HomeMy WebLinkAboutItem Eti F
AGENDA STAFF REPORT
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DATE: February 26, 2018
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH AKM
CONSULTING ENGINEERS FOR THE STORM DRAIN
DESIGN AND FOCUS PRELIMINARY DESIGN
REPORT
SUMMARY OF REQUEST:
That the City Council adopt a Resolution authorizing the City Manager to execute
a professional services agreement to prepare the storm drain design at Seal Way
and a focus preliminary design report for College Park East and Marina Drive
with AKM Consulting Engineers for $299,934.
BACKGROUND:
At the 17/18 Capital Improvement Project Budget preparations in June 2017,
staff presented the need and scope of work for the following three Storm Drain
Improvement Projects:
1. Design of Seal Way between Dolphin Avenue and Electric Avenue
2. Focus Preliminary Design Report for College Park East
3. Focus Preliminary Design Report for Marina Drive
Seal Way Design
At the intersection of Electric Avenue and Seal Way in Old Town, there is a sump
area that has challenges in storm water surface drainage. During a normal rain
event and high tide, this sump area has an inadequate drainage system. The
City's Master Plan of Drainage proposes to connect the drainage system from
this area to the existing storm drain on Electric Avenue, which terminates at the
Orange County Flood Control's pump station.
Agenda Item E
Page 2
Focus Preliminary Design Reports for Colleae Park East/Marina Drive
The Focus Preliminary Design Reports will conduct updated study/analysis with
high confidence for 25 -year storm runoff for the College Park East sub -watershed
area draining to Elder and Guava Avenues, and the West End Pump Station
drainage area tributary to Marina Drive and 50' Street, and develop preliminary
design of facilities needed to minimize the flooding in these areas. These reports
are comprehensive studies that analyze the area, hydrology, topography and will
propose storm drain improvements that will eliminate the current ponding and
localized historic flooding issues. These reports include locating all existing
underground utilities and coordinating with all utility companies to ensure that
there will be no conflicts during construction.
AKM submitted proposals to prepare the above scope of work dated
September 13, 2017 and September 26, 2017 (See Attachment C).
Staff has reviewed the proposals and scope of work and has approved them.
At the Strategic Planning meeting on October 18, 2017, the City established a
goal to present to the City Council for prioritization and direction the Storm Drain
Master Plan improvements. This agenda item satisfies that goal.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has approved the professional services agreement and
proposed resolution as to form.
FINANCIAL IMPACT:
In the approved Fiscal Year 17/18 Budget, $300,000 has been allocated in the
General Fund for these projects. AKM submitted a proposal, dated
September 13, 2017 for the Focus Preliminary Design Analysis of Seal Way (SD
1803) in the amount of $79,988. The second proposal, dated September 26,
2017, for the Focus Preliminary Design Analysis for College Park East (SD 1804)
is in the amount of $94,712 and Marina Drive (SD 1802) for $125,234. The total
amount for AKM to prepare all analyses is $299,934.
RECOMMENDATION:
That the City Council adopt a Resolution authorizing the City Manager to execute
a professional services agreement to prepare the storm drain design at Seal Way
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and the focus preliminary design report for College Park East and Marina Drive
with AKM Consulting Engineers for $299,934.
SUBMITTED BY: NOTED AND APPROVED:
Steve y er, P.E. J Ingram, City Mkoger
Director of Public Works
Prepared by: Michael Ho, P.E. Dep. Dir PW/City Engineer
Attachments:
A. Resolution
B. Agreement
C. AKM Proposals dated September 13 and 26, 2017
Attachment "A"
RESOLUTION
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH AKM
CONSULTING ENGINEERS FOR THE DESIGN AND STORM
DRAIN FOCUS PRELIMINARY DESIGN REPORT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby approves Professional Services
Agreement between the City of Seal Beach and AKM Consulting Engineers
("AKM"), for the Design and Focus Preliminary Design Report for Various Storm
Drain Improvement Projects for a total contract amount of $299,934.
SECTION 2. The City Council hereby authorizes and directs the City Manager to
execute the Professional Services Agreement between the City of Seal Beach
and AKM, and all related documents, on behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 26`" day of February, 2018 by the following vote:
AYES:
Council Members:
NOES:
Council Members:
ABSENT:
Council Members:
ABSTAIN:
Council Members:
Mayor, Mike Varipapa
ATTEST:
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that
the foregoing resolution is the original copy the Resolution on file in the office of
the City Clerk, passed, approved, and adopted by the Seal Beach City Council at
a regular meeting held on the 261" day of February, 2018.
Robin L. Roberts, City Clerk
Attachment "B"
PROFESSIONAL SERVICES AGREEMENT
FOR
THE SEAL WAY STORM DRAIN DESIGN AND
COLLEGE PARK EAST AND MARINA DRIVE
FOCUS PRELIMINARY DESIGN REPORTS
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
AKM Consulting Engineers
553 Wald
Irvine, CA 92618
949-753-7333
This Professional Services Agreement ('the Agreement") is made as of February 26, 2018
(the "Effective Date"), by and between AKM Consulting Engineers ("Consultant'), a
California Corporation and the City of Seal Beach ("City'), a California charter city,
(collectively, 'the Parties").
