HomeMy WebLinkAboutCC AG PKT 2006-09-11 #K
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AGENDA REPORT
DATE:
September 11, 2006
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
EROM: Mark K. Vukojevic, P.E. Director of Public Works/City Engineer
SUBJECT: A WARD PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL LANDSCAPE ARCmTECTURE
.. SERVICES
SUMMARY OF REQUEST
The proposed action will authorize City Manager to execute an agreement with David V olz
Design, to perform on-call professional services as needed for landscape architecture
services.
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DISCUSSION:
David V 012 Design, was selected by City staff as the most qualified firm to develop plans
that will improve Bluebell Park cognizant of the safety for motorists, drainage challenges,
and aesthetic requirements specific to the area.
This contract will enter the City into agreement with David V olz Design, to perform design
and engineering services on an "on-call" basis. The benefits of retaining a private firm
include the augmentation of services currently provided by the Department of Public Works
and to enable City staff to focus on core Public WorkslEngineering needs.
Historically, the Public Works Department entered into professional services agreements
with consulting civil engineering finns for general and specific engineering support of the
Department and the Capital Jmprovement Program. The long term agreements have
benefited the City by maintaining expert resources on-call on an as needed basis. These
resources have come highly qualified and reco=ended from other agencies. The firms
become very familiar with the City's unique infrastructure that results in cost savings
because of reduced learning curves. The process also saves administrative costs for
preparing and evaluating requests for qualifications and proposals for every project.
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To date, the City has retained i:i1dividual on-call contracts for Public Works, utilities
engineering, project management, construction management, traffic engineering, street and
highway engineering, coastal engineering, and facilities engineering. Prior to starting any
work, the consultant will submit a detailed task order scope, schedule, and overall project
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estimate as well as a not to exceed cost. No work begins until evaluation and written
approval by the Director of Public Works. As needed, the Department prepares and invites
other firms to propose on projects.
FISCAL IMPACT:
There is no General Fund fiscal impact associated with this action. Any costs associated
with the agreement would be incorporated with the project.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an
agreement with David Volz Design, to perform on-call professional services as needed for
landscape architecture.
Prepared By:
Sean Crumby, P.E.
Deputy City Engineer
Concur:
Max?lim"tC, P~~.
Director of Public Works/City Engineer
hment: Professional Services Agreem~nt
Resolution
AGENDA ITBM---<
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RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY
OF SEAL BEACH AND DAVID VOLZ DESIGN FOR ON-CALL LANDSCAPE
ARCmTECTURE SERVICES
The City Council of the City of Seal Beach hereby resolves as follows:
SECTION I. The City Council hereby approves the Professional Services Agreement
between the City of Seal Beach and David V olz Design for on-call Landscape Architecture
Services.
SECTION 2. The Council hereby directs the City Manager to execute 'the Professional
Services Agreement with David Volz Design.
PASSED, APPROVED AND ADDOPTED by the City Council of the City of Seal Beach this
day of 2006 by the following vote:
AYES:
Council Members
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NOES: Council Members
ABSENT: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
!, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the
foregoing Resolution is the original copy of Resolution Number on file in the office of
the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at
a meeting thereofbeld on the day of .2006.
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AGREEMENT FOR ON-CALL ENGINEERING CONTRACT
SERVICES
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TInS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered
into as of _ day of _' 2006 by and between the CITY OF SEAL BEACH, a municipal
corporation ("City") and David Volz Design. ("Consultant").
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide on-call
Landscape Architecture Services and
WHEREAS, Consultant represents that it has the expertise and experience to provide
such services; .
NOW THEREFORE, and for good consideration, the City and Consnltant agree as
follows:
1. Location of Subieet Proiect/Studies, Bluebell Park Improvements
2. Descrintion of Services to be Provided, Consultant shall perfrom on-call Landscape
Architecture Services as described in Proposal of Services (enclosed)
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3.
Term, Unless terminated earlier as set forth in this Agreement, the services shall
commence on Oct. 30,2006 ("Commencement Date")
4. Pam Renresentatives,
The City designates Sean Crumby, P.E., Deputy City Engineer to act on City's behalf.
The Consultant designates the David Volz, LA., Principal/Landscape Architect to act on
Consultant's behalf:
5. Enclosure. This Agreement incorporates by reference the following Attachments to
this Agreement:
Attachment I: Scope of Work
.Attachment 2: Fee Schedule
6,
Intel!ration, This Agreement represents the entire understanding of City and
Consultant as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with regard to those matters covered by
this Agreement. This Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement. This Agreement may only
be amended by the mutual consent of the parties by an instrument in writing.
