Loading...
HomeMy WebLinkAboutC-2200ORIGINAL. CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this e day of 4 f 200Y by and between the City of Arcadia, a municipal organization organized under th aws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 -6021 ( "City ") and AKM Consulting Engineers, a California Corporation with its principal place of business at 553 Wald, Irvine, CA 92618 ( "Consultant "). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform professional services required by the Agreement. Consultant represents Management and Inspection services and is familiar with the plans of City. 2.2 Project. C and assume responsibility for the provision of certain City on the terms and conditions set forth in this that it is experienced in providing Construction to public clients, is licensed in the State of California, City desires to engage Consultant to render such services for the Orange Grove Booster Pump Station project ( "Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Construction Management and Inspection consulting services necessary for the Project ( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from the date of execution of this agreement to December 31, 2006 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. Revised 8/04 LM 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates: Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the 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. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the prior written approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon prior written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Zeki Kayiran, Principal -in- Charge; John Loague, Project Manager; Bob Russell, Construction Manager. 3.2.5 City's Representative. The City hereby designates Pat Malloy, Public Works Services Director, or his or her designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. Revised 8 /04 LM 2 0 0 3.2.6 Consultant's Representative. Consultant hereby designates Zeki Kaylran, Principal, or his or her designee, to act as its representative for the performance of this Agreement ( "Consultant's Representative "). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give% all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out, of any failure or alleged failure to comply with such laws, rules or regulations. Revised 8/04 LM 3 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section; provided, however, that in lieu thereof, the Consultant may provide evidence to the City that all subcontractors are additional insureds under the Contractor's policies of insurance. 3.2.10.2 Minimum Requirements. 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 which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees, subcontractors and volunteers. Consultant shall also name and obtain insurer's consent to naming City, its directors, officials, officers, employees, agents and volunteers as an additional insured with proof of certificate of insurance that they are an additional insured. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be when commercially available (occurrence based) at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage for premises and operations, contractual liability, personal injury, bodily injury, independent contractors, broadform property damage, explosion, collapse, and underground, products and completed operations [INSERT POLLUTION COVERAGE if type of service involves liability caused by pollution] (); (2) Automobile Liability: Insurance Services Office Business Auto coverage for any auto owned, leased, hired, and borrowed by Consultant or for which Consultant is responsible; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. City, its directors, officials, officers, employees, agents and volunteers shall be listed as additional insured. Any deductibles or self - insured retentions must be declared to and approved by City and conform to the requirements provided in Section 3.2.10.6 herein. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, with an aggregate limit of $2,000,000. If Commercial General Liability Insurance or other form with 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 combined single limit per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. Revimd 8/04 LM 4 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub - consultants to procure and maintain, for a period of three (3) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees and volunteers shall be covered as additional insured with respect to liability arising out of Services operations and for completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its directors, officials, officers, employees and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) 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; and (2) the insurance 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. 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 in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested of cancellation, of intended non - renewal or endorsement reduction in limit or scope of coverage; provided, however, that in the event of cancellation due solely to non - payment of premium, ten (10) days notice of cancellation for non - payment of premium may instead be given to the City.; and (B) 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, employees, agents and volunteers. Revised 8104 LM 5 • • 3.2.10.5 Separation of Insureds: No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self- Insurance Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. Consultant shall guarantee 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. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, admitted to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall famish City with complete and accurate copies of current 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. Copies of all certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.10.9 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.10.10 Material Breach. Lack of insurance does not negate Consultant's obligations under this Agreement. Maintenance of proper insurance coverage is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of the Agreement. Revised 8/04 LM 51 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including reimbursements which receive the City's prior written authorization, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Twenty Nine Thousand Eight Hundred Thirty Nine Dollars and No Cents ($129,839.00) without written approval. of City's Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty -five (45) days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless prior written authorization is obtained from the City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. Revised 9/04 L Fl 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: City: AKM Consulting Engineers 553 Wald Irvine, CA 92618 Attn: Zeki Kayiran, Principal City of Arcadia 240 West Huntington drive Arcadia, CA 91066 -6021 Attn: Pat Malloy, Public Works Services Director Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Revised 8/04 LM i • 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data, Licensing of Intellectual Property. This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.53.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, Revised Bl04 LM 9 0 0 officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding arising from Consultant's performance of the Services, the Project or this Agreement; except to the extent that liability is caused by any negligence or willful misconduct by the City or its directors, officials, officers, employees, agents or volunteers. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers and shall take effect immediately upon execution of this Agreement. 3.5.6 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. 3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.5.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. Revised 8/04 LM 10' 0 0 3.5.13 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 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. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it 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 shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's 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. 3.5.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. Re+ised 8/04 LM 11 3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF ARCADIA By: By: William R. Kelly City Manager Dated: - l,6'� 2000 E City Clerk APPROVED AS TO FORM: '� y �_ Stephen P. Deitsch City Attorney Revised 8104 LM 12 AKM Consulting Engineers 'opignature] Zek.l Kaylran, �res� deny [Print Name & Title] CONCUR: lkne- Department Head Date 0 EXHIBIT "All SCOPE OF SERVICES ATTACHED A -1 • SECTION 3 Scope of Work E The City of Arcadia has developed a very specific scope of services for the project. This scope of work is acknowledged in it's entirety and duplicated in this section of our proposal. Our suggestions, approach, and methodology are added in bold italic font under each task. General Inspection (Civil, Architectural, Structural, Mechanical, Piping) A. Conduct one pre- construction meeting. AKM will schedule and conduct a project construction meeting for the work. Invitees will include the City, Design Engineer, Project Manager, Project Inspectors, Resident Inspector, Fire Department Representative, and any other affected parties. The purpose of the meeting will be to introduce project participants, review project procedures, and address any comments or concerns regarding the proposed work. Generally, the following topics will be reviewed. Introductions Coordination and Lines of Communication Inspection Requirements Special Requirements for Federally Funded Projects Notifications Administration.and Mobilization Issues Surveying and materials testing requirements NPDES Regulations Submittals and Shop Drawings - Change Order Procedures Progress Payments - Records Drawings Labor Compliance Safety Project Close -Out Project Related Issues AKM will invite project participants, prepare the meeting agenda, and Issue minutes of the meeting's' discussions. Procedural guidelines and project related forms (submittal, RFI, change orders) will also be provide to the Contractor at this meeting. B. Facilitate regular weekly progress meetings. The Principal in charge will conduct a regularly scheduled construction progress meeting to define and review existing construction problems, and to coordinate project elements. CITY OF ARCADIA - Project No. 6972099 3-1 Construction Management & Inspection Services For the Orange Grove Booster Pump Station AKM Proposal No. 05 -2861 0 Scope of Work In general, the meeting will address the following. 0 - Work completed the previous week - Schedule of work elements to be completed In the next two weeks - Schedule review - Future items requiring coordination - Submittal status - Materials and equipment delivered - Safety The meeting will be conducted by the Principal in charge at the construction site, or other mutually agreed upon location. Minutes will be prepared and distributed to all meeting participants, and interested parties. For budgeting purposes a total of 20 meetings have been assumed. C. Conduct employee interviews as verification of compliance with prevailing wage requirements of the contract. AKM will conduct wage interviews of all contractor employees at the site. Certified pay records may be requested based upon the results of the interviews. All interviews will be documented as required for federally funded projects. D. Provide full -time inspection during equipment delivery to the site to ensure that equipment meets specifications and is adequate for the work.. AKM will obtain the contractors schedule for major equipment deliveries, and will arrange for inspectors to be at the site when the equipment is delivered. E. Provide full -time inspection during construction of the structural aspects of the booster station, installation