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AGENDA STAFF REPORT
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DATE: April 23, 2018
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Professional Service Agreements for Construction Support
Services for the Seal Beach Pier Improvements Project No. BP
1002
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6815:
1. Authorizing the City Manager to execute a professional services
agreement for construction support services with Moffatt & Nichol for
$74,000;
2. Authorizing the City Manager to approve potential contract changes to the
professional services agreement with Moffatt & Nichol in the amount not to
exceed $7,400;
3. Authorizing the City Manager to execute a professional services
agreement for construction support services with AKM Consulting
Engineers for $26,060;
4. Authorizing the City Manager to approve potential contract changes to the
professional services agreement with AKM Consulting Engineers in the
amount not to exceed $2,606.
BACKGROUND AND ANALYSIS:
At the February 22, 2016 City Council meeting, the City Council discussed
options for repairs and improvements to the City's Pier. At that meeting, Council
provided staff with direction to proceed with necessary improvements to allow for
a future one -story tenant at the end of the pier. That option included structural
repairs to the pier framework, a new fire line and domestic water line, new
decking, demolition and replacement of the existing sewer pump station, a new
electrical transformer, and all other utility lines as necessary.
In May 2016, an electrical fire damaged the end of the pier. As a result of the fire,
emergency repairs were required, which included the demolition and removal of
all damaged buildings, charred decking and stringers; and necessary stringer
replacement at the end of the pier. Due to the fire, additional structural and utility
Agenda Item L
repairs are required. These include: replacement of fire damaged utility lines,
reinforcement and repair of damaged piles and pile caps, new stringers, decking
and handrails.
Engineering firms Moffatt & Nichol and AKM Consulting Engineers prepared
construction plans and specifications for the described project. At the
March 12, 2018 City Council meeting, these plans and specifications were
approved and staff was authorized to solicit for bids. Currently, the Seal Beach
Pier Improvement Project is "out to bid."
As with most public works construction projects, the design engineers record or
"engineers of record" must see the project through the construction phase right
up to final acceptance. They provide material submission approvals, provide
answers and clarifications to contractor questions, and render opinions to
potential change order requests, as well as prepare final "As- Built' drawings for
permanent records. Both Moffatt & Nichol and AKM Consulting Engineers
provided the City with proposals to provide construction support services for the
Pier Improvements Project No. BP1002. Moffatt & Nichol is requesting a time
and materials fee not -to- exceed $74,000 and AKM Consulting Engineers is
requesting a time and materials fee not -to- exceed $26,060 to provide these
services. Staff is recommending an additional 10 percent contingency be added
to each of these professional service contracts in the event that unforeseen
conditions are encountered.
The breakdown for the anticipated costs for the remaining phases of the entire
project, including estimated construction costs, "engineer of record" construction
support services, and construction management/inspection services is as follows:
Total Estimated Proiect Costs
Description
Amount
Estimated Construction Cost
$ 3,450,000
Construction Contract Contingency (10 %)
$ 345,000
Construction Management/inspection
$ 596,000
Moffatt & Nichol Construction Support Services
$ 74,000
Moffatt & Nichol Contract Contingency
$ 7,400
AKM Construction Support Services
$ 26,060
AKM Contract Contingency
$ 2,606
Estimated Project Total:
$4,501,066
Certain portions of the final construction, construction management, inspection
and engineering support services will also be paid for by the insurance company,
when the exact construction totals, and not just estimates, are known.
Page 2
ENVIRONMENTAL IMPACT:
The City previously carried out a comprehensive Initial Study /Mitigated Negative
Declaration to assess the potential environmental effects of the pier repairs
pursuant to the California Environmental Quality Act, ( "CEQA "), and the State
CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et
seq.). On May 22, 2017, City Council adopted Resolution No. 6736 adopting the
final IS /MND and Mitigation Monitoring and Reporting Program for the project.
The City has independently reviewed and considered the approved IS /MND and
Mitigation Monitoring and Reporting Program in preparing the PS &E for the
project. In addition to the IS /MND, the City has successfully obtained a Coastal
Development Permit (Permit Number 5 -17 -167) and will follow the conditions of
the permit.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The Fiscal Year 2017/2018 Budget allocates $3,730,000 for the project. This
current budgeted amount will be sufficient to cover the costs for the City's portion
of the remaining work to be completed including project construction,
construction support services, and construction manage menUinspection services.
RECOMMENDATION:
That the City Council adopt Resolution No. 6815:
1. Authorizing the City Manager to execute a professional services
agreement for construction support services with Moffatt & Nichol for
$74,000;
2. Authorizing the City Manager to approve potential contract changes to the
professional services agreement with Moffatt & Nichol in the amount not to
exceed $7,400;
3. Authorizing the City Manager to execute a professional services
agreement for construction support services with AKM Consulting
Engineers for $26,060;
4. Authorizing the City Manager to approve potential contract changes to the
professional services agreement with AKM Consulting Engineers in the
amount not to exceed $2,606.
SUBMITTED BY:
Steve JKrj4ie4.
