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HomeMy WebLinkAboutAKM Consulting Engineers - 2008-11-17Dept. ID PW-0032 Page 1 of 2 Meeting Date: 5/20/2013 loqall0VC__�) �, - 0 MEETING DATE: 5/20/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve waiving Municipal Code 3.03.120 prohibiting the extension of an agreement beyond three years; and, approve and authorize execution of a contract amendment to the Professional Services Contract with AKM Consulting Enqineers for as -needed engineerina services Statement of Issue: An Amendment to the Professional Services Agreement with AKM Consulting Engineers is required to extend the design support services contract duration by 2-years for the Warner Avenue Gravity Sewer project. Financial Impact: The amendment allows for additional time to complete the Warner Avenue Gravity Sewer project. No additional funding is requested because the original contract contains sufficient funding. Recommended Action: A) Approve waiving Municipal Code 3.03.120 prohibiting the extension of an agreement beyond three years; and, B) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to the Agreement between the City of Huntington Beach and AKM Consulting Engineers," to extend the existing professional services contract for 2 additional years. Alternative Action(s): Do not approve and direct staff on how to proceed. Analysis: In November 2008, the City entered into an as -needed contract with AKM Consulting Engineers for an amount not to exceed $2,000,000 and with a three contract year duration. To date the City has spent $995,721.00. No additional funding is requested because the original contract contains sufficient funding. In 2009, AKM began assisting the City with identifying and evaluating design alternatives for the Warner Avenue Gravity Sewer Project. Shortly thereafter, the final design for the project was temporarily put on hold due to the uncertainty of the annexation of Sunset Beach and the on -going litigation from the original project construction. In late 2010, the City issued a Notice to Proceed to AKM to provide final design, which includes the replacement of Lift Station "C" as well as the gravity sewers upstream and downstream. The contract with AKM was set to expire on November 17, 2011. In order to allow for the completion of the design and assistance through construction, Amendment No. 1 to this contract was approved to extend the contract for 1-year. Unfortunately, lengthy environmental permitting with the California Coastal Commission further stalled the project. In April, 2013, the California Coastal Commission approved the project and staff is in final HB -203- Item 8: - I Dept. ID PW-0032 Page 2 of 2 Meeting Date: 5/20/2013 preparation of the construction documents. Amendment No. 2 will allow for a 2-year time extension to complete the construction documents and assistance through the construction phase of this project. It is anticipated that a construction contract will be awarded later this summer. Environmental Status: Not applicable for this action Strategic Plan Goal: Improve the City's infrastructure Attachment(s): Amendment No. 2 to Agreement Between the City of Huntington Beach and AKM Consulting Engineers Item 8. - 2 HB -204- �� s AMENDMENT NO.2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND AKM CONSULTING ENGINEERS THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and AKM CONSULTING ENGINEERS, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated November 17, 2008, entitled "Professional Services Contract Between The City Of Huntington Beach And AKM Consulting Engineers For As -needed Engineering Services," which agreement shall hereinafter be referred to as the "Original Agreement," and The Original Agreement was amended on November 7, 2011 to extend its term for an additional one-year period; and period, The parties wish to further extend the Original Agreement for an additional two-year NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. EXTENSION OF TERM Effective November 16, 2012, the term of the Original Agreement is hereby extended for two (2) additional years. The Original Agreement shall now expire on November 17, 2014. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 1 13-3745/96013 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on /?� 5;;�o , 2013. AKM CONSULTING ENGINEERS By: print name ITS: (circle one) Chairman/President/Vice President AND By: r4ekA�ef Ka�ivG✓� print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary reasurer APPROVED: Manager 13-3745/96013 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Cy Clerk �-.4 4�)p INITIATED AND APPROVED: ,--4, 4a:�== - Director of Public Work APPROVED AS TO FORM: mom. City Attorn y 2 City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk May 22, 2013 AKM Consulting Engineers 553 Wald Irvine, CA 92618 To Whom It May Conern: Enclosed for your records is a copy of the fully executed "Amendment No. 2 to Agreement Between the City of Huntington Beach and AKM Consulting Engineers." Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure G:fo11owup:agrmt1tr Sister Cities: Anjo, Japan ® Waitakere, New Zealand 7- 711) Council/Agency Meeting Held: Deferred/Continued to: *Appro ❑ Conditionally Approved ❑ Denied Cify Clerk's ignat' e Council Meeting Date: November 7, 2011 Departme ID Number: PW11-058 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of contract extension Amendments to Professional Services Contracts with AKM Consulting Engineers, Harris & Associates, and Psomas to complete design services for various Public Works projects Statement of Issue: Amendments to . Professional Services Agreements with AKM Consulting Engineers, Harris & Associates, and Psomas are required to increase contract time to complete design services for various Public Works Department projects. Financial Impact: Amendments are only to allow for additional time to complete various on -going projects. All three original contracts allow for sufficient funding to complete projects. Recommended Action: Motion to: 3)Agreement pprove and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Between The City of Huntington Beach and AKM Consulting Engineers", to extend the existing professional service contract for 1 additional year; and, B) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between The City of Huntington Beach and Harris & Associates", to extend the existing professional service contract for 2 additional years; and, n C) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between The City of Huntington Beach and Psomas", to extend the existing professional service contract for 1 additional year. Alternative Action(s): Do not approve and direct staff on how to proceed. Item 4. - 1 xB -60- REQUEST FOR COUNCIL ACTION MEETING DATE: 11/07/2011 DEPARTMENT ID NUMBER: PW11-058 Analysis: Every few years, Public Works Engineering staff solicits proposals from engineering firms for as -needed civil engineering services primarily for the purpose of preparing construction plans and specifications for a portion of the projects identified in the Capital Improvement Program in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. If the agreements are approved by City Council, the term of the agreements is typically 3 years from the Council award date. Although staff does its best to align expected design schedules with the terms of the consultant agreements, there are circumstances such as availability of grant funds that result in project completion going past the contract