HomeMy WebLinkAboutC-18461. PARTIES AND DATE.
This Agreement is made and entered into this / r day of 49(� , 2002 by and
between the City of Arcadia, a municipal organization organized under the laws 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 101 Pacifica, Suite 150, Irvine, California 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 and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing planning, engineering,
construction management and related professional services to public clients, is licensed in the
State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Design of the Camino
Real 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 engineering and construction
inspection 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 April 15, 2002 to
December 31, 2002, 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.
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 comiection 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 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 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 manrier 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, John Loague, Diann Morinaga.
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.
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3.2.6 Consultant's Representative. Consultant hereby designates Zeki Kayiran,
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
calking necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. 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 to comply with such laws, rules or regulations.
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3.2. 10 Insurance.
3.2.10.1
Work Colder this Agreement until
secured all insurance required uni
Time for Compliance. Consultant shall not commence
it has provided evidence satisfactory to the City that it has
er 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.
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 or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. 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 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.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub - consultants to procure and maintain, for a period of five (5) 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:
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(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Work or 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, 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.
(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 suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been 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.
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 the insurer shall reduce or eliminate such deductibles or self - insured
retentions as respects the City, its directors, officials, officers, employees, agents and volunteers.
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, licensed to do business in
California, and satisfactory to the City.
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3.2.10.8 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements 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.
3.2.11 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.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, 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 SEVENTY -FIVE THOUSAND, EIGHTEEN DOLLARS
AND NO CENTS ($175,018.00) without written approval of City's Public Works Services
Director. 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 authorized in writing by 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 written authorization
from City's Representative.
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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.
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 mamler 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
101 Pacifica, Suite 150
Irvine, CA 92618
(949) 753 -7333
Attn: Zeki Kayiran
City of Arcadia
240 West Huntington drive
Arcadia, CA 91066 -6021
Attn: Pat Malloy, Public Works Services Director
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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.
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.
3.5.3.2 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
comnection 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 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
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3.5.6 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
negligent 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 attorneys 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,
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. 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.
3.5.7 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.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 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.
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3.5.13 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.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 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.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. 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.
3.5.18 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 malting 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.
3.5.19 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 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.
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3.5.20 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.
3.5.21 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.
3.5.22 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 AKM CONSULTING ENGINEERS
By:
William R. Kelly
City Manager
Dated: AV , 2002
ATTEST:
.ty Clerk
APPROVED AS TO FORM:
OJ� f
Stephen P. Deitsch
City Attorney
r
By;_
eki Kayiran
rincipal
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CONCUR:
Department ead Date
EXHIBIT "A"
SCOPE OF SERVICES
The new booster pump station to be designed will include pumps; motors; switchgear; controls;
instruments; suction and discharge piping to the City's distribution system; surge control features, as
required; standby power generator and fuel storage; a masonry building housing the mechanical and
electrical equipment; and related appurtenant equipment for a complete and operable booster pump
station.
Task 1. Preliminary Investigation
This task includes background information collection; site survey; and conceptual design of the
booster pump station equipment, building, and appurtenances; and preparation of a permitting
workplan. Specific work items are as follows:
1.1 Obtain available as -built information on the existing wells and booster pump stations at the
site.
1.2 Conduct an evaluation of the replacement booster pump station requirements for the Camino
Real Site. The evaluation should discuss and recommend various design criteria including
facility layout, pump selection, use of existing inlet and discharge pipelines, redundancy,
reliability, constructability, and serviceability factors, and measures necessary for aesthetics
and noise control. The pump station will include three 2,000 -gpm pumps (one standby).
1.3 Conduct a site survey referenced to the City's GIS coordinate system. A 6" Pixel Orthophoto
and a digital terrain model with 2 -foot contours are available from the City. Prepare a
topographical base map, including:
• Existing Pump Stations, Reservoir and other Surface Improvements
• Underground Utilities
• Overhead Power and Telephone Lines
• Ingress- Egress
• Existing Inlet - Outlet Pipelines
• Boundary Location Data
1.4 Provide geotechnical services including: (1) Preliminary Soils Investigation Report per
Chapter 18, Section 1804 of the California Building Code, (2) Final Rough Grading Report,
and (3) Any geotechnical inspection required for the excavation.