Steve Myrter, P.E., Director of
Public Works
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NOTED AND APPROVED:
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Jill R. Ingram, City Manager
Prepared by: David Spitz, P.E., Associate Engineer
ATTACHMENTS:
A. Resolution No. 6815
B. Moffatt & Nichol PSA
C. AKM Consulting Engineers PSA
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Attachment "A"
RESOLUTION NUMBER 6815
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING PROFESSIONAL SERVICE AGREEMENTS FOR
CONSTRUCTION SUPPORT SERVICES FOR THE SEAL BEACH
PIER IMPROVEMENTS PROJECT NO. BP1002
WHEREAS, City desires to use consulting services for providing
assistance in supporting staff's efforts in construction of the Pier Improvements
Project No. BP1002; and
WHEREAS, the City of Seal Beach wishes to enter into a Professional
Services Agreement with Moffatt & Nichol ( "PSA M &N ") in the total amount of
$74,000 for Construction Support Services during the construction of the Pier
Improvements Project No. BP1002; and
WHEREAS, the City of Seal Beach wishes to enter into a Professional
Services Agreement with AKM Consulting Engineers ( "PSA AKM ") in the total
amount of $26,060 for Construction Support Services during the construction of
the Pier Improvements Project No. BP1002.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
Section 1. Approval and Authorization of Professional Services Agreement
with Moffatt & Nichol.
A. The City of Seal Beach hereby approves the Professional Services
Agreement dated April 23, 2018 between the City of Seal Beach and Moffatt &
Nichol for Construction Support Services for the Pier Improvements Project No.
BP1002 in the amount not to exceed $74,000 (seventy four thousand dollars),
attached hereto as Exhibit "A" and incorporated herein by this reference as
though set forth in full.
B. The City Council hereby authorizes the City Manager to approve
payments for additional work requests in connection with PSA M &N in the
amount of $7,400.
C. The City Council hereby authorizes the City Manager to execute
the PSA M &N.
Section 2. Approval and Authorization of Professional Services Agreement
with AKM Consulting Engineers.
A. The City of Seal Beach hereby approves the Professional Services
Agreement dated April 23, 2018 between the City of Seal Beach and AKM
Consulting Engineers for Construction Support Services for the Pier
Improvements Project No. BP1002 in the amount not to exceed $26,060 (twenty
six thousand sixty dollars), attached hereto as Exhibit "A" and incorporated
herein by this reference as though set forth in full.
B. The City Council hereby authorizes the City Manager to approve
payments for additional work requests in connection with PSA AKM in the
amount of $2,606.
C. The City Council hereby authorizes the City Manager to execute
the PSA AKM.
Section 3. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 23rd day of April, 2018 by the following vote:
AYES:
Council Members:
NOES:
Council Members:
ABSENT:
Council Members:
ABSTAIN:
Council Members:
Mike Varipapa, Mayor
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 of Resolution Number 6815 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 23rd day of April, 2018.
Robin L. Roberts, City Clerk
Attachment "B"
PROFESSIONAL SERVICES AGREEMENT
For
Construction Support Services, Pier Improvements
Project No. BP1002
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
10
Moffatt & Nichol
3780 Kilroy Airport Way, Suite 600
Long Beach, CA 90806
(562) 426 -9551 - Phone
(562) 424 -7489 - Fax
This Professional Services Agreement ( "the Agreement') is made as of April 23, 2018
(the "Effective Date "), by and between Moffatt & Nichol ( "Consultant'), a California
Corporation, and the City of Seal Beach ( "City "), a California charter city, (collectively,
"the Parties ").
RECITALS
A. City desires certain professional services for construction support
services, in the manner set forth herein and more particularly described in
Section 1.
B. Consultant represents that it is qualified and able, by virtue of experience,
training, education, and expertise, to provide City with the services required by
this Agreement in a good and professional manner, and it desires to provide such
services as provided herein. The City enters into this Agreement in reliance on
those representations.
C. City desires to retain Consultant and Consultant desires to serve City to
perform those 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 (Consultant's Proposal, dated March 8, 2018), which are
hereby incorporated by this reference. To the extent that there is any conflict
between Exhibit A and this Agreement, this Agreement shall control.
1.2. Consultant shall perform all Services under this Agreement in
accordance with the standard of care generally exercised by like professionals
under similar circumstances and in a manner reasonably satisfactory to 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
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work by the City shall not operate as a release of Consultant from such standard
of care and workmanship.
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.
1.6. 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 up to the amount approved at the time of award by the
City Council. Payment for additional work in excess of this amount requires prior
City Council authorization.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and shall
continue until September 30, 2019 unless previously terminated as provided by
this Agreement.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the hourly rates shown on the fee
schedule set forth in Exhibit B. attached hereto and incorporated herein by
reference, for Services but in no event will the City pay more than $74,000
(seventy -four thousand dollars). Any additional work authorized by the City
pursuant to Section 1.6 will be compensated in accordance with the fee schedule
set forth in Exhibit B.
