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HomeMy WebLinkAboutAGMT - AKM Consulting Engineers (On-Call) . ,.p,,, r cc ccan oa /ia / • ('4.4 t - L tQ a &t& / NL oCn - PROFESSIONAL SERVICES AGREEMENT between ,F SEAre, �� s'. !9E i ° \roe , �. . City of Seal Beach 211 8 Street Seal Beach CA 90740 (hereinafter "City ") AKM Consulting Engineers. 101 Pacifica, Suite 150 Irvine CA 92618 (hereinafter "Consultant ") for PROFESSIONAL SERVICES On -Call Engineering /Design Services for Sewer, Water, and Storm Drains • 4111 • PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into this day of , , by and between the CITY OF SEAL BEACH (hereinafter called "City "), and , (hereinafter called "Consultant "). RECITALS WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State of California as a Charter City, with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City; and WHEREAS, the City requires the services of a Consultant to provide the professional services as described in the Scope of Services; WHEREAS, the Consultant is able and willing to perform the required services under the terms and conditions of this Contract; NOW, THEREFORE, the parties do mutually agree as follows: SECTION 101 101.1 CONSULTANT SERVICES. Consultant, as an independent contractor, agrees to perform during the term of this Agreement, each and every service set forth on the "Scope of Services" attached to this Agreement as Exhibit "A ". The initiation of service by the Consultant will commence upon receipt of a written notice from the Designated Official authorizing Consultant to proceed, and only to the extent of such authorization. The services of the consultant shall include the making of all investigations, studies, and analysis required by the conditions involved in each request of the Designated Official. 101.2 TIME OF PERFORMANCE. Consultant shall complete all services set forth in "Schedule ", Exhibit C, Schedule. The foregoing time schedule may be modified by the mutual written consent of the parties hereto. 101.3 COMPENSATION. The City will pay for the services of Consultant as indicated on the "Schedule of Compensation" which is set forth in Exhibit `B ". No payment for expenses or labor shall be paid by City unless it is related to a service which is referred to in the "Schedule of Compensation ". The total cost to the City shall not exceed the amount designated in Exhibit `B ", without the written approval and authorization of the City Council. 101.4 PAYMENT. The City will pay for services of the Consultant through monthly invoices according to the progress payments schedule established in the Schedule of Compensation. • • City's payment to Consultant shall be made within thirty (30) days of the date the invoice was received. 101.5 INDEPENDENT CONTRACTOR. Consultant and . its subcontractor(s) shall act hereunder as independent contractors, and shall have no power to incur any debt or obligation for City. Neither City or any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees or subcontractor, except as herein set forth, and Consultant expressly warrants no to, at any time or in any manner, represent that it, or any of its agents, servants, subcontractors or employees, are in any manner agents, servants or employees of City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly independent contractor and Consultant's obligations to City are solely such as are prescribed by this Agreement. 101.6 ASSIGNMENT. This Agreement may not be assigned in whole or in part, without the prior written consent of City. 101.7 DOCUMENT OWNERSHIP. Each and every report, draft, instrument of service, map, record, and other document reproduced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City. City acknowledges and agrees that all reports, drafts, instruments of service, maps, records, and other documents prepared by Consultant pursuant to this Agreement shall be used exclusively on this project and shall not be used for any other work without the written consent of Consultant. In the event City and Consultant consent permit the reuse or other use of the reports, drafts, instruments of service, maps, records, and other documents, City shall require the party using them to indemnify and hold harmless City and Consultant regarding such reuse or other use, and City shall require the party using them to eliminate any and all references to Consultant from the reports, drafts, instruments of service, maps, records, and other documents. This paragraph shall not restrict the duties of the City under the public records act. 101.8 CITY LIASON. Consultant shall perform under the general supervision of the Director of Public Works of City or his designee, and all communications, instructions and directions on the part of the City shall be communicated exclusively through the Director of Public Works or his designee. 101.9 PERSONNEL. Consultant represents that it has, or shall secure at its own expense, all personnel required to perform Consultant's services under this Agreement. Consultant may associate or employ associates or subcontractors in the performance of it services under this agreement, but all times shall be responsible for the completion of their services. 101.10 INSURANCE Consultant shall procure and maintain for the duration of this Agreement the following policies of insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work performed hereunder by Consultant, its agents, representatives or employees. Such policies of insurance shall be placed 2 with insurers admitted to do business in California with a current A.M. Best's rating of A: VII or better, unless an otherwise acceptable insurer is approved in writing, and in advance, by the City. 101.10.1. Scope and Limits of Coverage At a minimum, the policies of insurance required hereunder shall meet the following specifications: 1. A policy or policies of Commercial General Liability insurance with minimum limits of one million dollars ($1,000,000) per occurrence for any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement. Such coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Commercial General Liability Insurance or other form with a general aggregate is used, either the general aggregate limit shall apply separately to the services performed under this Agreement, or the general aggregate limit shall be twice the required occurrence limit. 