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RECITALS
A. City desires certain professional services for three Storm Drain
Improvement Projects as described in Section 1 of this Agreement.
B. Consultant represents that the principal members of its firm are qualified
professional Engineers and are fully qualified by virtue of experience, training, education
and expertise to perform the services required by the City in this Agreement in a good
and professional manner; and it desires to perform such services as provided herein. The
City enters this Agreement in reliance on those representations.
C. City desires to retain Consultant and Consultant desires to serve City to
perform these services in accordance with the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the Parties' performance of the promises,
covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services ("Services") set forth in the attached
Exhibit A (Focus Preliminary Design Analysis of Seal Way [SD1803], dated January 12,
2018) and Exhibit B (Focus Preliminary Design Analysis for College Park East [SD 1804],
dated January 19, 2018). To the extent that there is any conflict between Exhibit A or
Exhibit B and this Agreement, this Agreement shall control.
1.2. Consultant shall perform all services under this Agreement on a timely,
regular basis and in a manner reasonably satisfactory to the City.
1.3. In performing this Agreement, Consultant shall comply with all applicable
provisions of federal, State, and local law.
1.4. As a material inducement to City to enter into this Agreement, Consultant
hereby represents that it has the experience necessary to undertake the services to be
provided. In light of such status and experience, Consultant hereby covenants that it shall
follow the customary professional standards in performing all services. The City relies
upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services
in a skillful, competent, and professional manner, and Consultant and Consultant's staff,
shall perform the Services in such manner. Consultant shall, at all times, meet or exceed
any and all applicable professional standards of care. The acceptance of Consultant's
work by the City shall not operate as a release of Consultant from such standard of care
and workmanship.
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1.5. By executing this Agreement, Consultant represents that, to the extent
required by the standard of practice, Consultant (a) has investigated and considered the
scope of services to be performed, (b) has carefully considered how the services should
be performed, and (c) understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
2.0 Tenn
The term of this Agreement shall commence as of the Effective Date and shall
continue for three (3) years unless previously terminated as provided by this Agreement.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit A
for Services but in no event will the City pay more than $299,934. Consultant will not be
compensated for any work performed not specified in the Scope of Services unless the
City authorizes such work in advance and in writing. The City Manager may authorize
extra work to fund unforeseen conditions with a not to exceed amount of 10% of this
contract agreement. Payment for additional work in excess of this amount requires prior
City Council authorization.
4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services rendered
pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end
of the month during which the services were rendered and shall describe in detail the
services rendered during the period, the days worked, number of hours worked, the hourly
rates charged, and the services performed for each day in the period. City will pay
Consultant within 30 days of receiving Consultant's invoice. City will not withhold any
applicable federal or state payroll and other required taxes, or other authorized
deductions from payments made to Consultant.
4.2. Upon receipt of 24 hours' notice from City, Consultant shall allow City or
City's agents or representatives to insp ct at Consultant's offices during reasonable
business hours all records, invoices, ttmd cards, cost control sheets and other records
maintained by Consultant in connection with this Agreement. City's rights under this
Section 4.2 shall survive for two years following the termination of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by Consultant
based on reasonable cause, upon giving the other party written notice thereof not less
than thirty 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement
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of comprehensive general liability insurance as required by this Agreement at least 20
days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. Zeki Kayiran, PE is the Consultant's representative for purposes of this
Agreement. It is expressly understood that the experience, knowledge, capability, and
reputation of Zeki Kayiran PE were a substantial inducement for City to enter into this
Agreement. Therefore, Zeki Kayiran PE shall be responsible during the term of this
Agreement for directing all activities of Consultant and devoting sufficient time to
personally supervise the services hereunder. Consultant may not change its
representative without the prior written approval of City, which approval shall not be
unreasonably withheld.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be deemed
made when personally delivered or when mailed 48 hours after deposit in the United
States Mail, first class postage prepaid and addressed to the party at the following
addresses:
To City: City of Seal Beach
211 - 8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: AKM Consulting Engineers
553 Wald
Irvine, CA 92618
Attn: Zeki Kayiran, President
7.2. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Consultant is an independent contractor and not an employee of the City.
All services provided pursuant to this Agreement shall be performed by Consultant or
under its supervision, and all personnel shall possess the qualifications, permits, and
licenses required by State and local law to perform such Services, including, without
limitation, a City of Seal Beach business license as required by the Seal Beach Municipal
Code. Consultant will determine the means, methods, and details of performing the
services. Consultant shall be solely responsible for the satisfactory work performance of
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all personnel engaged in performing the services and compliance with the customary
professional standards.
8.2. Any additional personnel performing services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries,
and other amounts due such personnel in connection with their performance of services
under this Agreement and as required by law. Consultant shall be responsible for all
reports and obligations respecting such additional personnel, including, but not limited to:
Social Security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
8.3. Consultant shall indemnify and hold harmless City and its elected officials,
officers and employees, servants, designated volunteers, and agents serving as
independent contractors in the role of City officials, from any and all liability, damages,
claims, costs and expenses of any nature to the extent arising from Consultant's
personnel practices. City shall have the right to offset against the amount of any fees due
to Consultant under this Agreement any amount due to City from Consultant as a result
of Consultant's failure to promptly pay to City any reimbursement or indemnification
arising under this Section 8.