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 all undisputed fees within 30
days of receiving Consultant's invoice. City will not withhold any applicable
federal or state payroll taxes and other required taxes, or other authorized
deductions from payments made to Consultant for services performed under this
Agreement.
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4.2. Upon 24 -hour notice from City, Consultant shall allow City or City's
agents or representatives to inspect at Consultant's offices during reasonable
business hours all records, invoices, time 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 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 of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
5.3. Notice of termination shall be given in accordance with Section 7.0.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. James R. Crumpley is the Consultant's primary representative for
purposes of this Agreement. Consultant may not change its representative
without prior written approval of City, which approval shall not be unreasonably
withheld.
7.0 Notices
7.1. Ali 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
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To Consultant: Moffatt & Nichol
3780 Kilroy Airport Way, Suite 600
Long Beach, CA 90806
Attn: James R. Crumpley
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.0 Personnel
Consultant has or shall secure, at its own expense, all personnel required to
perform all services under this Agreement. Any person who performs any of the
services shall possess the qualifications, permits, and licenses required by state
and local law to perform such services.
9.0 Independent Contractor
9.1. Consultant is and shall at all times remain 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.
Consultant will determine the means, methods, and details of performing the
services. 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. Consultant shall be solely responsible for the
satisfactory work performance of all personnel engaged in performing the
services and compliance with the customary professional standards.
9.2. To the fullest extent permitted by law, Consultant shall defend (with
legal counsel acceptable to the City, whose consent shall not be unreasonably
withheld), indemnify and hold harmless City and its elected officials, officers,
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. Consultant's
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defense and indemnification obligations under this Section are in addition to the
Consultant's defense and indemnification obligations of Section 14.0.
10.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of the 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 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all
services and other matters covered under this Agreement, including but
expressly not limited to, all services performed, salaries, wages, invoices, time
cards, cost control sheets, costs, expenses, receipts and other records with
respect to this Agreement. Consultant shall maintain adequate records on the
services provided in sufficient detail to permit an evaluation of all services in
connection therewith. All such records shall be clearly identified and readily
accessible. At all times during regular business hours, Consultant shall provide
City with free access to such records, and the right to examine and audit the
same and to make copies and transcripts as City deems necessary, and shall
allow inspection of all program data, Information, documents, proceedings and
activities and all other matters related to the performance of the services under
this Agreement. Consultant shall retain all financial and program service records
and all other records related to the services and performance of this Agreement
for at least three (3) years after expiration, termination or final payment under this
Agreement, whichever occurs later. City's rights under this Section 12.0 shall
survive for three (3) years after expiration, termination or final payment under this
Agreement, whichever occurs later.
13.0 Insurance
13.1. Consultant shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Consultant has secured all
insurance required under this Section. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf, and shall be on forms provided by the City if
requested. All certificates and endorsements shall be received and approved by
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the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
13.2. Consultant shall, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance
of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City. Coverage shall be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code
1 (any auto); (3) Employer's Liability and Workers' Compensation Insurance;
and, if required by the City, (4) Professional Liability. Consultant shall maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily
injury, personal injury and property damage and if Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this Agreement/location or the general
aggregate limit shall be twice the required occurrence limit; (2) Automobile
Liability: $1,000,000 per accident for bodily injury and property damage; (3)
Employer's Liability: $1,000,000 per accident and in the aggregate for bodily
injury or disease and Workers' Compensation in the amount required by law; and
(4) Professional Liability: $1,000,000 per claim /aggregate.
13.3. The insurance policies shall contain the following provisions, or
Consultant shall provide endorsements on forms supplied or approved by the
City to state: (1) coverage shall not be suspended, voided, reduced or canceled
except after 30 days prior written notice by certified mail, return receipt
requested, has been given to the City; (2) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, (3) coverage shall
be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain
of coverage excess of the Consultant's scheduled underlying coverage and that
any insurance or self- insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it; (4) for general liability
insurance, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the services or
operations performed by or on behalf of the Consultant, including materials, parts
or equipment furnished in connection with such work; and (5) for automobile
liability, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Consultant or for which the Consultant is responsible.
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13.4. All insurance required by this Section shall contain standard
separation of insureds provisions and shall not contain any special limitations on
the scope of protection afforded to the City, its directors, officials, officers,
employees, agents, and volunteers.
13.5. Any deductibles or self- insured retentions shall be declared to and
approved by the City. Consultant guarantees that, at the option of the City,
either: (1) the insurer shall reduce or eliminate such deductibles or self- insured
retentions as respects the City, its directors, officials, officers, employees,
agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and
defense expenses.
14.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant and the City agree that the City, its employees, agents and
officials should, to the fullest extent permitted by law, be fully protected from any
loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees,
litigation costs, defense costs, court costs and /or any other cost arising out of or
in any way related to the performance of this Agreement. Accordingly, the
provisions of this indemnity provision are intended by the Parties to be
interpreted and construed to provide the fullest protection possible under the law
to the City and the Indemnitees. Consultant acknowledges that the CITY would
not have entered into this Agreement in the absence of the commitment of the
Consultant to indemnify and protect the City and the Indemnitees, as set forth in
this Agreement.
