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CONTRACT 4836A CLOSED Agreement No. 4836A FIRST AMENDMENT TO AGREEMENT NO.4836 BETWEEN THE CITY OF EL SEGUNDO AND AKM CONSULTING ENGINEERS THIS FIRST AMENDMENT ("Amendment") is made and entered into this 12th day of December, 2016, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("CITY"), and AKM CONSULTING ENGINEERS, a California corporation ("CONSULTANT"). The parties agree as follows: 1. Pursuant to Section 35 of Agreement No.4836("Agreement"),the Agreement is amended to extend the term of the Agreement through to September 30,2017. The parties expressly intend for this Amendment to take effect retroactively as of October 1, 2016. 1 The Agreement is amended to replace the services set forth in the Agreement with the services set forth in the attached Exhibit"A,"which is incorporated by reference, as the SCOPE OF SERVICES that CONSULTANT agrees to perform in accordance with the Agreement. Such Work must be completed in accordance with the unit rates set forth in the Agreement. CITY may adjust such amounts in accordance with the Agreement. 3. Pursuant to Section 35 of the Agreement, the Agreement is amended to increase the amount of the contract by an additional sum of thirty-two thousand dollars and zero cents ($32,000.00)for the additional Work authorized by this Agreement. Such amount will be paid, and may be adjusted, as set forth in the Agreement. The total contract sum is now not to exceed fifty thousand, nine hundred and fourteen dollars and zero cents ($50,914.00). 4. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 5. Except as modified by this Amendment,all other terms and conditions of Agreement No.. 4836 remain the same. [SIGNATURES ON NEXT PAGE] 1 Agreement No. 4836A IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written. CIT EL;,' 3L)'NlD-l( AKM CONSULTING ENGINEERS Greg C• enter Aki Kayiran,P.E. City J'�, ,.r iricipa�� city M ager President and Pt ATTEST: Taxpayer ID No. 330422066 1,11% ly W14yer, Clerk APPROVED AS TO FORM: Mark"" Hensl , I ey, for— City Attomey 2 Agreement No. 4836A EXHIBIT"A" !On Water AW Resources AIM WII NNirM NOW III Infrastructure AKM Consulting Englneem Construction 553 Weld Management Irvine,CA 92618 Telephone:949.753.7333 Municipal Facsimile: 949.753.7320 Services www.akmce.com December 8,2016 City of El Segundo 350 Main Street El Segundo,CA 90245 Attention: Mr.John Gilmour Subject: Revised Proposal to Provide Construction Inspection Services for the City of El Segundo-Fiber Optic Network Expansion Dear Mr.Gilmour: AKM Consulting Engineers is pleased to submit this proposal to provide construction inspection services for the City Wide Fiber Optic Network Expansion. Our proposed scope of services and fee estimate are as follows: TASK 1-PRECONSTRUCTION ACTMTIES A. Prior to beginning the project, the Construction Inspector will be completely familiar with the project plans, specifications, applicable City standards and the standards of other agencies having jurisdiction over the project as well as all other construction related documents. He will also become familiar with traffic control plans, the baseline construction schedule, construction sequence, and permit requirements. Any questions regarding interpretation, meaning or intent arising from the review shall be clarified with the City and/or the design engineer prior to commencement of the project. B. AKM will schedule a pre-construction conference.The meeting will be attended by representatives of the City of El Segundo, AKM, the Contractor, and all other project stakeholders such as local authorities including police and fire departments, other affected utility/facility owner's personnel, affected community members such as residents,the local school district or nearby business owners and any other regulatory agency having jurisdiction over the project The meeting will review the project objectives,introduce key personnel for the City,AKM, Contractor and define their roles on the project, discuss the Contractor's initial Construction Schedule; review labor compliance requirements,progress payment procedures,and project record keeping; establish project lines of communication,appropriate project site conduct,and other project procedures;and discuss public relations concerns and procedures including required Public Notices. Potential utility and traffic safety problems shall be discussed. A written record of attendance and detailed meeting minutes of items discussed will be prepared and distributed to all attendees by AKM. AIM will distribute a draft copy of the pre-construction meeting minutes to the City for initial review and comment prior AXM Plnoposot,1r15-1034 Agreement No. 4836A City OfEbsegando• December 8,2026 AttentConi W.Joh i cra notw Pale z to distributing the draft minutes to the other attendees for comment After incorporating all comments,AKM will distribute a final copy of the pre-construction meeting minutes. C. The Construction Inspector will thoroughly review the traffic control plans prior to beginning the project. The traffic control plans will be the basis for verifying compliance when reviewing the Contractor's traffic control measures and maintenance throughout the duration of the project Any potential concerns with the traffic control plans will be brought to the attention of the City. At a minimum, the Construction Inspector will review the traffic control daily after it is mobilized to verify it is being maintained intact and as designed, and that traffic control devices have not been tampered with or disturbed from their intended positions. TASK 2—CONSTRUCTION PHASE A. In an effort to define and review existing construction issues, as well as coordinate project elements, AKM will schedule weekly construction progress meetings. Attendees will typically include key representatives from the City of El Segundo,AKM, the Contractor and other agencies