terms. The following is a summary of pending work that is expected to overlap past the term of the existing contracts with AKM Consulting Engineers (AKM), Harris & Associates (Harris), and Psomas, which are set to expire on November 17, 2011. In 2009, AKM began assisting the City with identifying and evaluating design alternatives for the Warner Avenue Gravity Sewer Project to assure that the re -design of this project had the least amount of impacts. Shortly thereafter, the final design for the project was put on hold due to the uncertainty of the annexation of Sunset Beach. Annexation was important since there was a possibility that the sewer system in this area would become County's responsibility and would have to be designed to County standards if Sunset Beach remained County land. In late 2010 after it became apparent that Sunset Beach would be annexed, the City issued a Notice to Proceed to AKM to provide final design, which includes the replacement of Lift Station "C" as well as the gravity sewers upstream and downstream. In 2010, Harris began assisting the City with preliminary engineering design for the intersection widening at Brookhurst Street and Adams Avenue. Since this project was determined to require an Environmental Impact Report (EIR), Harris is not able to complete its work until the EIR is complete. Completion of the EIR, by another consultant, is expected in late 2012 and completion of Harris' scope of work expected in early 2013. In addition, Harris is also preparing a traffic analysis for the intersection at Bushard Street and Adams Avenue. The funding for this project was only recently approved by the Orange County Transportation Authority, thus additional time is required to complete this effort. Finally, Harris has also been assisting the City with a project to convert water Well No. 8 for irrigation use at Central Park, Sports Complex, and Murdy Park. Harris is currently working on the final design of these plans. In 2009, Psomas began assisting the City with the 2010 Urban Water Management Plan (UWMP) and the Water Master Plan (WMP) update. Since some of the important information contained in the WMP is dependant on the information from the UWMP, the WMP must follow the UWMP, which was completed on June 1, 2011. Due to the additional time needed to complete the 2010 UWMP, the Psomas' contract requires an extension of time in order to complete the WMP. All three current -contracts with AKM, Harris, and Psomas expire on November 17, 2011. Therefore, in order to finalize the construction documents and provide assistance during the construction phase for various Public Works Department projects, it is necessary to amend all three contracts to extend the term. Public Works Commission Action: Not required for this action HB -61- Item 4. - 2 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/07/2011 DEPARTMENT ID NUMBER: PW11-058 Environmental Status: Not applicable for this action Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): 1: "Amendment No. 1 to Agreement Between the City of Huntington Beach and AKM Consulting Engineers" 2. "Amendment No. 1 to Agreement Between the City of Huntington Beach and Harris & Associates" 3. "Amendment No. 1 to Agreement Between the City of Huntington Beach and Psomas" Item 4. - 3 HB -62- i; -_.,.___ - - - - �-�a, �{ - �, - - ' - 's .. -�� z_ - '�; .. , AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITE' OF HUNTINGTON BEACH AND AIM CONSULTING ENGINEERS THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and AKM CONSULTING ENGINEERS, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated November 17, 2008, entitled "Professional Services Contract Between The City Of Huntington Beach And AKM Consulting Engineers For As -needed Engineering Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to extend the Term of the Original Agreement for one (1) additional year in order to provide for the performance of additional tasks by Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. EXTENSION OF TERM The term of the Original Agreement is hereby extended for one (1) additional year. The Original Agreement shall now expire on November 17, 2012. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 1 11-3067/70640.aoc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. AKM CONSULTING ENGINEERS By: ,w print name ITS: (circle one) Chairman/President ice President AND By: //G� "�4 kj M2hn�rf I�� print name ITS: (circle one) Secretar /Chief Financial Officer/Asst. Secretar Treasurer REVIE D APPROVED: it Manager CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California APPROVED AS TO FORM: rty Attorney n 11-3067/70640 Professional Service Approval Form 1. Date Requested: 9/22/2011 2. Contract Number to be Amended: 3. Department: Public Works 4. Requested By: Todd Broussard 5. Name of Consultant: AKM Consulting 6. Amount of Original/Prior Contract: $2,000,000 7. Additional Compensation Requested: $0 8. Original Commencement Date: November 17, 2008 9. Original Termination Date: November 17, 2011 10. Extended Date Requested: November 17, 2012 11. Reason for Contract Amendment: AKM needs to complete the design of the Warner Sewer Project. Project schedule was delayed pending outcome of Sunset Beach annexation. 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13. Business Unit and Object Code where funds are budgeted: 21085201, 82600 Department Head Signature Director of Finance (or designee) Signature City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk November 21, 2011 AKM Consulting Engineers 553 Wald Irvine, CA 92618 To Whom It May Concern: Enclosed for your records is a copy the "Amendment No. 1 to Agreement Between the City of Huntington Beach and AKM Consulting Engineers." Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure &followup:agrmthr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Council/Agency Meeting Held: Deferred/Continued to: 14-App oved ❑ o tionall Approved ❑ Denied - - Ci I r Sign re s Council Meeting Date: 11/17/2008 Department ID Number: PW 08-73 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNrIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR UBLIC WO K SUBJECT: Approve Professional Services Contracts for As Needed Civil Engineering Services Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Public Works Department requires professional civil engineering services on an as needed basis to support staff for the design and construction of capital improvement projects. Funding Source: Funds are available within the budgeted capital improvement projects. Additional City Council authorization will be requested for unbudgeted projects if necessary. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and AKM Consulting Engineers for As -Needed Engineering Services; 2. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and Boyle Engineering Corporation for As -Needed Engineering Services; 3. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and Harris & Associates for As -Needed Engineering Services; 4. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and Lee & RO, Inc. for As -Needed Engineering Services; 5. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and PSOMAS Consulting Engineers for As -Needed Engineering Services; and 6. Approve and authorize the Mayor and City Clerk to execute Professional Services Contract between the City of Huntington Beach and VA Cons-ulting, Inc. for As -Needed Engineering Services. '5&:E REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/17/2008 DEPARTMENT ID NUMBER: PW 08-73 Alternative Action(s): Do not authorize the contracts and direct staff to request proposals from other engineering firms for design services for various capital projects. Projects could be delayed up to one year. Analysis: The City's Capital Improvement Program (CIP) exceeds $38 million in Fiscal Year 2008/09. Additionally, $15 million of continuing appropriations for projects approved last year will be brought forward into the new fiscal year. Transportation, water, sewer and park. improvements are the largest expenditure categories. Projects include street, sewer, and water improvement projects. Design for these projects is assigned to firms specializing in these disciplines, as it is not possible to complete this large workload with just city staff. It is in the City's benefit to retain qualified firms for capital improvement project design and engineering. The contract would be for a three-year term with task order assignments awarded such that they do not exceed the specified duration and the dollar amount of the contract. Project assignments are rotated among the consultants, taking advantage of each consultant's specializations. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Thirty-four-(34) proposals were received, and ranked based on qualifications listed in the proposals. The proposed new contracts allow for a three-year term with a total not to exceed $2 million per contract. Funding sources will be from capital improvement project accounts, using the approved project budgets. Public Works Commission Action: Not required. Strategic Plan Goal: (1-1) Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable to community's value to grow. (C-2) Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: Not Applicable. -2- 11/3/2008 4:18 PM REQUEST FOR CITY COUNCIL ACTION MEETING ®ATE: 11/17/2008 DEPARTMENT I® NUMBER: PW 08-73 Attachment(s): -3- 11/3/2008 4:18 PM v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AKM CONSULTING ENGINEERS FOR AS NEEDED ENGINEERING SERVICES Table of Contents Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignmentand Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification............................................................................................................. 8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration..............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AKM CONSULTING ENGINEERS FOR AS NEEDED ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and AKM CONSULTING ENGINEERS, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide engineering services on an "as needed" basis; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide, on an "as -needed" basis, engineering services such as the itemized tasks set forth in Exhibit "A," which is attached hereto and incorporated by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." All engineering services shall, prior to the commencement of any work, be set forth in a written Scope of Work to be provided by CITY in advance of each PROJECT. CONSULTANT hereby designates Zeki Kayiran, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 08-1814.001/26548 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 3 20 Or (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in the Scope of Services shall be completed no later than 3 years from the Commencement Date; however, if any tasks are not completed 3 years from the Commencement Date, the parties may mutually agree to extend this Agreement for such time as is necessary to complete such tasks. In no event shall this Agreement be extended more than two additional years from the original termination date. The time for performance of the tasks identified in the Scope of Services are generally to be shown in the Scope of Services. This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the date of final execution, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two Million Dollars ($2,000,000.00). 08-1814.001/26548 2 5. EXTRA WORK In the event CITY requires additional services not included in the Scope of Services or changes in the scope of services described in the Scope of Services CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) 08-1814.001/26548 3 negligence, recklessness or willful misconduct related to performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense, and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. 08-1814.001/26548 4 CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 08-1814.001/26548 5 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 08-1814.001/26548 6 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: AKM Consulting Engineers Attn: Zeki Kayiran 553 Wald Irvine, CA 92618 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 08-1814.001/26548 7 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement 08-1814.001/26548 8 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED. CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, 08-1814.001/26548 9 each party shall bear its own attorney's fees, such that prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement 08-1814.001/26548 10 between the parties respecting the subject matter of this Agreement, and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on M I%/AJ467� /7, 20 Or. AKM CONSULTING ENGINEERS By: . K asp rd n print name ITS: (circle one) Chairm resideice President AND By: e`G � - e,/�. �'IGGirnei ,�dy�rdn print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary reasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ity Clerk INITIATED AND APP OaVED: Director Public Wor s REVIEWET� �7r APPROVED AS TO CONTEN APPROVED AS TO FORM: ity Attorney 08-1814.001/26548 11 A. STATEMENT OF WORK: CONSULTANT shall provide consulting services on an "as -needed" basis for Storm Drain, Sewer and Water Improvement projects to be determined during the term of the agremeent. During the term of this agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task orders for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall follow provisions specified in the City of Huntington Beach On -Call Civil Engineering Services Scope of Work (Exhibit A.1). Detailed services shall include but is not limited to the following scope of work shown in Exhibit A.2. Upon award and during the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of those staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project assigned. 2. Furnish construction plans and specifications to the consultant. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. AKM Exhibit A Fxl-iihit A 1 City of Huntington Beach On -Call Engineering Services Scope of Work In general, the Consultant shall perform civil engineering services on an "on call or as - needed" basis for various projects assigned by the City. The scope of work for any one project may involve all phases of project development and may include but not be limited to the following: Preliminary En inee ♦ Prepare alternative preliminary layouts, surveying, geotechnical services, and estimates of probable cost for alternatives. ♦ Prepare engineering details and calculations. ♦ Present alternatives and provide recommendations and analyses of the advantages of each alternative. Permits 0 Assist the City in obtaining approvals from applicable agencies including County of Orange, CALTRANS, City of Huntington Beach Planning Department for environmental, and/or other permits as may be required. Construction Documents ♦ Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. The City will provide the General Provisions and bid forms in a Microsoft Word and/or Excel Version 2003 format; the Consultant shall modify the documents by adding the necessary special provisions and project bid schedule. The City shall review the construction documents at the preliminary engineering, sixty (60%), ninety percent (90%), and final documents stages or as deemed necessary by the City. All project calculations, supporting/reference information, correspondence, photos, Microsoft office files, etc. shall be provided to City with the final submittal or upon request. ♦ Drawings shall be prepared in a standard engineering scale using AutoCAD version 2000, 2004, or 2007. All drawings shall have their bearings based upon and translated to be consistent with the California Coordinate System (Zone 6). Final Drawings shall be wet signed and stamped on 24-inch by 36-inch Mylar media. All project AutoCAD files (i.e. drawings, x-refs, blocks, fonts, etc.) shall be provided to the City on CD or DVD format. Construction specifications and bidding documents shall be provided in Microsoft Word Version 2003. Bidding Stage ♦ Assist the City in answering bidders' questions, attend pre -bid conferences and job walks, perform constructability review of other firms or own plans and specifications, prepare addenda, analyze bids, and recommend award. Construction Stage ♦ Attend pre -construction conference. ♦ Monitor construction schedule, visit construction site as required for progress and quality of work evaluation. ♦ Assist the engineer, contractor, and construction manager/contract administrator with interpretation of the plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders. ♦ Upon completion of construction, the Consultant shall prepare "as -built" drawings to the satisfaction of the City. Additionally, the Consultant may also be required to perform construction staking. Special Requirement: Due to the fact that some of the City projects will be funded by Federal or State grants, the selected consulting firm must comply with requirements of Caltrans' Local Assistance Procedures Manual and the City of Huntington Beach Quality Assurance Plan for Federal and State Funded Projects and all applicable prevailing wage laws. City of Huntington Beach On -Call Civil Engineering Cervices SECTION C - BACKGROUND AND PROJECT SUMMARY The City of Huntington Beach Public Works Department's Engineering Division desires to retain the services of a civil engineering consulting firm to supplement the City staff in performing various civil engineering services. These services may include preliminary engineering studies, site development layouts, and design of waterworks, sewer, storm drain, and street improvements. AKM and its team members have been actively participating in projects within the local area and with the City of Huntington Beach for many years. Additionally, AKM is currently completing project assignments for the City under an "on -call" services contract. This combination of past local experience and present project undertakings yield a project team that is thoroughly acquainted with the local environment and the needs of the City of Huntington Beach. This strong understanding of the City and its concerns will ensure a high sensitivity to all project issues during the development of the work. We have prepared the following scope of work to illustrate our approach and work program for a typical project C-1 Project Management Proiect Schedule AKM will prepare a work plan and initial schedule with the milestones for the major tasks involved in the project. The schedule will be updated monthly. Meetings AKM Teams will meet with the City staff at least once each month during the Preliminary and Final Engineering Design phases of the Project. We will also meet at regular intervals as determined by the City during the Construction Contract Administration Phase. Appropriate engineering specialty staff or principals, and appropriate subcontractor's representatives will accompany the Project Manager to attend the meetings with the City. AKM will prepare the agenda for each meeting, record the minutes of all meetings and submit a copy of the minutes to the City for its review within five working days after each meeting and prior to distribution. C-2 Preliminary Engineering Services Research and Analyze Existing Conditions AKM Consulting Engineers will research and obtain plans, reports, studies and other record data from the City, utility companies, and any other agency with existing or proposed facilities or jurisdiction in the project area, and will coordinate with those agencies through completion of work. Surveying for Engineering Design AKM will provide survey parties to perform field surveying required for the preliminary and final engineering design of the Project. The survey party(ies) shall be under the direction of a Licensed Land Surveyor. AKM will obtain all right-of-way entry permits required for the work. Surveying services will be performed by California Survey, under the direction of Mr. Ted Krull as a subconsultant to AKM. Potholing At critical locations and as approved by the City, AKM will perform potholing to determine locations and elevations of existing underground utilities, improvements and related facilities. AKM will obtain all right-of- AKM Consulting Engineers AKM Proposal No. 08-2977 Page 0 City of Huntington Beach On -Call Civil Fncaineerinca Services way entry permits required for potholing. Potholing services will be provided by Saf-R-Dig, under the direction of Mr. Richard Hernandez as a subconsultant to AKM. Geotechnical Services Geotechnical services will be provided in support of preliminary or final design activities. Soil borings will be conducted as necessary to define conditions and provide design recommendations. Geotechnical investigations are particularly important in areas such as Huntington Beach, where poor soil conditions, high groundwater, and hydrocarbon contamination are commonly encountered. Geotechnical services will be provided by Leighton Consulting Group under the direction of Mr. Djan Chandra, P.E., G.E., as a subconsultant to AKM. Preliminary Design Our preliminary engineering services will consist of the following: ■ Investigation of existing facilities. Defining current deficiencies, and identifying potential alternatives for remediation. ® Analysis of potential alternatives including: feasibility; constructability analysis; project impacts on surrounding facilities and community; potential negative impacts with recommended mitigation measures; and cost/benefit analysis, including breakeven analysis. ® Detailed preliminary design, including drawings, details, and calculations necessary to appropriately define the project so that design challenges, construction costs, and project implementation schedules can be accurately determined. • Determine requirements for obtaining necessary permits from the City, utility companies, resource agencies, and other impacted agencies, as necessary to construct. ■ Determine construction impacts and develop mitigation measures as appropriate. • Preparation of a preliminary design report or memorandum which fully presents all information, and . provides recommendations for project implementation. Deliverables AKM will prepare reports, preliminary plans, and preliminary engineer's estimate in MS Word and AutoCAD. The project improvement plans will be drawn to an appropriate scale. Generally, V=40' for pipeline or street improvement plans; V=5' for site