14.1 Indemnity for Design Professional Services and Other Professional
Services. To the fullest extent permitted by law, Consultant shall, at its sole cost
and expense, indemnify and hold harmless the City, its elected officials, officers,
attorneys, agents, employees, designated volunteers, successors, assigns and
those City agents serving as independent contractors in the role of City officials
(collectively " Indemnitees" in this Section 14.0), from and against any and all
damages, costs, expenses, liabilities, claims, demands, causes of action,
proceedings, judgments, penalties, liens, and losses of any nature whatsoever,
including fees of accountants and other professionals, and all costs associated
therewith, and reimbursement of attorneys' fees and costs of defense
(collectively "Claims "), whether actual, alleged or threatened, which arise out of,
pertain to, or relate to, in whole or in part, the negligence, recklessness or willful
misconduct of Consultant, and /or its officers, agents, servants, employees,
subcontractors, 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 § 2782.8(c), or in
the performance of other professional services under this Agreement. Any
F,JMM
Claims arising out of design professional services shall be on a reimbursement
basis. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a),
in no event shall the cost to defend the Indemnitees that is charged to Consultant
exceed Consultant's proportionate percentage of fault.
14.2 Other Indemnities. Other than in the performance of professional
services, and to the fullest extent permitted by law, Consultant shall, at its sole
cost and expense, protect, defend, hold harmless and indemnify the Indemnitees
from and against any and all damages, costs, expenses, liabilities, claims,
demands, causes of action, proceedings, judgments, penalties, liens and losses
of any nature whatsoever, including fees of accountants, attorneys and other
professionals, and all costs associated therewith, and the payment of all
consequential damages (collectively "Damages "), in law or equity, whether
actual, alleged or threatened, which arise out of, pertain to, or relate to the acts
or omissions of Consultant, its officers, agents, servants, employees,
subcontractors, materialmen, suppliers, or 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 Damages 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
Damages 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 by the Indemnitees in connection
therewith.
14.3 Subcontractor Indemnification. Consultant shall obtain executed
indemnity agreements with provisions identical to those in this Section 14.0 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 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 or Damages 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.
14.4 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
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immunity under such statutes or laws as to the Indemnitees. Consultant's
indemnity obligation set forth in this Section 14.0 shall not be limited by the limits
of any policies of insurance required or provided by Consultant pursuant to this
Agreement.
14.5 Consultant's covenants under this Section 14.0 shall survive the
expiration or termination of this Agreement.
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 Workers' 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.
18.0 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.
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20.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
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. 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; Conflict of Interest
23.1. 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 manner with 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.
23.2. 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.
23.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non -
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Consultant, and that if any such interest comes to the knowledge of
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Consultant at any time during the term of this Agreement, Consultant shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this subsection.
24.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation 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 set forth 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 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or
she is duly authorized to execute this Agreement on behalf of said Party and that
by his or her execution, the Consultant is formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first
above written.
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CITY OF SEAL BEACH CONSULTANT
By: By:
Jill R. Ingram, City Manager /
Name:
Attest: Its:
By: By:
Robyn Roberts, City Clerk
Name:
Approved as tq.rXrn - 7 Its:
0
Attorney
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 parry 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 for the work or craft in
which the worker 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
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specified 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 Code of Regulations, Title 8,
Section 200 et 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 with the provisions of California 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."
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12. For every subcontractor who will perform work on the project, Consultant shall be
responsible for such subcontractor's 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
subcontractor's 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.
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EXHIBIT A
3780 Kdmy Airport Way, Smote 600
„hq tang Beach, CA 90806
mollotl & nlchol (562)426-9551 Fax(562)424d489
v.ax MCHJ Na nul coil
March 8, 2018
City of Seal Beach
211 8'h Street
Seal Beach, CA 90740
Attn: Mr. David Spitz
RE: Proposal for Designer Construction Services for Seal Beach Pier Restoration
Dear Mr. Spitz:
M &N is pleased to present this proposal for design construction services for the Seal Beach Pied
Restoration per the City's request.
Our proposed scope of services is attached.
Our total fee for the Scope of Services described is S 74,000. A breakdown of the proposed fee
is attached after the scope along with the current Rate Schedule for Professional Services. I
Thank you for the opportunity to present this proposal to provide designer construction services
for the Seal Beach Pier Restoration. Please do not hesitate to contact meat anytime during the:
evaluation process to answer any questions or provide additional information in support of this
proposal or if the scope is not what the City intended.
Sincerely,
MOFFATT & NICHOL
e �—
James R. Crumpley
Project Manager
David Spitz, Associate Civil Engineer
City of Seal Beach
March 02, 2018
Scope of Services
Seal Beach Pier Restoration Construction Services
The scope of services include:
A. Pre -Bid Service
1. Review and respond to Contractor Request for Information (RFI) during the
bidding process, except those related to the sewer lift station.