9.0 Confidentiality
Consultant covenants that all data, documents, discussion, or other information
developed or received by Consultant or provided for performance of this Agreement are
deemed confidential and shall not be disclosed by Consultant without prior written
authorization by City. City shall grant such authorization if applicable law requires
disclosure. All City data shall be returned to City upon the termination of this Agreement.
Consultant's covenant under this Section shall survive the termination of this Agreement.
10.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of City. Consultant is fully responsible to City for the performance of any and all
subcontractors.
11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of City. Any purported
assignment without such consent shall be void and without effect.
12.0 Insurance
12.1. Liability Insurance. Consultant shall procure and maintain in full force and
effect for the duration of this Agreement insurance against claims for injuries to persons
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or damages to property and professional negligence which may arise from or in
connection with the performance of the services hereunder by Consultant, and its agents,
representatives, employees and subcontractors.
12.2. Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
Professional Liability insurance. Consultant shall provide to City the
standard form issued by the carder.
12.3. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
General Liability: $2,000,000 per occurrence and in the aggregate for bodily
injury, personal injury and property damage. Commercial General Liability
I nsurance or other form with a general aggregate limit shall apply separately
to this Agreement or the general limit shall be twice the required occurrence
limit.
Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
Employer's Liability: $1,000,000 per accident and in the aggregate for
bodily injury or disease and Workers' Compensation Insurance in the
amount required by law.
Professional Liability: $1,000,000 per claim/aggregate.
12.4. Deductibles and Self -Insured Retentions. Consultant shall inform City of
any deductibles or self-insured retentions except with respect to professional liability
insurance.
12.5. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
12.5.1. City, its officers, officials, employees, designated volunteers
and agents serving as independent contractors in the role of City officials, are to be
covered as additional insureds as respects: liability arising out of activities performed by
or on behalf of Consultant; products and completed operations of Consultant; premises
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owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed
by Consultant. The coverage shall contain no limitations on the scope of protection
afforded to City, its officers, officials, employees, designated volunteers or agents serving
as independent contractors in the role of City officials which are not also limitations
applicable to the named insured.
12.5.2. For any claims related to this Agreement, Consultant's
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, designated volunteers and agents serving as independent contractors in the
role of City officials. Any insurance or self-insurance maintained by City, its officers,
officials, employees, designated volunteers or agents serving as independent contractors
in the role of City officials shall be excess of Consultant's insurance and shall not
contribute with it.
12.5.3. Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the
insurers liability.
12.5.4. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled or materially modified except after
30 days' prior written notice by first class mail has been given to City, or 10 days' prior
written notice by express overnight mail if cancellation is due to nonpayment of premiums.
12.5.5 Each insurance policy, except for the professional liability policy,
required by this clause shall expressly waive the insurers right of subrogation against
City and its elected officials, officers, employees, servants, attorneys, designated
volunteers, and agents serving as independent contractors in the role of City officials.
12.6. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk
Manager.
12.7. Verification of Coverage. All insurance coverages shall be confirmed by
execution of endorsements on forms approved by City. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by City before services commence. As
an alternative to City forms, Consultant's insurer may provide complete, certified copies
of all required insurance policies, including endorsements effecting the coverage required
by these specifications.
13.0 Indemnification, Hold Harmless, and Duty to Defend
13.1 Indemnity for Design Professional Services. To the fullest extent permitted
by law, Consultant shall, at its sole cost and expense, indemnify, defend and hold
harmless the City and its elected officials, officers, attorneys, agents, employees,
designated volunteers, successors, assigns and those City agents serving as
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independent contractors in the role of City officials ("Indemnitees") from and against any
and all claims, losses, liabilities, damages, costs and expenses, including attorney's fees
and costs, to the extent they arise out of, are claimed to arise out of, pertain to, or relate,
in whole or in part, to the negligence, recklessness, or willful misconduct of the
Consultant, its officers, agents, servants, employees, subcontractors, materialmen,
contractors or their officers, agents, servants or employees (or any entity or Individual that
Consultant shall bear the legal liability thereof) in the performance of design professional
services under this Agreement by a "design professional," as the term is defined under
California Civil Code Section 2782.8(c)(2). Consultant's duty to defend shall consist of
reimbursement of defense costs incurred by the City in direct proportion to the
Consultant's proportionate percentage of fault. Consultant's percentage of fault shall be
determined, as applicable, by a court of law, jury or arbitrator. In the event any loss,
liability or damage is incurred by way of settlement or resolution without a court, jury or
arbitrator having made a determination of the Consultant's percentage of fault, the parties
agree to mediation with a third party neutral to determine Consultant's proportionate
percentage of fault for purposes of determining the amount of indemnity and defense cost
reimbursement owed to the City.