plans; and '/2"=1' for details. AKM will submit to the City for review, comment and approval, Preliminary Plans and Specifications and Preliminary Engineering Design Reports, which will be considered to be at the 25 percent design level. C-3 Final Engineering Documents and Preparation of Contract Documents AKM's Final Engineering Documents will include all engineering required to carry out the concepts agreed upon in the Preliminary Engineering Design Phase. Final Engineering will include detailed engineering calculations, designs, right-of-way determination, construction plans, specifications and special provisions, and engineer's estimates for the Project. The plans, specifications and the cost estimates will be complete and suitable for bidding purposes. Required Permits and Easements AKM will, on behalf of the City, discuss, review, apply for and obtain any permits and easements required by the appropriate companies and agencies, as directed by the City. Environmental documentation and permits including negative declaration, environmental impact reports, and processing through the California Coastal Commission will be handled by Ninyo and Moore under the direction of Mr. David Shaler, P.G., R.E.A. as a subconsultant to AKM. We will prepare necessary legal descriptions and maps, in a form approved by the City to process and acquire any necessary easements. We will identify property lines, existing easements and proposed easements, if AKM Consulting Engineers AKM Proposal No. 08-2977 Page 1 City Of I fUntingt n Beach On -Call Civil Engineering Services any are required, of a permanent or temporary nature, for construction of the Project. The City shall acquire any required right-of-way or easement and file them with the County of Orange; however, AKM will prepare any sketches and legal descriptions necessary to effect these transactions. All permit fees shall be borne by the City. Final Desiqn Based on our investigations and designs, AKM will prepare the construction documents and contract specifications in the City's format. They will include the City's Standard Specifications, contract documents, detailed construction plans, specifications, special provisions and an itemized cost estimate of the proposed work. AKM will prepare all necessary documents, including the following: Title sheet, location map, vicinity map, and signature blocks applicable to the Project; General notes sheet with appropriate general excavation, shoring and miscellaneous notes and symbols and abbreviations; Detailed construction drawings and details of the proposed improvements, including structural and electrical designs; Construction phasing plans, as needed; and Applicable City standard plans and specifications and AKM's standard plans as required. Preparation of Traffic Control Plans AKM will prepare traffic control, signal and/or stripping plans, as necessary, for the proposed work. AKM will submit to the City's Traffic and Transportation Division plans for review and approval. Traffic plans will be prepared by Traffic Control Engineering under the direction of Mr. David Kuan, P.E.. Deliverables We will prepare contract documents including bid proposals, specifications, special provisions and final engineer's construction cost estimate in MS Word 2003 format. All drawings will be provided in AutoCAD 2007 format in accord with the City's preference and upon completion of the Project. We will also provide to the City complete plans drawn in ink on Mylar film on the City's approved standard size sheets, with the City's standard title block format. During the Final Design Phase, AKM will submit to the City the following for review, comment, approval and use: Submittal Data 60% Plans, Specifications, Cost Estimate 90% Plans, Specifications, Cost Estimate 100% Original Mylars (full size), Specifications and Cost Estimate AKM principals will perform routine and final review of documents prior to signing to ensure accuracy, conformance and integrity of all plans and specifications. AKM will assist the City in securing construction bids, and will evaluate and make recommendations for award of the construction contract. During the bidding process, we will assist the City in providing clarification for questions, and prepare and issue addenda as needed for questions that may arise during the bidding process. We will also attend job -walks and the pre -bid meeting, and record the minutes of the meetings. Construction Administration and Inspection AKM Consulting Engineers AKM Proposal No. 08-2977 Page 2 City of Funtington Beach On -Call Civil Enaine erina Services AKM will assist the City's Public Works Department in general contract administration for the construction of the Project. The tasks of Contract Administration will include the following: Provide site visits as required; Provide office engineering consultation, as required, and coordinate with the City in administration of the construction contract; Prepare supplementary sketches and details as required to resolve field construction problems that may be encountered; Negotiate, prepare and process change order(s) and/or extra work order(s) as needed. Construction Staking If required by the City, AKM will provide field survey party(ies) to perform construction staking for the Project. The survey party(ies) shall be under the direction of a Licensed Land Surveyor. This service would be provided by California Survey under the direction of Mr. Ted Krull, PLS as a subconsultant to AKM. Review of Shop Drawings, Equipment and Material Tests Coordination AKM will review all construction shop drawings for complete conformance with the contract plans, specifications and documents. AKM will determine and certify to the City that any deviations or substitutions submitted by the Contractor to be equal to or of better quality than specified in the contract documents. We will make our recommendations and review with the City's staff all substitutions and receive the City's concurrence prior to approving any substitution. Our proposals will be based upon two reviews of the shop drawings. Any additional review costs shall be born by the Contractor. AKM will coordinate and assist in verification of intermediate and final operation. Start-up assistance will also be provided as appropriate for the project. AKM will obtain as -built drawings as marked by the inspectors and/or Contractor during the course of construction. This information will be used in preparation of the construction record drawings. We will prepare and submit three (3) copies of the full size prints, the full size reproducible Mylar originals, and the electronic files of the construction record drawings in AutoCAD 2007. SECTION D - METHODOLOGY AKM utilizes a project management approach that focuses on completing technically outstanding projects on time, and within budget. Our methodology is described below. The engineering organization and the Project Teams proposed by AKM are structured to respond to the technical and managerial requirements of the project by assigning very senior, highly qualified personnel. They will function in a simple organization with clear lines of delegated authority and responsibility. Our Project Manager will be the principal point of contact with the City of Huntington Beach, and will have full technical and administrative responsibility for the project. The team assembled for the project includes all of the major disciplines required to expeditiously complete the assignments. AKM Consulting Engineers AKM Proposal