1.5 Prepare conceptual site plans of the new pump station and piping configuration, showing
facility locations and layout, including major appurtenances. The drawings shall include all
right -of -ways, existing infrastructure and proposed construction. All drawings will be
prepared using AutoCAD, Release 2000 or higher.
1.6 Prepare preliminary construction cost estimate.
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1.7 Determine permit, approval, and coordination requirements for the project. Prepare a
workplan that outlines realistic schedules for applications, reviews and approvals of each
required permit and approval. Designate responsibilities of design engineer and Contractor
in each application process. All permit and inspection fees shall be the responsibility of the
design engineer unless specified as the responsibility of the Contractor.
1.8 Submit six copies of a preliminary design report summarizing the findings of the evaluation
(Item 1.2) and presenting the Preliminary Soils Investigation Report (Item 1.4), conceptual
site plans (Item 1.5), preliminary cost estimate (Item 1.6), and permit workplan (Item 1.7).
Task 2. Booster Pump Station Design
This task includes design work required for the construction of the new booster pump station
including coordination for a new electrical service. Design shall be in accordance with the City of
Arcadia Standards Plans and Specifications. Consultant shall prepare Design Drawings and Contract
Documents, including Technical Specifications and Bid Schedule, as well as an Engineer's Estimate
and proposed schedule for the work.
Specific work items are as follows:
2.1 Prepare the construction plans and specifications for the construction of a booster pump
station including three vertical turbine pumps (as approved in the predesign), suction and
discharge piping and appurtenances, flow meters, pressure meters, SCADA equipment,
motor control panels, emergency power generator and fuel storage, necessary earthwork, and
a building suitable for the surrounding community. The design shall address the following
issues:
Access Seismic Reliability
Aesthetics Energy Efficiency
Sound Reduction Capital Costs
Security O &M Costs
Building Code
2.3 Prepare the construction plans and specifications for the removal of the sand separators and
interfering piping and appurtenances.
2.4 Prepare construction phasing plan (including plan to maintain the operations of the existing
booster pumps during the construction of the proposed new facilities).
2.5 Prepare an engineering cost estimate.
2.6 Provide a brief written description of the system operation and controls sequence.
FAW
The design phase will include the preparation of final drawings of the proposed construction at the
appropriate scales. The drawings shall be ink on 24" x 36" Mylar using the City's standard title
block. The drawings shall include all right -of -ways, connections to existing infrastructure and
proposed construction. All drawings will be prepared using AutoCAD, Release 2000 or higher.
The City will require the following submittals leading to final approval of the drawings by the City:
1. 40% Design Review: Submit partially complete drawings and specifications
indicating all existing improvements and existing utilities with proposed construction,
a narrative of progress addressing design issues, problems and design completion
schedule. Meet with the City when submitted to discuss progress and issues.
2. 60% Design Review: Submit progressively complete drawings and specifications
addressing the City's 40% submittal review, a narrative of progress addressing design
issues, problems and design completion schedule. Meet with the City when
submitted to discuss progress and issues.
3. 90% Design Review: Submit complete drawings reflecting 60% design review
corrections for final approval from City. Final specifications and an estimate of
construction costs shall be submitted for review. Meet with the City when submitted
to expedite approval.
4. Final Approval Review: Submit final Mylar drawings, final specifications and a
final construction cost estimate for approval and signature by the City. Provide
original signed mylars to the City for bidding purposes.
5. Prepare the final contract specifications using Microsoft Word for Windows. The
document will include the City's Standard Agreement Form, General and Special
Provisions, Technical Specifications and all forms necessary to solicit bids from
Contractors. The bid schedule shall be detailed and itemized, outlining the multiple
facets of the construction proposed.