2. Attend pre -bid meeting and job walk.
B. Services During Construction
3. Review Contractor submittals.
4. Review and respond to Contractor RFI during construction, except those related
to the sewer lift station.
5. Attend Pre - Construction meeting.
6. Attend periodic construction meetings and site visits, as requested (35 Total)
7. Attend Final Walk- through.
C. Record Drawings
1. Prepare Record Drawings using the design cad files and recording changes
provided by the contractor for field changes made during construction.
Proposed Fee
Seal Beach Pier Structural Restoration and Utilities
We propose to provide the engineering service outlined above for a fee not to
exceed $74,000 without prior authorization. This fee is broken down as follows:
A. Pre -Bid Services
B. Service During Construction
C. Record Drawings
Total
$ 5,500
$58,000
$10,500
$74,000
1,11 2
hi®®,
moffatt & nichol
RATE SCHEDULE FOR PROFESSIONAL SERVICES
Effective September 1, 2017 Until Revised
CLASSIFICATION
HOURLY RATES
PROFESSIONALS
Supervisory Engineer /Scientist
$
250.00
Vellum Plots (B/W)
Senior Engineer /Scientist
$
229.00
Drawing Reproduction
Engineer /Scientist III
$
214.00
- Outside Reproduction
Engineer /Scientist 11
$
I88.00
Rental Vehicle
Engineer/Scientist 1
$
167.00
Meals and Lodging
Staff Engineer /Scientist
$
133.00
TECHNICIANS
Senior Technician
S
184.00
Designer
$
173.00
CADD 11
$
146.00
CADD 1
$
109.00
CLERICAL
Word Processing
S
109.00
General Clerical
$
85.00
SPECIAL
Principal Engineer/Scientist
$
266.00
Deposition & Trial Testimony
$
450.00
REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement)
Subcontracts or Outside Services Cost +15,6
Reproductions -In House
Mylar Plots (BAV)
$2.006F
Color Plots
$4.00/SF
Vellum Plots (B/W)
$I.00tSF
Bond Plots (B/W)
50.50 /SF
Drawing Reproduction
Cost +15%
Document Reproduction
50.10 /sheet
- Outside Reproduction
Cost +150,6
Travel Company Auto
Prevailing IRS
Rental Vehicle
Cast
Airfare
Cost
Meals and Lodging
Cost
EXHIBIT B
hAhq
moffatt & nichoi
RATE SCHEDULE FOR PROFESSIONAL SERVICES
Effective September 1, 2017 Until Revised
CLASSIFICATION
HOURLY RATES
PROFESSIONALS
Supervisory Engineer /Scientist
S
250.00
Senior Engineer /Scientist
S
229.00
Engineer /Scientist III
$
214.00
Engineer /Scientist II
$
188.00
Engineer /Scientist I
$
167.00
Staff Engineer /Scientist
$
133.00
TECHNICIANS
Senior Technician
$
184.00
Designer
$
173.00
CADD II
S
146.00
CADD I
S
109.00
CLERICAL
Word Processing
S
109.00
General Clerical
$
85.00
SPECIAL
Principal Engineer /Scientist
$
266.00
Deposition & Trial Testimony
$
450.00
REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement)
Subcontracts or Outside Services Cost +15%
Reproductions
In House
Mylar Plots (B /W)
Color Plots
Vellum Plots (B /W)
Bond Plots (B /W)
Drawing Reproduction
Document Reproduction
Outside Reproduction
52.00 /SF
54.00 /SF
S 1.00 /SF
$0.50 /SF
Cost +15%
$0.10 /sheet
Cost +I 5%
Travel Company Auto Prevailing IRS
Rental Vehicle Cost
Airfare Cost
Meals and Lodging Cost
Attachment "C"
PROFESSIONAL SERVICES AGREEMENT
For
Construction Support Services, Pier Improvements
Project No. BP1002
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
L
AKM Consulting Engineers
553 Wald
Irvine, CA 92618
(949) 753 -7333 - Phone
(949) 753 -7320 - Fax
This Professional Services Agreement ( "the Agreement') is made as of April 23, 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 ").
RECITALS
A. City desires certain professional services for construction support
services, in the manner set forth herein and more particularly described in
Section 1.
B. Consultant represents that it is qualified and able, by virtue of experience,
training, education, and expertise, to provide City with the services required by
this Agreement in a good and professional manner, and it desires to provide such
services as provided herein. The City enters into this Agreement in reliance on
those representations.
C. City desires to retain Consultant and Consultant desires to serve City to
perform those 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 (Request for Proposals) and Exhibit B (Consultant's Proposal,
dated March 15, 2018), which are hereby incorporated by this reference. To the
extent that there is any conflict between Exhibit A and /or Exhibit B, and this
Agreement, this Agreement shall control.
1.2. Consultant shall perform all Services under this Agreement in
accordance with the standard of care generally exercised by like professionals
under similar circumstances and In a manner reasonably satisfactory to 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
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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.
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.
