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Home My WebLink About _ 4.5(a)--Amend Contract No. 9686 for Natural Gas Pipeline Compliance GI �" Y C� F � � �- ' � ° � � i � CITY OF REDDING �� REPORT TO THE CITY COUNCIL MEETING DATE: June 2,2026 FROM: Nick Zettel, Director of ITEM NO. 4.5(a) Redding Electric Utility ***APPROVED BY*** � �� t� �.� � ,. . �5�. #� � �� .��.�. .�� k ct e o ��rcctor �i9' e in r tric�[Jtriity � � 5/19�`2��6 G��I1a��arbc�x �'��1�a�nag�r Sl��/2t726 nzettel@cityofredding.org wtarbox@cityofredding.gov SUBJECT: 4.5(a)--Amend Contract No. 9686 for Natural Gas Pipeline Compliance Recommendation Authorize and approve the following actions related to providing Department of Transportation Pipeline and Hazardous Materials Safety Administration Natural Gas Pipeline Compliance Services: (1) Approve the Fourth Amendment to Contract (C-9686) with EverLine Compliance, LLC, increasing the annual not-to-exceed contract compensation amount by $52,500, from $190,000, to a revised not-to-exceed amount of $242,500 each City of Redding fiscal year, with all other terms, conditions and scope of the services remaining unchanged; and (2) Authorize the City Manager, or designee, to execute the Fourth Amendment and any related documents necessary to complete and implement the amendment. Fiscal Impact The contract term extends through December 31, 2027. If approved, annual expenditures under the contract will not exceed $242,500 per fiscal year. Funding for these services is included within the existing Operating and Maintenance (O&M) budget for routine pipeline maintenance activities. The adopted budget for this line item is $2'72,500 in Fiscal Year (F� 2025-26 and $254,600 in FY 2026-27, which is anticipated to be sufficient to support the contract without requiring additional appropriations. Alternative Action The Council could decline to approve the Fourth Amendment and provide alternative direction. Report to Redding City Council May 28,2026 Re: 4.5(a)--Amena'Contract No. 9686 for Natural Gas Pipeline Compliance Page 2 Background/Analysis The City of Redding (City) owns and operates approximately three miles of 10-inch-diameter natural gas pipeline that supplies fuel to the Redding Power Plant's generation units. This pipeline is regulated by the Pipeline and Hazardous Materials Safety Administration of the United States Department of Transportation. On May 25, 2022, the City issued Request for Proposals No. 5301 for gas pipeline compliance services. EverLine Compliance, LLC was the sole respondent. Following the City's standard procurement and contracting procedures, the City entered into a five-year agreement (Contract C-9686) with EverLine Compliance, LLC for pipeline maintenance and compliance services. The agreement expires December 31, 2027, and has an annual not-to-exceed contract compensation amount of $190,000 per fiscal year (July-June), which covers monthly field services and control rooln monitoring fees as well as additional items billed at as-quoted or time- and-materials (T&M)rates. The original contract established was within the City Manager's authority to execute and approve as it was below the $200,000 per contract/fiscal year threshold requiring City Council approval; the proposed amendment exceeds that threshold and therefore requires Council approval. As the pipeline owner, the City is responsible for ensuring excavation standby services are provided, to satisfy regulatory damage prevention requirements and protect the pipeline. As part of the contract with the City, EverLine provides these required standby personnel at T&M rates. The timing and frequency of excavation activities are generally unpredictable and outside the City's control. The contract includes an annual three percent fee escalation for base monthly services, which reduces the amount of contract authority available for T&M work and standby services. As shown in the table below, base service costs consume the majority of the current $190,000 annual contract compensation limit, leaving only a small remainder for all other work. While those remaining amounts are expected to cover routine T&M maintenance, they do not provide sufficient capacity for unpredictable excavation standby services. Base Services T&M/Standb FY 2025-26(Ju12025—Jun 2026) $174,000 $16,000 FY 2026-27 Jul 2026—Jun 2027 $179,000 $11,000 FY 2027 Partial Jul—Dec 2027 $92,000 $3,000 Redding Rancheria's Clear Creek Road Improvement project (part of the new Tribal Health Village development) is estimated to begin in June 2026 and run for approximately 10 weeks. The project presents a specific, near-term standby obligation, though not all phases of the project are expected to trigger the standby requirement. Based on initial project timelines, staff anticipates no more than seven we�ks of standby coverage will be needed. To maintain uninterrupted standby services for unanticipated excavation activities and cover the standby obligation for the Clear Creek Road Improvement project, staff recommends approving a con�ract amendment to increase the annual not-to-exceed contract compensation amount of EverLine's contract by $52,500 (from $190,000 up to $242,500 per fiscal year). This increase is Report to Redding City Council May 28,2026 Re: 4.5(a)--Amena'Contract No. 9686 for Natural Gas Pipeline Compliance Page 3 equivalent to approximately seven weeks of standby services based on contracted T&M rates (approximately$7,500 per week). Envir�onmental Review This is not a project defined under the California Environmental Quality Act, and no further action is required. Council PNio�^ity/City Manager Goals This agenda item is a routine operational item. Attachments C-9686- Fourth Amendment 2026 EverLine Compliance, LLC [Consultant Signed] C-9686 - Consulting &Professional Svcs Contract - 2023 -EverLine Compliance CA, LLC C-9686 -First Amendment - 2023 - EverLine Compliance CA, LLC C-9686 - Second Amendment- 2024 - EverLine Compliance, LLC C-9686 - Third Amendment- 2024 - EverLine Compliance, LLC FOURTH AMENDMENT CONSULTING AND PROFESSIONAL SERVICES CONTRACT (C-9686) This Fourth Amendment is entered into between the City of Redding ("City"), a municipal corporation and EverLine Compliance,LLC,a Delaware limited liability company("Consultant"), collectively the "Parties", individually a "Party" for the purpose to amend the Consulting and Professional Services Contract (C-9686) dated January 19, 2023, amended on August 15, 2023, and on June 13, 2024, and on August 5, 2024 (collectively referred to herein as the "Contract"). RECITALS WHEREAS, the Parties have previously entered into the Contract for the purpose of U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) natural gas pipeline compliance; WHEREAS, the Parties desire to increase the not-to-exceed annual compensation limit, WHEREAS, on , the City Council approved this Fourth Amendment, including the increased annual compensation limit under the Contract, NOW, THEREFORE, in consideration of the Recitals stated above and the terms set forth in this Fourth Amendment, the Parties agree that the Contract is amended and supplemented as follows: I. Section 2.A of the Contract is hereby amended and replaced in its entirety to read as follows: SECTION 2 (A). City sha11 pay Consultant for services performed under the Contract in accordance with Exhibit B. The total compensation payable by City to Consultant shall not exceed two hundred forty-two thousand five hundred dollars ($242,500) within City's fiscal year, defined as the twelve-month period beginning July 1 and ending the following June 30, during the remaining term of the Contract. This annual compensation limit applies to services performed during the applicable City fiscal year, regardless of invoice date or payment date. The annual compensation limit includes all fees, labor, travel, lodging, incidental expenses,reimbursable costs, and any other amounts payable to Consultant under the Contract. Consultant shall not perform, and City shall have no obligation to pay for, services exceeding the applicable annual compensation limit unless authorized by written amendment ar other written authorization approved in accordance with applicable City requirements. II. Except as expressly set forth herein, all of the terms and conditions of the Contract (C-9686) dated January 19, 2023, shall remain in full force and effect. III. In the event of a conflict or inconsistency between the Contract and this Fourth Amendment, this Fourth Amendment shall control, but only to the extent of the conflict and only with respect to the provisions expressly amended herein. IV. Effective date of this Fourth Amendment shall be the date it is signed by the City. (Si�nature Pa�e Follows.� Page 1 IN WITNESS WHEREOF, City and Consultant have executed this amendment on the days and year set forth below: CITY OF REDDING, A Municipal Corporation Dated: , 2026 By: City Manager(o�delegate) ATTEST: APPROVED AS TO FORM: City Attorney Sharlene Tipton, City Clerk By: Benjamin L. Stock,Interim City Attorney CONSULTANT EverLine Compliance, LLC Dated: May 12th � 2026 �2a.r�t�.��C��.v�.�� By: Trent Ackhurst,VP of Compliance and IM Tax ID No: 82-1794046 DIR PWCR 2000002384 DIR Project: 20240394534 ➢ Fourth Amendment Contains No Exhibits or Attachments. This Amendment does not include or incorporate any exhibits or attachments. A11 exhibits and attachments referenced in the original Agreement and prior Amendments shall remain unchanged and in full force and effect. Page 2 V� , d �� a � TRANSMITTAL FORM t'� �tr��c�o��s�z�ct��'��t�r��n�r,�t��t�r��°�€�a�r � � � � ��n � �� TO CITYATTORNEY(225-4050)&CITY CLERK�225-44 9� Agreements O Bonds p Contracts p Leases p Escrow Instructions 0 Deeds p Securities p Resolutions p Ordinances 0 Opinions Date: 1/12/2023 From: Justin Day Dept. Name: Electric Dept. # 852 Phone: 530-339-7304 Person most knowledgeable: �ustin Day Phone: 530-339-7304 INSURANCE REQUIREMENTS MET? When submitting contract for review, you must also submit an lnsurance Transmittal Form to Risk so insurance can be requested and approved in PINS. If not, your contract will be held in the Gerk's Office. For help contact Risk Liability at,odahl e�7r cifvca�re��lira .€��or(530)225-438 � � - , w e� � �.� � � �._ DESCRIBE ATTACHED DO UMENT(Sl ,�� : � �,� �� Document Title: Consultina and Professional Services Contract � � outside Parry(ies): EverLine Compliance CA, LLC �� Project/Purpose: DOT Pipeline and Hazardous Materials Safety Administration (PHMSA) �at�ira�__.._al�a.�,ninPlinP rnm lin��,p COUNCIL APPROVAL REQUIRED? No C�-�'es C�IF YES,DATE OF MEETING: Agenda Item#: Was contract/agreement the result of an RFP or Bid? No Di'es 0 Bid Schedule #or RFP#: 5301 REQUEST FOR ATTORNEY SERVICES � �ltt��°n�� vi�tv� I)z'�ft-All documents must be revievved�a,approt�ed b�fore obtair�ing any si�nat�zres. VVher�amending cant�°acts,attach a copy of ori�inal con�ract and all pri�r�mendment�, I�o not e-mail documents vvi�h�i�t prior approval. ❑ RetUi'ri di'afts t0: (to finalize&obtain outside signatures) � ��r��r 4� ��re��s � ��°��i��"�� '��,&�: ��; �$r�f�� ,��vic��'y�4e�a��w�� a��€��r�,aEy; �?� �c��,�a��: �-�br,��i�� c��si�� i��t�t��°��. ��s��z�� et��s'.