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FOURTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES

This Fourth Amendment to Agreement for Consultant Services (the "Fourth Amendment") is made and entered into this __22__ day of ___October__, 2018, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and FREYER & LAURETA, INC. , a California Corporation (hereinafter referred to as "CONSULTANT").

RECITALS

WHEREAS, on December 15, 2015, CITY and CONSULTANT entered into that certain

agreement entitled “Agreement for Consultant Services” (“Agreement”) to provide engineering design services in connection with the Wet Weather Equalization project in an amount not to exceed $783,700; and

WHEREAS, on February 14, 2017, CITY and CONSULTANT entered into that first amendment to the agreement entitled “Agreement for Consultant Services” (“Agreement”) to provide engineering design services in connection with Wet Weather Equalization project in an amount not to exceed $154,800; and

WHEREAS, on May 22, 2017, CITY and CONSULTANT entered into that second amendment to the agreement entitled “Agreement for Consultant Services” (“Agreement”) to provide engineering design services in connection with Wet Weather Equalization project in an amount not to exceed $198,600; and

WHEREAS, on May 29, 2018, CITY and CONSULTANT entered into that third amendment to the agreement entitled “Agreement for Consultant Services” (“Agreement”) to provide engineering design services in connection with Wet Weather Equalization project in an amount not to exceed $153,300; and

WHEREAS, CITY and CONSULTANT now desire to enter into this Fourth Amendment to provide for CONSULTANT to provide engineering services during construction phase of the Wet Weather Equalization Basin project, and increase the Cost Ceiling of the Agreement an additional $34,100 from $1,290,400 to $1,324,500; and

AGREEMENT

NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby amend the Agreement as follows:

1. Exhibit A to the Agreement, describing the Scope of Work, shall be amended as shown in Exhibit A, attached hereto.

2. Section 2.1 of the Agreement, “Compensation” is hereby amended to read as follows:

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Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $1,324,500 ("Cost Ceiling").

3. Section 3.1 of the Agreement, “Effective Date” is hereby amended to read as follows:

Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed on or before December 31, 2019 (the “Term”).

4. Agreement in Effect. Except as amended by this Fourth Amendment, the Agreement shall remain in full force and effect.

5. Counterpart Signatures. This Fourth Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.

IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as of the date set forth above.

CITY OF PACIFICA

By: Date Kevin Woodhouse, City Manager

Attest

By: Date Sarah Coffey, City Clerk

Approved As To Form

By: Date Michelle Marchetta Kenyon, City Attorney

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EXHIBIT A

SCOPE OF WORK

San Francisco Office: San Mateo Office: 150 Executive Park Blvd, Suite 4200 144 North San Mateo Drive San Francisco, CA 94134 San Mateo, CA 94401 Tel: (415) 534-7070 Tel: (650) 344-9901 www.freyerlaureta.com Fax: (650) 344-9920

CIVIL ENGINEERS • SURVEYORS • CONSTRUCTION MANAGERS

DRAFT September 20, 2018 Mr. Louis Sun, P.E. Deputy Director of Public Works - Wastewater City of Pacifica 700 Coast Highway Pacifica, California 94044 Subject: Additional Design Services Proposal No. 4

City of Pacifica Equalization Basin Project Dear Louis: Freyer & Laureta, Inc. (F&L) is pleased to present this proposal to the City of Pacifica (City) for additional engineering design services for the Wet Weather Flow Equalization Basin (EQ Basin) project (Project). The City has determined that the construction contractor, Sierra Mountain Construction, Inc. (SMCI), will not complete all improvements required by the Contract Documents for the EQ Basin project by the Cease and Desist Order (CDO) mandated date of December 31, 2018. Therefore, the City intends to contract with a separate contractor to deliver, setup, and remove a temporary pump and storage system to reduce the potential for sanitary sewer overflows (SSOs) to occur after December 31, 2018. Scope of Services We have presented a detailed description for each of the additional items below. Task 6.1: Conceptual Design of Temporary Pumping and Storage System F&L will develop a conceptual layout for a temporary pumping and storage system to temporarily store approximately 315,000 gallons of sanitary sewer. F&L will develop potential system layouts at both the Linda Mar Pump Station and State of California Department of Transportation (CalTrans) Park and Ride Lot on Linda Mar Boulevard. F&L will produce exhibits showing potential layout of multiple 21,000-gallon temporary storage tanks at both potential sites. The exhibits will also identify the location of existing City sanitary sewer manholes that can be used to install temporary pumps to divert wet weather flows to the temporary storage tanks. F&L will produce exhibits and an email summary of potential layouts at the preferred sites for the temporary system. F&L will coordinate with at least one potential temporary pump and storage contractor to develop budget level costs for the delivery, setup, breakdown, and monthly rental costs for the temporary pumping and storage system.

Mr. Louis Sun, P.E. Page 2 of 3 DRAFT September 20, 2018

FREYER & LAURETA, INC.

F& L will participate in up to two conference calls with the City to review the proposed temporary system. The intent of the conference calls is to review comments and questions from the City on the email and exhibits prepared by F&L. It is anticipated that the City will select a preferred site for the temporary pumping system and storage system site for F&L to produce bid documents as described in Task 6.2. Task 6.2: Prepare Temporary Pumping and Storage System Bid Documents F&L will prepare bid documents for the temporary pump and storage system at the preferred location selected by the City as part of the work performed under Task 6.1. The bid documents are anticipated to include the following information:

• Base bid for delivery, setup, and breakdown of a system with pumping capacity of 4,000 gallons per minute (gpm) and minimum storage capacity of 315,000.