having jurisdiction over the project The Construction Inspector shall attend regularly scheduled construction progress meetings. The following are typical items that are addressed during meetings: Work completed during the previous 2 weeks, overall schedule review,submittal status, schedule of work for the next two weeks, future items requiring coordination, RFI status, as-built drawing maintenance, progress payments, contract change orders, materials and equipment delivered,site maintenance and safety, neighboring property owner comments and concerns, and Contractor performance relative to project schedule,cost,and frequency of non-compliance notices and/or corrective work B. AKM will process Contractor submittals and distribute them to the City for review. The Construction Inspector will pre-screen submittals to verify they are complete and relevant prior to distributing to the City for technical review. AKM will create a project submittal register to track each submittal and identify the date the submittal was received by AKM,the date it was transmitted to the City for review,the date the submittal was returned by the design engineer and City and the noted status of the submittal(no exceptions taken,revise and resubmit,make corrections noted or submit specified items), and the date submittal was returned to the Contractor. The submittal register will also track each re-submittal as noted above when re-submittal for an item is required. AKM will distribute the comments back to the Contractor as well as the final submittals. C. Requests for information, submittals, shop drawings, proposed contract change orders and plan revisions will be processed, tracked and logged both in hardcopy and in electronic format At the conclusion of the project, AKM will submit electronic copies of all project correspondence, submittals,meeting notes/minutes,contract change orders and schedules in DVD format, or other format acceptable to the City. D. The Construction Inspector will review the completed work quantities at the conclusion of the work with the Contractor's Field Superintendent and/or Project Manager at the project site. AKM will review the Contractor's updated as-built drawings at this time. The Contractor will then submit a payment request on a form acceptable to the City to AKM for approval, including any and all required paperwork AKM will review the payment request for accuracy and completeness and review any other required paperwork such as certified payroll reports, statements of compliance and updated progress schedules. If AKM discovers errors, the Contractor will be notified for AYJ4 Proposab 15-1034 Agreement No. 4836A city of El se M& aece O"8,2016 Atteottow Mr.JoiwvQ iw~ Pao&3 corrections. Once the payment request and all required paperwork are correct,AKM will forward them to the City with a statement of AKM's recommendation for payment. E. Inspection of the work will be provided to ascertain that the work is done in accordance with the requirements of the Contract Documents,and permits. A dated photographic log will be kept by the Construction Inspector during the prosecution of the project Time stamped and dated photographs will be included in the daily report with descriptive captions of each photograph. All project photographs will be stored electronically on a DVD,saved with descriptive file names and date taken for easy identification. They will be submitted to the City weekly,or any other duration desired by the City. F. AKM will verify that the Contractor has notified all affected utilities for the project This will entail verifying that the Contractor has contacted Dig Alert and that all utilities have clearly marked the location of their facilities. AKM will not permit the Contractor to begin construction activities prior to all affected utilities being notified and all underground utilities being clearly marked. During exploratory excavations, "potholing," the Construction Inspector will provide inspection verifying that the utility is located, accurately measured and documented, and any conflicts are identified. When utility conflicts are encountered,AKM will verify that the Contractor immediately notifies the utility owner as well as the City. AKM will continually keep the City informed of all utility coordination and relocation issues until resolution. G. When the Construction Inspector determines the Contractor's work in progress or completed work to be deficient and not in conformance with the contract requirements, or that the Contractor has refused to comply with the Contract,a non-compliance notice will be issued. The Contractor's Field Superintendent will immediately be verbally notified of the non-compliance and the requirement for corrective action to be taken. AKM will follow up with a written notice,on a form acceptable to the City,sent to the Contractors address on record. The form will reference the date and time the non-compliance was determined, the name of the Field Superintendent who was notified,sections of the project specifications and/or pages of the plans that substantiate the non-compliance, a thorough description of the non-compliance, how the work was determined to be non-compliant (inspection, testing, or other means), the estimated value of the non-complying work and if the work is defective and is to be repaired/corrected or if the work is rejected and must be removed and replaced with work complying with the plans,specifications and all applicable regulations. The form will be signed and dated by the Construction Inspector and sent to the Contractor via regular mail. An electronic PDF copy will also be immediately transmitted to the Contractor via email. The form will contain a signature block for the Contractor to sign, date and send back to AKM to acknowledge receipt H. We will provide geotechnical and field materials sampling and testing, including aggregate base, soil, fill material, asphalt concrete sampling and testing; soil, aggregate base, and asphalt compaction testing through a qualified subconsultant The Construction Inspector will coordinate with the subconsultant to schedule materials testing and sampling as necessary during construction. A breakdown of the testing anticipated is included with our fee proposal. 