of the Booster pumps, major valves, inlet/outlet piping and appurtenances. We have included budget, in our proposal for full time inspections of the New Pump Station building, and the suction and discharge piping. A total of 8 weeks (320 Hrs) of time has been allocated for this task CITY OF ARCADIA - Project No. 6672085 3 -2 Construction Management A, Inspection Services For the Orange Grove Booster Pump Station . AKM Proposal No. 05.2551 F_ 1 Scope of Work 0 F. Provide part-time inspection during construction of the architectural aspects of the booster station, sodium hypochlorite storage and distribution, waste transfer station retaining walls, site improvements and paving which are related to the critical path of the project. A total of 6 -weeks of part time Inspection (160 Hrs) has been allocated for this effort. G. Provide coordination and scheduling of material testing, surveying, and deputy inspection as required by the project and supplied by the Owner under separate contract. The project inspector will be responsible for coordinating survey, compaction testing, concrete testing, tie -ins, waterline disinfection and bacteria testing. H. Witness testing and start-up of ail equipment installed under this Contract. the principal in charge and project inspector will verify, to the maximum extent possible, that all systems are functioning properly prior to scheduling start up with the Design Engineer and City. A total of one week of full time inspection (40 Hrs) has been budgeted for this task. Keep a daily log (entry logs are to include, but are not limited to, weather; Contractor manpower and equipment; delivery of materials to the site; construction activities and daily progress of work; overall construction progress with respect to the schedule; and Contractor out -of -scope work): Budget for this task is included under the Project Inspection Services. J. Report activities to the City on a weekly basis. The project inspector will submit daily inspection reports, and photo logs of the work to the City on a weekly basis. K. Preparation and maintenance of the redline set of the record drawings from the contractor's marked up drawings for the project design engineer to complete on mylars. The inspector will maintain a redllned set of drawings, which are updated daily, reflecting changes to the Contract Documents. These redlined drawings will be compared weekly to the Contractors "as- built" set, and adjusted accordingly. CITY OF ARCADIA - Project No. 6672095 3-3 Construction Management & Inspection Services For the Orange Grove Booster Pump Station AKM Proposal No. 05 -2551 • Scope of Work At the conclusion of the construction project, a composite set of "as- built" drawings reflecting the Inspectors and Contractor's field notes will be prepared and submitted to the City, or Design Engineer for preparation of record drawings. L. Assist in the coordination of discrepancies, RR's, and submittals between the Contractor and the City. In the event of a discrepancy between the contact documents and field conditions, the Project inspector will immediately request from the Contractor a request for information. The request for information once received will be forwarded to the Project Manager, Principal in Charge and Design Engineer for response. Upon notification of potential change order, the Principal in Charge and Project inspector will promptly investigate the conditions and determine if they differ from the Contract Documents. If so, the Principal in Charge will notify the City of the potential change order, and request a proposal from the Contractor to complete the additional work. The Contractor's proposal will then be evaluated and will be either approved, negotiated, or rejected. if approved, the Construction Manager, will review the Contractor's proposal with the City for acceptance or rejection. In no case will work be authorized which increases the overall value of the Construction Contract without prior approval by the City. M. Prepare a "Punch List" of all items to be completed by the Contractor to obtain final completion. Ensure all items are complete. A "punch list" of corrective work will be prepared by the Inspector prior to final completion of construction. The Inspector will review this list with the Contractor, and verify that all "punch list" items have been completed prior to requesting a final walk- through. N. Arrange and conduct the final inspection and start -up of each phase of work. A final inspection will be conducted by the City, Inspector, Principal in Charge, and Contractor. This inspection is in addition to the day -to -day inspection, and will result in a final "punch -list' of items for the Contractor to complete, prior to issuance of a Notice of Completion, and final payment. It is anticipated that the new water facilities will be placed into service prior to all project related elements being completed. CITY OF ARCADIA - Project No. 6672085 3-4 Construction Management S Inspection Services For the Orange Grove Booster Pump Station AKM Proposal No. 05.2651 0 0 Scope of Work Electrical and Instrumentation Inspection A. Provide a separate Inspector for the inspection and review of all phases of procurement and installation of the electrical and instrumentation aspects of the project. A full time Inspector will be provided for all electrical and Instrumentation work to be Installed by the electrical sub - contactor. A total of four weeks (160 Hrs) has been budgeted for this task. B. Assist in the temporary relocation of existing instrumentation controls prior to the demolition of any site facilities. The Electrical Inspector will coordinate with the city and Design Engineer to determine existing wiring to be rerouted, and Impact to facility operation. Recommendations for construction of the relocation will be provided based upon this coordination effort. C. Provide review of the electrical sub - contractor's schedule to ensure the proper and timely procurement of all electrical equipment and materials