2. A policy or policies of Automobile Liability insurance with a minimum limit of one million dollars ($1,000,000) per accident for bodily injury and property damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement. Such coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 (any auto). 3. Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance with a minimum policy limit of one million dollars ($1,000,000) per accident for bodily injury and disease. Such policies of insurance shall cover all persons who provide services on behalf of Consultant. 4. A policy or policies of Errors and Omissions professional liability insurance appropriate to Consultant's profession and approved in writing and in advance by the City. Such policy or policies of insurance shall carry a minimum limit of one million dollars ($1,000,000) per occurrence. 101.10.2 Other Insurance Provisions: All such policies of insurance shall, where applicable, contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers shall be covered as insureds with respect to liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant, premises owned, occupied, or used by Consultant; and automobiles owned, leased, hired, or borrowed by Consultant. The policy or policies of insurance shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. For any claims related to this Agreement, Consultant's insurance shall be primary insurance with respect to the City, its officers, officials, employees, agents and volunteers. Any 3 • • insurance or self - insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Consultant's insurance and shall not contribute with Consultant's coverage. 3. 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 officers, officials, employees, agents or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each policy of insurance required by this Agreement shall be endorsed to state that coverage shall not be suspended, non - renewed, voided, canceled by either party, reduced in coverage or in limits, or otherwise modified (except through the addition of additional insureds to the policy) except after thirty (30) days written notice to the City by certified mail, return receipt requested. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage without having first obtained replacement insurance that complies with the requirements of this Agreement. 6. The insurer shall waive all rights of subrogation against the City, its officers, officials, employees, agents, contractors, subcontractors and volunteers. 7. Consultant shall pay all insurance premiums when due, at Consultant's sole expense. Consultant shall not be entitled to any reimbursement of insurance premiums as a reimbursable expense under this Agreement. 101.10.3 Verification of Coverage Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) original insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement ", or a substantially similar form acceptable to the City Attorney. Endorsements shall be signed by a person authorized by that insurer to bind coverage on its behalf. Consultant's failure to comply with this requirement shall constitute a material breach of this Agreement, for which City shall be entitled to seek all available legal remedies including, without limitation, recision of this Agreement. The City shall not be required to compensate Consultant for any services performed prior to the date certificates of insurance and endorsements are presented to the City unless the City shall have first issued a written notice to Consultant to proceed notwithstanding the requirements of this Agreement. 101.10.4 Deductibles and Self Insured Retention Any deductibles or self - insured retention must be declared to and approved by the City prior to the commencement of work hereunder. At the sole option of the City, the insurer may be required to reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees, agents and 4 • volunteers. Alternatively, the City may require Consultant to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 101.10.4 Subcontractors. Consultant shall include all subcontractors as insureds under its policies, or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 101.11 NOT USED 101.12 INDEMNIFICATION. CONSULTANT and CITY agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs 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. CONSULTANT acknowledges that CITY would not have entered into this Agreement in the absence of the commitment of CONSULTANT to indemnify and protect CITY as set forth here. A. To the full extent permitted by law, CONSULTANT shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, actual attorneys fees incurred by CITY, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. All obligations under this provision are to be paid by CONSULTANT as they are incurred by the CITY. CITY shall select counsel of its own choice to defend it in any action brought in connection with the Agreement. CONSULTANT shall pay all legal fees and costs incurred in connection with the City's defense. B. Without affecting the rights of CITY under any provision of this agreement or this section, CONSULTANT shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable to the sole fault of CITY, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the CITY is shown to have been solely at fault and not in instances where CONSULTANT is solely or partially at fault or in instances where CITY's fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONSULTANT will be all- inclusive and CITY will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the CITY. C. CONSULTANT acknowledges that its obligation pursuant to this section extends to liability attributable to CITY, if that liability is other than the sole fault of CITY. CONSULTANT has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of CITY. D. The obligations of CONSULTANT under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. 