�a��. �s��a�rc'.t�ss _nc�sL��&��9 zn��ft-i�:"�i�r� �cre�"t��s �:��lI�i�;��t�a�� a��. (Attorney approval mandatory-RMC§4.20.120.A) *Note: Signed originals will be forwarded to City Clerk for necessary City signatures,insurance& other requirement verification,and processing. � Mailing/distribution Instructions: Prepare Certificate of Acceptance (easement&grant deeds) � ❑ � � Memo or additional info is attached. � Other: Save for Attorney's Notes �� _ _ �,� „�"`� *'", �.a �.� �,,� ;,� City Attorney Log# � �� h ,,� � Logged Out By: �,�'" Rev.06/20 � -!— CIT'Y F I ' ==- �'% 777 Cypress �lvenue, Redding, CA 96001 _. . :- , ,-- � = PO BOX 496071, Redding, CA 96049-6071 C �i L ! F � � N � ��'"�' cftyc�fr�cl�ing.org � - , ,, - PAMELA MIZE,CITY CLERK SHARLENE TIPTON,ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX January 19, 2023 EverLine Compliance CA, LLC ATTN: Travis Adams 4203 Montrose Bivd., Suite 670 Houston, TX �7006 RE: Consulting &Professional Services Contract-C-9686 Dear Travis Adams: Enclosed please find a copy of the above referenced fully executed Consulting & Professional Services Contract by and between the City of Redding and EverLine Compliance CA, LLC, for the purpose of U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration(PHMSA) natural gas pipeline compliance. If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at (530) 225-4439. Sincerely, � �� - Kristen McGee Management Analyst Enclosure cc: Justin Day Ellen Grannis CITY OF REDDING CONSULTING AND PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made at Redding, California,by and between the City of Redding("City"), a municipal corporation, and EverLine Compliance CA, LLC ("Consultant") for the purpose of U.S. Department of Transportation {DOT) Pipeline and Hazardous Materials Safety Administration(PHMSA) natural gas pipeline compliance. WHEREAS, City does not have sufficient personnel to perform the services required herein thereby necessitating this Contract for personal services. NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows: SECTION l. CONSULTANT SERVICES Subject to the terms and conditions set forth in this Contract, Consultant shall provide to City the services described in Exhibit A,attached and incorporated herein. Consultant shall provide the services at the time, place and in the manner specified in Exhibit A. SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS A. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in Exhibit B, attached and incorporated herein, in an amount not to exceed one hundred ninety thousand dollars($190,000),per fiscal year. Consultant shall perform the work set forth in E�ibit A in an amount not to exceed one hundred sixty-two thousand dollars ($162,OOQ), per fiscal year. An additional twenty-eight thousand ($28,000),per fiscal year, is set aside administratively for the purposes of compensating Consultant for "as needed" work during the term of this Contract. This sum includes all out-of-pocket travel, lodging and incidental expenses incurred by Consultant that are reasonably associated with the provision of services under this Contract. The payments specified herein shall be the only payments to be made to Consultant for services rendered pursuant to this Contract. B. Consultant shall submit monthly invoices to City for work completed to the date of the invoice. All invoices shall be itemized to reflect the employees performing the requested tasks, the billing rate for each employee and the hours worked. C. All correct,complete and undisputed invoices sent by Consultant to City shall be paid within thirty (30) calendar days of receipt. D. Pursuant to Section 1781 of the Labor Code, Consultant is advised that the work contemplated in Sections 1 and 3 of Exhibit A of this contract is subject to the payment of prevailing wages. The prevailing wage of each job classification may be �� a � Consulting and Professional Services Agreement Page 1 Rev. 6/15 � found by inquiry with the California Department of Industrial Relations. Consultant shall comply with all laws related to the performance of public work including, but not limited to,the employment of apprentices pursuant to Section 1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections 1774-1776 of the Labor Code in regards to payment of prevailing wages and to provide the City of Redding and Department of Industrial Relations certified payrolls when required. A certified � copy of all payroll records relative to this project sha11 be submitted to the City of Redding along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment. E. No consultant, contractor, subconsultant, or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. No consultant, contractor, subconsultant, or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. A11 consultants, contractors, subconsultants, and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Consultant is further advised that the work contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations. SECTION 3. TERM AND TERMINATION A. Consultant shali commence work on or about January 1,2023 and complete said work no later than December 31, 2027. Time is of the essence. B. If Consultant fails to perfarm its duties to the satisfaction of City, or if consultant fails to fulfill in a timely and professional manner its obligations under this Contract, then City shall have the right to terminate this Contract effective immediately upon City giving written notice thereof to Consultant. C. Either Party may terminate this Contract without cause on thirty (30) calendar days' written notice. Notwithstanding the preceding, if the term set forth in Section 3.A. of this Contract exceeds ninety(90)calendar days in duration,Consultant's sole right to terminate shall be limited to termination for cause. D. Consultant hereby acknowledges and agrees that the obligation of City to pay under this Contract is contingent upon the availability of City's funds which are appropriated or allocated by the City Council. Should the funding for the project and/or work set forth herein not be appropriated or allocated by the City Council, City may terminate this Agreement by furnishing at least thirty (30) calendar days' written notice of its intention to terminate. In the event of a termination pursuant to this subdivision, Consultant shall not be entitled to a remedy of acceleration of Consulting and Professional Services Agreement Page 2 Rev.6/15 payments due over the term of this Agreement. The Parties acknowledge and agree that the power to terminate described herein is required by Article 16, Section 18, of the California Constitution, and that constitu�ional provision supersedes any law, ru1e, regulation or statute which conflicts with the provisions of this Section. E. In the event that City gives notice of termination, Consultant shall promptly provide to City any and all finished and unfinished reports, data, studies,photographs,charts or other work product prepared by Consuitant pursuant to this Contract. City shall have full ownership, including, but not Iimited to, intellectual property rights, and control of all such finished and unfinished reports, data, studies, photographs,charts or other work product. F. In tha event that City terminates the Contract, City shall pay Consultant the reasonable value of services rendered by Consultant pursuant to this Contract; provided, however, that City shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Contract. Consultant shall, not later than ten (10) calendar days after termination of this Contract by City, furnish to City such financial information as in the judgment of the City's representative is necessary to determine the reasonable value of the services rendered by Consultant. G. In no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party's failure to perform each obligation required by this Contract. SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT A. City shall make its facilities accessible to Consultant as required for Consultant's performance of its services under this Contract, and, upon request of Consultant, provide labor and safety equipment as required by Consultant for such access. B. Pursuant to the City's business license ordinance, Consultant shall obtain a City business license prior to commencing work. C. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of any nature whatsoever that are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and eXpense, keep in effect or obtain at all times during the term of this Contract any licenses, permits and approvals that are legally required for Consultant to practice its profession. D. Consultant shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/employee relationship, association, joint venture relationship,trust or partnership or to allow City to exercise discretion or control over Consulting and Professional Services Agreement Page 3 Rev.6/1 S the professional manner in which Consultant performs under this Contract. Any and all taxes imposed on Consultant's income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Consultant.Consultant sha11 be responsible for any taxes or penalties assessed by reason of any claims that Consultant is an employee of City. Consultant shall not be eligible for coverage under City's workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit. E. No provision of this Contract is intended to,or shall be for the benefit of,or construed to create rights in, or grant remedies to, any person or entity not a party hereto. F. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Consultant may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of this Contract and Consultant shall have an affirmative duty to assure that said independent contractors and subcontractors comply with the same and agree to be bound by its terms. Consultant shall be the responsible party with respect to all actions of its independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as City's Risk Manager shall determine to be necessary. G. Consultant, at such times and in such form as City may require, shall furnish City with such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs or obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. H. Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to state and federal authorities, or any autharized representative of City. Consultant shall retain such records for three (3) years after the expiration of this Contract, unless prior permission to destroy them is granted by City. I. Consultant shall perform all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Consultant's profession. All products of whatsoever nature which Consultant delivers to City pursuant to this Contract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Consultant and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract. Consulting and Professional Services Agreement Page 4 Rev.6/15 J. All completed reports and other data or documents, or computer media including diskettes, and other materials provided or prepared by Consultant in accordance with this Contract are the property of City, and may be used by City. City shall have all intellectual property rights including, but not limited to, copyright and patent rights, in said documents,computer media,and other materials provided by Consultant. City shall release, defend, indemnify and hold harmless Consultant from all claims,costs, expenses, damage or liability arising out of or resulting from City's use or modification of any reports, data, documents, drawings, specifications or other work product prepared by Consultant, except for use by City on those portions of the City's project for which such items were prepared. K. Consultant shall comply with a11 Federal and State regulations regarding hazardous wastes, including universal waste. Consultant shall be responsible for collection, control, storage, labeling, transport, and disposal of all hazardous wastes, including universal waste, generated during completion of this Contract. L. Consultant, including its employees, agents, and subeonsultants, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Consultant shall comply with all requirements of the Political Reform Act (Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant's economic interest, and 2) if required by the City Attorney, Consultant sha11 file financial disclosure forms with the City Clerk. M. Consultant agrees to the following confidentiality terms: 1. Any and all of the Confidential Information disclosed to the Receiving Parties is solely to enable each Consultant to perform its obligations in eonnection with the Project (the "Permitted Use"), and in no event shall any Consultant be deemed, by virtue of the terms of this Agreement or by any disclosure to or discussion with either Consultant, to have acquired any right or interest in or to such Confidential Information (or any other information provided by City to each Consultant). For purposes hereof, "Confidential Information" shall include all data, materials, products, formulae, process technology, specifications, manuals, business plans, marketing plans, financial information, customer lists, and other information disclosed or submitted, orally, in writing, or by any other media, by the City to either Consultant. 2. No Consultant will disclose, communicate, or publish the City's Confidential Information to any person or entity, nor use any of the Confidential Information it receives, acquires, or obtains from the City except in connection with the Permitted Use. The Receiving Parties will only disclose the Confidential Information to employees of the Receiving Parties on a"need to know" basis. Each Consultant shaIl immediately advise its employees and Consulting and Professional Services Agreement Page 5 Rev.6/15 others to whom the Confidential Information is disclosed of their strict obligations under this Agreement and shall take all necessary steps to ensure that the confidentiality of the Confidential Information is securely maintained and that the Confidential Information is used only as permitted by this Agreement. 3. All Confidential Information and materials, including, without limitation, documents, drawings, models, computer programs, photographs, apparatus, sketches, and designs furnished to each Consultant by the City, shall remain the property of the City and shall be returned to the City promptly at its request along with all copies made thereof. No Consultant shall remove any indications of ownership or marking of "confidentiality" from any of the Confidential Information. 4. After the Permitted Use is complete and upon City's written notice, each Consultant shall return all physical copies of all Confidential Information to the City and erase all eleetronic copies of such Confidential Information that may be stored in the applicable Consultant's electronic systems (the return and destruction shall be complete within ten days after receipt of the written notice and certified by an officer of the applicable Consultant). 5. Each Consultant`s obligation to maintain the Confidential Information shall continue in perpetuity, unless otherwise agreed to by the City; provided, however, no Consultant will have any obligation to maintain the confidentiality of any given item of Confdential Information which: (a) is part of the public domain at the time of disclosure to the Receiving Parties; (b) becomes part of the public domain subsequent to the time of disclosure other than through the acts, omissions,or fault(either direct or indirect)of the Receiving Parties; (c} was already known to the applicable Consultant prior to the time of disclosure, as evidenced by written records kept in the ordinary course of business by the applicable Consultant; and (d) is or must be disclosed pursuant to court order or governmental action. 6. Each Consultant acknowledges that failure to perform the obligations and agreements set out herein may result in irreparable injury to the City. Accordingly, each Consultant further agrees that, in addition to remedies otherwise available, any and all such obligations may be enforced by suit, restraining order, and/or by injunction. Notwithstanding anything set forth herein, each Consultant shall only be liable for a breach of this Agreement by it(and its employees, agents and representatives) and not for a breach of this Agreement by the other Consultant (or its employees, agents and representatives). 7. Any notices,requests, demands and other communications hereunder shall be deemed to have been duly given to a party when personally delivered, or five days after mailing, if addressed to such party at its address first above written Consulting and Professional Services Agreement Page 6 Rev.6/15 or as such party may notify the other in accordance with this section. The validity, interpretation, and enforceability of this Agreement shall be governed by the laws of the State of California, and any and all disputes arising from this Agreement shall be heard by courts located in the State of California; it shall inure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns; it may be amended only by instrument in writing specifying it as an amendment to this Agreement executed by the parties hereto; and it may be assigned only by written agreement of the parties; there are no understandings, agreements, or representations expressed or implied not specified herein. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior discussions between them whether written or oral. SECTION 5. INSURANCE AND BONDING A. Unless modi�ed in writing by City's Risk Manager, Consultant shall maintain the following noted insurance during the duration of the Contract: Covera�e Required Not Repuired Commercial General Liability X Comprehensive Vehicle Liability X Workers' Compensation and Employers' Liability X Professional Liability(Errors and Omissions) X (Place an"x"in the appropriate box) B. Coverage shall be at least as broad as: 1. Insurance Services Office form number CG-0001, Commercial General Liability Insurance, in an amount not less than$1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; 2. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applieable to all owned, non-owned and hired vehicles; 3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers' Compensation and Employers'Liabilitypolicies shall contain the insurer's waiver of subrogation Consulting and Professional Services Agreernent Page 7 Rev.6/15 in favor of City, its elected officials, officers, employees, agents and volunteers; 4. Professional Liability (Errors and Omissions) Insurance, appropriate to Consultant's profession, against loss due to error or omission or malpractice in an amount not less than $1,000,000. 5. The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured's sole negligence" or any other verbiage limiting the insured's insurance responsibility. C. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City,ezther: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses. D. The General Liability shall contain or be endorsed to contain the following provisions: 1. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leased or used by Consultant; or automobiles owned, Ieased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, of�cers, employees, agents and volunteers. 2. The insurance coverage of Consultant shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Consultant's insurance and shall not contribute with it. 3. Coverage shall state that the insurance of Consultant shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior written notice has been given to City. Tn addition, Consultant agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) calendar days' prior written notice has been given to City. Consulting and Professional Services Agreement Page 8 Rev.6/15 E. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than A-VII. F. Consultant shall designate the City of Redding as a Certificate Holder of the insurance. Consultant shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be furnished to: Risk Management Department, City of Redding, '777 Cypress Avenue, Redding, CA 960Q1. The certificates and endorsements for each insurance po�icy are to be signed by a person authorized by the insurer to bind coverage on its behal£ All endorsements are to be received and approved by the City's Risk Manager prior to the commencement of contracted services. City may withhold payments to Consultant if adequate certificates of insurance and endorsements required have not been provided, or not been provided in a timely manner. G. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultantpursuant to this Contract, including, without limitation,provisions concerning.indemni�cation. H. If any policy of insurance required by this Section is a"claims made"policy,pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, Consultant shall keep said insurance in effect for a period of eighteen(18)months after the termination of this Contract. I. If any damage, including death, personal injury or property damage, occurs in connection with the perforrnance of ihis Contract, Consultant shall immediately notify City's Risk Manager by telephone at (530) 225-4068. No later than three (3) calendar days after the event, Consultant shall submit a written report to City's Risk Manager containing the following information, as applicable: 1)name and address of injured or deceased person(s);2)name and address of witnesses; 3)name and address of Consultant's insurance company; and 4) a detailed description of the damage and whether any City property was involved. J. Prior to award of the Contract by the City of Redding, the successful Bidder shall provide a Performance Bond and a Payment Bond to the City.The Performance Bond and Payment Bond shall be in effect no later than the first working day of the Contract period,and shall remain in effect until the end of the Contract period. Consultant shall provide one Performance Bond and Payment Bond for the entire contract period, in the amount of 100 percent of the total Evaluated Price. For each individual purchase order in an amount exceeding the initial Performance and Payment Bond, the Consultant shall provide an additional Performance Bond and Payment Bond in an amount equal to 100 percent of the price for all individual items of work to be let to the Consultant on the particular purchase order exceeding the initial Performance and Consulting and Professional Services Agreement Page 9 Rev. 6/15 Payment Bond. The Performance Bond and Payment Bond shall be submitted within five working days of City's request,and remain in effect until that particular purchase order is completed. Each purchase order shall be executed by the bidder and returned within five business days. Upon completion,and prior to the release of final payment, the Consultant shall provide a Maintenance Bond to the City.The Maintenance Bond shall be in effect no later than the last working day the Performance Bond and Payment Bond are in effect, and shall remain