Contract - S. Gordin Structural Design & Engineering Services - 2015-03-19FIRST AMENDMENT TO AGREEMENT
BETWEEN COSTA MESA SANITARY DISTRICT AND S. GORDIN STRUCTURAL
DESIGN AND
ENGINEERING SERVICES
This FIRST AMENDMENT to Agreement for structural engineering services is
made and entered into this Jg'6' day of March, 2015, by and between the COSTA
MESA SANITARY DISTRICT, a sanitary district ( "District ") and S. Gordin Structural
Design & Engineering Services, a Nevada corporation ( "Consultant ").
WITNESSETH:
WHEREAS, on January 15, 2014, the District and Consultant entered into an
Agreement ( "Agreement ") to perform structural engineering design services for District's
proposed block wall building for the 23rd Street sewer pump station's backup pump
installation ( "Project ").
WHEREAS, the District desires to amend the Project scope of work by installing
an emergency generator instead of a backup up pump; and
WHEREAS, the structural engineering design services will need to be amended
to accommodate the emergency generator; and
WHEREAS, the Consultant has submitted a proposal to provide said services as
described in the Scope of Work attached hereto as Exhibit "A" and incorporated herein
by reference (excluding "Section 8 Caveats: Intents and Limitations" and any provision
that conflicts with the Agreement or this First Amendment); and
WHEREAS, by this First Amendment, the District and Consultant hereby amend
the Agreement as provided hereinafter.
NOW, THEREFORE, the Agreement is amended as of the date hereof as
follows:
1. Section 4 in the Agreement shall be amended by increasing payment due
thereafter to compensate for continuing structural engineering design services and
identified in Consultant's proposal (Exhibit "A ").
2. The District agrees to pay Consultant the sum of Four Thousand Nine
Hundred Ninety Dollars ($4,990) for continuation of structural engineering design
services.
3. The term of this First Amendment shall become effective upon its
adoption.
4. Except as specifically amended by the terms of this First Amendment, all
provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment
to be executed this day and year first above written.
DISTRICT CONSULTANT
General Manager Signa ure
V. Steve Gordin
Name
ATTEST:
Principal
Title
District rk
Approved as to Content:
Harper & Burns LLP
District Counsel
z
Date
S. GORDIN MUM"i. DESIGN
& ENGINEERING SERVICES (SGE)
.mn dripp¢ nsultlnppwm
(W)477 -45 E(4743)
Dear Mr. Hamers,
Date: March 4, 2015
To: Mr. Robin Harriers
District Engineer
Costa Mesa Sanitary District
628 W. 19th. Street
Costa Mesa, CA 92627
Re: Structural Design of Backup Generator
Enclosure at 23rd Street & Irvine Avenue,
Newport Beach CA 92660
SGE No.: 413.040.243 -2015
S. Gordin Structural Design & Engineering Services (SGE), Inc. highly appreciates the
opportunity to submit this proposal for structural engineering on the above project. For
the purposes of this contract, the Costa Mesa Sanitary District is further referred to as
"CLIENT."
1. BACKGROUND
This submittal represents an addendum to the SGE proposal submitted on October 21,
2013 and approved by Costa Mesa Sanitary District on January 15, 2014 ( "original
proposal "). The work per original proposal was completed in full with the submittal of the
structural design documentation by SGE on September 18, 2014.
In October of 2014, the project was halted, and the enclosure design basis was
modified to include the housing of a backup generator. The civil plans for the new
generator enclosure were presented to SGE on February 26, 2015.
Based upon the above information, the subject installation appears to consist of power
generator (single unit) on a new concrete slab measuring about 8'x16' and surrounded
on three sides with reinforced masonry unit retaining /wing walls up to 9 ft tall. The
enclosure will be provided with a grating -type roof and gate per CLIENT's specifications.
The work by SGE is to be completed in one week.
For all additional information, refer to the original proposal by SGE.