13.2 Other Indemnitees. Other than in the performance of design professional
services as set forth in Subsection 13.1, above, and to the fullest extent permitted by law,
Consultant shall, at its sole cost and expense, defend, hold harmless and Indemnify the
Indemnitees from and against any and all damages, costs, expenses, liabilities, claims,
demands, causes of action and losses of any nature whatsoever, including fees of
accountants, attorneys, or other professionals and all costs associated therewith and the
payment of all consequential damages and whether for personal or bodily injury and/or
death, property damage, or economic injury (collectively "Claims"), in law or equity,
whether actual, alleged or threatened, which arise out of, are claimed to arise out of,
pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants,
employees, subcontractors, materialmen, contractors or their officers, agents, servants
or employees (or any entity or Individual that Consultant shall bear the legal liability
thereof) in the performance of this Agreement, including the Indemnitees' active or
passive negligence, except for Claims arising from the sole negligence or willful
misconduct of the Indemnitees, as determined by final arbitration or court decision or by
the agreement of the Parties. Consultant shall defend the Indemnitees in any action or
actions filed in connection with any Claim with counsel of the Indemnitees' choice, and
shall pay all costs and expenses, including all attorneys' fees and experts' costs actually
incurred in connection with such defense. Consultant shall reimburse the Indemnitees for
any and all legal expenses and costs incurred bythe Indemnitees in connection therewith.
13.3 Subcontractor Indemnification. Consultant shall obtain executed Indemnity
agreements with provisions Identical to those in this Section 13.0 from each and every
subcontractor or any other person or entity involved by, for, with or on behalf of Consultant
in the performance of this Agreement. If Consultant fails to obtain such indemnities,
Consultant shall be fully responsible and indemnify, hold harmless and defend the
Indemnitees from and against any and all Claims in law or equity, whether actual, alleged
or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the
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acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees,
subcontractors, materialmen, contractors or their officers, agents, servants or employees
(or any entity or Individual that Consultant's subcontractor shall bear the legal liability
thereof) in the performance of this Agreement, including the Indemnitees' active or
passive negligence, except for Claims arising from the sole negligence or willful
misconduct of the Indemnitees, as determined by final arbitration or court decision or by
the agreement of the Parties.
13.4 The obligations of Consultant under this or any other provision of this
Agreement shall not be limited by the provisions of any workers' compensation act or
similar act. Consultant expressly waives any statutory immunity under such statutes or
laws as to the Indemnitees. Consultant's indemnity obligation set forth in this Section
13.0 shall not be limited by the limits of any policies of insurance required or provided by
Consultant pursuant to this Agreement.
13.5 Consultant's covenants under this Section 13.0 shall survive the expiration
or termination of this Agreement.
14.0 Conflict of Interest
14.1. Consultant covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which may be affected by the Services, or which would
conflict in any mannerwith the performance of the Services. Consultant further covenants
that, in performance of this Agreement, no person having any such interest shall be
employed by it. Furthermore, Consultant shall avoid the appearance of having any
Interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this
Agreement which is or may likely make Consultant "financially interested" (as provided in
California Government Code §§ 1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
14.2. Consultant further warrants and maintains that it has not employed or
retained any person or entity, other than a bona fide employee working exclusively for
Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay
any person or entity, other than a bona fide employee working exclusively for Consultant,
any fee, commission, gift, percentage, or any other consideration contingent upon the
execution of this Agreement. Upon any breach or violation of this warranty, City shall
have the right, at its sole and absolute discretion, to terminate this Agreement without
further liability, or to deduct from any sums payable to Consultant hereunder the full
amount or value of any such fee, commission, percentage or gift.
14.3. Consultant warrants and maintains that It has no knowledge that any officer
or employee of City has any interest, whether contractual, noncontractual, financial,
proprietary, or otherwise, in this transaction or In the business of Consultant, and that if
any such interest comes to the knowledge of Consultant at any time during the term of
this Agreement, Consultant shall Immediately make a complete, written disclosureof such
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interest to City, even if such interest would not be deemed a prohibited "conflict of interest"
under applicable laws as described in this Subsection.
15.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.
Consultant shall not discriminate against any subcontractor, employee, or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex,
sexual orientation, or age. Such non-discrimination includes, but is not limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, or termination.
16.0 Worker's Compensation Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of
Section 3700 of the California Labor Code that require every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
17.0 Prevailing Wage and Payroll Records
If this Agreement calls for services that, in whole or in part, constitute "public works"
as defined in the California Labor Code, then Consultant shall comply in all respects with
all applicable provisions of the California Labor Code, including those set forth in Exhibit
C, attached hereto and incorporated by reference herein.
16.0 Entire Agreement
This Agreement contains the entire Agreement of the Parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements. This Agreement may only be modified by a writing signed by both Parties.
19.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void
or affect the validity of the other provisions of this Agreement.
20.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, except that any rule of construction to the effect that ambiguities
are to be resolved against the drafting party shall not be applied in interpreting this
Agreement. Any dispute that arises under or relates to this Agreement (whether contract,
tort or both) shall be resolved in a superior or federal court with geographic jurisdiction
over the City of Seal Beach.
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21.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either Party
as a result of this Agreement.
22.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. In no event shall the making by City
of any payment to Consultant constitute or be construed as a waiver by City of any breach
of covenant, or any default which may then exist on the part of Consultant, and the making
of any such payment by City shall in no way impair or prejudice any right or remedy
available to City with regard to such breach or default. No waiver, benefit, privilege, or
service voluntarily given or performed by a Party shall give the other Party any contractual
rights by custom, estoppel, or otherwise.