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Standard of Performance. Consultant agrees that all services shall be performed in a
competent, professional, and satisfactory manner in accordance with the standards
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Standard of Performance. Consultant agrees that all services shall be performed in a
competent, professional, and satisfactory manner in accordance with the standards
prevalent in the industry, and that all goods, materials, equipment or personal property
included within the services herein shall be of good quality, fit for the purpose
intended.
8. Performance to Satisfaction of City. Consultant agrees to perform all work to the
satisfaction of City within the time specified. If Consultant's work is not satisfactory
in the opinion of City's designated representative, City has the right to take appropriate
action, including but not limited to any or all of the following: (i) meeting with
Consultant to review the quality of the work and resolve matters of concern; (ii)
requiring Consultant to repeat or correct the work at no additional fee until it is
satisfactory; (iii) suspending the delivery of new or additional work to Consultant for
an indefinite time; (iv) withholding payment; and (v) terminating this Agreement as
hereinafter set forth. City's options set forth herein are non-exclusive, and are in
addition to any remedy available at law to City.
9.
Prohibition Ae:ainst Subcontractine: or Assie:nment. Consultant shall not contract
with any other entity to perform in whole or in part the services required hereunder
without the prior express written approval of City. In addition, neither the Agreement
nor any interest herein may be transferred, assigned, conveyed, hypothecated, or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or
otherwise, without the prior written approval of City. In the event of any unapproved
transfer, including in any bankruptcy proceeding, City may void the Agreement at
City's option in its sole and absolute discretion. No approved transfer shall release any
surety of Consultant of any liability hereunder without the express consent of City.
10. Comnensanon. Consultant shall be compensated on a time and material basis per the
attached Schedule 2. In no event shall compensation exceed the approved task order
limit set by the Director of Public Works.
11. Insurance. Consultant shall have insurance as follows:
11.1 General Liabilitv (including premises and operations, contractual liability,
personal injury, independent contractors liability): One Million Dollars
($1,000,000.00) Single Limit, per occurrence. If commercial general liability
insurance or other form with a gene!Bl aggregate limit is used, either the general
aggregate shall apply separately to this project, or the general aggregate limit shall be
three times the occurrence limit.
11.2 Automobile Liabilitv (including owned, non-owned, and hired autos): One
Million Dollars ($1,000,000.00), Single limit, per occurrence for bodily injury and
property damage.
11.3 Emolover's Liabilitv One Million Dollars ($1,000,000.00) per occurrence for
injuries incurred in providing services under this Agreement (if Consultant is
required to have per the laws of California).
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11.4 Workers Comoensation Consultant shall, to the extent required by state law,
provide Employee's Insurance Workers' Compensation Insurance for the
protection of Consultant's employees. Consultant shall file a certificate of
insurance which evidences that Consultant is in compliance with said Worker's
Compensation Insurance requirement. Consultant shall require all subcontractors
similarly to provide such Workers' Compensation Insurance and certificates of
insurance for their respective employees.
11.5 Professional Liabilitv Insurance Consultant shall have errors and omission
insurance in the amount of $1 ,000,000.
11.6 General Requirements. All of Consultant's and its sub-contractor's policies of
insurance shall:
. A. Name City, its officers, officials, employees, agents,
representatives and volunteers (collectively hereinafter "City and City
Personnel") as additional insureds and contain no special limitations on the
scope of protection afforded to City and City Personnel;
B. Be primary insurance and shall provide that any insurance or
self-insurance maintained by City or City Personnel shall be in excess of
Consultant's insurance and shall not contribute with it;
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C. Be "occurrence" rather than "claims made" insurance;
D. 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;
E. Be endorsed to state that the insurer shall waive all rights of
subrogation against City and City Personnel; and
F. Be written by good and solvent insurer(s) admitted to do
business in the State of California and acceptable to City.
11.7 Deductibles. Any deductibles or self-insured retentions must be declared
to and approved by City prior to the execution of this Agreement by City.
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n.8 Notice of Poliey Chane:es. Each such insurance policy shall be endorsed
to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or
in limits, non-renewed, or materially changed for any reason, without thirty (30) days
prior written notice thereof given by the insurer to City by U.S. mail, certified, or by
personal delivery. In addition to such notice provided to City by the insurer,
Consultant shall also provide City with thirty (30) days prior written notice, by
certified mail, return receipt requested, of the suspension, voiding, cancellation,
reduction in coverage or in limits, non-renewal, or material change for any reason, of
any such insurance policy or policies.