in effect for one (1) year. The Consultant shall provide one Maintenance Bond in an amount not less than 50 percent of the final contract price. SECTION 6. INDEMNIFICATION AND HOLD HARMLESS A. Consistent with California Civil Code § 2782.8, when the services to be provided under this Contract are design professional services to be performed by a design professional, as that term is defined under Section 2'782.8, Consultant shall, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs)of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, the negligence, recklessness, or willful misconduct of Consultant, its officers, employees or agents in the perfbrmance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. B. Other than in the performance of professional services by a design professional, which is addressed solely by subdivision{A)of this Section, and to the futlest extent permitted by law, Consultant shall indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses,penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs)of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Consultant its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. C. The Consultant's obligation to defend, indemnify and hold harmless shall not be excused beeause of the Consultant's inability to evaluate liability. The Consultant shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the Consultant fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy Consulting and Professional Services Agreement Page 10 Rev.6/15 authorized by Iaw, the City may withhold such funds the City reasonabty considers necessary for its defense and indemnity until disposition has been made of the claim or until the Consultant accepts or rejec�s the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Consultant herein. D. The obligation to indemnify, protect, defend, and hold harmless set forth in this � Section applies to all claims and liability regardless of whether any insurance policies are applicabte. The policy limits of said insurance policies do not act as a limitation upon the amaunt of indemni�cation to be provided by Consultant. E. City shall have the right to approve or disapprove the legal counsel retained by Consultant pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section. SECTION 7. CONTRACT I_NTERPRETATION, VENUE AND ATTORNEY FEES A. This Contract shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to its costs and reasonable attorneys' fees. B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended ar modified except by a writing signed by City and Consultant. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of th�s Contract, shall affect or modify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement or conversation entitle Consultant to any additional payment wha�soever under the terms of this Contract. C. No covenant or condition to be performed by Consultant under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Consultant of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence. D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law. Consulting and Professional Services Agreement Page 11 Rev.6/15 E. The headings in this Contract are inserted far convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein. F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply. G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. H. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract proper shall prevail. In the event of a conflict between the ternns and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Consultant. SECTION S. SURVIVAL The provisions set forth in Sections 3 through 7, inclusive, of this Contract shall survive termination of the Contract. SECTION 9. COMPLIANCE WITH LAWS -NONDISCRIMINATION A. Consultant sha11 comply with all applicable laws, ordinances and codes of federal, state and local governments. B. In the performance of this Contract, Consultant shall not discriminate against any employee or applicant for employment because of race, color, ancestry, national origin,religious creed, sex, sexual orientation,disability, age,marital status,political Consulting and Professional Services Agreement Page 12 Rev.6/15 affiliation, or membership or nonmembership in any organization. Consultant shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry,national origin, religious creed, sex, sexual orientation, disability, age,marital status,political affiliation,or membership or nonmembership in any organization. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. SECTION 10. REPRESENTATIVES A. City's representative for this Contract is Jaeryd Loader,telephone number(530)245- 7021, fax number (530) 245-7010, email jloader@cityofredding.org. All of Consultant's questions pertaining to this Contract shall be referred to the above- named person, or to the representative's designee. B. Consultant's representative for this Contract is Travis Adams, telephone number (210) 540-4703, email travis.adams@everlineus.com. All of City's questions pertaining to this Contract shall be referred to the above-named person. C. The representatives set forth herein shall have authority to give all notices required herein. SECTION 11. NOTICES A. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender(may be other than the representatives referred to in Section 10) and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows: To City: To Consultant: City of Redding Electric Utility EverLine Compliance CA, LLC ATTN: Jaeryd Loader ATTN: Travis Adams/Trent Ackhurst 17120 C1ear Creek Road 6450 Cypresswood Drive Reddin , CA 96001 Houston, TX 77070 B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section. C. Notice shall be deemed effective upon: 1)personal service;2)two calendar days after mailing or transmission by facsimile, whichever is earlier. Consulting and Professional Services Agreement Page 13 Rev. 6/15 SECTION 12. AUTHORITY TO CONTRACT A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Contract. B. When the Mayor is signatory to this Contract, the City Manager and/or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Consultant or otherwise substantially change the scope of the services provided herein. SECTION 13. DATE OF CONTRACT The date of this Contract shall be the date it is signed by City. Consulting and Professional Services Agreement Page 14 Rev.6/15 IN WITNESS WHEREOF,City and Consultant have executed this Contract on the days and year set forth below: CITY OF REDDING, A Municipal Corporation _.��_ _ - �� __. � T Dated: , 20 __...� , � w,�� By: ATTEST: APPROVED AS TO FORM: BARRY E. DeWALT City Attorney �� , � _ � �;` � PAMELA MI E, City k By: � CONSULTANT Dated: a;�� ,20� f,�` � =�� .�.." � �� By' � Tax ID No.:_�� - �� Consulting and Professional Services Agreement Page 15 Rev.6/15 EXHIBIT A Scope of Work At a minimum, the scope of this proposal includes all tasks to meet the U.S. Department of Transportation's (DOT) Pipeline and Hazardous Materials Safety Administration's (PHMSA) standards and compliance. The list of tasks provided encompass the measures needed to fulfill the compliance services for the City of Redding. The Consultant agrees to provide all services, hereinafter indicated, and all other services necessary to meet the DOT's PHMSA's standards and compliance. Field and Compliance Services 1. Completion of PHMSA Gas Pipeline Operations and Maintenance (O&M) field services. 2. Colnpletion of PHMSA Gas Pipeline Compliance Engineering and Program services. A. All Field Services listed as part of the agreement will be completed in a timely manner and in accordance with DOT pipeline regulations, REU O&M procedures, REU pipeline emergency plan procedures, pipeline operator qualification procedures, and all applicable industry standards. B. The Consultant will implement programs that follow 49 CFR 192 and aIl elements in connection with the regulatory/compliance standards to include required pipeline modeiing studies. C. The Consultant agree to take the lead during PHMSA gas pipeline O&M audits. The proposed work includes audit prep,an executed copy of the PHMSA Gas Audit Questionnaire, a pre-audit client meeting,and the Consultant will act as the Liaison for The City of Redding during all audit facilitations whether they be physical and/or virtual. D. The Consultant agrees to make all 49 CFR 192 regulated and required documentation readily available to The City of Redding utilizing secure online databasing software. The software will provide eompliance tracking for all programs and field aetivities. The software will utilize live-time-transmissions and is available to The City Redding as a complianee calendar and/or tracking mechanism. The jurisdictional pipeline will be programmed with the required regulated dates for each field and programmatic activity per 49 CFR 192. The City of Redding will receive notifications and reminders for each scheduled administrative,technical, and engineering task.Each required activity will correlate with the correet procedures as outlined in the O&M Manual. The correct doeumentation will be attached to the activity inside of the specified calentlar date and will remain active throughout the specified terms of the agreement. Consulting and Professional Services Agreement Page 16 Rev.6/15 Gas Pipeline Construction and Repair 3. Completion of PHMSA Gas Pipeline Construction Services A. Construction and repair services shall be completed in a timely manner in accordance with DOT pipeline regulation, City O&M procedures, City pipeline emergency plan procedures, pipeline operatar qualification procedures, and all appropriate industry standards. B. The Consultant will be onsite to support the project ll1 terms of compliance and project timelines, and may coordinate work through subcontractors. All subcontracts will meet all necessary legal and regulated requirements, including those from the California Department of Industrial Relations (DIR), C. The Consultant will continue to work with the City of Redding on existing procedures and will develop, implement, and manage all procedural needs. The O&M Manual will be reviewed annually, and not to exceed 15 months. Construction records will be maintained for the life of the pipeline asset. D. The Consultant agrees to take the lead during PHMSA gas pipeline construction and repair audits. The proposed work includes audit prep, an executed copy of the PHMSA Gas Construction and Repair Audit Questionnaire, a pre-audit client meeting, and the Consultant will act as the Liaison for The City of Redding during all audit facilitations whether they be physical andlor virtual. E. The Consultant agrees to make all 49 CFR 192 regulated and required documentation readily available to The City of Redding utiiizing secure online databasing software. The software will provide compliance tracking for all programs and field activities. The software will utilize live-time-transmissions and is available to The City Redding as a compliance calendar and/or tracking mechanism. The jurisdictional pipeline will be programmed with the required regulated dates for each field and programmatic activity per 49 CFR 192. The City of Redding will receive notifications and reminders for each scheduled administrative,technical,and engineering task.Each required activity will correlate with the correct procedures as outlined in the Operations and Maintenance Manual. The correct documentation