23.0 Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any
company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has
it agreed to pay any company or person, other than a bona fide employee working solely
for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City has the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
24.0 Attorneys' Fees
If a Party commences any legal, administrative or other action against the other
Party arising out of or in connection with this Agreement, the prevailing Party in such
action shall be entitled to have and recover from the losing Party all of its attorneys' fees
and other costs incurred in connection therewith.
25.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if setforth in full herein. In the event of any material discrepancy between
the terms of any exhibit so incorporated and the terms of this Agreement, the terms of
this Agreement shall control.
26.0 Rules of Construction
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Each Party had the opportunity to independently review this Agreement with legal
counsel. Accordingly, this Agreement will be construed simply, as a whole, and in
accordance with its fair meaning; it will not be interpreted strictly for or against either
Party.
27.0 Corporate Authority
The persons executing this Agreement on behalf of the Parties warrant that they
are duly authorized to execute this Agreement on behalf of said Parties and that by their
execution, the Parties are formally bound to the provision of this Agreement.
(Intentionally Left Blank)
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first above written.
CITY OF SEAL BEACH CONSULTANT: AKM CONSULTING
ENGINEERS, a California corporation
By:
Jill R. Ingram, City Manager By:
Nam 2¢fcj kayPr-an
Its: re- i,de.nf
Attest:
T
Robin Roberts, City Clerk By:
Name: M�hrnP /Lc4cjta�
Its: l �PgSu✓z✓
Approved as to Form:
(Please note, two signatures required for
By: corporations pursuant to California
Craig Steele, City Attorney Corporations Code Section 313.)
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EXHIBIT C
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute "public works"
as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this
Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by
the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as
to those Services that are "public works", Consultant shall comply with and be bound by
all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full
herein.
2. California law requires the inclusion of specific Labor Code provisions in certain
contracts. The inclusion of such specific provisions below, whether or not required by
California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in
accordance with California Labor Code Section 1725.5, and has provided proof of
registration to City prior to the Effective Date of this Agreement. Consultant shall not
perform work with any subcontractor that is not registered with DIR pursuant to Section
1725.5. Consultant and subcontractors shall maintain their registration with the DIR in
effect throughout the duration of this Agreement. If Consultant or any subcontractor
ceases to be registered with DIR at any time during the duration of the project, Consultant
shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to
compliance monitoring and enforcement by DIR. Consultant shall post job site notices,
as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem
wages for each craft, classification, or type of worker needed to perform the Agreement
are on file at City Hall and will be made available to any interested party on request.
Consultant acknowledges receipt of a copy of the DIR determination of such prevailing
rate of per diem wages, and Consultant shall post such rates at each job site covered by
this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code
Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers
and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to
City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less
than the prevailing rates as determined by the DIR forthe work or craft in which the worker
14 of 16
is employed for any public work done pursuant to this Agreement by Consultant or by any
subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code
Section 1776, which requires Consultant and each subcontractor to: keep accurate
payroll records and verify such records in writing under penalty of perjury, as specked
in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform City of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code
Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section
200 at seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for
all apprenticeable occupations. Prior to commencing work under this Agreement,
Consultant shall provide City with a copy of the Information submitted to any applicable
apprenticeship program. Within 60 days after concluding work pursuant to this
Agreement, Consultant and each of its subcontractors shall submit to City a verified
statement of the journeyman and apprentice hours performed under this Agreement.
9. Consultant shall not perform Work with any Subcontractor that has been debarred
or suspended pursuant to California Labor Code Section 1777.1 or any other federal or
state law providing for the debarment of contractors from public works. Consultant and
subcontractors shall not be debarred or suspended throughout the duration of this
Contract pursuant to Labor Code Section 1777.1 or any other federal or state law
providing for the debarment of contractors from public works. If Consultant or any
subcontractor becomes debarred or suspended during the duration of the project,
Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day's work.
Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall
comply with and be bound by the provisions of Labor Code Section 1813 concerning
penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit
$25.00 for each worker employed in the performance of this Agreement by Consultant or
by any subcontractor for each calendar day during which such worker is required or
permitted to work more than eight hours in any one calendar day and 40 hours in any one
calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of
the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of
Consultant in excess of eight hours per day, and 40 hours during any one week shall be
permitted upon public work upon compensation for all hours worked in excess of eight
hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer
will be required to secure the payment of compensation to Its employees. In accordance
15 of 16
with the provisions of Califomia Labor Code Section 1861, Consultant hereby certifies as
follows:
'I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
12. For every subcontractor who will perform work on the project, Consultant shall be
responsible for such subcontractors compliance with Chapter 1 and Labor Code Sections
1860 and 3700, and Consultant shall include in the written contract between it and each
subcontractor a copy of those statutory provisions and a requirement that each
subcontractor shall comply with those statutory provisions. Consultant shall be required
to take all actions necessary to enforce such contractual provisions and ensure
subcontractors compliance, including without limitation, conducting a periodic review of
the certified payroll records of the subcontractor and upon becoming aware of the failure
of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold
harmless and defend (at Consultant's expense with counsel reasonably acceptable to
City) City, its officials, officers, employees, agents and independent contractors serving
in the role of City officials, and volunteers from and against any demand or claim for
damages, compensation, fines, penalties or other amounts arising out of or incidental to
any acts or omissions listed above by any person or entity (Including Consultant, its
subcontractors, and each of their officials, officers, employees and agents) in
connection with any work undertaken or in connection with the Agreement, including
without limitation the payment of all consequential damages, attorneys' fees, and other
related costs and expenses. All duties of Consultant under this Section shall survive the
termination of the Agreement.
