CONTRACT 3793A Amendment CLOSEDFIRST AMENDMENT TO
AGREEMENT NO. 3793 BETWEEN
THE CITY OF EL SEGUNDO AND
WYLE LABORATORIES, INC.
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THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this ml day of 2009, by and between the CITY OF EL SEGUNDO, a general law city and icipal corporation
existing under the laws of California ( "CITY "), and WYLE LABORATORIES, INC., a Delaware
corporation ( "CONSULTANT ").
1. Pursuant to Section 33 of Agreement No. 3793 ( "Agreement "), Section 1(C) is amended to
include an additional One million, two hundred and one thousand dollars and no cents
($1,201,000.00) for a revised total not to exceed Two million, eight hundred fourteen
thousand, seven hundred and twenty dollars and no cents ($2,814,720.00). The attached "El
Segundo RSI Cost Proposal," and incorporated by this reference, is added to Exhibit A of
the Agreement.
2. Pursuant to Section 33 of the Agreement, the attached Exhibit "A," which is incorporated
by this reference, is added to the Agreement's "Scope of Services."
3. Pursuant to Section 33 of the Agreement, the first sentence of Section 5(C) (Additional
Work) is amended to read as follows:
"Payments over $2,814,720 for Additional Work must be approved by the City Council."
4. Pursuant to Section 33 of the Agreement, the first sentence of Section 7 (Time for
Performance) is modified to read as follows:
"The term of this Agreement will be from March 19, 2008 to March 19, 2011."
5. Pursuant to Section 33 of the Agreement, the attached Exhibit `B," entitled "Conditions of
Cost Proposal" and incorporated by this reference, is added to the Agreement.
6. Pursuant to Section 33 of the Agreement, attached Exhibit "C," entitled "Design Schedules"
and incorporated by this reference, is added to the Agreement.
7. Pursuant to Section 33 of the Agreement, attached Exhibit "D," entitled "Wyle Laboratories
2009 Billing Rates" and incorporated by this reference, is added to the Agreement.
Pursuant to Section 33 of the Agreement, a new Section 37 is added to read as follows:
"37. Liquidated Damages
1.01 It is agreed to by all parties to the Contract that:
A. Damage(s) will be incurred by the City and Property Owner(s), Tenant(s)
and Occupant(s) (in terms of Program reputation, inconvenience, lost
3 7 9 3 A 41'914
productivity, additional administrative costs, delays to anticipated
construction, and potentially lost grant funding — both tangible and
intangible) whenever the Consultant fails to complete design work in
accordance with the Work description including, without limitation:
1. Identifying, and bringing to the City's attention by the dates proposed
in the design schedules, any significant code violations or conditions
that would likely prevent the City from issuing a building permit
2. Delivery of completed designs in accordance with the delivery date
proposed by the Consultant
3. Completed designs will be defined as clean copies of Plans that have
been signed by the Owner's Representative, signifying Owner's
acceptance of the RSI Improvements proposed
B. The actual value of actual damages(s) to the City is very difficult, if not
impossible, to ascertain with any degree of certainty or accuracy
C. Accordingly, the Parties negotiated and agreed that for each calendar day
during which default occurs, Consultant will pay the City as and for
liquidated damages, and not as a penalty, the following:
1. Twenty -five dollars ($25) for each and every calendar day beyond the
delivery date of completed designs (Plans) for each Home
D. City may deduct the amount of liquidated damages from any money due
or that may become due the Consultant under the Contract in cases where
liquidated damages are not paid to the City"
10. This Amendment may be executed in any number or counterparts, each of which will be an
original, but all of which together constitutes one instrument executed on the same date.