No. 08-2977 Page 3 City o Huntington Beach On -Call Civil Enciin erinq Services Preparation of our Management Plan will be one of the first tasks undertaken for each project. The Management Plan will define project roles and responsibilities, communicate management philosophy, and establish project procedures and policies. Specifically, our plan will include: • Project Policies and Procedures consistent with those of the City. These procedures will cover document control, lines of communications with the City, sign -off procedures, report formats, and billing instructions. ® Project Performance Plan to identify specific work scopes on a task -by -task basis, assign schedules and budgets to each of the tasks establishing the base for subsequent control. ■ Management Information System using AKM's computer -based Management Information System and its database arranged such that reports can be generated in a format consistent with the City's requirements. D-3 Quality ontrol Plan A key element in the successful completion of any project is the implementation of a quality assurance/quality control program. Success is achieved through the efforts of qualified professionals effectively employing their skills and following a deliberate program of quality assurance to monitor and verify that the quality control plan is followed. For each project, AKM utilizes a project quality control plan that includes the following items: © Review of project deliverables, and definition of procedures and required standards. ® Description of specific quality control procedures to be followed in specific activities, including the level and frequency of review required. ® Identification of elements of the project requiring special quality control attention or emphasis. Identification of technical experts required for review and consultation. Estimate of resources required for quality control functions. To effectively manage the entire team's work and ensure that all activities are coordinated, AKM will prepare and issue a project procedure protocol to all team personnel. The project procedures will cover communications, documentation, project files and other project specific procedures. Work Plan AKM will develop a detailed work plan identifying all tasks, activities, reports and other documents to be produced, the required work -hours and the start and completion dates for each. Budget Based on the work plan, a detailed budget will be developed covering labor and other expenses for each task group or work breakdown component. The budget will be time -phased to provide the base for financial control. Schedule The schedule will be a time -phased critical path network showing the interdependencies between various activities and designating project performance milestones. AKM Consulting Engineers AKM Proposal No. 08-2977 Page 4 City of Huntington Beach On -Cell Civil Lnaineerina Services QUALITY CONTROL FLOW CHART Project Team Function Quality Control Function Comments to Files +, Review Comments to Files ---► PROJF C F $PE lFIC r1�SKOlt•$i1SMITT1k INt3f I�p NT • ArzU;io'oN RtHCFi r Copies to Files QUJ1X ITC NTR ° Comments Rev ETAI 2; to Files T $FCIFIC 3U N.l14ITTAL Review Comments to Files `---------------- Q(i At_tTY Qii,FiTRCMt Q,". ,ACCFi*TlitdCl 'CO It S T FILE 1R �IN�r�A JI}�Y�iltPlt Acceptance to Files The Schedule for each project is developed to provide a reasonable performance period in line with the client's schedule. The schedules will be updated monthly, or more frequently if needed, and reviewed at progress meetings so that the City and AKM are aware of and can respond to critical items. In effect, they will become the master project control tools. AKM recognizes the Client's need for comprehensive, up-to-date information on project status. Monthly reports will be prepared in a format to be agreed upon with the City and will contain the following, as a minimum. e CONTRACT FACT SHEET Summarizing key contract data and status. • PROGRESS NARRATIVE Describing the key accomplishment during the reporting period, accompanied by charts and diagrams. ® SCHEDULE STATUS A discussion of the progress achieved during the month and to date as compared to the scheduled progress, and a discussion of factors affecting the schedule, accompanied by the updated schedule. AKM Consulting Engineers AKM Proposal No. 08-2977 Page 5 City of Huntington Beach On -Cell Civil Engiraeerinq Services m COST STATUS With narrative discussion of events occurring during the month which affect the estimate at completion. ® PROBLEMS AND ISSUES Including discussion of potential cost and schedule impacts, actions being taken to mitigate the problems, and action required by the City. ® MINUTES Minutes of the weekly progress meetings held during the month. SECTION E — STAFFING AKM Consulting Engineers has assembled a Project Team with extensive experience in the planning, design, and construction support for all aspects of water, sewer, storm drain, street improvement, site design, construction management, survey, traffic engineering, geotechnical studies, and structural design. All identified personnel will be assigned to the on -call services contract throughout the 3-year duration. AKM will not substitute personnel without prior written approval by the City of Huntington Beach rincipai-In-Charge Mr. Zeki Kayiran P.E., serving as Principal -in -Charge for this project, is a firm principal with over 37 years of experience in the planning, design, and construction of major water, wastewater and stormwater facilities. He will be the responsible representative of AKM to the City. In this capacity, Mr. Kayiran will provide project oversight and management direction. He will ensure that adequate and appropriate resources shall remain available to the project for the entire duration. Together with the Project Managers, he will participate in the overall schedule and project development process and will be available to contribute in all project -related matters. Project Manager — pipeline and Pump Station Design Mr. John Loague, P.E. is proposed to serve as Project Manager responsible for Pipeline and Pump Station Design. He is a Principal with AKM Consulting Engineers and has over 23 years of increased responsible experience in the design and construction of water and wastewater piping, pumping, and treatment facilities. He will coordinate the activities of the professional staff, and attend the review and coordination meetings with the City along with the Project Engineer. He will ensure that adequate and appropriate resources shall remain available to the project for the entire duration. He will participate in the overall schedule, and project development process and will be available to contribute in all project -related matters. Mr. Loague will serve as the day-to-day contact with the City ensuring that projects run smoothly, on time, and within budget, and coordinate, manage, direct and review the work of support staff, and subconsultants. By virtue of his broad experience with pumping and pipeline projects, and intimate knowledge of the City of Huntington Beach's water system in particular, Mr. Loague is well qualified to oversee and coordinate the anticipated work. Project Manager - Drainage/Hydrology Mr. Morgan Ying, P.E., the proposed Project Manager responsible for Drainage and Hydrology, is a water resources specialist with over 25 years of experience, with a background in the fields of hydrologic analysis and hydraulic design, sediment transportation, and flood