in order to assure their timely delivery to the jobsite. The Project Inspector will provide the electrical sub - contractor with a list of shop drawings to be submitted for the project The Inspector shall then monitor the Electrical Sub - Contractor as necessary to ensure timely submission of the documents. Subsequent to shop drawing approval by the Engineer, the Project Inspector shall verify that the equipment was ordered, and confirm the delivery schedule with the supplier. D. Provide review of the electrical sub - contractor's methods and means for the installation of all conduits, MCC's equipment and wiring. The Project Inspector shall review installation procedures with the Electrical Sub - Contractor prior to commencing construction. E. Provide full time inspection during the installation, programming, and start-up of all electrical and instrumentation equipment. A total of 80 hours has been budgeted for this task CITY OF ARCADIA- Project No. 9672095 3-5 Construction Management s Inspection Services For the Orange Grove Booster Pump Station AKM Proposal No. 05 -2851 0 of Work F. Review the electrical portions of the O &M manuals submitted by the Contractor for accuracy, completeness, and usefulness. The Project Inspector shall provide initial review and comment on all O &M manuals prior to forwarding them to the engineer for final compliance review. CITY OF ARCADIA - Project No. 6672005 3-6 Construction Management & Inspection Services For the Orange Grove Booster Pump Station AKM Proposal No. 05 -2651 Exhibit "B" SCHEDULE OF SERVICES Schedule of services shall be as needed to correspond with the project schedule as determined by the Prime Contractor. l-1021l Exhibit "C" COMPENSATION ATTACHED C -1 r1 CJ Inspection Services for Water CITY OF ALHAMBRA MARCH 31, 2964 Line and Valve Replacement PROJECT- RFP s21014.5 Orange Grove Booster Pump Station Construction Management and Inspection Services September 28. 2005 Note: O- %FACE will be pro itding slectricel and Instrumentation Inspection services as a subeduuttent to AKM AKM Proposal No. 04 -2524 General Inspection A Conduct One Pre-construction Meeting B 0 4 bti $1,500 B Fadlltale Regular Weekly Progress Meetings 2D meelln sassume 80 40 40 $0 $17,000 C Conduct Em Wage niserviewsrCum ate Documentation 0 0 16 $0 $1,200 D Provide Full Time Inspection Durin Equipment Deliveries 0 0 16 $0 $1,200 E Provide Full Time Inspection of Booster Station Structure and Piping 16 18 320 $0 $27,200 F Provide Pen Time Inspection of Booster Station Architeauml, Sodium Hypochlorhe System, Waste Transfer Facility Attaining Wells and Paving 8 $ 180 $0 $13,800 G Coordinate Metedel Testing and Survil 0 0 18 $0 $1,200 H Wlmass Testing and Startup of Equipment 8 0 1 40 s0 $4,200 I- Keep Daily Logs Hours included In Inspection Services 0 0 1 0 $0 $0 J Re ort Activities to the City on a Weedy Basis 0 24 1 24 So $3,000 K Preparation and Maintenance of Redline Record Drawings 0 0 24 $0 $1,800 L Assist with Coordination of RFPS and Submittals 0 0 18 $1,200 M Prepare Project Punch List 0 0 24 $0 $1,11 L Arran Final ins Ion 0 0 16 $1 200 Sub TOtel OSmralln Non 720 88 778 $0 $7 100 Electrical and Instrumentation Inspection A Inspection and Review of all Phases of Procurement and Electrical Installation 8 0 0 $26,000 $27200 8 Assist with the Ternporwry Relocation of E)dstlno instrumentation Controls 0 0 S2.6451 $2646 C Review Eta ddcel Sub -Comm LE Schedule, Ensure Timel Procurement of equipment. 0 0 0 52,116 $2118 D Review Electrical 6a b•CpntraCtOra Means and Methods 0 0 0 S2 646 $2 M Full Time Inspection During the Installation, Programming and Start up of Electrical and Instrumentation E ul IZI, 0 0 0 $11,385 $11,38 F Review Electrical Portions of the 08M Manuals 0 0 D 1 748 $1 748 Sub TOtel Elscfrkstendlnshumenfetion Inspection B 0 0 $18,639 947,738 Total Hours 128 8e 718 Una Cost $150 $50 $75 Total Labor Cost $ $18200 $4400 $53,700 $123,839 n� $5,000 $500 $500 $6,000 Taal Cost $24,200 $4,900 $641200 948,0391 $129.839 Note: O- %FACE will be pro itding slectricel and Instrumentation Inspection services as a subeduuttent to AKM AKM Proposal No. 04 -2524 0 0 AKM CONSULTING ENGINEERS HOURLY FEE SCHEDULE July 1, 2005 Labor Classification Hourly Rate 1. Principal $170.00 2. Principal Engineer $155.00 3. Project Manager $150.00 4. Associate $135.00 5. Project Engineer $120.00 6. Senior Engineer $110.00 7. Associate Engineer $90.00 6. Financial Analyst $80.00 9. Inspector $75.00 10. Assistant Engineer $75.00 11. Senior Designer /Senior CADD Technician $75.00 12. Designer /CARD Technician $70.00 13. Engineering Technician $64.00 14. Engineering Aide $46.00 15. Data or Word Processing $55.00 16. Office Support $52.00 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. Mileage will be invoiced at $0.661mile. This schedule of rates is in effect until Jury 1, 2006, at which time it may be adjusted. AKM ftposal No, @542W AX . �n so®® sa n®® aENCF_ Quality and Excellence in Engineering and Design Solutions RATE SCHEDULE FOR PROFESSIONAL SERVICES The compensation to Q -XENCE for professional services is set forth below. PERSONNEL CHARGES' Q -XENCE shall be paid in accordance with the following rate schedule: Category Hourly Rate Principal $150 Lead Senior Engineer /Construction Manager $115 Engineer /Architect $95 CADD $70 Admin $55 Overtime premium of 1.5 shall be applied to the above rates for non- exempt employees (CAD & Clerical /admin), when requested in advance by the Client. Time spent in either local or inter -city travel will be charged as defined above. A maximum of eight (8) hours per day will be made for travel time. EXPENSES All expenses shall be approved by the Client in advance and in writing. Personal automobile use for project travel shall be billed at $.365 /mile Materials and equipment purchased, leased or rented by Q -XENCE specifically on behalf of Client shall be billed at cost plus ten percent f 10 %). 18672 Florida Street, Su0e 201A Huntington Beach, CA 92648 Phone: 714. 847.1102 F= 714. 242.9499