2. SCOPE OF WORK
1. Analyze /process the information about site (project - specific geolechnicat report
and topographic maps), intended layout, equipment (weight, center of gravity,
connect @sgeconsulting.com * telephone (877) 477 -4 -SGE * fax (877) 362 -5767
EXHIBIT A -1
Proposal
Page 2 of 5
Moll.Backup Generator Enclosure
23rd Street & Irvine Avenue, Newport Beach CA
uIIVi'. €ainlll SGE No. 413.040.243 -2015
footprint, etc.), and the overall project specifications - to be provided by the
CLIENT;
2. Conduct the 2010 CBC- compliant structural analysis and design of the installation
(refer to Section "Basis for Contact" above):
1. Retaining /wing walls and their foundations;
2. Concrete slab;
3. Anchorage of the equipment (one unit, if required);
4. Grating -type roof, including its support and anchorage;
5. Rollup door, including its support and anchorage.
3. Develop structural engineering plans, details, and specifications for the new
installation — acceptable to the City of Newport Beach;
4. Participate in meetings and teleconferences with the CLIENT and other engineers
(45 minutes maximum total).
5. Respond to plancheck comments by the city of Newport Beach, incorporate
necessary revisions, etc. (single -phase plancheck, 2 hours maximum).
Any work by SGE beyond the above scope, shall be considered under a
separate /amended contract, and may require additional time and fees. Refer to Section
"Caveat: Intent & Limitations" for additional information.
3. PRESENTATION
The completed work will be presented as sets of structural design documentation
(calculations and drawings), as well as digital (pdf) copies of the documentation.
For the final submittal, the design documents will be signed and stamped by a
Professional Structural Engineer licensed in the State of California.
4. INSURANCE
SGE shall maintain Professional and General Liability Insurance policies in the
amount of at least $1,000,000/ 1,000,000 each through the entire duration of the
project.
connect @sgeconsulting.com * telephone (877) 477 -4 -SGE * fax (877) 362 -5767
EXHIBIT A -2
Proposal
Page 3 of 5
i91N1 i pAll,H Backup Generator Enclosure
°;n Ili';i:,;ii.11!i uIWl�wHyY 23rd Street & Irvine Avenue, Newport Beach CA
I�.' I'Iliiillalll,iid SGE No. 413.040.243.2015
5. SCHEDULE OF WORK
Based upon the currently available documentation (Section "Basis for Proposal" above),
the work per Sections "Scope of Work" and "Presentation" is to be completed in no
more than one week (expedited) after the "go- ahead" notice is received.
The "go ahead" notice consists of the approval of this proposal and terms herein as
indicated by the return to SGE of the last page of this proposal signed by the client. Any
delays in the "go- ahead" notice may result in longer lead times.
6. ENGINEERING FEES
Based upon the currently available specifications as well as the above Sections "Scope
of Work ", "Presentation" (excluding reimbursable expenses), and "Schedule of Work"
the lump -sum engineering fees for project are proposed at $4,990.
The above proposed fees account for SGE's experience working on the original project.
The estimated SGE fees for that original project were shown to be substantially
underbid due to the considerable time actually spent on several client- requested
revisions, delays, research, etc.
Reimbursable expenses (plotting, reproduction, etc.) are additional expenses not
included on the estimate, and shall be included in the final invoice.
All payments for professional services are due within 30 days of invoice issuance and
are in no instance contingent upon payment from other sources.
Additional hourly consulting work, if required, will start upon client pre - approval and will
be based on the following :
Principal ............. ............................... $300 /hr
Architect ............. ............................... $200 /hr
Associate Engineer. ............................ $200 /hr
Project Engineer ......... ........................$150 /hr
Drafter ................ ............................... $100 /h r
7. TERMINATION
1. If SGE, through any cause other than force - major, fails to perform or violates any
of the terms, covenants, or provisions of this CONTRACT on their part to be
performed, or if they for any cause fail to progress their work called for hereunder
connect @sgeconsulting.com * telephone (877) 477 -4 -SGE * fax (877) 362 -5767
EXHIBIT A -3
Proposal
Page 4 of 5
AL
III Illlllllo, -&F "u �y Backup Generator Enclosure
u�l�ll�iihli! 23rd Street & Irvine Avenue, Newport Beach CA
IN, ::iIN' wN SGE No. 413.040.243 -2015
in a manner the CLIENT considers reasonable, then the CLIENT shall have the
right to terminate this Contract by giving a one -week notice in writing of the fad
and date of termination to SGE.