will be attached to the activity inside of the specified calendar date and will remain active throughout the specified terms of the agreement. F. The Consultant agrees, as part of the agreement, to provide construction job book reviews,when requested. Gas Pipeline Operator Quali�cation 4. Completion of PHMSA Gas Pipeline Operator Qualification(OQ) Consulting and Professional Services Agreement Page 1� Rev.6/15 A. OQ services shall be completed in a timely manner in accordance with DOT pipeline regulation, REU O&M procedures, REU pipeline emergency plan procedures,pipeline operator qualification procedures, and all appropriate industry standards. The Consultant utilizes Energy World Net as the primary OQ provider. The Consultant's OQ programs will be managed and updated as necessary including annual reviews, not to exceed 15 months. B. The Consultant shall develop, maintain, conduct annual reviews, and update pipeline OQ procedures and records, as required by 49 CFR 192 and PHMSA OQ inspection protocols. Procedures will continue to be monitored and updated on a periodic and annual basis, when applicable. The Consultant will also ensure with the element of O&M �hat operator effectiveness (performance) is being tracked annually, as required. All records will be reviewed and housed using the Consultant's electronic tracking compliance solution software. C. The Consultant agrees to take the iead during PHMSA gas pipeline OQ audits. The proposed work includes audit prep, an executed copy of the PHMSA Gas Audit Questionnaire, a pre-audit client meeting, and the Consultant will act as the Liaison for The City of Redding during all audit facilitations whether they be physical and/or virtual. D. The Consultant shall make all required PHMSA gas pipeline OQ documentation available for viewing to City staff using a secure online database/management system. The current electronic management system being utilized is through Compliance Services Incorporated CSI).The Consultant is responsible for ensuring the compliance of any service agreement being utilizing. Gas Pipeline Integrity Management 5. Completion of PHMSA Gas Pipeline Integrity Management Program(IMP). A. IMP services shall be completed in a timely manner in accordance with DOT pipeline regulation, REU O&M procedures, REU pipeline emergency plan procedures,pipeline operator qualification procedures, and all appropriate industry standards. B. The Consultant wi11 develop and implement an Integrity Management Manual and will act as the primary management provider for Integrity. C. The Consultant shall, at a minimum, conduct annual reviews, using agenda format, for each IMP element to satisfy all requirements of the PHMSA. Consulting and Professional Services Agreement Page 18 Rev.6/15 D. The Consultant shall perform an annual update to the Class location, HCA, and MCA determinations, in accordance with the regulations covered by 49 CFR 192 Subpart O and all others that may apply. E. The Consultant will develop a new risk model in accordance with the updated PHMSA audit protocols to ensure that the City of Redding has an indexed risk model that is compliant with 49 CFR 192 Subpart O, and all other rules and regulations, and that will stand up in any regulatory audit. A risk assessment will be run reflecting the threats to the pipeline, the likelihood of their occurrence, and the consequences of any failure to the pipeline. The Consultant will also look at suggested, realistic preventative and mitigative measures (PMM) based on the results of the risk assessment performed. Also, in accordance with 49 CFR 192 Subpart O, and any other applicable rule or regulation, the Consultant will perform an annual update to the risk model and risk assessment reflecting any changes that have occurred to the pipeline. F. The Consultant shall take lead during gas pipeline IMP audits, and provide all required procedures and records as required by 49 CFR 192. G. The Consultant shall make all required gas pipeline IMP documentation available for viewing to City staff using a secure online database/management system. The Consultant will also be available to update City staff on all new regulations and will reflect these in their IMP plan where relevant. H. The Consultant will ensure that all Integrity assessments required by 49 CFR 192, and any other regulations, are performed. The Consultant will assist with the determination of which Integrity Assessment would be most suitable for the pipeline based on risk results and possible options. The Consultant could also manage these Integrity Assessments as an optional extra scope should this be required by City staff. I. The Consultant will review all pipeline data that is deemed relevant to the Integrity of the pipeline, such as corrosion control records, O&M activities and will perform incident reviews, as necessary,where damages are found, failures occur, or service interruptions take place. Public Awareness Program 6. Management of the public awareness program All compliance related documentation completed or held by the Consultant for the City shall be provided to the City upon termination of the contract. This includes all required PHMSA documentation and documentation stored within the secure online database/management system. Consulting and Professional Services Agreement Page 19 Rev.6/15 EXHIBIT A-1 Compliance Tasks The following tables show associated tasks to meet the DOT's PHAMSA's standards and compliance. The tasks shown may change in order to maintain proper compliance. Table 1: O&M Field Services Item # Description [49 CFR 192] Freq. Responsibie Party 1 Patrol of ROW's (class 3) Twice per year EverLine 2 Critical Crossing(highways,railroads} Four Times per � EverLine� Inspection (class 3) year 3 Leak Survey with Instrument(class 3) Twice Per Year EverLine 4 Emergency Valve Inspection/Testing(ESD) Once per year EverLine 5 Pressure Limiting Device Once per year Third Par�y* Inspection/Testing(PSV) 6 Valve Maintenance Once per year EverLine 7 Monitoring of ESD Valve Ongoing EverLine SCADA g Atmospheric Corrosion Inspection - Every three years EverLine Onshore 9 Corrosive Gas Investigation—Obtain Once per year Third Party Sample 10 Corrosive Gas Investigation—Engineering Once per year Third Party Review 11 External Corrosion Control Cathodic pnce per year Third Party* Protection(CP) System Survey Monitoring of pipeline pressure & 12 emergency notification for under/over Ongoing EverLine pressure events 13 External Corrosion control Rectifier Six times per year EverLine Inspection &Readings 14 External Corrosion CP Remote Monitoring Ongoing Third Party 15 Class Location Study Initial+annual EverLine update 16 Verification of Corrosion Tasks by Once per year EverLine Qualified Individual 17 USA Ticket Management. As needed EverLine 1$ External Exposed Pipe Report Inspections As needed EverLine 19 Event Driven Internal Exposed Pipe As Needed EverLine Corrosion Inspection/Report 20 Inspect and Maintain Pipeline Markers Once per year EverLine *May be billed at T&Mwith prior authorization Consulting and Professional Services Agreement Page 20 Rev.6/15 Table 2: O&M Compliance Item # Description [49 CFR 192] Freq. Responsible _ Party 1 Update CP Maps Once per year EverLine 2 Update Construction Maps and Records Once per year EverLine 3 O&M Procedures Review and Updates Once per year EverLine 4 PHMSA Annual Report March 15. EverLine 5 NPMS review and Update March 15 EverLine 6 Review Work Performed by Operator Once per year EverLine 7 Relief Valve Capacity Review Once per year EverLine 8 Continuing Surveillance Review Once per year EverLine 9 Review Response of Operator to Abnormal Once per year EverLine Operations Government Liaison Meeting(Mailer 10 Outreach Packet) and through Emergency Once per year EverLine Training Facilitations 11 Maintain List of Excavators Once per year EverLine 12 Member of"One Call" dig alert in California Ongoing EverLine 13 public Awareness: Mailers to Residents and Every Two Years EverLine Businesses Along ROW 14 Public Awareness: Mailers to Excavators Once per year EverLine 15 Public Awareness: Mailers to Emergency Once per year EverLine Officials 16 Public Awareness: Mailers to Public Officials Once every two EverLine years. 17 Public Awareness: Mailers to "One-Call" Once per year EverLine Centers ig PA Surveys Results & Conclusions - Once every four EverLine Residents years 19 PA Surveys Results& Conclusions - Once every four EverLine Excavators years 20 PA Surveys Results & Conclusions -EM. Once every four EverLine Responders years 21 PA Surveys Results& Conclusions—Public Once every four EverLine Officials _ years 22 PA Program Self-Assessment Once per year EverLine 23 Update Corrosion Maps and Records Once per year EverLine 24 GIS Mapping and Analysis � Modeling As needed EverLine 2� National Registry of Operators and As needed EverLine Notifications � 27 "Maintain OMB Control Number Assigned to Continuous EverLine Collect Information 2� Integrity Management Ongoing EverLine Consulting and Professional Services Agreement Page 21 Rev.6/15 Table 3: O&M Compliance Drug Plan and Testing Item # Description [49 CFR 192] Freq. Responsible Party 1 PHMSA Annual Drug Report(DAMIS) Once per year EverLine 2 Company(Contractor)Drug Plan & Once per year EverLine Procedures and Review 3 Company(Contractor)Records of Random Once per year EverLine Drug Testing Review 4 Sub-Contractor Drug Plan& Procedures Once per year EverLine Review 5 Sub-Contractor Records of Random Drug Once per year EverLine Testing Review 6 Post-Accident Drug Testing Records Review As needed EverLine Table 4: O&M Compliance Emergency Response Item # Description [49 CFR 192] Freq. Responsible : . _ Party 1 Pipeline Emergency Procedures Review Once per year EverLine 2 Emergency Drill or Training & Verify Once per year EverLine Effectiveness 3 Verify Qualification of Emergency Contractor Once per year EverLine Documentation of initial OSHA 4 . . Ongoing EverLine Hazwoper 24 HR EverLine Operator Trammg Documentation of annual OSHA 5 . . Once per year EverLine Hazwoper 8 HR EverLine Operator Trammg 6 Emergency Activity Review After an As needed EverLine Emergency Driven Event Table 5: O&M Campliance Event Driven Item # Description [49 CFR 192] Freq. Responsible _ _ Party 1 Verify MAOP if Class Location Changes As needed EverLine 2 Telephone Reports to NRC As needed EverLine 3 Incident Report As needed EverLine 4 Safety Related Condition Report As needed EverLine 5 Abnormal Operations Report As needed EverLine 6 Failure Investigation Report As needed EverLine 7 Conversion of Service Report As needed EverLine 8 Abandonment Report As needed EverLine 9 Pressure Testing Report As needed EverLine Consulting and Professional Services Agreement Page 22 Rev.6/15 Table 6: O&M Canstruction and Repair Item # Description [49 CFR 192] Freq. Responsible Party 1. Non-Destructive Testing As needed Third Party 2. Welding As needed Third Party 3. Hydrotesting(Pressure Testing) As needed Third Party 4. � Pipe Repair or Modification As needed Third Party 5. Design and Engineering As needed Third Party *Event driven construction and repair may be billed at T&M and will meet or exceed 49 CFR 192 Table 7: OQ Compliance Item # Description [49 CFR 192] Freq. Responsible _ _ Party 1 File and Track OQ Records Ongoing EverLine 2 Provide Sub-Contractor Records to the City of Ongoing EverLine Redding 3 Review and Update OQ Procedures