11. Except as modified by this Amendment, all other terms and conditions of Agreement No.
3793 remain the same.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO
A municipal corporation
John . Wayt,
Ci anag
ATTEST:
_ CA*a,w a,, ' g,
Cindy Mortesc4 i
City Clerk
APPROVED
MARK D. HL,' i g '
By'
,, : ; >>y Attorney
WYLE LABORATORIES, INC.
a Delaware corporation
Llo d E. os
Contracts Manager
Taxpayer ID No. 20- 0446393
9 3A
Residential Sound Insulation Program
Scope of Work
Design and Testing Services
A. General
The Design and Testing Services for the Residential Sound Insulation Program
are comprised of managerial, architectural, and engineering services required to
generate architectural plans to increase the noise reduction properties of identified
Dwellings. All Services must be performed in accordance with the terms of the
Agreement, and any amendments thereto. These services are not limited to, but
are inclusive of-
a. Evaluating identified Dwellings and development of construction plans for
RSI Improvements;
b. Assuring the constructability of such designs in reasonableness;
C. Meeting with Property Owners for each Dwelling and explaining proposed
RSI Improvements and options for proposed products and materials;
d. Completion of Building Permit applications for Plan Checks by the City
Building Department;
e. Making changes and explain in person (no mailing documents)
f. Promptly answering Requests for Information ( "RFI ") and Requests for
Change Orders ( "RFCO ") from Contractors during the construction
process; and within two working days
g. Participating in punch list inspections at the completion of construction for
each Dwelling.
2. The Design and Testing Services contract will be a fixed unit price contract, with
unit prices for single - family homes, condominiums, and apartments. The
Agreement will be for a period of two (2) years. At the sole discretion of the
City, the agreement may be extended in one (1) year increments, with a maximum
of two (2) extensions, for a total of four (4) years from the date of the original
agreement.
B. Design and Testing Management
1. One of the Program goals is to minimize the overall time between the initial
contact with a Dwelling and the completion of construction (currently
approximately 12 months), as well as minimizing the number of interruptions (i.e.
time off from work for appointments) to an Owner's daily routine. The
consultant's management of Design and Testing Services must account for this
goal.
2. The consultant must develop a timeline of milestones against which the progress
of Design and Testing Services will be measured and present a copy of this
schedule to the Program Manager. The consultant will be held responsible for
ensuring all critical program paths remain on schedule.
3. Quality Control must be provided by the Consultant to assure designs are
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Scope of Work — Design and Testing Services i 1 .�
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Residential Sound Insulation Program
consistent with design criteria, ensure consistency in design work, and minimize
potential change orders during the construction process.
C. Design Criteria and Specifications
1. The Consultant is responsible for a continual review, and a formal annual review
of the Technical Specifications and Standard Details, as published by the City,
and must make recommendations for updates as is deemed necessary.
Recommendations should be made to:
a. Further clarify what is required of the Contractor during the construction
process;
b. Account for changes in industry practices and standards;
C. Account for new products available; and/or
d. Account for problems encountered during the construction process
2. The Consultant must become familiar with the current design criteria and apply
the design criteria based on Dwelling location, external noise level, and type of
construction. The Consultant will make recommendations, as is deemed
necessary, to successfully achieve the FAA's mathematically equivalent 45dB
CNEL interior residential noise standard in all habitable rooms, while maximizing
cost effectiveness. Changes to design policies and design criteria must be
sufficiently tracked by the Consultant, with the reasons and effective date of each
change being documented.
3. The plans created for each dwelling must be amply detailed to easily determine
the RSI Improvements for each Dwelling. The Program Manager must approve
any proposed deviations from the approved design criteria before they are to be
discussed with property owners.
4. The consultant must review all submittals for materials and products submitted by
Contractors, Suppliers, and Manufacturers and promptly give a written
recommendation to the City for their use.
D. Appointments with Property Owners / Occupants
1. The City will identify the Dwellings proposed to be included in each Bid Group,
and forward all necessary contact information for each Dwelling to the
Consultant.
2. The Consultant must arrange all necessary appointments with property owners for
the successful completion of Design and Testing Services.
E. Evaluation of Dwellings
1. The Consultant must evaluate current noise reduction properties of each identified J.
i6
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Scope of Work — Design and Testing Services
r Residential Sound Insulation Program
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Dwelling through physical examination, calculations, and/or acoustical testing.
2. Test 10% of homes in each group. Testing for Dwellings must include:
a. Acoustical Testing - The Consultant must conduct acoustic measurements
for the evaluation of noise reduction ( "NR ") before and after the
construction of sound insulation improvements for each Dwelling, and
measurements must include all habitable rooms.