control engineering. He has worked successfully with Orange, San Diego, Riverside, San Bernardino, and Los Angeles County Flood Control Agencies. QA1QC Mr. Bob Russell, P.E., has over 45 years experience, and will act as Quality Control Director responsible for quality assurance for the project. He will monitor methods and procedures of project implementation. His responsibilities will include exploring innovative technical approaches from the beginning of the project and reviewing the work at key milestones to ensure that the work product meets the high standards for technical excellence. AKM Consulting Engineers AKM Proposal No. 08-2977 page 6 City of I-luntington Beach Can -Call Civil Enaineerina Services Mr. Wong, P.E., S.E. is a structural engineering specialist with 30 years experience in civil and structural engineering. Responsibilities include design and analysis of various types of structures and buildings for several sanitation and water districts, counties, cities, land developers and the Department of Defense. Mr. Justin Lee, E.I.T., an Assistant Engineer with AKM Consulting Engineers, will serve as Electrical Engineer. Mr. Lee's previous work experience includes a range of water resources assignments related to electrical power and control designs for pump stations and treatment facilities which involves preparation of plans, specifications and cost estimates. Subconsultants The AKM Team includes the following specialty subconsultants (including a brief resume) to complete a technically superior project within the desired schedule. We have worked with these subconsultants on numerous successful projects. Geotechnical As Senior Project Engineer for Leighton Consulting, Inc., Djan Chandra, P.E., G.E. will direct and supervise geotechnical investigations and materials testing and inspection projects, review soil and foundation reports and specifications, provide technical guidance and support to the engineering staff. Mr. Chandra has over 16 years experience from the early planning, site investigation, laboratory testing, data analysis, report preparation through grading and construction of various types of civil facilities, including large-scale residential and commercial developments, transportation, governmental and utility projects. Environmental Services Environmental services will be under the direction of David Shaler, P.G., R.E.A. of Ninyo and Moore, a California Corporation, incorporated in 1986, is a multidisciplinary consulting firm that provides high -quality environmental and geotechnical consulting services, construction inspection and testing, engineering geology, hydrogeology, hazardous waste remediation and environmental assessment. Potholing Saf-R-Dig specializes in obtaining accurate subsurface utility information for creating utility base maps. The method used is non-destructive, minimally invasive, air/hydro/vacuum process that exposes the utility for visual verification, identification, inspection, measurements and documentation of the data for subsequent creation of the utility base maps. SAF-R-Dig immediately restores the affected areas to its original condition to the extent that it is sometimes difficult to tell that the task was performed. Surveying Surveying will be under the direction of Ted Krull, PLS, of California Surveying. Mr. Krull has over 30 years of professional experience in surveying work for various public agencies, as well as the private sector. His expertise includes aerial control, field topography, construction staking, GPS control, boundary, cadastral, ALTA and hazardous material surveying. Traffic Control Traffic Control Engineering, under the leadership of David Kuan, P.E., R.T.E., has a substantial track record in preparing Traffic Management Plans and Construction Traffic Control Plans. Its familiarity with local government requirements will be a great asset in assuring a timely and cost effective project. AKM Consulting Engineers AKM Proposal No. 08-2977 page 7 A � f City of I luntington Beach On -Call Civil Engineerinq Services AKM Consulting Engineers' proposed key project staff has proven record of accomplishments and are recognized specialists in water transfer project design and construction. Detailed resumes with related experience follows. The key staff members dedicated to the proposed project will be as follows. - PROJECT ORGANIZATION CHART AKM Consulting Engineers AKM Proposal No. 08-2977 page 8 EXHIBIT ">B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. See Exhibit B.1 — Proposed Hourly Fee Schedule Total fees shall not exceed Two Million Dollars ($2,000,000.00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit. CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by City authorized representative(s). 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due and remaining balance; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Suffnet Exhibit B EXHIBIT B Fixed Fee Payment EXHIBIT B.1 CITY OF HUNTINGTON BEACH ON -CALL CIVIL ENGINEERING SERVICES FEE SCHEDULE Labor Classification Hourly Rate 1. Principal $200.00 2. Principal Engineer $190.00 3. Project Manager $185.00 4. Associate $180.00 5. Project Engineer $175.00 6. Senior Engineer $160.00 7. Associate Engineer $120.00 8. Financial Analyst $95.00 9. Inspector $90.00 10. Assistant Engineer $87.00 11. Senior Designer/Senior CADD Technician $90.00 12. Designer/CADD Technician $85.00 13. Engineering Technician $75.00 14. Engineering Aide $55.00 15. Data or Word Processing $66.00 16. Office Support $60.00 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 $0.70/mile. This schedule of rates is in effect until June 30, 2011, at which time it may be adjusted. AKM CONSULTING ENGINEERS June 2008 Client , 974 ACORD., CERTIFICATE OF LIABILITY INSURANCE DATE (MM(D 10116108DIYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. Ca. Box 12675 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604.2675 510 465-3090 INSURERS AFFORDING COVERAGE INSURED - AKM Consulting Engineers, Inc. INSURERA: Hartford Casualty Insurance Co. INSURER B: American Automobile Ins. Co. 553 Wald Street INSURERC: St. Paul Fire & Marine Ins. Co. Irvine, CA 92618 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY DATE M EXPIRATION LIMITS A RENERALLIABILITY 57SBALU8719 09120/08 09120109 EACH OCCURRENCE $2,000,000 FIRE DAMAGE (Anyone 9re) $300000 X COMMERCIALGENERAL LIABILITY CLAIMS MADE a OCCUR MED EXP (Any one£erson) $10,000 PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE $4 00O 000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OPAGG $4,000000 POLICY X JEGOT LOC A AUTOMOBILE LIABILITY ANYAUTO 57SBALU8719 09120/08 09/20/09 COMBINED SINGLE LIMIT (Ea sodden) $2,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON -OWNED AUTOS i� T A� A�l D r i\1V1 BODILY INJURY (Per ecddenL) $ PROPERTY DAMAGE (Per acddent) $ (/1�®�ED `�;- JEF .