5 • • CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY, its employees, agents and officials. 101.13 TERMINATION OF AGREEMENT. This Agreement may be terminated without cause by City upon ten (10) days' written notice to the Consultant without further action by the City. This Agreement may be terminated by the Consultant upon thirty (30) days' written notice to the City. In the event the City terminates this Agreement as provided above, Consultant shall terminate work at the earliest possible point, and complete all attendant reports and /or graphic representations, conceptual plans, construction plan, or construction specifications. The City shall compensate the Consultant proportionately for work, provided such work is in a form useable to the City. Notice. Any notice required to be given to the Consulant shall be deemed duly and properly given upon mailing, postage prepaid, to: AKM Consulting Engineers 101 Pacifica, Suite 150 Irvine CA 92618 or personally delivered to Consultant at such address or other address specified to the City in writing by Consultant. Any notice required to be given to the City shall be deemed duly and properly given upon mailing, postage prepaid, to: Attn: Director of Public Works City of Seal Beach 211 Eighth Street Seal Beach CA 90740 or personally delivered to City at such address or address •specified to the Consultant in writing by the City. 101.14 STANDARD OF PERFORMANCE. The Consultant shall perform and require its Subcontractors to perform the Services in accordance with the requirements of this Agreement and in accordance with professional standards of skill, care and diligence adhered to by firms recognized for their expertise, experience and knowledge in performing services of a similar nature. The Consultant shall be responsible for the professional quality, technical accuracy, completeness, and coordination of the Services, it being understood that the City will be relying upon such professional quality, accuracy, completeness, and coordination in utilizing the Services. The foregoing obligations and standards shall constitute the "Standards of Performance" for the purposes of this Contract. 6 The Consultant shall carefully study this Contract, shall verify all figures in these Contract Documents before performing the Services; shall promptly notify the City of all errors, inconsistencies, and /or omissions that it discovers; and, in instances where such non - conformities are discovered, shall obtain specific instructions in writing from the City before Consultant's proceeding with the Services. Any Services affected which are performed prior to the City's decision shall be at the Consultant's risk. The Consultant shall not take advantage of any apparent non - conformity that may be found in this Contract. The City shall be entitled to make such corrections therein and interpretations thereof as it may deem necessary for the fulfillment of the intent of this Contract. Omissions or misdescriptions of any Services that are manifestly necessary to carry out the intent of this Contract, or that are customarily performed, shall not relieve the Consultant from performing such Services at no additional expense and /or delay, and such Services shall be performed as if fully and correctly set forth in this Contract. 101.15 WARRANTY. The Consultant warrants that all Services shall be in accordance with this Contract and shall comply with the Standard of Performance for a period of one year from final acceptance of the Services. In the event of breach of this warranty, the Consultant shall take the necessary actions to correct the breach and the consequences thereof, at the Consultant's sole expense, in the most expeditious manner as permitted by existing circumstances. If the Consultant does not promptly take steps to correct the breach upon notification thereof by the City, the City without waiving any other rights or remedies it may have at law or otherwise, may do or cause others to do so, and the Consultant shall promptly reimburse the City for all expenses and costs incurred in connection therewith. 101.16 DATA AND SERVICES TO BE FURNISHED BY CITY. Consultant shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services; and Consultant shall upon completion of all work, submit to the City all information developed in the course of the Consultant's services. Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of services required under this Agreement. Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City. 101.17 CONFIDENTIALITY. Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to consultant by the City or other information to which the consultant has had access during the term of this agreement without the prior written approval of the designated Official during the term of this Agreement and for a period of two (2) years after the termination of this agreement. 101.18 RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City or the Designated Official. The Consultant shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide access to the Designated Official or his designees at all proper times to 7 • • such books and records, and gives the Designated Official or his designees the right to examine and audit such books and records and to make transcripts as necessary, and to allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. 101.19 ASSIGNMENT. This agreement is personal to the Consultant and the Consultant's Representative. Any attempt at assignment by the Consultant shall be void unless approved in writing by the Designated Official. Consultant's services pursuant to this Agreement shall be provided by the Consultant's Representative or directly under the supervision of the Consultant's Representative and Consultant shall not assign another to supervise the Consultant's performance of this Agreement without the prior written approval of the City, by and through the designated Official. 101.20 SAFETY REQUIREMENT. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL -OSHA. The City reserves the right to issue restraint or cease and desist orders to the Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this agreement. The Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Any hazardous condition noted by the Consultant which is not the result of his operations shall be immediately reported to the City. 101.21 NUISANCE. Consultant shall not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement, 101.22 PERMITS AND LICENSES. Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 101.23 CONFLICT OF INTEREST. Consultant covenants that neither consultant, nor any officer thereof, has any interest, nor shall they acquire any interest, directly or indirectly which will conflict with in any manner or degree with the performance of the Consultant services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by Consultant. Consultant further covenants that Consultant has not contracted with nor is the Consultant performing any services directly or indirectly, with any developer and /or property owners and /or firms, and /or partnerships owning property in the City, and further covenants and agrees that Consultant and /or its subcontractors shall provide no service or enter into any contact with the Developer and/or property owner and /or firms, and/or partnerships owning property in the City prior to the completion of this Agreement. 101.24 WAIVER. A waiver by the City of any breach of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement whether of the same or different character. 8 • • 101.25 COST OF LITIGATION. If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of any alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 101.26 SEVERABILITY. If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the reminding portions or provisions shall not be affected by such holding. 101.27 INTEGRATED CONTRACT. This Agreement represents the entire Agreement between the City and the Consultant and all preliminary negotiations and agreements are deemed a part of this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. In the event of any inconsistency between the provisions of this Agreement and any attached Consultant's proposal, the provisions of this agreement shall control. 101.28 CHOICE OF LAW . The terms of this Agreement shall be interpreted according to the laws of the State of California. 9 • • In recognition of the obligations stated m this Agreement, the parties have executed this Agreement on the date indicated above. CONSULTANT: 1Y: By: , . . is By: r r Name: Z kp, n Nam/ John B Bahorski Title: y � t i er , 1 Title: City Manager Attes Approved as to form: By: By: Name: �\o•ka Name: Title: TR- vn Title: 10 • . EXHIBIT A SCOPE OF WORK 11 . • • 200 GENERAL REQUIREMENTS FOR THE SCOPE OF WORK 200.1 EXAMINATION OF RFP /RFQ DOCUMENTS: The Consultant shall be solely responsible for examining the City's RFP /RFQ documents, including any addenda issued, and for informing itself with respect to any and all conditions which may in any way affect the amount or nature of the proposal, or the performance of the Services in the event the Consultant is selected. No relief for error or omission will be given. 200.3 E MAIL: The Consultant shall supply and maintain individual Internet E — mail addresses for each of the project managers and principals involved in the project and other consultant personnel as the City deems necessary. 200.4 INVOICES: The Consultant shall submit not more than one invoice a month and shall obtain a copy of the accounts payable schedule. The invoice will be in a format that is acceptable to City Engineering Staff and shall detail individual personnel who worked on the project, specific tasks performed, hours worked, billing rate, total costs, and previous billing history, percentage of work completed, percentage of dollars spent. The Consultant shall prepare invoices that show costs against each major milestone task. The Consultant shall notify the City when the cumulative compensation payable under this Contract has reached 75% of the Contract not to exceed price. If at any time the Consultant has reason to believe that the total cost to the Authority for the performance of this Contract will be greater or substantially less that the Contract not to exceed price, the Consultant shall notify the Consultant in writing to that effect and give its revised estimate of the total cost for the performance of this Contract. The notice shall state the estimated amount of additional funds required to continue performance for the remainder of the contract term. In no event is the Consultant authorized to exceed the "not to exceed price" without prior written approval from the City. 200.5 COMPUTER FILES: The Consultant shall supply the City with a digital and editable copy of all files that are included in the hard copy of the report. The Consultant shall use or transfer into the following formats: Word Processing: Microsoft Word 97, Spreadsheets: Excel 97, Databases: Filemaker Pro, Microsoft Access, GIS: ArcView, Drawings: Autocad 14. All final plans shall be submitted also on CD readable by City computers. If the Consultant wishes to use another program that would increase productivity, the Consultant will provide the City a licensed copy or transfer into a format that is acceptable to City Engineering Staff. All digital files shall be submitted on a "zip disk." The City shall have the right to use, duplicate, modify or disclose the technical data and the information contained 200.6 KEY PERSONNEL: The Consultant shall not reassign any personnel mentioned in the RFQ /Interview process unless under extraordinary circumstances. The 12 - • • Consultant shall secure the prior written approval the City for any change or reassignment of the key personnel, submitting written documentation of the new individual's qualification. The Consultant's project manager shall supervise and direct the services, and have overall responsibility for the services in accordance with the Consultant agreement and Scope of Work. The Consultant shall be solely responsible for implementation of all services, means, methods, techniques, sequences, and procedures and for coordination of all portions of the services. All workers shall have sufficient skill and experience to perform the work assigned to them. The City shall have the right, in its absolute discretion to require the removal of the Consultant's personnel at any level assigned to the performance of the Services at no additional fee to the City, if the City considers such removal necessary and in its best interest and request such removal in writing. Further, an employee who is dismissed for any of the above reasons shall not be re- employed on this Contract. 