16 of 16
Attachment "C"
January 19, 2018
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Attention: Mr. Michael Ho, P.E.
Deputy Director of Public Works / City Engineer
Subject- Focus Preliminary Design Report for College Park East and Marina Drive.
Dear Mr. Ho:
Per your request, AKM Consulting Engineers is pleased to submit this letter proposal to provide professional
engineering services for a Focus Preliminary Design Report (Project) for College Park East and Marina Drive.
The Focus Preliminary Design Report (Design Report) will conduct updated study/analysis with high
confidence 25 -year storm runoff for College Park East area draining to Elder and Guava, and the West End
Pump Station drainage area tributary to Marina Drive and 5' Street and develop preliminary design of
facilities needed to minimize the Flooding problems in these areas. The project scope of work includes
updating the relevant portions of the 2008 Master Plan of Drainage to reflect the recommendation of the
study.
1) College Park East - Elder Trih •EalyAwe•: The study will further develop Alternative 1 project
recommended in 2013, which consists of:
• A triple box culvert through the property the City purchased on Ironwood Avenue
• A single box culvert on Ironwood Avenue between Elder Avenue and Fir Avenue
• A double box culvert on Ironwood Avenue between Fir Avenue and Guava Avenue as well as on Guava
Avenue and Hazelnut Avenue
• Associated laterals on Elder Avenue, Fir Avenue, Ironwood Avenue, Guava Avenue, and Hazelnut
Avenue.
Because the outlet condition is controlled by the invert elevation of the golf course Swale, the system is
restricted to a shallow and wide reinforced concrete box (RCB) facilities, which will require relocation of
existing water and sewer facilities. The outlet at the Old Ranch Golf Course will be coordinated with the Golf
Course management
The Southern California Gas Company (SCG) owns a 34 -inch high pressure gas line located within the
Lampson Avenue street right -of way. We will coordinate the conditions for crossing of the gas line with SCG.
2) Marina Drive - PCH to Sm Street: The storm drain backbone system was recently Improved on Electric
Avenue between Corsair Way and 5- Street The system installed Is smaller than the facility recommended
by the 2008 Master Plan of Drainage. Therefore, we will update the hydrologic and hydraulic studies with
the high confidence 25- year storm, and develop a concept system to minimize the flooding in Marina
Drive and connecting streets between 5u Street and PCH. We will formulate a system that will minimize
ARM PropotaL17-1086 1
Imo.
�MMNN
Wonarli murcrs
M�Anil
Ian>a,„nm
Construction Management
AKM Consulting Engineers
553 Wald
Irvine, CA 92618
Telephone: 949.753.7333 Facsimile: 949.753.7320
wwmakmce•_com
January 19, 2018
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Attention: Mr. Michael Ho, P.E.
Deputy Director of Public Works / City Engineer
Subject- Focus Preliminary Design Report for College Park East and Marina Drive.
Dear Mr. Ho:
Per your request, AKM Consulting Engineers is pleased to submit this letter proposal to provide professional
engineering services for a Focus Preliminary Design Report (Project) for College Park East and Marina Drive.
The Focus Preliminary Design Report (Design Report) will conduct updated study/analysis with high
confidence 25 -year storm runoff for College Park East area draining to Elder and Guava, and the West End
Pump Station drainage area tributary to Marina Drive and 5' Street and develop preliminary design of
facilities needed to minimize the Flooding problems in these areas. The project scope of work includes
updating the relevant portions of the 2008 Master Plan of Drainage to reflect the recommendation of the
study.
1) College Park East - Elder Trih •EalyAwe•: The study will further develop Alternative 1 project
recommended in 2013, which consists of:
• A triple box culvert through the property the City purchased on Ironwood Avenue
• A single box culvert on Ironwood Avenue between Elder Avenue and Fir Avenue
• A double box culvert on Ironwood Avenue between Fir Avenue and Guava Avenue as well as on Guava
Avenue and Hazelnut Avenue
• Associated laterals on Elder Avenue, Fir Avenue, Ironwood Avenue, Guava Avenue, and Hazelnut
Avenue.
Because the outlet condition is controlled by the invert elevation of the golf course Swale, the system is
restricted to a shallow and wide reinforced concrete box (RCB) facilities, which will require relocation of
existing water and sewer facilities. The outlet at the Old Ranch Golf Course will be coordinated with the Golf
Course management
The Southern California Gas Company (SCG) owns a 34 -inch high pressure gas line located within the
Lampson Avenue street right -of way. We will coordinate the conditions for crossing of the gas line with SCG.
2) Marina Drive - PCH to Sm Street: The storm drain backbone system was recently Improved on Electric
Avenue between Corsair Way and 5- Street The system installed Is smaller than the facility recommended
by the 2008 Master Plan of Drainage. Therefore, we will update the hydrologic and hydraulic studies with
the high confidence 25- year storm, and develop a concept system to minimize the flooding in Marina
Drive and connecting streets between 5u Street and PCH. We will formulate a system that will minimize
ARM PropotaL17-1086 1
the possibility of flooding with the design flows In this area while conveying as much of the flow to the
West End Pump Station, and assess the feasibility of conveying the remaining flow to 14 Street along
Marina Drive, and constructing a new pump station on the City property east of the Intersection.
