Charles Abbott Associates Inc On-call (2014) Lk! First Amendment to Agreement between the City of
Rancho Palos Verdes and Charles Abbott Associates, Inc.
This agreement is an amendment ("Amendment") to the on-call engineering and
public works support services agreement between the City of Rancho Palos Verdes
("CITY") and Charles Abbott Associates, Inc. ("CONSULTANT"), dated September 18,
2012 ("Agreement"). This Amendment is effective as of February 18, 2014, and is being
made to utilize part of the funds in the Agreement toward a particular project in which
prevailing wages must be paid.
Section 1. Section 2.1 of the Agreement is hereby amended to read as
follows:
"Upon CITY's request, CONSULTANT shall submit a proposal for a particular
project, including a scope of work and total cost for services ("Proposal"). Once CITY
accepts a Proposal as submitted or amended and issues a written Notice to Proceed
therefor, CITY agrees to compensate CONSULTANT in accordance with the total cost
for services listed in the Proposal, and in any case an amount not to exceed twenty-five
thousand dollars ($25,000) for a single service and sixty thousand dollars ($60,000) per
fiscal year for services as described in Article 1. On-call services that are reimbursed
by a trust deposit shall not count towards the maximum amounts CONSULTANT shall
be paid for such services. If the CITY requests any work that is beyond the scope of
work listed in the Proposal, the CITY and CONSULTANT shall negotiate the scope of
work and fees for this extra work in accordance with CONSULTANT's Schedule of
Fees, which is attached hereto as Exhibit "A" and incorporated herein by this reference,
up to the twenty-five thousand dollars ($25,000)for a single service maximum amount.
Upon mutual agreement of the scope of work and fees, the City shall issue a written
Notice to Proceed therefor. The rates in Exhibit "A" shall remain in effect through at
least June 19, 2013. Thereafter, if CONSULTANT wishes to increase the rates set
forth in Exhibit "A," CONSULTANT shall give CITY ninety (90) days prior written notice
of the rate increase.
Notwithstanding the foregoing, with respect to the land surveying services
provided to the CITY by CONSULTANT in relation to the FY 2011-2012 Arterial Roads
Rehabilitation Project— Palos Verdes Drive East project ("PVDE project"), the amount
billed to the City for the PVDE project shall not exceed twenty-four thousand dollars
($24,000); the PVDE project is a public work to which prevailing wages apply, and the
rates in Exhibit "A" shall not be applicable to the PVDE project. The Terms for
Compliance with California Labor Law Requirements is attached hereto as Exhibit "B"
and incorporated herein by this reference."
Section 2. Except as expressly amended by this amendment to the
Agreement, all of the other provisions of the Agreement shall remain in full force and
effect as written in the Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date and year first above written.
Dated: CHARLES ABBOTT ASSOCIATES, INC.
("CONSULTANT")
By: 46?, QJ
Printed Name: _ ` A _ •
Title.
By:
Printed Name:
Title:
CITY OF RANCHO PALOS VERDES
("CITY")
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By:
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ATTEST.. r.
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City Clerk
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R6876-0001\1349509v1.doc
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January 17, 2014
Mrs. Nicole Jules
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Re: Proposal to perform inspection oversight on the rehabilitation of Palos Verdes Drive East for
fiscal year 2011-2012
Description of work: Inspection oversight on the rehabilitation of Palos Verdes Drive East from
Vista Del Mar to the City northerly limits. The project oversight will consist of overseeing the
full time Anderson Penna Partners field inspector and also a full time soils inspector.
Dear Nicole:
Thank you for the opportunity to propose to perform project oversight throughout your Palos
Verdes Drive East rehabilitation job for the city of Rancho Palos Verdes. We are excited to
provide this service to you and we are committed to your satisfaction.
Our understanding is that you would like Charles Abbott Associates inspector, Jim Pugh,to
oversee the below work:
I Assure plans and specifications are followed throughout the entire job
I Oversee the full time on site construction inspector
I Oversee the full time on site soils technician from Laboratories
✓ Dialogue with the City Engineers on a daily basis to give job status
I Help approve job quantities
I Assure that quality control is at its highest guidelines at all times
I Assure the job moves forward with the City's and residents best interest in mind
It is our understanding that you would like a proposal for daily part time inspection oversight for
the project duration of 60 working days at 4 hours per day. Charles Abbott Associates hourly rate
is $97.00 per hour and the total dollar amount would be$23,280.
Please let me know if you have any questions.
Sincerely,
CHARLES ABBOTT ASSOCIATES INC.