1.6. 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 up to the amount approved at the time of award by the
City Council. Payment for additional work in excess of this amount requires prior
City Council authorization.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and shall
continue until September 30, 2019 unless previously terminated as provided by
this Agreement.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the hourly rates shown on the fee
schedule set forth in Exhibit B, attached hereto and incorporated herein by
reference, for Services but in no event will the City pay more than $26,060
(twenty -six thousand sixty dollars). Any additional work authorized by the City
pursuant to Section 1.6 will be compensated in accordance with the fee schedule
set forth in Exhibit B.
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 all undisputed fees within 30
days of receiving Consultant's invoice. City will not withhold any applicable
federal or state payroll taxes and other required taxes, or other authorized
deductions from payments made to Consultant for services performed under this
Agreement.
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4.2. Upon 24 -hour notice from City, Consultant shall allow City or City's
agents or representatives to inspect at Consultant's offices during reasonable
business hours all records, invoices, time 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 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 of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
5.3. Notice of termination shall be given in accordance with Section 7.0.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. John Loague, P.E. is the Consultant's primary representative for
purposes of this Agreement. Consultant may not change its representative
without 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
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To Consultant: AKM Consulting Engineers
553 Wald
Irvine, CA 92618
Attn: John Loague, P.E.
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.0 Personnel
Consultant has or shall secure, at Its own expense, all personnel required to
perform all services under this Agreement. Any person who performs any of the
services shall possess the qualifications, permits, and licenses required by state
and local law to perform such services.
9.0 Independent Contractor
9.1. Consultant is and shall at all times remain 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.
Consultant will determine the means, methods, and details of performing the
services. 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. Consultant shall be solely responsible for the
satisfactory work performance of all personnel engaged in performing the
services and compliance with the customary professional standards.
9.2. To the fullest extent permitted by law, Consultant shall defend (with
legal counsel acceptable to the City, whose consent shall not be unreasonably
withheld), indemnify and hold harmless City and its elected officials, officers,
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. Consultant's
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defense and indemnification obligations under this Section are in addition to the
Consultant's defense and indemnification obligations of Section 14.0.
10.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of the 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 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all
services and other matters covered under this Agreement, including but
expressly not limited to, all services performed, salaries, wages, invoices, time
cards, cost control sheets, costs, expenses, receipts and other records with
respect to this Agreement. Consultant shall maintain adequate records on the
services provided in sufficient detail to permit an evaluation of all services in
connection therewith. All such records shall be clearly identified and readily
accessible. At all times during regular business hours, Consultant shall provide
City with free access to such records, and the right to examine and audit the
same and to make copies and transcripts as City deems necessary, and shall
allow inspection of all program data, Information, documents, proceedings and
activities and all other matters related to the performance of the services under
this Agreement. Consultant shall retain all financial and program service records
and all other records related to the services and performance of this Agreement
for at least three (3) years after expiration, termination or final payment under this
Agreement, whichever occurs later. City's rights under this Section 12.0 shall
survive for three (3) years after expiration, termination or final payment under this
Agreement, whichever occurs later.
13.0 Insurance
13.1. Consultant shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Consultant has secured all
insurance required under this Section. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf, and shall be on forms provided by the City if
requested. All certificates and endorsements shall be received and approved by
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the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
13.2. Consultant shall, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance
of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City. Coverage shall be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code
1 (any auto); (3) Employer's Liability and Workers' Compensation Insurance;
and, if required by the City, (4) Professional Liability. Consultant shall maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily
i
injury, personal injury and property damage and if Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this Agreement/location or the general
aggregate limit shall be twice the required occurrence limit; (2) Automobile
Liability: $1,000,000 per accident for bodily injury and property damage; (3)
Employer's Liability: $1 f000,000 per accident and in the aggregate for bodily
injury or disease and Workers' Compensation in the amount required by law; and
(4) Professional Liability $1,000,000 per claim /aggregate.
13.3. The insurance policies shall contain the following provisions, or
Consultant shall provide endorsements on forms supplied or approved by the
City to state: (1) coverage shall not be suspended, voided, reduced or canceled
except after 30 days (prior written notice by certified mail, return receipt
requested, has been given to the City; (2) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, (3) coverage shall
be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain
of coverage excess of the Consultant's scheduled underlying coverage and that
any insurance or self- insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it; (4) for general liability
insurance, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the services or
operations performed by or on behalf of the Consultant, including materials, parts
or equipment furnished in connection with such work; and (5) for automobile
liability, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Consultant or for which the Consultant is responsible.
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13.4. All insurance required by this Section shall contain standard
separation of insureds provisions and shall not contain any special limitations on
the scope of protection afforded to the City, its directors, officials, officers,
employees, agents, and volunteers.
13.5. Any deductibles or self - insured retentions shall be declared to and
approved by the City. Consultant guarantees that, at the option of the City,
either: (1) the insurer shall reduce or eliminate such deductibles or self- insured
retentions as respects the City, its directors, officials, officers, employees,
agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and
defense expenses.