The scope of work for the Project will consist of the following tasks:
Task 1- Evaluation of the 2008 City Storm Drain Master Plan
The 2008 City Storm Drain Master Plan (Drainage Master Plan) is a reliable source of Information which
provides the initial information needed. We will Incorporate the storm drain improvements implemented
since its completion into the hydraulic models for subsequent use in formulating updated fadlities In the
focus study areas. We will use the as -built storm drain plans to update the models
Task2 -Ud ft Coordination, As -Bulk Piaos/Recotds Resemcb and Review
AKM will obtain record drawings of the water, sewer, and storm drains from the City, and contact all other
utility companies for their records within the project sites. We will plot the utilities on the topographic maps.
We will also plot street cross sections along possible alignments with the utilities shown horizontally and
vertically based on the record drawings. These cross sections will be used in selecting the initial alignments
and determining the utility locations.
Task 3 - Surveying
By 2006, the City developed a topographic map of its territories with 1 -foot contours. After transferring all
the as -built utility information onto the topographic maps. AKM will conduct a field survey to verify all the
above ground utilities, manholes, hand -holes, valves, vaults, and street improvements to ensure that the
presented utility Information is accurate and complete.
Task4-Polleaft
We will have the utilities marked in the work areas by USA We will conduct another field review to compare
the as -built Information provided by the utilities to USA markings. We will resolve any conflicts with the
utility owners. We will pothole the existing utilities that will impact the alignment of the proposed storm
drain system for final selection of the alignments, profiles, and utility relocation requirements.
Task 5 - interview Cky Staff
AKM will visit the study areas with the City staff to discuss the stairs experience with flooding in each area.
As appropriate, we will interview local residents and document their experiences as well. We will use this
Information in developing the preliminary design plans in order to minimize future flooding in the study
areas.
Task 6 - Hydrologic Study and Hydraulic Analysis
We will conduct hydrologic studies with high confidence 25 -year storm for each drainage tributary area. The
peak discharge at each concentration point (catch basin/inlet and confluence point) will be calculated. The
hydraulic model will be prepared utilizing the WSPG Program to evaluate the drainage system with the 25 -
year storm runoff. The recommended system will strive to address the staffs and residents' concerns, and
provide 6 -inch of freeboard at each drainage inlet However, since the tributary areas are very flat and
downstream conditions are established, this may not be possible in all areas.
Task 7 - Concept Design Plain
We will develop Initial conceptual design plans and profiles of the drainage systems. Major utility crossing
and sizing of the drainage system will be shown on the plans. Potential utility relocations will be identified at
this time.
Task 8- ComtrnmbtiRy Kering,
AKM's senior staff will review the preliminary drainage system design for each job site, to evaluate them for
constructability, including their impact to the area, and potential phasing of construction to accomplish the
projects' goal, The study team will review the comments, and incorporate them into the recommended
facility preliminary designs.
Task 9 - Recommendations for Temporary Pump Locations
We will review the recommended systems and their phasing, and develop recommendations for temporary
pump locations to assist in mitigating Flooding while the recommended improvements are implemented. This
task will also utilize the knowledge obtained through staff and resident interviews.
Task 10 -Construction Cost Estimates
We will prepare construction cost estimates for the recommended projects based upon quantities and unit
costs utilizing data from recent similar construction projects.
Task 11 -Foal ReportAmeadments to the 2008 City Storm Drain Master Plan
Since detailed study and analysis are conducted in this Design Report, it an be the Amendments to the 2008
City Storm Drain Master Plan. A summary of the Design Report will be distributed to the City for updating the
2008 Master Plan of Drainage.
Task 12 - Presentation to the City Council
ARM will assist the Public Works Department in presenting the Final Design Reports and updates to the 2008
Master Plan of Drainage to the City Council for approval and funding. We will respond to any questions
regarding the studies during the meeting. We will provide written responses following the meeting, and
Incorporate any changes to the design reports and the master plan update.
To complete the scope of works described above, we estimate a budget of $219,946 will be required. A
detailed estimate by task, including associated workhours, is shown in Table 1.
17-1086
We propose to complete Tasks 1 through 11 within 16 weeks of your notice to proceed. We will finalize all
documents within 4 weeks of presentation to the City Council.
AKM Consulting Engineers appreciates the opportunity to submit our proposal on this most important
project, and we look forward to working with you on its implementation. Should you have any questions or
require additional information, please do not hesitate in contacting the undersigned.
Sincerely,
AKM Consulting Engineers
ZekiZeki K
Principal
7-1086
AXM Consulting Engineers
553 Wald
Irvine, CA 92618
Telephone: 949.753.7333 Facsimile: 949.753.7320
www.,km,e.com
January12, 2018
City of Seal Beach
211 81h Street
Seal Beach, California 90740
Attention: Mr. Michael Ho, P.E.
Deputy Director of Public Works/City Engineer
WaterR murces
In(msavcture
Construction Man agement
Subject: Proposal to Provide Professional Services for Design of Seal Way and Seal Beach
Boulevard Storm Drain
Dear Mr. Ho:
AKM Consulting Engineers is pleased to submit this proposal to provide professional services for the design
of the storm drain system that will provide flood protection to the properties along Seal Way between Dolphin
Avenue and Electric Avenue.