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Exhibit oBw
STANDARD HouRLY RATE SCHEDULE
Effective July 1,2013
CLASSIFICATIONHR�Y CLASSIFICATION Y
Principal Engineer 175.00 Principal Building Official 145.00
City Engineer 165.00 Building Official 122.00
Project Supervisor 145.00 Senior Building Inspector 110.00
Project Manager 135.00 Building Plan Checker 97.00
Project Engineer 130.00 Building Inspector/Plan Checker 90.00
Sr.Registered Engineer 125.00 Code Enforcement Officer 75.00
Senior Design Engineer 115.00 Permit Specialist 66.00
Associate Engineer 110.00
Assistant/Design Engineer 98.00 Community Development Director 145.00
Principal Planner 132.00
Senior Traffic Engineer/Manager 150.00 Senior Planner 107.00
Transportation Planner 110.00 Associate Planner 97.00
Traffic Engineer Associate 95.00 Planning Technician 68.00
Sr.Damson(CADD) 90.00 Landscape Director 116.00
Draftsperson(CARD) 80.00 Associate Landscape Architect 95.00
Computer Technician 80.00 City Forester 88.00
Senior Environmental Consultant 145.00 Expert Witness Services 200.00
Environmental Engineer/Scientist II 115.00 Senior Contract Administrator 107.00
Environmental Engineer/Scientist I 92.00 Administrative Assistant 57.00
Associate Environmental Engineer 87.00 Word Processor 50.00
Clerical 45.00
Senior Public Works Inspector 102.00
Public Works Inspector 98.00
3-Person Survey Crew 270.00
2-Person Survey Crew 210.00
The above hourly rates include general and administrative overhead andfses and employee payroll
burden.
,
Exhibit "B":
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Charles Abbott Associates, Inc. ("Consultant") acknowledges that the FY
2011-2012 Arterial Roads Rehabilitation Project — Palos Verdes Drive East project, as
further defined in the amendment ("Amendment"), dated February 18, 2014, to the on-
call engineering and public works support services agreement between the City of
Rancho Palos Verdes ("City") and Consultant, dated September 18, 2012
("Agreement"), to which this Terms for Compliance with California Labor Law
Requirements is attached and incorporated by reference, is a "public work" as defined
in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor
Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject
to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules
and regulations established by the Director of Industrial Relations ("DIR") implementing
such statutes. Consultant shall perform all work on the project as a public work.
Consultant shall comply with and be bound by all the terms, rules and regulations
described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in
certain contracts. The inclusion of such specific provisions below, whether or not
required by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of
per diem wages for each craft, classification, or type of worker needed to perform the
Agreement are on file at City Hall and will be made available to any interested party on
request. Consultant acknowledges receipt of a copy of the DIR determination of such
prevailing rate of per diem wages, and Consultant shall post such rates at each job site
covered by this Agreement.
4. Consultant shall comply with and be bound by the provisions of Labor
Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to
workers and the penalties for failure to pay prevailing wages. The Consultant shall, as
a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion
thereof, for each worker paid less than the prevailing rates as determined by the DIR for
the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Consultant or by any subcontractor.
5. Consultant shall comply with and be bound by the provisions of Labor
Code Section 1776, which requires Consultant and each subcontractor to: keep
accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection
as provided by Section 1776; and inform the City of the location of the records.
6. Consultant shall comply with and be bound by the provisions of Labor
Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8,
section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for
all apprenticeable occupations. Prior to commencing work under this Agreement,
Consultant shall provide City with a copy of the information submitted to any applicable
apprenticeship program. Within sixty (60) days after concluding work pursuant to this
Agreement, Consultant and each of its subcontractors shall submit to the City a verified
statement of the journeyman and apprentice hours performed under this Agreement.
R6876-0001\1349509v1.doc
7. Consultant acknowledges that eight (8) hours labor constitutes a legal
day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section
1813 concerning penalties for workers who work excess hours. The Consultant shall,
as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the
performance of this Agreement by the Consultant or by any subcontractor for each
calendar day during which such worker is required or permitted to work more than eight
(8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in
excess of 8 hours per day, and 40 hours during any one week shall be permitted upon
public work upon compensation for all hours worked in excess of 8 hours per day at not
less than 11/2 times the basic rate of pay.
8. California Labor Code Sections 1860 and 3700 provide that every
employer will be required to secure the payment of compensation to its employees. In
accordance with the provisions of California Labor Code Section 1861, Consultant
hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and
will comply with such provisions before commencing the performance of the work
of this contract."
9. For every subcontractor who will perform work on the project, Consultant
shall be responsible for such subcontractor's compliance with Chapter 1 and Labor
Code Sections 1860 and 3700, and Consultant shall include in the written contract
between it and each subcontractor a copy of those statutory provisions and a
requirement that each subcontractor shall comply with those statutory provisions.
Consultant shall be required to take all actions necessary to enforce such contractual
provisions and ensure subcontractor's compliance, including without limitation,
conducting a periodic review of the certified payroll records of the subcontractor and
upon becoming aware of the failure of the subcontractor to pay his or her workers the
specified prevailing rate of wages. Consultant shall diligently take corrective action to
halt or rectify any failure.
10. To the maximum extent permitted by law, Consultant shall indemnify, hold
harmless and defend (at Consultant's expense with counsel reasonably acceptable to
the City) the City, its officials, officers, employees, agents and independent contractors
serving in the role of City officials, and volunteers from and against any demand or
claim for damages, compensation, fines, penalties or other amounts arising out of or
incidental to any acts or omissions listed above by any person or entity (including
Consultant, its subcontractors, and each of their officials, officers, employees and
agents) in connection with any work undertaken or in connection with the Agreement,
including without limitation the payment of all consequential damages, attorneys' fees,
and other related costs and expenses. All duties of Consultant under this Section shall
survive termination of the Agreement.
R6876-0001\1349509v1.doc