14.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant and the City agree that the City, its employees, agents and
officials should, to the fullest extent permitted by law, be fully protected from any
loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees,
litigation costs, defense costs, court costs and /or any other cost arising out of or
in any way related to the performance of this Agreement. Accordingly, the
provisions of this indemnity provision are intended by the Parties to be
interpreted and construed to provide the fullest protection possible under the law
to the City and the Indemnitees. Consultant acknowledges that the CITY would
not have entered into this Agreement in the absence of the commitment of the
Consultant to indemnify and protect the City and the Indemnitees, as set forth in
this Agreement.
14.1 Indemnity for Design Professional Services and Other Professional
Services. To the fullest extent permitted by law, Consultant shall, at its sole cost
and expense, indemnify and hold harmless the City, its elected officials, officers,
attorneys, agents, employees, designated volunteers, successors, assigns and
those City agents serving as independent contractors in the role of City officials
(collectively " Indemnitees" in this Section 14.0), from and against any and all
damages, costs, expenses, liabilities, claims, demands, causes of action,
proceedings, judgments, penalties, liens, and losses of any nature whatsoever,
including fees of accountants and other professionals, and all costs associated
therewith, and reimbursement of attorneys' fees and costs of defense
(collectively "Claims "), whether actual, alleged or threatened, which arise out of,
pertain to, or relate to, In whole or In part, the negligence, recklessness or willful
misconduct of Consultant, and /or its officers, agents, servants, employees,
subcontractors, 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 § 2782.8(c), or In
the performance of other professional services under this Agreement. Any
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Claims arising out of design professional services shall be on a reimbursement
basis. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a),
in no event shall the cost to defend the Indemnitees that is charged to Consultant
exceed Consultant's proportionate percentage of fault.
14.2 Other Indemnities. Other than in the performance of professional
services, and to the fullest extent permitted by law, Consultant shall, at its sole
cost and expense, protect, defend, hold harmless and indemnify the Indemnitees
from and against any and all damages, costs, expenses, liabilities, claims,
demands, causes of action, proceedings, judgments, penalties, liens and losses
of any nature whatsoever, including fees of accountants, attorneys and other
professionals, and all costs associated therewith, and the payment of all
consequential damages (collectively "Damages "), in law or equity, whether
actual, alleged or threatened, which arise out of, pertain to, or relate to the acts
or omissions of Consultant, its officers, agents, servants, employees,
subcontractors, materialmen, suppliers, or 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 Damages 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
Damages 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 by the Indemnitees In connection
therewith.
14.3 Subcontractor Indemnification. Consultant shall obtain executed
indemnity agreements with provisions identical to those in this Section 14.0 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 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 or Damages 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.
14.4 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
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immunity under such statutes or laws as to the Indemnitees. Consultant's
indemnity obligation set forth in this Section 14.0 shall not be limited by the limits
of any policies of insurance required or provided by Consultant pursuant to this
Agreement.
14.5 Consultant's covenants under this Section 14.0 shall survive the
expiration or termination of this Agreement.
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 Workers' 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.
18.0 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.
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20.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
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. 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; Conflict of Interest
23.1. 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 manner with 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.
23.2. 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.
23.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non-
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Consultant, and that if any such interest comes to the knowledge of
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Consultant at any time during the term of this Agreement, Consultant shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this subsection.
24.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or In connection with this Agreement,
the prevailing party in such litigation 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 set forth 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 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or
she is duly authorized to execute this Agreement on behalf of said Party and that
by his or her execution, the Consultant is formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first
above written.
12 of 16
CITY OF SEAL BEACH
M
Attest:
Jill R. Ingram, City Manager
Robyn Roberts, City
Approved as to
91
City Attorney
CONSULTANT
B y: 0+1117 '�'/
Name: Ze-k, V'Q96 -Q-1
Its: Prs S t c4 evt%
By:
Name: 00%4 LOA&S
Its: qmc QQl"694
EXHIBIT B
AKM CONSULTING ENGINEERS
RATE SCHEDULE
Valid through December 31, 2018
Out of pocket expenses (blueprinting, reproduction and printing, delivery, etc.) will be
invoiced at cost plus 10 %. Subcontracted services will be marked up 10% in order to cover
costs associated with administration, coordination and management of subcontractors.
Mileage will be invoiced at $0.65 /mile. This schedule of rates is in effect until December
31, 2018, at which time it may be adjusted.
Rate
Principal
$215
Principal Engineer
$205
Project Manager
$205
Project Engineer
$195
Senior Construction Manager
$185
Senior Engineer
$185
Associate Engineer
$145
Financial Analyst
$120
Construction Manager
$155
Staff Engineer
$125
Senior Field Engineer / Inspector
$140
Field Engineer / inspector
$125
Assistant Engineer
$95
Senior Designer / Senior CADD Technician
$95
Designer / CADD Technician
$90
Engineering Technician
$85
Engineering Aide
$65
Data / Word Processing
$68
Office Support
$60
Out of pocket expenses (blueprinting, reproduction and printing, delivery, etc.) will be
invoiced at cost plus 10 %. Subcontracted services will be marked up 10% in order to cover
costs associated with administration, coordination and management of subcontractors.