3. The Consultant must perform physical examinations of each Dwelling. All
appropriate physical measurements must be taken in order to provide accurate
architectural plans and perform all calculations necessary for specifying proper
acoustical treatments and ventilation systems. Physical examinations must also
attempt to identify any significant structural shortcomings such as termites, dry
rot, water damage, or unsafe deviations from the California Building Code
requirements and/or structural design, and assess each Dwelling's ability to
successfully complete the RSI Program (i.e. proper access to all work areas.)
4. After a complete evaluation of each Dwelling, the Consultant must make a
recommendation for each Dwelling's inclusion into, or exclusion from, a Group
based on the results of the evaluation. The Consultant must notify the Program
Manager of the reasons for each recommendation.
F. Plans
1. Plans must contain sufficient detail to clearly define the work to be performed and
allow the Contractor, supplier, and manufacturer to meet or exceed the product
quality and workmanship standards needed to achieve the technical requirements
of the Program. They must include all architectural, structural, mechanical, and
electrical engineering work requirements, be compatible with the approved design
criteria, Technical Specifications, and Standard Details, and identify any
foreseeable conditions that will affect the Contractor's ability to perform such
work.
2. Plans must be inclusive of:
a. A Computer Aided Drafting (CAD) generated architectural Floor Plans (a
Site Plan is not required) which graphically depicts the RSI Improvements
specified;
b. A written description of the RSI Improvements specified, including a
Window and Door Schedule;
C. Structural calculations - when the structural members of the Dwelling are
proposed to be altered in any way, or when additional structural loads are
to be added to existing structural members;
d. Complete designs, with calculations, for any and all heating, ventilation,
and/or air'conditioning systems;
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Scope of Work — Design and Testing Services
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Residential Sound Insulation Program
e. The Consultant's (architect and/or engineer of record) stamp, with
signature and date of signature.
3. Once the Consultant has created plans for each Dwelling, the Consultant must
also present those plans to the property owner(s), thoroughly explaining the
proposed RSI Improvements to the property owner's satisfaction and
understanding. The Consultant must record any issues raised by property owners,
and relay those issues with recommendations, to the Program Manager for
consideration and action.
4. Once all issues have been resolved, and the Property Owner has selected all
necessary options, Plans must be finalized and clean copies printed for signatures.
A copy of signed Plans must be given to the Property Owner(s) for their records
within one (1) week of signature date.
5. The Consultant must present signed Plans to the Program Manager for each
Dwelling, accompanied by:
a. An engineering estimated cost for the specified improvements;
b. Results of pre - construction acoustic measurements; and
C. A completed Building Permit application for Plan Check.
G. Meetings
The Consultant must assist the City in conducting all Pre -Bid Meetings, site visits,
and other tasks related to the Contractor bidding process for Groups. The
Consultant must make every effort to help ensure that prospective Contractors are
aware of the technical requirements of the Contract Documents and the quality of
workmanship required by the Program.
2. The Consultant must participate in meetings with the FAA, City Council, City
Staff, homeowners, and Contractors as directed by the Program Manager,
providing appropriate technical expertise and guidance.
3. The Consultant must meet with the Program Manager at least bi- weekly to discuss
the overall status and progress of Design and Testing Services and any problems,
recommendations, or related issues.
H. Plans clarifications and adjustments
1. The Consultant must promptly make changes as required for approval by the FAA
or City Building Department. Plans will not be considered finalized before such
approvals and changes are made.
2. The Consultant must promptly answer any Contractor Requests for Information
( "RFI ") or Requests for Change Orders ( "RFCO ") as forwarded by the City. All
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Scope of Work — Design and Testing Services
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r Residential Sound Insulation Program
answers must be given to the City within two working days of receipt.
I. "Punch List" Inspections
The Consultant must assist the City Construction Coordinators with a punch list
inspection of each Dwelling. This inspection is to serve not only as a fresh look at the
completed construction, but also to assure the City that the design was completed, as
specified and intended by the Consultant. Final inspections do not require consultant
participation.