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11.9 Evidence of Coverae:e. Consultant shall furnish City with certificates of
insurance demonstrating the coverage required by this Agreement which shall be
received and approved by City not less than five (5) working days before work
commences. The duplicate originals and original endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf. The procuring of such insurance or the delivery of duplicate originals and
endorsements evidencing the same shall not be construed as a limitation on
Consultant's obligation to indemnify City and City Personnel.
12.
Indemnification. Consultant Shall indemnify, defend, and hold City and City
Personnel harmless from and against any and all actions, claims, dernands, judgments,
attomey's fees, costs, damage to persons or property, penalties, obligations, expenses
or liabilities that may be asserted or claimed by any person or entity arising out of the
negligent acts, errors, or omissions of Consultant, its employees, agents,
representatives or subcontractors in the performance of any tasks or services for or on
behalf of City, whether or not there is concurrent active or passive negligence on the
part of City and/or City Personnel; provided, however, that the Consultant shall not be
required to indemnify, defend or hold harmless City or City Personnel against claims
arising from the sole active negligence or willful misconduct of City or City Personnel.
In connection therewith:
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12.1 Consultant shall defend, with Counsel acceptable to City, any action or
actions filed in connection with any such claimed damage, injury, penalty, obligation
or liability, and shall pay all costs and expenses, including attorney's fees, incurred
therewith.
12.2 In the event City and/or any City Personnel is made a party to any action
or proceeding filed or prosecuted for any such claimed damage, injury, penalty,
obligation or liability, Consultant shall defend City and pay to City any and all costs
and expenses incurred by City in such action or proceeding, together with actual
attorney's fees and expert witness fees.
13. Comnliance with Laws. The Consultant shall put forth reasonable professional efforts
to comply with applicable laws, codes and regulations in effect as of the date of the
execution of this Agreement. Materially increased or duplicative setvices occasioned
by design changes made necessary by newly enacted laws, codes and regulations after
this date shall entitle the consultant to a reasonable adjustment in the schedule and
additional compensation commensurate with any agreed-upon modification in the
Scope of Work provisions of this Agreement.
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14. Independent Contractor. . Contractor shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly
independent contractor. City shall not in any way or for any purpose become or be
deemed to be a partner or employer of Contractor in its business or otherwise, or a
joint venturer, or a member of any joint enterprise with Contractor. Contractor shall
not at any time or in any manner represent that it or any of its agents or employees are
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agents or employees of City. Neither Contractor nor any of Contractor's employees
shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or
other fringe benefits from City; and neither Contractor nor any of its employees shall
be paid by City any wage or overtime benefit. City is under no obligation to withhold
State and Federal tax deductions from Contractor's compensation. Neither Contractor
nor any of Contractor's employees shall be included in the competitive service, have
any property right to any position, or any of the rights a City employee might
otherwise have in the event oftermination of employment.
15.
Covenant Ae:ainst Discrimination. Consultant covenants for itself, its heirs,
executors, assigns, and lrll persons claiming under or through it, that there shall be no
discrimination against any person on account of race, color, creed, relation, sex,
marital status, national origin, or ancestry, in the performance of this Agreement.
Consultant further covenants and agrees to comply with the terms of the Americans
with D~sabilities Act of 1990 (42 U.S.C. ~121Ol et sea.) as the same may be amended
from time to time.
16.
Termination Bv City. City reserves the right to terminate this Agreement at any time,
with or without cause, upon written notice to Consultant. Upon receipt of any notice
of termination from City, Consultant shall immediately cease all services hereunder
except such as may be specifically approved in writing by City. Consultant shall be
entitled to compensation for all services rendered prior to receipt of City's notice of
termination and for any services authorized in writing by City thereafter.
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17. Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as
a waiver. A party's consent to or approval of any act by the other party require the
party's consent or approval shall not be deemed to waive or render unnecessary the
other party's consent to or approval of any subsequent act. Any waiver by either party
of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
18. Lee:al Actions. The Municipal and Superior Courts of the State of Califomia in the
County of Orange shall have the exclusive jurisdiction of any litigation between the
parties arising out of this Agreement. This Agreement shall be governed by, and
construed under, the laws of the State of Califomia. The rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
19. Attornevs' Fees. If either party to this Agreement is required to initiate or defend, or
is made a party to, any action or proceeding in any way connected with this
Agreement, the party prevailing in the final judgment in such action or proceeding, in
addition to any other relief which may be granted, shall be entitled to litigation costs,
including actual attorney's fees and expert witness fees.
