the
two existing 5,000 - gallon USTs and appurtenances, including sampling and reporting as required
by the Orange County Department of Environmental Health and the RWQCB. Kleinfelder shall
include technical specifications for the removal activities in the design documents prepared under
Tasks 2 and 5. Furthermore, procurement of the UST removal subcontractor shall be combined
with the procurement procedures for the installation contractor as described in Tasks 7 and 8.
The benefits of selecting one subcontractor to perform the installation and removal activities are:
• fewer parties are involved which shall simplify implementation of the staging plan;
• the two activities require similar equipment, therefore, there will be a cost benefit due to
lower overall mobilization costs; and
• less space will be required for construction activities.
A Kleinfelder employee shall be present during the UST removal operations to monitor the
excavation and removal activities, document the condition of the USTs and associated piping, and
collect soil samples from the UST and piping excavations as necessary to assess the soil
conditions. Samples shall be analyzed by a State of California certified laboratory in accordance
with Regional Water Quality Control Board requirements. The USTs and demolition rubble shall
be removed from the site and disposed by the excavation contractor. Disposal certificates shall be
issued to the City of Seal Beach after the USTs have been destroyed. For cost effectiveness, the
Kleinfelder employee responsible for construction shall be trained, experienced and certified to
perform UST closure observation and sampling. Following completion of all removal activities, a
closure report shall be prepared and submitted to the Orange County Department of
Environmental Health with copies to the RWQCB.
Task 9 - Soil Management
This task shall involve those activities associated with excavation and handling of petroleum
impacted soils which may be encountered upon removal of the UST and associated piping. Using
the approved soil management plan prepared as part of the Design Basis Report (Task 2),
Kleinfelder shall be prepared to properly manage petroleum impacted soils at the site.
Additionally, as part of the design review and project kick -off, Kleinfelder will request input from
the City's remediation consultant to develop reporting protocols and action procedures to
mitigate any construction delays.
Task 10 - New Computerized Monitoring System
This task will involve those activities associated with installing a new computerized tank
monitoring system and fuel management system. The technical specifications and design for the
new system will be performed as part of Tasks 2 and 5. System procurement, installation, and
construction management will be performed as part of Task 7.
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EXHIBIT B
Schedule of
Compensation
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PW Yard Fuel Tank Replacement
SUMMARY
Number Tasks Amount
Task 1 Administration and Management $ 5,916
Task 2 Conceptual Design $ 11,561
Task 3 Engineering Estimate - Removal and Closure $ 1,527
Task 4 Engineering Estimate - Construct New Facility $ - 2,144
Task 5 Develop Plans and Specifications $ 6,397
Task 6 Prepare Printing Documents $ 3,742
Task 7 Procure and Install Equipment $ 65,367
Task 8 Remove and Dispose of Existing Equipment $ 22,176
Task 9 Soil Management $ 2,005
Task 10 Computer Monitoring System $ 2,385
Not to exceed without written Authorization $ 123,220
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