J. Documentation and Reports
1. The Consultant must maintain appropriate records for all of the Consultant's work
related to the Program including, without limitation, the following:
a. Copies of all internal and external reports on the project, its status and
completion;
b. All correspondence with the City, including correspondence regarding
Program policies, Design Criteria, recommendations, and the Consultant's
Agreement;
C. All correspondence with the FAA, government agencies, suppliers,
contractors, and others relating to the Program; and
d. A document record for each Dwelling which includes copies of:
i. All correspondence regarding the property
ii. Surveys and evaluation information
iii. Acoustical testing data and reports
iv. Hazardous material testing results
V. Signed Plans
vi. Any and all agreements
vii. Technical responses to RFI's and RFCO's from Contractors and
Suppliers
viii. Construction final inspection sheets
ix. Any other documents relevant to each Dwelling
2. The Consultant will prepare all relevant documents, including:
a. Monthly progress reports to the City. (To be submitted with monthly
billing).
b. A complete set of results of pre- and post- construction acoustic
measurements for each Group.
C. Other documents as may be necessary, but not limited to, reports required
by:
i. The Federal Aviation Administration
ii. City Council
- 8 - Request for Proposals and Statw=ts of Qualifications
Soope of Work — Design and Taring Services
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Wyle Conditions of Cost Proposal for the City of El Segundo's RSI Program
The attached cost proposal reflects the City of El Segundo's request for completion of Design and
Testing Services for 200 Homes, as outlined in the Scope of Work provided by the City on June 23,
2009 (Part of RFQ 07 -06), with the following conditions:
1. Wyle will not participate in punch list inspections at the completion of construction for each
Dwelling (See Items A, 1, g and I of the Scope of Work)
2. Wyle will not schedule the initial "Assessment Visits" with property owners, and expect the City
to schedule such appointments on Wyle's behalf in accordance with the proposed Design
Schedules and template "Assessment Visit Template" attached. (See Item D, 2 of the Scope of
Work)
3 Costs associated with structural calculations required by the Scope of Work (See Item F, 2, c) are
not included in the "Cost per Unit" (Identified as either $5,355 or $2,678), but rather will be
drawn from the "Contingency Funding" identified in the Cost Proposal at the rates identified.
4. Engineering estimates will be based on the floor area of the Home, rather than the specified
improvements (See Item F, 5, a of the Scope of Work)
5. Wyle will not participate in any "Night time meetings," previously held by the City for discussing
the program with potential program participants (See Item G, 2 of the Scope of Work)
6. The City will obtain any necessary permits (See Item H, 2 of the Scope of Work)
7. Code deficiency reports will be provided, at a rate of $100 per report, for each Home that Wyle
suspects existing conditions:
A. Would deem the Home ineligible for the RSI Program, or
B. Violate the City's Municipal Code to the extent that the City would be unwilling to issue a
building permit
At the City's request, the cost proposal includes the following items not outlined in the Scope or
Work provided by the City on June 23, 2009 (Part of RFQ 07 -06):
1. Plans will include:
A. Gas line calculations as required by the City Building and Safety Department
B. Locations of primary and secondary condensate lines
2. Existing ductwork will be evaluated to determine if it is properly sized and in sufficient condition
to determine if the Home qualifies for Air Conditioning under the City's RSI Program policies
3. Contingency Funding to review, and assist the City in finalizing, a Policy and Procedures Manual
governing its RSI Program
As it is expected that existing conditions of some Homes will deem them ineligible for the RSI
Program or be determined to require correction of violations of the City's Municipal Code, the Cost
Proposal consists of the following (as detailed on the attached Cost Proposal sheet):
$1,071,000 (200 Homes at a rate of $5,355 per Home)
$ 30,000 (20 Homes at a "billing milestone" of $1,500 per Home)
$ 100,000 for a " Contingency Fund"
$1,201,000 TOTAL
12 Al.
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Wyle Design Schedules for City of El Segundo's RSI Program
40
41
42
43
nom!