2. If the CLIENT, through any cause other than force- major, fails to comply with any
of the terms, covenants, or provisions of this CONTRACT, then SGE shall have the
right to terminate this Contract by giving a one -week notice in writing of the fact
and date of termination to the CLIENT.
3. Upon termination, SGE shall have the right to: a) retain all design materials for this
job in lieu of an appropriate reasonable compensation, or b) transfer such
materials to the CLIENT. Transfer of the design materials shall occur only
provided that SGE receives equitable compensation for the services that have
been performed by SGE up to the termination date.
4. If this contract is terminated by the CLIENT prior to completion, any work that has
been done to date will be billed at an hourly rate of $275.00 (two hundred and
seventy five dollars), and the total payment for all work completed as of this time
will become due and payable.
8. CAVEAT: INTENT & LIMITATIONS
1. This Caveat is applicable to all design materials mentioned in this proposal and to the proposal
itself. These materials are further referred to as "MATERIALS."
2. The use of MATERIALS is hereby restricted to the project as specified on the first page of the
proposal, and to the person/company it is addressed to. Any other use (including, but not limited to,
review, dissemination, or copying) of the MATERIALS and any portion thereof, as well as any use
of MATERIALS by any party or parties other than the ones specified on the first page of the report,
are strictly prohibited unless by a specific permission from SGE.
3. The structural engineering per this proposal will be compliant with the pertinent previsions of the
applicable codes, as well as with the principles of good engineering practice. All work shall be
performed to the best of the professional ethics, knowledge, skills, and educational background of
SGE. This proposal offers no other warranty, either expressed or implied.
4. Any applicable statute of limitations shall begin to run not later than the date of final completion of
design per this contract.
connect @sgeconsulting.com * telephone (877) 477 -4 -SGE * fax (877) 362 -5767
EXHIBIT A-4
Proposal
Page 5 of 5
IIIryryII��II ",,, Backup Generator Enclosure
l'li'll; „� 23rd Street B Irvine Avenue, Newport Beach CA
bP!nil 3, �'iiAu .oiNl SGE No. 413.040.243 -2015
5. Any liability by SGE as related to the services indicated herein is shall not under any circumstances
exceed the engineering fees received for the services rendered.
6. All claims, disputes, or controversies arising out of, or in relation to the interpretation, application,
enforcement, or implementation of this CONTRACT or provision of services indicated herein shall
be decided through mediation only.
7. This proposal was deve loped strictly within the assumptions presented to SGE prior to this
submittal. Any structural engineering worklectivity by SGE shall be considered under the separate
contracts if.., a) not indicatedMcluded in this proposal; and b) resulted from the changes (by others)
of the design assumptions listed in this proposal.
8. All perceived or actual discrepancies of the structural aspects of the design shall be brought to the
attention of SGE and resolved prior to the signing of the contracts between the CLIENT and the
CLIENT's contractors and subcontractors.
9. After the signing of contract, any changes on the SGE plans not initiated by this office shall be
considered as change orders and will involve additional fees. Exclusion limited and reasonable
work - process changes and enhancements requiring no more than 1 hour of engineering work
(project total).
10. The content of Items 3 through 7 of this section shall be incorporated into the contracts) between
the CLIENT and the CLIENT's contractors and subcontractors. A copy of such contract(s) shall be
furnished by the CLIENT to SGE prior to the start of construction upon a written request by SGE.
We appreciate this and any other opportunity to be of service to you. Should you have
any questions or need other assistance, please call SGE.
Respectfully submitted,
S. Gordin Structural Design & Engineering Services
r
V. Steve Goldin Ph.D.,
Principal
Licensed Structural Engineer 54311
connect @sgeconsulting.com * telephone (877) 477 -4 -SGE * fax (877) 362 -5767
EXHIBIT A -5