[VIe�iRAT C' Attorn GARAGE LIABILITY ANY AUTO l �� AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ $ AUTO ONLY: AGG A EXCESS LIABILITY 57SBALU8719 09/20108 09120/09 EACH OCCURRENCE $1,000,000 X1 OCCUR CLAIMS MADE AGGREGATE $1,000,000 $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS'LWBILITY WZP80963882 09120/08 09120/09 X WDRY C $_ M T OTR E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE EA EMPLOYEE $1,000,000 E.L. DISEASE-POLICYLIMIT $1,000,000 C OTHER Professional QP03801912 09/20108 09/20/09 $1,000,000 per Claim Liability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability Policy excludes claims arising out of the performance of professional services. Ref: As needed Water Engineering Services. (See Attached Descriptions) City of Huntington Beach Attn: Risk Management 2D00 Main Street Huntington Beach, CA 92648 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER W1k4[RM=Wj TOMAILA0 DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, I( TWE ACORD 25-5 (7197)1 of 2 #M237099 NMF 0 ACORD CORPORATION 1988 D-ESCRIPTIONS (Continued) from Page 1) BUSINESS LIABILITY, NON -OWNED and HIRED AUTOMOBILE LIABILITY ADDITIONAL INSURED: The Certificate Holder* and any other person named in the written contract between the Named Insured and the Certificate Holder. The coverage afforded is pursuant to Section C., Who Is An Insured, Sub Section 6„ Additional Insureds When Required By Written Contract, Written Agreement Or Permit, Subsection f. Any Other Party of the Business Liability Coverage Form, Form No. SS 00 08. *ADDITIONAL INSUREDS PER POLICY FORM WORDING: The City of Huntington Beach, its officers, agents and employees. Primary insurance and severability of interests apply per policy form. Professional Liability Deductible = zero. AMS 25.3 (6Tl9T) 2 of 2 OM237099 Insurer: Hartford Casualty Insurance Co. Insured: AKM Consulting Engineers, Inc. Policy Number: 57SBALU8719 Policy Period: 09/20/08 — 09/20/09 Ref: As needed Water Engineering Services, ADDITIONAL INSUREDS: The City of Huntington Beach, its officers, agents and employees. EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified In Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional Insured on your policy, provided the Injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products- completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury, "property damage" or "personal and advertising Injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, Including: inspection, or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. E.7.b.(7).(b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non- contributory with the additional insured's own Insurance, this Insurance is primary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. EXCERPT FROM Hartford Form SS 04 38 06 01 HIRED AUTO AND NON -OWNED AUTO B. With respect to the operation of a "non -owned auto", WHO IS AN INSURED is replaced by the following: The following are "insureds": d. Anyone liability for the conduct of an "insured", but only to the extent of that liability. RFP NOTIFICATION LIST FOR: ON -CALL CIVIL ENGINEERING SERVICES Title FirstName LastName JobTitle Company Addressl City State PostalCode email phone Mr. John Loague, Principal AKM 553 Wald Irvine CA 92618 ;loa.uegakmce.com (949) Consulting 753- Engineers 7333 Mr. Randall Berry Design Harris & 34 Irvine CA 92614-4705 rberrygharris-assoc.com (949) Development Associates Executive 655- Manager Park 3900 Suite 150 x314 Mr. Matthew Thomas Water/Wastewater Boyle 1501 Quail Newport CA 92658-9020 mthomasgboyleengineering.com (949) Practice Leader Engineering Drive Beach 476- PO Box 3307 735 Mr. Mark Miller Vice President, Brown & 400 Irvine CA 92602 mwmiller(a brwncald.com 714- Operations Caldwell Exchange 689- Manager Suite 100 4816 Mr. Johnathan Hou Principal AES — 1322 Bell Tustin CA 92780 JPHou(a)axiomes.net 714- Axiom Avenue 247- Corporation Suite 1G 1002 Mr. Mark Komoto Senior Parsons 505 S. Orange CA 92868 komotoL&pbworld.com 714- Supervising Brinckerhoff Main 564- Engineer, Water Street, 2791 Resources #900 Mr. Steven Andrews President Steven 26501 Lake CA 92630 email a�sandrewsengineering.com 714- Andrews Rancho Forest 571- Engineering Parkway 5500 South Suite 204 Mr. Nick Kanetis Senior Vice Richard 3710 San Diego CA 92123 nkanetis(&_rbrady.net 858- President Brady & Ruffin 496- Associates Road 0500 Mr. Harvey Gobas Senior Project Psomas 3187 Red Costa CA 92626 hgobas(a psomas.com (714) Manager, Water Hill Mesa 751- and Natural Avenue, 7373 Resources Suite 250 G:AEngineering Division\WAGNER\On Call Civil UP 2008\On Call Civil RFP Data 4-8-08.doc Pagel of 2 10/17/2008 RFP NOTIFICATION LIST FOR: ON -CALL CIVIL ENGINEERING SERVICES Title FirstName LastName JobTitle Company Addressl City State PostalCode email phone Mr. Ali Pakzad President APA 23282 Mill Laguna CA 92653 apakzadggpaeng corn (949) Engineering, Creek Dr., Hills 770- Inc. Suite 160 4429 Mr. Rick Kreuzer Chief Operating Bryan A. 1360 Diamond CA 91765 rkreuzer(a,bas.com (909) Officer Stirrat & Valley Bar 396- Associates Vista Drive 9777 Mr. Kamran Saber, PE Director of Norris- 400 N. Santa Ana CA 92705 ksaberLamorrisrepke.com 714- Engineering Repke Tustin 973- Services Avenue, 2230 Suite 230 X112 Mr. R.H. Cahl P.E. President Jones, Cahl 18090 Huntington CA 92648 7ca(cbjonescah1.com 714 - & Beach Beach 848- Associates Blvd. Ste 0566 Inc 12 Robbie Mahmood Principal APD 188 Irvine CA 92618 robbiem@apdcon.com 949- Consultants, Technology 336- Inc. Dr., Suite B 6336 14 Companies NOTE: THE ON -CALL CIVIL ENGINEERING SERVICES REQUEST FOR PROPOSAL (RFP) WAS POSTED ON THE CITY OF HUNTINGTON BEACH WEB SITE FROM MAY 30, 2008 UNTIL THE CLOSE DATE OF JUNE 26, 2008; THEREFORE, THIS RFP WAS OPEN TO ADDITIONAL QUALIFIED FIRMS. WEngineeiing Division\WAGNER\On Call Civil RFP 2008\0n Call Civil RFP Data 4-8-08.doe Page 2 of 2 10/17/2008 Professional P� esi fir' i Contracts Purchasing i h i ag Certification 1. Date: 10/14/2008 3. Department: Public Works 5. Name of consultant: AKM Consulting Engineers 2. Contract Number: PWK 0(2 FaiiS 00 4. Requested by: James Wagner 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. The written statement (i.e. RFP) was provided on the City's Web Site and and on Exhibit "A" of the attached Professional Services Contract for As Needed Engineering Services. 7. Amount of the contract: $2,000,000.00 8. Are sufficient funds available to fund this contract?' ® Yes ❑ No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10. Business Unit and Object Code where funds are budgeted: Business Unit and Object Code are available within the budgeted capital improvement projects. 11. Is this contract less than $50,000? ❑ Yes ® No 12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 13. Is this contract over $100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 14. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). See attached document entitled "RFP Notification List for On -Call Civil Engineering Services." 16. Attach proposed scope of work. Scope of Work on Exhibit "A" of the attached Professional Services Contract for As Needed Engineering Services. 17. Attach proposed payment schedule. Payment Schedule on Exhibit "B" of the attached Professional Services Contract for As Needed Engineering Services. Department He Signature RICHARb AMADRIL Central Services Manager 1. If the answer to this question is "No," the contract will require approval from the City Council. City ®f Huntington each 2000 Main Street • Huntington Beach, CA 9264-8 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 2, 2008 AKM Consulting Engineers Attn: Zeki Kayiran 553 Wald Irvine, CA 92618 Dear Mr. Kayiran: Enclosed for your records is a copy of the Professional Services Contract between the City of Huntington Beach and AKM Consulting Engineers for As Needed Engineering Services. Sincerely, JF:pe Enclosure G:foilowup.agnntltr Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) INITIATING DEPARTMENT: Public Works SUBJECT: Approve Professional Services Contracts for As Needed Civil Engineering Services COUNCIL MEETING DATE: November 17, 2008 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RCA Author: J. Wagner:jg