45
M
47
Presumed
Code Issues
Designs
Date lists of
identified
submitted
Homes will
and brought
to
Completed
be received
Field
to the City's
Building
Designs
from City
Assessments
attention by
Design Reviews
Safety
Due B
8/5
8/10-8/14
Aug. 28
9/14-9/18
8/17-8/21
Sept. 4
9/21-9/25
9/28-10/2
Oct. 23
Nov. 30
8/24-8/28
Sept. 11
9/28-10/2
8/17
8/31-9/4
Sept. 18
10/5-10/9
10/12 —10/16
Nov. 6
Dec. 11
8/31
9/8-9/11
Sept. 25
10/12 —10/16
9/21-9/25
Oct. 9
10/19 —10/23
10/26 —10/30
Nov. 20
Dec. 28
9/14
9/21-9/25
Oct. 9
10/26 —10/30
10/5-10/9
Oct. 23
11/2-11/6
11/9-11/13
Dec. 4
Jan. 8, `10
9/28
10/5-10/9
Oct. 23
11/9-11/13
10/19— 10/23
Nov. 6
11/16 —11/20
11/23 —11/25
Dec. 18
Jan. 22, `10
10/12
10/19 —10/23
Nov. 6
11/23 —11/25
11/2-11/6
Nov. 20
11/30-12/4
12n—i2/ii
Jan. 8, `10
Feb. 15, `10
10/26
11/2-11/6
Nov. 20
12/14— 12/18
11/16 —11/20
Dec. 4
12/21 —12/23
12/28 —12/30
1/4/10 — 1/8/10
Jan. 22, `10
Mar. 2, `10
11/9
11/16 —11/20
Dec. 4
12/28 —12/30
11/30-12/4
Dec. 18
1/4/10 — 1/8/10
1/11/10— 1115110
Feb. 5, '10
Mar. 16, `10
* Dates shown are for calenaar year zvvy, u1uc55 VU14-I1 W1JG
The above schedules are based on the following assumptions:
1. Completed designs will be provided for approximately twenty -five (25) Homes for each Group
2. If more than twenty -five (25) Homes are assessed and determined to be eligible for RSI
Improvements, those additional Homes will be held to the schedule for the next Group
3. Southern California Edison (SCE) will provide meter spots within two (2) weeks of requests
4. The City will respond to Consultant inquiries within two (2) weeks, including: requests for policy
clarification, review of proposed documentation and/or information necessary to complete designs
5. Property owners will be available during normal working hours on the dates applicable for the
Group for which their home is intended. Wyle will contact "Owner representatives"
approximately two (2) weeks in advance of proposed appointments to allow for proper scheduling
6. All corrections required by the City's Planning and Building Safety Department will be identified
within one (1) month of being submitted to that department
Wyle will provide, in accordance with the design schedules, one of the following for each Home:
A. A code deficiency report, along with other information gathered during the assessment,
identifying reasons Wyle questions the Home's eligibility
B. A completed design for RSI Improvements 1 �` n
:.
El Segundo RSI Cost Proposal
_ r.__ -1 _v --- n_•.— t.. n: AC/h1 /lMo
El Segundo 2009 Cost Proposal Exhibit 7 -27 -09 Page 1 Prepared 7/27/200. 0 0
rVLLVWIU %JLL& u — - - --
es - cost Per Rome
RFQ Category
Wyk Description of Included Design Services
Design and tasting
ent
Develop timeline of milestones
Initial Quality Control
Check set
Final Quality Control, coordination with sub consultants,
Program Ivianagement, including answering to client, homeowners, managing
managing database
$1,000
Design Criteria and
ifications
Contimul review of the spec - Account for changes in the industry, new products, problems encountered during
construction.