Once per year EverLine 4 Monitoring Individuals Between Re- As needed EverLine Evaluation Intervals 5 Comprehensive Program Audit As needed EverLine 6 Contractor Status Verification Once per year EverLine � Verify company Personnel OQ Records are Once per year EverLine Current for Work Performed g Train Company Employees as Needed to Every 3 years EverLine Maintain Qualifications 9 Operate Pipeline on Daily Basis Clnly Using Ongoing EverLine � Qualified Personnel Table 8: IMP Compliance Item # Description [49 CFR 192] Freq. Responsible Party 1 IMP Procedures Annual Review Once per year EverLine 2 Class Location MCA/HCA Once per year EverLine 3 ID of Threats, Data Integration, and Risk Once per year EverLine Analysis 4 Baseline Assessment Once per year EverLine 5 Direct Assessment Once per year EverLine 6 Remediation and Repair Once per year EverLine '7 Continual Evaluation and Assessment Once per year EverLine 8 Confirmatory Direct Assessment Once per year EverLine 9 Preventive and Mitigative Measures Once per year EverLine 10 Record Keeping Once per year EverLine Consulting and Professional Services Agreement Page 23 Rev.6/15 11 Management of Change Once per year EverLine 12 Quality Assurance Once per year EverLine 13 Communication Plan Once per year EverLine 14 Agency Notification Once per year EverLine 15 Environment and Safety Once per year EverLine Table 9: IMP Compliance Additional T&M Services Item # Description [49 CFR 192] Freq. Responsible _ Party 1 Pipeline Testing, Modification, and/or Repairs As needed Third Party Based on Assessment 2 Pressure Test Pipeline and/or ILI Inspection Interval and/or Third Party ECDA. Required Every 5 Years 3 Supplemental Assessment(CIS, DCVG, etc.) As needed Third Party 4 Direct Assessment(ECDA, etc.) As needed Third Party 5 Material Verification As needed Third Party 6 Risk Assessment Modeling(Update) Annually and As EverLine _ Needed *Additional services Yequire prior authorization by the City Table 10: Itemized Offering Sco e 49 CFR 195 The pipeline systern consists of approximately 2.98 miles (15,750 feet)of Covered 10"pipeline. The pipeline begins in the city of Redding just east of Hwy Regulated �273 and travels approximately 3 miles in a westerly direction where it System terminates at the City of Redding Power Plant. The pipeline type is gas transmission and is located in a Class 3 area(residential and business district , and the i eline is sub'ect to Sub art O Inte rit Mana ement . Operations 1 O erations and Maintenance (O&M Pro ram. Program 2 O erator ualification O Pro ram Included in Release 3 Public Awareness Pro ram Agreement 4 Inte rit Mana ement Pro ram IMP 1 O&M Pro ram Operations 2 O Pro ram Included in Program 3 Public Awareness Pro ram Agreement Reviews 4 IMP 5 Emer enc Res onse Plan Consulting and Professional Services Agreement Page 24 Rev.6/15 1 Receive and mana e USA North 811 tickets 2 Provide a positive response to all USA North 811 tickets for the re ulated i eline asset 3 Locate and mark the re ulated i eline asset Contact excavator and provide maps and additional Included in USA Tickets 4 asset information, as needed; conduct field meetings Agreement* with the excavator, when re uired Tickets will be managed from Locator Logix to 5 ��s��i��;��:f��..c��.�s,��at��; afield technician will respond to the ticket via email in connection with Locator Lo ix 1 Perform required 49 CFR 192 Compliance Field Services for a Class 3 Transmission Pi eline Field Services 2 Maintain i eline asset Included in 3 Provide ro'ect su ort Agreement 4 Perform annual ESD calibration Emer enc 1 Conduct 49 CFR 192 tableto exercises TTX drills g y 2 Ensure rocedure effectiveness � Included in Res onse g p 3 Res onse su ort and coordination A reement *Days 1-2 of USA Ticket callouts are included in the monthly subscriptions agreement;day(s) 3+will be billed based on T&M l Ensure qualification of personnel (computer-based trainin throu h Ener World Net Enrollment C?perator Perform simulated or physical field verifications Included in Qualifcation 2 (evaluation); up to 40 hours per year of qualifying Agreement time 3 Maintain recordkee in and trackin 1 Fee for the database 2 Mana ement of the database Inspection and testing records upload(records are 3 required to be delivered to EverLine; EverLine Secure Online Technician will be assi ned to records transfer Included in Database 4 Live-time electronic transmission delivery and Agreement notification s stem 5 Compliance pipeline tracking calendar setup and mana ement 6 Compliance program tracking calendar setup and mana ement. Consulting and Professional Services Agreement Page 25 Rev.6/15 � Control room tracking calendar setup and mana ement as a licable g Integrity Management tracking calendar setup and mana ement 9 Dedicated em lo ee assi nment 10 Continuous data collection and trackin The current database system (SafePipe Entry) allows Note for 2 additional Pipeline Systems and $1200 per i eline after the entr allotment 1 Public awareness manual release 2 Annual s stem s verification ma in 3 Identification of stakeholders: affected public, EO, PO, excavators, farmers, and schools count -wide Stakeholder audience identification (mailing): Public 4 affected public, EO, PO, One Call, farmers, and Included in Awareness schools count -wide Agreement 5 Annual Liaison Outreach Program: mailers and h sical attendance 6 Annual ublic awareness evaluation er API 1162 7 Pro ram effectiveness evaluation 8 O erator a e u dates 9 Audit assistance 1 IMP Manual Release 2 Quarterl meetin s 3 Performance measures 4 Risk assessment reviews 5 Preventative and miti ative measures 6 Inte rit assessment reviews and results High-consequence areas (HCA)/moderate 7 consequence areas (MCA) analysis and continuous Integrity modelin u dates Included in Management g Emergency flow release device(EFRD) analysis Agreement studies 9 Risk assessment stud and u dates 10 Assist with GIS digitization needs for the pipeline s stem s 11 Continuous mana ement of the IMP 12 24/7 consultin 13 In-line ins ection ILI consultin su ort 14 Data mana ement 15 Annual u dates for re uired i eline studies Consulting and Professional Services Agreernent Page 26 Rev.6/15 1 PHMSA annual as re ort 2 National i eline ma in s stem PMS submittal Reporting and if applicable, submit State and Federal (PHMSA) Included in Notification 3 construction notifications for all pipeline(s); includes Agreement conversion to service notifications and flow route reversals Class Location 1 Gas class location study and updates Included in Stud A reement Internal Audit 1 Conduct internal audits, up to 40 hours per year Included in A reement 1 Quarterly operational engineering compliance and field reviews Quarterly meetings will be facilitated by the Director Quarterly 2 of Com liance CA and mana ement Included in Reviews 3 Detailed anal ics resented and delivered Agreement 4 Ga anal sis deliverable er assessment 5 Metrics and trends 6 Ph sical site com liance checks 24/7 Consulting 1 24/7 consulting support Included in Su ort Agreement Compliance Client access to EverLine Compliance Departments Included in Department 1 for continuous consulting support/assistance. Agreement Access Consulting and Professional Services Agreement Page 27 Rev.6/15 EXHIBIT A-2 Control Room 1. Facility Description A. EverLine will provide control room services for REU's 3-mile Natural Gas transmission system. 2. Project Management A. EverLine will assign a Project Manager to coordinate the integration with REU's assigned point of contact. B. Project Schedule: EverLine's Project Manager will prepare a schedule for submission to a designated REU representative. The schedule will detail the major technical milestones for the project and EverLine's major project activities. C. Project Updates: At periodic intervals, EverLine's Project Manager will prepare a status report for submission to a designated REU representative. The reports will detail project progress, possible conflicts or sighted delays, scheduling requirements, and information/services required from REU to ensure timely project progress. 3. SCADA Design and Configuration A. EverLine will use information provided by REU along with field notes as a guide to building out the SCADA application, network, and system environment. The SCADA application and network equipment shail reside inside EverLine's secured data center located in downtown Houston for primary and Las Vegas for backup. Both locations shall be real time synchronized for instantaneous fail-over. B. Design: EverLine will adhere to its existing SCADA Functional Technical Specification for SCADA design to incorporate REU's assets into EverLine's C1earSCADA application. EverLine will wark closely with REU to define any requested format/layout/orientation preferences prior to commencing screen development. C. Alarm D&R: EverLine will complete an Alarm Determination and Rationalization and will maintain a Master Alarm Database D. Customer Access: EverLine will provide REU personnel with 24/7 read-only access to EverLine's C1earSCADA screens 4. Network Configuration A. EverLine will provide a secure SCADA network with a Dedicated DMZ for all field communication and remote user access. B. EverLine will establish a network connection between one or more locations within REU's local network, and EverLine's data center. These communication paths will be encrypted for a secure connection and replicated for EverLine's secondary data center. C. EverLine will provide all necessary hardware that sits inside the EverLine colocation. Hardware and associated configuration inside REU's environment is REU's responsibility and not included in this scope of work. Consulting and Professional Services Agreement Page 28 Rev.6/15 5. System Testing A. EverLine will be responsible for documenting the Point to Point (P2P) testing process from EverLine's facility in coordination with a REU fietd technician. EverLine's staff will perform troubleshooting of and correction to the SCADA system as required during P2P. 6. Control Room Services: A. 24/7 Monitoring and Control Services: EverLine will provide 24/7 remote monitoring and/or control of valves, pumps, meters, pressure transmitters, tanks, and other safety related devices to facilitate normal operating procedures and respond to abnormal and emergency conditions. EverLine will develop standard control room operating procedures in coordination with REU to define required actions during normal,abnormal, and emergency conditions, including interactions with REU's field personnel, REU's commercial personnel and third-party operators. EverLine will make 24/� noti�cations to REU's operations personnel based on pre-determined safety limits, abnormal operating conditions, or emergency conditions. B. CRM Compliance Management: EverLine will adhere to all CRM compliance requirements including a CRM Plan, staffing, alarm management, management of change, training, testing, reporting, documentation, and audit support. EverLine will provide training, qualifications and drug and alcohol testing for all eontrol room personnel performing covered tasks. EverLine will host and/or attend any regulatory audits associated with REU's control room operations. C. 24/7 SCADA and Network Maintenance and Support: EverLine will provide 24/7 network maintenance and support for EverLine's primary control center and backup control center including supporting infrastructure and the network connections from EverLine's control centers to REU's local network. D. Backup Control Center: EverLine's operations include a fully operational backup control room in San Antonio,TX that contains functionally equivalent components to the Primary Control Room and can perform all operational SCADA functions as backup to the Primary Control Center. EverLine will reloeate and assume operations from this backup center in the event of a planned emergency (e.g. Hurricane). E. Operational Reporting: EverLine will provide REU with any compliance related documentation but will not provide any incremental operational reporting(hourly/ daily meter reports, system balance) as part of this scope of work. ConsulYing and Professional Services Agreement Page 29 Rev.6/15 EXHIBIT B Pavment Terms The services provided in this agreement will be billed on a monthly subscription. Monthly Total: $13,500 Additional services will be billed based on Times and Materials(T&M)rates. T&M will be applied to long term projects, standbys, field support, field compliance activities, to include startup and shutdowns exceeding two (2) business days to include any work that not listed as part of this agreement that has a direct field labor attachment. Note: Up to 3%escalation will be incuNred annual, starting January 1, 2024 Third party costs will be billed at cost+ 15%. Times and Materials Rates DOT Compliance Advisor/Consultant ............................... $150.00 per hour Field Manager ..............................................................