The consultant is to provide the City with original signed mylars, drawing CD disk, original signed
Specifications in hard copy and on disk for the City's use. The consultant shall provide the City with
forty -five sets of the plans and specifications for placing the project out to bid. The Drawings and
Specifications will identify any items the City proposes to pre - purchase.
Task 4. Project Coordination
4.1 Project coordination will include a kick -off meeting with the City's staff and regular project
status meetings. During active periods of the work these meetings will be scheduled weekly
and at a minimum will be scheduled monthly. Project budget reports and project schedules
for assigned tasks and related construction work shall be updated monthly and presented at
these meetings.
A -3
AKM's Proposed Scope of Work
The City of Arcadia has developed a comprehensive scope of work for accomplishing the project,
which is acknowledged herein. We will not repeat the tasks from the City's RFP, but discuss our
approach to completing a technically excellent project that is biddable and buildable.
PRELIMINARY INVESTIGATION
The Preliminary Investigation will be the most important phase of this project. It will need to
identify the future improvements at the site, and provide the space needed for that work.
Additionally, it will need to investigate project related issues, including hydraulic, maintenance,
noise, aesthetic, and obtain consensus from the interested parties.
Following the review of the existing available information, we will interview the City's Water staff
to ascertain their desires and expectations. With this information, and the project's technical needs,
we will develop several feasible alternative site layouts and corresponding pump station layouts. We
will prepare cost estimates, and a comparison matrix to aid in selection of the best alternative. We
will then identify the permit requirements, utility service requirements, and telemetry needs. We
will narrow the alternatives to one or two, through design memoranda and meetings with the City
staff. The preliminary design report (PDR) will describe the studies conducted, and the results of the
studies, along with the recommendations for implementation by the City. It will include 40 percent
drawings of the selected alternative; subsequent design, bidding, and construction schedule; and cost
estimates. The PDR will also include a rendering of the facility to illustrate its architecture.
We will utilize the City's model for the hydraulic analyses, and Surge 5 for hydraulic transient
analyses of the pump station. We anticipate that the pumps will be vertical turbine pumps placed in
mostly below grade cans. We will select the valving to minimize transient pressures during the
normal operation, and provide the facilities to reduce transient pressures to acceptable levels during
extraordinary events, such as complete power failure at the station.
We can initiate the geotechnical investigation early on in the PDR process, or start it upon
identification of the recommended alternative. The input from the investigation will be utilized in
preparing the final plans and specifications.
BOOSTER PUMP STATION DESIGN
The booster pump station design will advance the work performed in PDR phase to final plans and
specifications.
A -4
We anticipate the following list of drawings:
General
1 Title Sheet
2 Second Sheet
CIVIL
3 Site Plan
4 Grading Plan
5 Site Removals
6 Civil Details
7 Civil Details
8 Site Drainage
9 Suction Pipe Plan and Profile
10 Discharge Pipe Plan and
Profile
ARCHITECTURAL
11 Building Elevations
12 Building Elevations
13 Roof Plan
14 Floor Plan
15 Architectural Details
16 Architectural Details
Structural
17 Structural Notes
18 Roof Plan
19 Floor Plan
20 Floor and Foundation
Details
21 Structural Details
22 Structural Details
Mechanical
23 Mechanical Plan
24 Mechanical Sections
25 Mechanical Sections
26 Mechanical Details
27 Mechanical Details
28 Miscellaneous Details
Electrical
29 Electrical Symbols and
Abbreviations
30 Electrical Site Plan
31 Single Line Diagram
32 Control Diagram -Pump
Control Panel
33 Control Diagram -PLC
34 Building Power and
Lighting Plan
35 Telemetry
36 Electrical Details
37 Electrical Details
Process and
Instrumentation
38 P &I Legend
39 P &I Legend
40 P &I Diagram
The plans will clearly describe the work in detail so that construction issues are minimized.
We will submit the plans at 60, 90 and final stages, and address all comments. We will
coordinate the work through frequent meetings with the City so that any project related issues are
addressed in a timely manner during the development of the project. We will document each
meeting through meeting minutes, and each decision through a memorandum so that project
delays can be eliminated.
A -5
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