Become familiar with the current design criteria
Track changes to design policies with reasons and effective dates
Obtain manger's approval of an sed deviations from the roved design criteria
Submittal review
$350
Appointments with
Pro Owners
Schedule DesilE Assessments and Design
e Audits ign-o
$100
Evaluation of Dwellin
physical examination of each dwelling and measurements
identifying significant structural shortcoming such as termite rot water e
W letsubcontractor field assessment of building elements requiring modification
W le/subcontractor HVAC/ventilation design assessment
Orientate owner for expected modifications and material selection choices
otae testing
S950
Plans
CAD floor lam
Written description of RSI Improvements including Window/Door Schedule
Revisions after QA
Structural Calculations - separately praied below in "Contingency"
Mechanical desim including Title 24 talcs including condensate lines and gas line calculations
SCE electrical meter spots
Electrical Lad calculations
Design Review
Signature and Sump
Resolve any issues raised by ro owner
Engineering Estimates
Plan - application, submittals, revisions
$2 05
Meetin
Biweekly meeting
FMV
Pre -bid inecting
Pre -con meeting
stings with AA
5300
Plans Clarification and
Ad'ustment
Punch List inspection
Make than as required by FAA
Answer to RFIs
Answer W RFCOs
Punch List mspection - Not Bid in Design work-, performed y construe on gaff
$250
50
Documentation and
AS
Keep records of correspondences
Crestin PDF
Assemble id ge
$100
Total Design Services Coat Per Unit Per El Segundo RFQ Scope of Work:
$ 5055
Proposed Desirm Services Cat for Secondary Structures (1/2 of main unit)
5 Z 678
B milestones: $1,500 upon completion of field assessment; com etion of desi (prior to
bomeowner review); 100% upon completion of plan check
on easy - Funding v
Additional Services As
wed
Prepare code deficiency its for code deficient homes - $100
Follow up on code deficient dwellings with Building and Safety if requested - Time & Materials & basis
Calculate structural requirements for widening windows and secondary ceilings and walls. Approximate unit touts: Window
widen $350; Secondary Ceilings, $1,000; Secondary walls $1,000
Coordinate structural issues other than those listed above with Building and Safety - T & M basis
Review existing manual and previously submitted comments - T & M basis; approximately 48 manhours
Provide additional review and comment to produce finalized manual - T & M basis; appro ximatel 8 manhoun
5100 000
El Segundo 2009 Cost Proposal Exhibit 7 -27 -09 Page 1 Prepared 7/27/200. 0 0
2009
WYLE LABORATORIES INC. BIDBILLING RATES
(Department S80)
7 Engineer I $80.00
Administrative Assistant
6 Engineer $65.00
Expert Witness Rate $300.00
TRAVEL, MATERIALS AND SERVICES
Time spent traveling to and from client's facility or specified work site as necessary in
performance of service will be invoked at the above stated rates.
Travel, Materials, Grapbk Services, Reproduction Expenses and any other subcontracted
services will be billed at invoke cost plus 12 percent.
BILLING rum! AND PAYMENT TERMS
Billing for work performed will be submitted monthly. Payment terms are net 30 days,
based on normal credit approval.
NOTICE - WYLE PROPRIETARY DATA
This domesent shall not be &@dosed or distributed to third parties, or reproduced, or copied
In whole or in part except by written authorization of Wyk Laboratories Incorporated.
SA
X24
LABOR GRADE/
TYPICAL JOB TITLE
HOURLY RATE
16
Director
$300.00
14
Chief Scientist
$240.00
13
Sr. Principal Engineer
$190.00
12
Principal Engineer
$170.00
11
Sr. Staff Engineer
$155.00
10
Senior Engineer
$125.00
Senior Designer
9
Engineer III
$110.00
Designer
8
Engineer !I
$95.00
Administrator
Junior Designer
7 Engineer I $80.00
Administrative Assistant
6 Engineer $65.00
Expert Witness Rate $300.00
TRAVEL, MATERIALS AND SERVICES
Time spent traveling to and from client's facility or specified work site as necessary in
performance of service will be invoked at the above stated rates.
Travel, Materials, Grapbk Services, Reproduction Expenses and any other subcontracted
services will be billed at invoke cost plus 12 percent.
BILLING rum! AND PAYMENT TERMS
Billing for work performed will be submitted monthly. Payment terms are net 30 days,
based on normal credit approval.
NOTICE - WYLE PROPRIETARY DATA
This domesent shall not be &@dosed or distributed to third parties, or reproduced, or copied
In whole or in part except by written authorization of Wyk Laboratories Incorporated.
SA
X24