$85.00 per hour Field Technician ............................................................. . .............................................................$85 00 per hour %z Ton Pickup $21.50 per hour 1-Ton Tool Truck .............................................................$23.50 per hour Mileage (portal to portal) ....................................................$0.625 per mile Hours worked outside of normal business hours will be charged at the overtime rate of 1 '/2 times the standard rate. Overtime will be charged for Saturday's and Double-time will be charged for Sunday's and Holidays. A four-hour minimum will apply for all weekend and holidays. A 15%handling charge will be added to all third-party services. Time and material will be applied to long term projects, standbys, field support, field compliance activities, to include startup and shutdowns exceeding two (2) business day to include any work that is not listed as part of this agreement that has a direct field labor attachment. NOTE: All rates are fixed for the length of the contract outside of mileage. The mileage rate is calculated utilizing GSA rates. GSA rates are subject to fluctuation. Descri tion Rates Travel Costs Rate Unit Airfare&Associated Costs Will adhere to GSA rates Tri Accommodations Will adhere to GSA rates Ni ht Rental Vehicle &Associated Costs Will adhere to GSA rates Rental Meals & Incidentals Will adhere to GSA rates Meals Note: Travel will be applied to long te�m projects, standbys,field support,field compliance activities, to include staNtup and shutdowns exceeding two (2) business days. Consulting and Professional Services Agreement Page 30 Rev.6/15 EXHIBIT C Independent Contractors and Subcontractors This project includes the following list of subcontractars, in conformance with Section 2-3 of the 2015 Greenbook. If there are no subcontractors, Contractor shall so stipulate on this form. Type of Work and Subcontractor's Name/Buszness Address/CSLB License Number, Pe�centage of Expiration Date& Classification/DIR Registration Number and Pro'ect Ex iration Date/E-Mail Address Contact Name/Title Brien Vierra,/Owner/O erator Contact Phone 805 460-9123 Contact Email ftechbcv msn.com Cathodic protection Business Name FJ Technolo ies, Inc surveys, rectifier 12�95 Santa Lucia Road readings, and Business Address Atascadero, CA 93422 engineering and Department of Consumer License Required ❑ Yes (� No design Affairs Contractors State CLSB #: License Board(CLSB) Ex : Class: Department of Industrial Registration Required ❑ Yes � No 1% Relations (DIR) DIR#: PW-LR-1000845854 Ex : 06/30/2022 Type of Work and Subcontractor's Name/�{usiness Address/CSLB License Number, Percentage of Expiration Date& Classi�cation/DIR Registration Number and F�o'ect Ex iration Date/E-Mail Address Contact Name/Title Contact Phone Contact Email Business Name Business Address Department of Consumer License Required ❑ Yes ❑ No Affairs Contractors State CLSB #: License Board(CLSB) Ex : Class: Department of Industrial Registration Required ❑ Yes ❑ No Relations (DIR) ��' Ex : *NOTE: DIR Registration expires annually on June 30th. All cont�actors must renew their registYation by July Ist of each year to be eligible to bid and or work on Public Work contracts. Consulting and Professional Services Agreement Page 31 Rev.6/15 � � (1`Y F I ;-,- " �=� w 777 Cypress Avenue, Redding, CA 96001 ,,� :- � ,. PO BOX 496071, Redding, CA 96049-6071 , r G A L I F � R �f � �'' cityc�freddir�g,�rg SHARLENE TIPTON,CITY CLERK 530,225.4447 530.225.4463 FAX August 15, 2023 EverLine Compliance CA, LLC ATTN: Travis Adams 4203 Montrose Blvd, Suite 670 Houston, TX 77006 RE: First Amendment—C-9686 Dear Travis Adams: Enclosed please find the above referenced fully executed First Amendment to Consulting and Professional Services Contract by and between the City of Redding and EverLine Compliance CA, LLC for the purpose of U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) natural gas pipeline compliance. If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City C1erk at (530) 225-4439. Sincerely, � _-,� � ... ,�.. '`'� �� Kristen MeGee Management Analyst Enclosure cc: Justin Day Ellen Gramlis �°� s�°� �� N� � c rrsU�,��v � ��ss� �r��, s� v�c�s c �v� eT (C-9686} The Consulting and Professional Services Contract(C-96�6} dated January 19, 2023 between the City of Redding ("City"), a municipal corporation, and EverLine Compliance CA, L,L� ("Consultant") is amended as follows: 'I'he �xhibits B, attached to this Amendment, shall replace in its entirety the Exhibit B to the Contract(C-9686) dated January 19, 2023. All other terms and conditions of the Contract dated January 19, 2023 shall remain in full force and effect. The date of this Amendment shall be the date that it is signed by the City. � � � Page 1 � Il�t WI'I'NESS E F, City and Consultant have executed this Arnendment on the days and year set forth below: CI7E'�' OF REBDING, �i u °cipal Cor�ot°ation ated: ,2023 � �� 3'a BARRY N, CITY MANAGER AT'TEST: APFI20VED AS TO�'ORM: A 3I E. I�eWALT Ci�At�orney ,� �, � �„�" � � � � � � f� � �� f,,��SHARLENE TIPTON, CITY CLERK �:-°`` g': C 1�tS�JL'I'ANT ated: ,2023 ,�a°� � °—�� y` � ftx-�m� ��rr� � q� �,-;�t �- �3-��.3 T`ax I l�io: 82-1'794046 Page 2 E� I I'I' ay ent�er s Monthl� Subscri�tion �2ates The services provided in this agreement will be billed on a Inonthly subscription. Monthly Total: $13,500 Note: Until which time that the services described in Exhibit A-2 (Control Room) have been established, the monthly total billed for all ser�vices shall be reduced to $10,500. Note:Each calendar year, the monthly subscription rate tnay incur an annual escalation of up to 3%, starting January l, 2024. The establishment of the services described in 1EXhibit A-2 (Control Room) shall be billed as follows: Upon agreement(50%} ...................................e.................. $3,250.00 IJpon implementation (50%) ............................................. $3,250.00 The monthly subscription shall include all services described within the scope of work, including long term projects, standbys, field support, field compliance activities, startups, and shutdowns, that do not exceed two (2} business days. With prior authorization, field services that will exceed two (2) business days and work that is not listed as part of this agreement that has a direet field labor attachment, may be billed based on the Times and Materials (T&M)rates established in this agreement. Times and lO�Iatereals I�ates l�ll rates are fixed for the length of the contract. Consultant agrees to be effective stewards of public funds and keep all costs as low as possible. Note: Each calendar year, T&M rates may incu�^ an annual escalation af up to S%, star�ting .IcznuaNy 1, 2024. Labor I2ates Integrated Field Compliance Services Hourl Rates Strai ht Time Overtime Field Mana er $180.00 $270.00 Field Su ervisor $150.00 $225.00 Service Area Lead $120.00 $180.00 Lead Pi eiine Tech $95.00 $142.50 Pi eline Tech $85.00 $127.50 Pro'ect Mana er $150.00 $225.00 Pro'ect Coordinator $85.00 $127.50 Page 3 Regulatory Compliance Services Hourl Rates Strai ht Time Overtrme Princi at Re utator S ecialist $200.00 $300.00 Senior Com liance S ecialist $150.00 $2�5.00 �om liance S ecialist $150.00 $225.00 Com liance Administrator $125.00 $1�7.50 Princi al Consultant- Control Rooza� 1Vlana ement $165.Od $247.50 Consultant - Control Room Mana emenf $110.00 $165.00 Integrity Management Services Hourl Rates Strai ht Time Overtime Princi al Re ulator S ecialist $200.00 $300.00 Re ulator S ecialist $150.00 $225.00 Princi al Risk S ecialist $200.00 $300.00 Risk and Inte rit S ecialist �150.00 $225.00 Pro'ect En ineer $100.00 $150.00 GIS /Data S ecialist $150.00 $225.00 GIS/Data Anal st $100.00 $150.00 Note: All t�avel shall be billed at the straight time rate. Hours worked in excess af normally scheduled hours (not ineluding travel), outside o,f nortnal business hou�s, or on Saturdays, Sundays, and Holidays will be billed at the overtime rate. A four-hour minimum will apply for all weekends and holidays wo�k. Consultant shall keep overtitne hours to a minimum. Note:As applicable, labor�ates will be Uillea'at the higher of the contracted rate or the currently negotiated prevailing wage rate, as set by the Calif'ornia Departrnent oflndustNial Relations. Equipment Rates Vehicles, Trailers, and ATV's Rates Per Da Per Ho�r ATV- 1 $295.00 n/a ATV - 2 $175.00 n/a Truck- 1/2 Ton n/a $20.00 Truck- 3/4 Ton n/a $21.00 �F'ruck- 1 Ton n/a $24.Q0 Truck-MaintenancelSu erintendent �v/Tools n/a $26.50 Truck-Pi eline Technician w/Too1s n/a $22.50 Truck- Sr. Technician/Locator's w/E ui ment $250.00 $25.00 Truck- Su ervisor $265.00 $26.50 Page 4 Note:As applicable, mileage may be billed. Mileage rates aNe established by the Federal General Services Administration (GSA). Consultant shall keep vehicle costs to a rr�inirnum. f.lther Ra�es Accommodations, Meals, and Incidentals Rates Rate T.Jnit Accommodations GSA Rate Ni ht Nleals& Incidentals Per Diem GSA Rate Da Travel Rates Rate Unit Airfare& Associated Costs Third-Part Cost Tri Rental Vehicle & Associated Costs Third-Part Cost Rental Mi1ea e on-Rental GSA Rate Mile Note: Rates for accornn7odations,per diems, and mileage are established by the Federal General Services Administration (GSA). All travel costs r^equire p�ior authortzation. Consultant shall keep all travel costs to a minimum. 