• Base bid for monthly rental of the base bid system.

• Alternative bid Item for providing additional 21,000-gallon storage tanks in addition to the base bid required storage capacity.

• Alternative bid item for monthly rental of additional 21,000-gallon storage tanks.

The bid documents will be prepared using the City’s standard front-end specifications. F&L will prepare one draft set of bid documents for the City’s review and comment. F&L will meet with the City review comments on the draft bid documents. A final set of bid documents including written response to comments will be provided. Task 6.3: Bid Support F&L will provide bid support including the following:

• Review and respond to questions from potential bidders.

• Prepare one bid addendum including one draft for the City’s review.

• Evaluate bids and provide feedback to the City.

Task 6.4: Engineering Services During Construction F&L will provide engineering services during construction including the following:

• Review and respond to up to five submittals including resubmittals.

• Review and respond to up to five Requests for Information.

Mr. Louis Sun, P.E. Page 3 of 3 DRAFT September 20, 2018

FREYER & LAURETA, INC.

• Perform one site visit to observe operational testing of the temporary system.

• Provide as-needed technical assistance requested by the City.

Fee Proposal We proposed to provide the additional design services and ESDC described above on a time and materials fee basis. The estimated level of effort broken down by the existing tasks in our agreement for incorporating the additional items is provided as Attachment 1 and is summarized below: Description Proposed Budget Task 6.1: Conceptual Design of Temporary Pumping and Storage System $ 7,900 Task 6.1: Prepare Temporary Pumping and Storage System Bid Documents $ 16,100 Task 6.3: Bid Support $ 3,700 Task 6.4: Engineering Services During Construction $ 6,400 Total $ 34,100 Please let me know if you have any questions. Sincerely, FREYER & LAURETA, INC.

Jeffrey J. Tarantino, P.E. Vice-President cc: Joanne Yau (Freyer & Laureta, Inc.) Attachments Attachment 1: Level of Effort and Budget Table

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EXHIBIT B

FEE PROPOSAL

TABLE 1BUDGET ESTIMATE FOR ADDITIONAL DESIGN SERVICES, CITY OF PACIFICA, CALIFORNIA

ESTIMATED OTHER DIRECT COSTS ESTIMATED COST (2) LABOR (Hours) (1 TOTAL

TASKS F&L TOTAL UNIT QNTY UNIT 10% COST SUB

Cler

ical

Asso

ciat

e En

gine

er

Prin

cipa

l

LABORCOST

($)

COST($)

MARKUP($)

PERITEM

($)

TOTALS($)

75 125 180

Task 1: Project ManagementNo additional services

Subtotal Labor Hours - Task 1 Estimated Cost - Task 1Task 2: Preliminary Design

No additional servicesSubtotal Labor Hours - Task 2 Estimated Cost - Task 2

Task 3: Final DesignNo additional services

Subtotal Labor Hours - Task 3 Estimated Cost - Task 3Task 4: Construction/Implementation

No additional servicesSubtotal Labor Hours - Task 4 Estimated Cost - Task 4

Task 5: Additional ServicesNo additional services

Subtotal Labor Hours - Task 5 Estimated Cost - Task 5

Task 6: Temporary Pumping and Storage SystemTask 6.1: Conceptual Design of Temporary Pumping and Storage System

Develop conceptual layout 16 2 $2,360 $2,360Prepare exhibits and written documentation 16 2 $2,360 $2,360Coordinate with potential contractor for budget level estimate 4 4 $1,220 $1,220Internal review 4 $720 $720Conference call with City 4 4 $1,220 $1,220

Task 6.2: Prepare Bid Documents for Temporary Pumping and Storage SystemPrepare drawings 24 4 $3,720 $3,720Prepare specifications 40 8 $6,440 $6,440Prepare opinion of probable cost 4 $720 $720Internal review 8 $1,440 $1,440Conference calls with City 8 8 $2,440 $2,440Prepare final bid documents 8 2 $1,360 $1,360

Pacifica_Budget_Add4_2018-09-20.xlsx/Budget_Estimate_Final Page 1 of 2Freyer & Laureta, Inc.

Last Printed: 9/20/2018

TABLE 1BUDGET ESTIMATE FOR ADDITIONAL DESIGN SERVICES, CITY OF PACIFICA, CALIFORNIA

ESTIMATED OTHER DIRECT COSTS ESTIMATED COST (2) LABOR (Hours) (1 TOTAL

TASKS F&L TOTAL UNIT QNTY UNIT 10% COST SUB

Cler

ical

Asso

ciat

e En

gine

er

Prin

cipa

l

LABORCOST

($)

COST($)

MARKUP($)

PERITEM

($)

TOTALS($)

75 125 180 Task 6.3: Bid Support

Review and respond to bidder questions 16 4 $2,720 $2,720Prepare one addendum 2 2 $610 $610Review bids 2 $360 $360

Task 6.4: Engineering Services During ConstructionReview and respond to five submittals 8 2 $1,360 $1,360Review and respond to five Requests for Information 8 2 $1,360 $1,360Provide as-needed technical support 8 8 $2,440 $2,440Site visit to observe performance testing 4 4 $1,220 $1,220

Subtotal Labor Hours - Task 6 166 74 $34,070 Estimated Cost - Task 6 $34,100Total Labor Hours Total Estimated Cost

Notes to Table:(1) Billing rates for subconsultants includes 10% markup.(2) Estimated costs are rounded to the nearest $100.

Pacifica_Budget_Add4_2018-09-20.xlsx/Budget_Estimate_Final Page 2 of 2Freyer & Laureta, Inc.

Last Printed: 9/20/2018