200.7 UNAUTHORIZED WORK: Any services not required by the terms of the final scope of work or proposal that are performed without written authority from the City, will be considered as unauthorized and at the sole expense of the Consultant. Services so performed will not be paid for, and no extension in the period of performance shall be granted on account thereof. 200.8 AUDITS: The Consultant shall keep and maintain full and complete records and books of account of its costs and expenses relating to the performance of the Services, in accordance with generally accepted accounting practices. Such records and accounts shall permit the Consultant to furnish the City, upon written notice, an accurate written allocation of the costs to the various elements of the Services, as may be required by the Authority. Upon reasonable advance written notice the City or its representatives shall have the right to examine, any books, records, accounts, and other documents of the Contractor directly pertaining to costs when such costs are the basis of a claim or of reimbursement to the Consultant hereunder. The Consultant will make reasonable efforts to assure that the any such representative is not a competitor of the Contractor to which the disclosure of such cost information would have a detrimental effect on the Consultant's business. The Consultant shall keep and preserve all such books, records, accounts, and other documents for a period of at least three years from after completion of the Services after Final Payment or if this Contract is terminated in whole or in part after the final termination agreement. 200.9 CONSULTANT'S INTERACTION WITH MEDIA AND THE PUBLIC: The Consultant shall refer all inquiries from the news media to the City. If the Consultant receives a complaint from a citizen or the community, the Consultant shall inform the City what action was taken to alleviate the situation. 13 •.... : ' ' • • 200.10 SUBCONTRACTORS /SUBCONSULTANT: The City reserves the right of prior approval of all subcontractors and retains the right to request the Consultant to terminate any subcontractor, for any reason appropriate by the City, by so notifying the Consultant in writing. Should said notification be submitted to the Consultant, it shall terminate said subcontractor immediately. The City shall have no liability to any subcontractor(s) for payment for services under this Contract or other work performed for Contractor. Any subcontract entered into by Consultant under the contract shall duly note that the responsibility for payment for the technical services or any other services performed shall be the sole responsibility of the Consultant. 200.11 DIRECT EXPENSES: It is expected that the Consultant has extensive knowledge and experience performing this type of work. The Consultant shall prepare a not to exceed budget for direct expenses and breakdown costs for services such as copying, blue prints, computer time, reproduction, delivery, and any other foreseeable expense not covered in the Consultant's hourly rates. Therefore, the Consultant shall receive no additional compensation beyond that which is detailed in their budget. The City will not pay for mileage charges. 200.12 INSURANCE: The Consultant shall obtain a minimum of $1,000,000 worth of professional error and omissions insurance prior to entering into an agreement with the City. The insurance requirement is non - negotiable. 200.13 RETENTION FOR CALTRANS: Not Used. • 14 • • 201 SPECIFIC REQUIREMENTS FOR THE SCOPE OF WORK The Consultant shall provide the following services on an on call basis to the City of Seal Beach: • Engineering Design for Sewer, Water, Storm Drain and other public works projects. • Construction Support/Shop Drawing Review • Attend Meetings upon request of the Director of Public Works • Developer Plan Check Services Prior to starting any work, the consultant shall submit a detailed task order scope, fee propsal, schedule, and overall project estimate. No work shall begin until written approval by the Engineering Division. All work must be within the budgetary limits established in the project. 15 . . EXHIBIT B Schedule of Compensation • • SCHEDULE OF COMPENSATION Hourly Rates not to Exceed without further authorization the budgetary estimates for any Project requested by the Engineering Division. Scope and number of hours to be upon mutual agreement of the Engineering Division and the Consultant AKM CONSULTING ENGINEERS Schedule of Hourly Rates Labor Classification Hourly Rate 1. Principal 135.00 2. Senior Associate 113.00 3. Principal Engineer 113.00 4. Project Engineer 110.00 5. Senior Engineer 110.00 6. Associate 105.00 7. Associate Engineer 82.00 8. Assistant Engineer 66.00 9. Senior Designer /Senior CADD Technician 66.00 10. Designer /CADD Technician 63.00 11. Senior Draftsman 55.00 12. Draftsman 49.00 13. Engineering Aide 40.00 14. Data or Word Processing 50.00 15. Office Support 40.00 Out of pocket expenses (blueprinting, reproduction and printing, delivery, etc.) will be invoiced at cost plus 15 %. Subcontracted services will be marked up 15% in order to cover costs associated with administration, coordination and management of subcontractors. This schedule of rates may revised upon approval by the Director of Public Works. 17 • EXHIBIT C Schedule SCHEDULE The Consultant will provide a detailed schedule for each task order. No work shall be authorized unless the Engineering Division has first approved the schedule. The schedule must show the dates of the expected start and completion of the various items of the Contract work. It shall be in sufficient detail to show the chronological relationship of all activities of the project including, but not limited to, estimated starting and completion dates of various activities, critical path, review times. 19