7['hYrd-Partv Costs and Services All third-party costs and serviees require prior authorization.A I S%handling charge may be billed for all third-party costs and services. Consultant shall keep all third-party costs and serviees to a minimum. Page 5 ` ' TRANSMITTAL FORM � � '' ��t�t��a�r�°s°�t� �tat��*a�€�tv��°��t��t�t��°�t�� - TO CITY ATTORNEY 225-4050�&CITY CLERK(225-4439�. Agreements p Bonds p Contracts p Leases p Escrow Instructions p Deeds p Securities p Resolutions p Ordinances p Opinions Date: 5/22/2024 From: Caleb Faber Dept. Name: Electric Dept. # 852 Phone: 5302457013 Person most knowledgeable: Caleb Faber Phone: 5302457Q13 INSURANCE REQU/REMENTS MET? When submitting contract for review, you must also submit an lnsurance Transmittal Form to Risk so insurance can be requested and approved in PINS. lf not, your contract ' eld in the C/erk's Office. For help contact Risk Liability at��9�l�cit��fr�dc�rra erq or(530) 225-4385. DESCRIBE ATTACHED DOCUMENT S � ( l `� �� Document Title: C-9686, Second Amendment / Outside Parry(ies): Everline Compliance, L�C Project/Purpose: Update contractor name to reflect merqinq of entities and update contact infnrmatinn fnr hnth narti�s COUNCIL APPROVAL REQUIRED? No�'es C�IF YES,DATE OF MEETING: Agenda Item#: Was contract/agreement the result of an RFP or Bid?No �Yes �r Bid Schedule#or RFP#: 5301 � REQUEST FOR ATTORNEY SERVICES � �t�c�t°17e�� I)t`�f�- 1�11 docurr�ents rnust be rev�evved&ap�roved before ob�ainin�any si�nat�re�, Vi�hen amenclin�contractg,attac�t a copy of original eor�iract and all prior amendments. ��not e�inail �,�``"� do�umer�ts vvithout pr°ior°�ppravaL ❑ RetuY'ri d1'afts to: (to finalize&obtain outside signatures) ❑✓ :�t��°�� °� ��.�;`�a �M��x,��w. �i1� c�fA��,�;gs��e��,��e� p�s£_<;�y r�u��.��e�3 ��_ ��ar�•�re��4��tv��-��rP �l� �F��. ��c; c�?��i��c�f��;��id� s��;��t��°��. �'i��E� ��r��3t � ��i��, �€c��ap�i��:1x�;js -�;�s��l��s-� ��r��.r"�;��a �-�:r�"��%�c�:��.i��?��t��s. (Attorney approval mandatory- RMC§4.20.120.A) �Note: Signed originals will be forwarded to City Clerk for necessary City signatures,insurance & other requirement verification,and processing. ❑ Mailing/distribution Instructions: � Prepare Certificate of Acceptance (easement&grant deeds) ! �L�R�'� t)F'FE�� Memo or additional info is attached. �� Other: �s --- Save for Attorney's Notes City Attorney Log# Logged Out By: �. �'`' Rev.06/20 I �T Y �--'' �I`�� i . "�--, `" %� -%� 777 Cypress Avenue, Redding, CA 96001 =.= PO �OX 496071, Redding, CA 96049-6071 C A L I F O R � l �' cityofrec�cl�rsgoc�rg � _ OFFICE OF THE CITY CLERK SHAR�ENE TIPTON,CITY CLERK 530.225.4447 530.225.4463 FAX June 14, 2024 EverLine Compliance, LLC ATTN: Trent Ackhurst 9720 Cypresswood Dr., Suite 360 Houston, TX 77070 RE: Second Amendment— C-9686 Dear Trent Ackhurst: Enclosed please find the above referenced fully executed Second Amendmnet to Consulting and Professional Services Contract by and between the City of Redding and EverLine Compliance, LLC for the purpose of U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) natural gas pipeline compliance. If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at (530) 225-4439. Sincerely, �� £�,., Kristen McGee Management Analyst Enclosure � cc: Caleb Faber Ellen Grannis SEC�ND AMENDMENT TO CONSULTING AND PROFESSIONAL SERVICES CONTRACT (C-9686) This Second Amendment is entered into between the City of Redding ("City"), a municipal corporation and EverLine Compliance,LLC,a Delaware limited liability company("Consultant"), collectively the "Parties", individually a "Party" for the purpose to amend t�e Consulting and Professional Services Contract(C-9686) dated January 19, 2023,between the Parties as follows: RECITALS WHEREAS, City and EverLine Compliance CA, LLC have previously entered into the Consulting and Professional Services Contract (C-9686} on January 19, 2023, for the purpose of U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) natural gas pipeline compliance, which was amended on August 15, 2023, ("First Amendment") (colleetively referred herein as the "Contract"); WHEREAS, EverLine Compliance CA, LLC was merged into EverLine Compliance, LLC effective on February 29, 2024, and as the result of this merger, EverLine Compliance CA, LLC ceased ta exist and EverLine Compliance,LLC succeeded by operation of law to all the rights and liabilities of EverLine Compliance CA, LLC. NOW, THEREFORE,the Contract is amended as follows: I. The name of the Consultant is hereby replaced and substituted to be read EverLine Compliance, LLC. All references to EverLine Compliance CA, LLC in �he Contract are hereby replaced by EverLine Compliance, LLC. II. Section 10.A is hereby amended to read as follaws: 5ection 10.A. "City's representative for this Contract is Caleb Faber, telephone number (530)245-7013, fax number (530)245-'7010, email cfaber@cztyofredding.org. All of Consultant's questions pertaining to this Contract shall be referred to the above-named person, or to the representative's designee." III. Section 10.B is hereby amended to read as follows: Section 10.B. "Consultant's representative for this Contract is Trent Ackhurst, telephone number (936)276-8291, email �rent.ackhurst@everlineus.eom. Al1 of City's questions pertaining to this Contract sha11 be referred to the above-named person." IV. Section 11.A is hereby amended oniy to replaee the respective Parties' contact information, other language of Section 11.A shall remain in fi�ll force and effect. The contact information of the Parties shall be read as fallows: � To City: To Consultant: � City af Redding Electric Utility EverLine Compliance, LLC ATTN: Caleb Faber ATTN: Trent Ackhurst f17120 Ciear Creek Road 9720 Cypresswood Dr. Suite 360 �'°` Redding, CA 96001 I Houston, TX 77070 I Page 1 V. All other terms and conditions of the Contract shall remain in full force and effect. VI. The effeetive date of this Amendment shall be the date that it is signed by the City. IN WITNESS WHEREOF, City and Consultant have executed this Second Amendment on the days and year set forth below: CITY OF REDDING, A MunicipaI Corporation � Dated: ,�� .� , 2024 �.�... � �c�� y: BARRY TIPPIN, CITY MANAGER ATTEST: APPROVED AS TO FORM: City Attorne� � � � f � w_ � �� . �� -� .��`� � � :� � � �SHARLENE TIPTON, CITY CLERK By� �,� . ��T��.11�K, E�ERS(�� CONSULTANT � ,� Dated: ��' � � , 2024 �` ;,�,/��;�% t' ;� � �3v: `��.��±} �-�t�a��-"t t�4'_�; Tax ID No: 82-179404C "��e 2 � d 4 � ��TT��.+��.� ' �.� � � ' � , � �`..��°...� : � � . Tt�C T ATT(�R E 2 - 50 [TY C ERI� 22 - 4�9 Agreements$��nds Q Gontracts�Q Leases�Escraw Instruct�ons 4 Deeds�Securities� �tesolutions+� Ordinar►ces�Cipinf�at�s Date: 7/29/20�4 From: Caleb Faber Dept. Name: �lectric Dept. # $5� Phone: 530-245-7fl13 Person mt�st knawledgeable: Galeb Faber Phone: 53C1-245-7013 lN5Ud2.4NGE RE�UIREMEIVTS MET? t�hen submitting confract for review, you mus#a/scr-submit an lnsurance Transmitta!Farm tc�Risk so insurance can be requested and approved in P/NS. !f nat, y�ur confracf wiN be held in the Clerk's t?�ce. Fcar help cc�ntact Risk Liability a#�ac��ile��i��afr�c��`ara' .c�rc�or(�3f1)225-438 ��SCR�B�.�TT�cH�D nocU��NTts� Document Titie: Consultinq and Professic�nai Services Cc�ntract � Outside Party{ies): EverLine Cc�mpliance, LLC r .ffi project/�urpase: C-9686 Third l�mmendment COUIVCIL APPROVAL REQUIRE�? No�es C�IF YES,DATE QF M�ETING� Agenda Item#s Was contractjagreement the result of an RFP or Bid?No (�'es 0 Bid Schedule#or RFP#: 53C11 (�UEST F+C�R ATTtJ EY SEl� C�� ❑ ��t�� i�c�� '��`t�.A��c�a��t�rtez�ts rr��st b��°��ri��ci��apr°t��r�cl b�f�r�c�bt�iz��si��°�c.�r�s. ��i�r��cii��c��tr�cts,��t�ch��c�p�r��ssr°��r��1 ccstztrac��r�d��1�ricas°� �r�d �r�t�. �r�r�e��4��i . d�ac��rithc+�zt pric�r�Pl��°cac��la � Ret11T'�1 dt�fCs tt�; (to ftnalize&obtair�outside signatures) ❑ ��t��°�� i ��- ��i� :�� T`� �"��° .� ��; �� c�r��t��b��r��c�c��1y�µ��i��v�c�� ryc��r��b�r.�t��a�t�2�y; (�� 3��a�.��a��a��r�eci r��a��i��sz��tcar�s. �'1��s�i�f��a�2'�ri�;�a��ls. C��p�p��c�i�s —��t�p��-��`��'°Si�a� ��r�e"t��a��1�i�ra�tc�t��a (AttorneY appraval mandatory- �tMC§4.2t�.1211.A) �Note; Signed originals will be forwarded to City Clerk for necessary City signatures,insuranGe 8z otherrequirementverificatian,and processing. � Mailin�Jdistributian Instructions: ��., �� ❑ Prepare Certificate of Acceptance (ea�ement&grant deeds� _ °��/( �� `! � � '�� Memo or a�lditional info is attached. -�.,, �� ❑ Other: .�� Savefor.Atcorne7/s�Nates ..... .. ....... .. . . .. . ........ ..... ..... .. . � � City Attorney Lag# i1 '� � �� Logged Out By; Rev.06/TO�. �� I T� � � F� �-�� IT� F I " �" ' 777 Cypress Avei�ue; Redding, CA �6QQ1 -- : !' --� PC� BOX 496071, Redc�ing, CA 96049-6t?71 '� �,- �it��fir�t�ciin�.�rg L 1 �� ' < ,� � � OFFIGE C}F TH�,�ITY CLEF2K SHARLENE T[PTON,G17Y CLERK 530;2 25,4447 530.225.4463 FAX August 6, 2024 EverLine Cat�r�►pliance, LLC ATTN: Tzent Ackhurst 9720 Cy�resswaod Di�,, Suite 360 Houston, TX 77070 RE: Third Ainerzdrneizt—�-9686 Deaz Trent Ackhurst; Enclosed please find the abo�ve referel�ced fL�lly executed Tl�ird Amendment to Coilsulting and Pt-ofessit�taal Services Cc�ntract 1�y ant� betu°een fl�e �ity of Redding at�t� EverLizle Cc�rnpliance, LLC for the purpose of U.S, Department of Tran�poz�tation (DOT} Pipeline and Hazardous Materials Safety Administration (pHMSA}natural gas pi�eline campliance, If you have any q�iestians re�arding this agree�z�ent, or if we c�n be of assistance, �lea�e coi�tact tl�e C.�ffice flf the City Clerk at(530) 225-4439. Sincerely, � �� , � Kristen Mc ee Manageme�lt Analyst Enclosure cc: Caleb Faber Ellen Grai�nis THI A IYDMENT TO C�NSUi,�'ING AND PROFESSIQNAL SER�ICES CQIYT CT (C-9686) This Third Amendment is entered into betweez� the Gily of Redding ("City"), a muilicipat corporation and EverLine Compl�ance,LLC,a De�aware�imited liability company("Gotlsultant"), collectivelv the "Parties". individuallv a "Partv" for the �urt�ose to amend the Consultin� �ncl Professional Services Contract (C-96$6) dateduJanuary 19, 20�3, arnended on August 15, 20�3, and on June 13, 2024, (collectively referred to herein as the"Contract"). RECITALS WHE A5, the Parties have previausly entered into the Contract foi• the purp�se af U:S. Department of Transportation (I�OT} Pipeline and Hazardous Materials Safery Administration (PHMSA) nattaral gas pipeline compliance; i�VHEREAS,the Parties desire to clarify the amount payable under the Ct�ntract, NOW, THEREFfl12E, the Cc�ntraet is amended as fallo�vs; I. S�ction 2.A of the Contract is hereby amended and replaced in its entirety to read as follows: SECTION 2 {A). City sllall pay Con�ultant for selvices rendered pursuan�to this Contract, at the times and in the��anner set forth in Exhibit B,attached and incorporated hereiia„in an alr�ount nc�t to exceed one hundred ninetv thausand dollars ($19�;000) per City �scal year{the twelve (12)inontl�period beginning July l st ar�d ending the fallowing 7une 30th).The payment� specified herein sha11 be the anly payments to be rnade to C�nsultant for services rendered pursuant to this Contract. All other subsectians of Sectian 2 of the Contract shall remain unchanged and in full force and effect. II. Except as expressly set forth herein, all of the terms and conditions of the Contract shall remain in full force and�ffect. III. The effective date af this Third Amendrnent shall be the date that it is signed by the Citv. — ��--`� � �.. �.�- �.. ..--' ��. + � a .. � Pa�e 1 ��TY OF DDING, A Mr�nicipal Cc�1•puratian Dated: �-��"`� , 2a24 �E.� �.�v��.._..._�.�. _W ��T" BARRY PPIN, CITY MANAGER �TTEST: AFPRQVED AS TC1 FO City Attarney ; �� 'i�� ..�� ... ��u✓ . . . ..,Ar �.: . ,�°SHARLENE TIPTON� CITY CLERK �y' (�p,`j'��I� �p ��ERSt�(.� CC11�15ULTAIV'�' ,,.� �.: �° � *�'�� '.rf`� ��t�d: � � 2024 `�'. �` ,� ��.,.. . �. _ �, � B�' i 6i��u�'�"� �,�,�4�-�t��'� ; Tax TD►No: �2-i794046 ��s�e-2