Mileage will be invoiced at $0.65 /mile. This schedule of rates is in effect until December
31, 2018, at which time it may be adjusted.
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 for the work or craft in
which the worker 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
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specified 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 Code of Regulations, Title 8,
Section 200 et 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
with the provisions of California 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."
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12. For every subcontractor who will perform work on the project, Consultant shall be
responsible for such subcontractor's 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
subcontractor's 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.
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EXHIBIT A
v
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AKM Consulting Engineers
553 Wald
Irvine, CA 92618
Telephone: 949.753.7333 Facsimile: 949.753.7320
www.akmce.com
March 15, 2018
City of Seal Beach
2011 Eighth Street
Seal Beach, CA 90740
Attn: Mr. David Spitz, Associate Civil Engineer
Water Resources
Infrastructure
Construction Management
Subject: Proposal for Engineering Support Services; Pier Sewage Lift Station Construction i
Dear Mr. Spitz:
AKM is pleased to submit this proposal to provide engineering bid and construction support services for
the Pier Sewage Lift Station Project Our scope of services is as follows.
A. Bid Support
AKM will respond to questions and issue addenda as required during the bid period for the project.
B: Cons"ctlon!Support_ -- --
1. Shop Drawing Review - AKM will review and process shop drawings for equipment and
materials related to pump station construction. Our proposal includes reviews of 25 shop
drawing submittals.
2. Response to Requests for Information - AKM will respond to Contractor questions during the
construction period. The work will include written responses, and where necessary, plan
revisions, clarifying design intent, addressing omissions, or Contractor requested changes. A total
of 10 RFI responses are included in our proposal.
3. Site Visits /Construction Meeting Attendance - AKM will provide periodic site visits to monitor
construction progress and to attend construction meetings. A total of 5 site visits are included in
our proposal.
4. Start-Up Assistance - AKM will monitor lift station start-up activities and verify that the lift
station installation and operation complies with the project plans and specifications.
C. Post Construction !Support -(9s= ButlE,Drawlugs) `
AKM will prepare as -built drawings for the project based upon the Contractor's and Inspector's red
lined construction notes. The corrections will be made electronically and the drawings replotted on
mylar. Both revised mylar drawings and electronic files of the as- builts will be furnished to the City.
To complete the above described scope of services, we estimate a budget of $26,060 will be required. The
work will be performed on a time and material basis, in accordance with AKM's established billing rates
(attached). AKM will not exceed the authorized budget without written approval from the City. A
breakdown of the fee estimate for the project, including manhours, is as follows:
AKM Propota.1,18.1028
We appreciate the opportunity to submit this proposal, and look forward to being of service to the city
of Seal Beach. Should you have any questions regarding our proposal or require additional information,
please feel free to contact us at your convenience.
Very truly yours,
Loague, P
AKM Proposal, l8 -1028
Engineer
$205 /hr
CADD
$90 /hr
Clerical
$60 /hr
Total Hours
Total Cost
Bid Support
4
2
2
8
$1,120
Construction Support
Shop Drawings
50
8
58
$10,730
RFI Response
20
8
8
36
$5,300
Site Visits
20
20
$4,100
Start -up Assistance
12
12
$2,460
As -Built Drawings
2
16
18
$1,850
Subtotal
108
26
18
152
$25,560
Expenses
$500
Total Cost
$26,060
We appreciate the opportunity to submit this proposal, and look forward to being of service to the city
of Seal Beach. Should you have any questions regarding our proposal or require additional information,
please feel free to contact us at your convenience.
Very truly yours,
Loague, P
AKM Proposal, l8 -1028
EXHIBIT B
AKM CONSULTING ENGINEERS
RATE SCHEDULE
Out of pocket expenses (blueprinting, reproduction and printing, delivery, etc.) will be invoiced at cost
plus 10 %. Subcontracted services will be marked up 10% in order to cover costs associated with
administration, coordination and management of subcontractors. Mileage will be invoiced at
$0.65 /mile. This schedule of rates is in effect until December 31, 2018, at which time it may be
adjusted.
AKM Proposa.L18.1028 3
2018
Principal
$205
Principal Engineer
$205
Project Manager
$190
Project Engineer
$185
Senior Construction Manager
$175
Senior Engineer
$175
Associate Engineer
$135
Financial Analyst
$100
Construction Manager
$150
Staff Engineer
$120
Senior Field Engineer/ Inspector
$130
Field Engineer/ Inspector
$120
Assistant Engineer
$87
Senior Designer / Senior CADD Technician
$90
Designer / CADD Technician
$85
Administrative Support
$75
Engineering Aide
$55
Data / Word Processing
$66
Office support
$60
Out of pocket expenses (blueprinting, reproduction and printing, delivery, etc.) will be invoiced at cost
plus 10 %. Subcontracted services will be marked up 10% in order to cover costs associated with
administration, coordination and management of subcontractors. Mileage will be invoiced at
$0.65 /mile. This schedule of rates is in effect until December 31, 2018, at which time it may be
adjusted.
AKM Proposa.L18.1028 3