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20. Force Maieure. The time period specified in this Agreement for performance of work
may be extended by City because of any delays due to unforeseeable causes beyond the
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control and without the fault or negligence of Consultant, including, but not restricted
to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes,
floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including City, provided that
Consultant shall within ten (10) days of the commencement of such delay notify City
in writing of the causes and length of the delay. If Consultant gives notice of such
delay, City shall ascertain the facts and the extent of delay, and extend the time for
performing the services for the period of the enforced delay, when and if in the
judgement of City, such delay is justified. City's determination shall be made in
writing, and cl1a1l be final and conclusive upon the parties to this Agreement. In no
event shall Consultant be entitled to recover damages against City for any delay in the
performance of this Agreement, however caused. Consultant's sole remedy shall be
extension of this Agreement.
21.
Notices. Unless otherwise provided herein, all notices required to be delivered under
this Agreement or under applicable law shall be personally delivered, or delivered by
United States mail, prepaid, certified, return receipt requested, or by reputable
document delivery service that provides a receipt showing date and time of delivery.
Notices personally delivered or delivered by a document delivery service shall be
effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the
second calendar day following dispatch. Notices shall be delivered to the following
addresses:
To City:
Director of Public Works
City of Seal Beach
211 Eighth Street .
Seal Beach, CA 90740
To Consultant:
David V olz Design
17050 Bushard Street
Suite 300
Fountain Valley, CA 92708
22. Time of Essence. Time is of the essence in the performance of this Agreement.
23. Interpretation: Severability. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be:construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which rnight otherwise apply. The Section headings are for purposes of
convenience only, and shall not be construed to limit or extend the meaning of this
Agreement. Each provision of this Agreement shall be severable from the whole. If
any provision of this Agreement shall be found contrary to law, the remainder of this
Agreement shall continue in full force.
24. Corporate Authoritv. The person(s) executing this Agreement on behalf of the
parties hereto warrant that (i) such party is duly organized and existing, (ii) they are
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duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by
so executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into this Agreement does not violate any provision of
any other Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
for Contract Services as of the date first set forth above.
CITY OF SEAL BEACH
CONSULTANT
By:
By:
Its:
City ManalZer
Its:
Attest:
By:
Its:
City Clerk
APPROVED AS TO FORM:
Quinn Barrow
City Attorney
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200 GENERAL REOUIREMENTS FOR THE SCOPE OF WORK
200.1 EXAMINATION OF RFPIRFQ DOCUMENTS: The Consultant shall be solely
responsible for examining the City's RFPIRFQ 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 relieffor error or omission will be given.
leD.3 EMAIL: The Consultant shall supply and maintain individual Internet E-mail
adilresses 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, Spreadsheets: Excel,
Databases: Filemaker Pro, Microsoft Access, GIS: ArcView, Drawings: Autocad. All final
plans shall be submitted also on CD readable by City computers. All digital files shall be
submitted on a CD ROM.
The City shall have the right to use, duplicate, modifY or disclose the technical data and the
information contained therein.
The Consultant agrees to provide any proprietary software or data used in conjunction with
the project to the City, if requested, as long as the City pays for any additional licensing costs.
200.6 KEY PERSONNEL: The Consultant shall not reassign any personnel mentioned in the
RFQ/Interview process unless under extraordinary circumstances. The 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.
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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
wiU not be paid for, and no extension in the period of performance' shall be granted on account
thereof.
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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 Consultant 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 Consultant 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 after
completion of the Services and 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 ne~ media to the City. If the Consultant receives
a complaint from a citizen or the community, the Consultant sha1l inform the City what action
was taken to alleviate the situation.
200.10 SUBCONTRACTORSISUBCONSUL T ANT: 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.
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The City shall have no liability to any subcontractor(s) for payment for services under this
Contract or other work performed for Consultant. Any subcontract entered into by Consultant
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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.
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201 SPECIFIC REOUIREMENTS FOR THE SCOPE OF WORK
. The Consultant shall provide the following services on an on call basis to the City of Seal Beach:
. Design
. Engineering
. Construction Support
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 without written approval by the
Engineering Division.
All work must be within the budgetary limits established in the project.
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