This area is currently served by a 15 -inch drain that extends along the south curb of Electric Avenue from
Ocean Avenue to Anaheim Bay. It has three grated inlets, and a flap gate at its outlet. Although the record
drawings show a 21 -inch drain paralleling the 15 -inch drain to its north, there am no visible inlets on that line.
The existing drainage system is inadequate, particularly during high tides, when the flap gate is closed. The
City's Master Plan of Drainage proposed connecting the drainage system from this area to the existing 54 -
inch diameter storm drain that confluences with a newer 66 -inch diameter storm drain on Electric Avenue, and
terminates at Orange County Flood Control District's Seal Beach Stonnwater Pump Station. The purpose of
the subject project is to construct the drainage facilities that will provide 25 -year high confidence storm
protection to the area and connect it to the existing 54 -inch storm drain.
SCOPE OF WOHK
Based upon our knowledge of the drainage area, and the issues involved, we propose the following scope of
work:
1. Project Management — We will coordinate the work with the City and hold meetings to review progress
and discuss project issues.
2. As -Built Plans/Records Research and Review, Utility Coordination — We will obtain record drawings
of the water, sewer, and storm drains from the City. We will contact all other utility companies and
request their records in the area. Upon receipt, we will review the information and catalogue them for
subsequent use in the design of the facilities. We will identify any potential conflict, and initiate potholing,
if necessary.
AXN PropowX17-1027
3. Surveying — We will utilize the existing aerial topography, and conduct a field survey of the area to
develop a design level base map. This will include dipping of all the manholes, and valve nuts in the
project vicinity.
4. Geotechnical Services — This task will consist of drilling one 25 foot deep boring to determine the
current groundwater level, soil types, and develop recommendations for excavation, backfill, shoring, and
dewatering. As shoring and dewatering are temporary activities for the construction of the facilities, they
will be specified as contractor design -build -maintain -remove design activities. The geotechnical work will
develop general conditions for shoring and dewatering.
5. Potholing — Based upon the utility search, and review of the work area in the field, we will identify the
facilities to be potholed, and will determine their locations and elevations for use in the design work. We
have assumed up to four (4) potholes.
6. Hydrologic Study and Hydraulic Analysis — Under this task, we will conduct a hydrology study to
determine the design flows at various locafions with high confidence 25 -year storm.
We will then develop a hydraulic model of the proposed system, as well as the existing systems on
Electric Avenue and Seal Beach Boulevard utilizing the WSPG program. We will size the storm drain
pipes and the catch basins, which will provide Expected Value 100 -year protection (25 -year high
confidence) per the City's criteria.
We will document the hydrologic and hydraulic studies in a letter report.
7. Plans, Specifications, and Estimates — We will utilize the survey and aerial topographic information to
develop base maps for the plans. The plans will include a title sheet, a second sheet with notes, plan and
profile sheets, detail sheets, and a geotechnical boring log sheet.
The technical specifications will cover all work items, as well as requirements for shoring and dewatering.
The construction contractor will be required to prepare the shoring, dewatering, as well as the
construction traffic control plans.
We will prepare a bid sheet, along with a construction cost estimate. We will utilize the City's front end
documents.
SCHEDULE
We will complete the contract documents within 10 weeks following notice to proceed.
We propose to complete the above scope of work on a time and materials basis for a not to exceed fee of
$79,988, as detailed in the Workhour and Cost Estimate attached.
We appreciate the opportunity to submit this proposal, and look forward to being of service to the City of Seal
Beach. If you have any questions or require additional information, please do not hesitate in contacting the
undersigned.
Very truly yours,
AKM Consulting Engineers
Zak,s P.E.
Principal
AX4 v.opogLl7-3027
Seal Way - Seal Beach Boulevard Storm Desire
Workhourand Cost Estimate (1-12-2018)
Task
Dncdptlon
Project
Projert
Auocia4
CARD
Ckriul
AI04
To%I
AICA
labor
Sub-
Consorted
Total
Mareger
Eogbreer
Engineer
Cut
Nouns
Cut
Cut
Task l- Project Muugeowra
4
4
2
10
SLIM
$1.692
Tuk 2 -1 ty Coordination, As-BuOI
PloreMseords Reuarek a.l Review
2
8
Ifi
2
28
(4,182
$4,182
Task 3- Su.oyby and TopogmpWc
Mapping Servlon
g
g
16
EI,80D
$5,830
$l,fiM
Task 4- Gea4rhdea1 Services
2
4
2
8
$1.330
812.540
$13.870
Task S-P.dit Service,
2
2
4
5550
85,000
55,550
Task 6 - Hydrology Study and NydnuHr
Analysis
4
Ifi
24
m
87,020
$/,020
Task 7- Deign Pierer Speri1katlou and
Coodewd.a Cast Estlmde
16
48
IDD
120
24
308
53&044
E�ereeo
g2,000
TMI Has.
28
82
148
132
28
418
*$54618$23,311
Hard Roo
$205
$185
5135
590
$66
COST
55,740
515,170
E19980
$11,880
f1r848
5]9988
AXM propo*&W-1027