1. Daily reports will be created by the Construction Inspector for each day on the project The daily report will contain a written summary of work completed and all construction activities occurring at the site. The summary will contain specific times and durations that work or events occurred. The daily report will also document weather conditions; drawing, specification and stationing AKM Propos"Is-1034 Agreement No. 4836A city of ELSetwid& Vwzo ber 8,2015 Attevzaru Mr.,joh4i4arw+ ur Pa ei4 references for work completed; traffic control measures taken by the Contractor; quantity of materials used; quantity of materials not used yet stored on site; equipment on site and whether the equipment was used; time that equipment was used on the project; and the names, labor classifications, and hours worked for all Contractor Employees including subcontractors. Detailed descriptions will be provided to document any conversations with the Contractor's Field Superintendent or other Contractor Personnel, information given to the Contractor, non- compliance notices issued,any construction issues identified by the Contractor,and any visitors to the project site and their purpose for being there. The Construction Inspector will make notations in the daily report regarding the safety measures employed by the Contractor; any safety concerns, violations, or deficiencies noticed; and action taken by the Contractor to correct them. The daily report will also contain notations regarding potential conflicts that may result in a request by the Contractor for a contract change order. If no issue or conflict is discovered for a particular day,the Inspector will note that in the report Time noted and dated photographs of construction activities will be included in the daily report Sketches, drawings, or details will be prepared by the Construction Inspector as necessary to explain and document daily construction activities,and will be included in the daily report Daily reports will be completed the same day the inspections were conducted to ensure the accuracy and completeness of the report Signed copies of the report will be transmitted to the City weekly or at any other frequency desired by the City. The Construction Inspector will make daily observations at the project site to verify compliance with the City's NPDES permits and requirements,SWPPP plans and all other local,state,and federal laws and regulations. When non-compliance is determined, the Contractor will be issued a non- compliance notice. J. All construction related correspondence transmitted to the Contractor will be routed through AKM. The City will be copied on all correspondence transmitted by AKM to the Contractor or any other organization/agency involved. RFI's will be sent directly to the City of El Segundo. K. The Construction Inspector will continually monitor that the Contractor is keeping accurate record as-built drawings reflecting the actual locations, materials, quantities and dimensions of the work constructed including differences resulting from shop drawing revisions, and change order modifications. The Construction Inspector will also maintain a record set of as-built drawings and immediately update the drawings as soon as any variances are known. At the conclusion of the project, the Construction Inspector will review the Contractor's as-built drawings to verify that all variations from the original contract drawings have been accurately recorded. L. During the course of the project AKM will interpret and enforce the requirements of the Contract Documents. The Construction Inspector will preemptively monitor for potential conflicts that may result in a contract change order. Daily notations of any conflicts observed or potential contract change orders will be made in the daily reports noting the time of a dispute,time of notification by the Contractor and of any action taken by the Inspector. Detailed accounts of any disputes with the Contractor relating to the project scope of work will also be documented in the daily report AKM will immediately notify the City in writing when a conflict,dispute,design problem and/or potential contract change order arises. Contract change order proposals and/or claims will be received by AKM Pmposa&15-1034 Agreement No. 4836A cay of FbSege.*U1& Decembex 8,2016 Atten#Loru Mr.Joh+v(jaowLw Paq&5 the Construction Inspector and reviewed for merit and reasonableness of cost. The change order or claim will be forwarded to the City for review and comment. AKM will also prepare a written justification for the contract change order or recommendations for claim resolution including a schedule impact analysis, cost estimate, a detailed description of the extra work, background information surrounding the issue, resolution alternatives and recommendations for action by the City. AKM will maintain cost accounting records on authorized work performed under unit costs, actual cost for labor and materials, and other required basis for accounting records.AKM will not authorize any extra work or change order without conference with and prior written approval by the City. TASK 3-POST CONSTRUCTION PHASE A. Once AKM determines the project has reached completion and are notified the same by the Contractor,the City will be notified and a final inspection/walk through will be recommended. It is anticipated that the final inspection/walk through will include City Engineering staff, City maintenance staff,and the AKM Inspector. B. Based on the findings and results of the final inspection/walk through, AKM will develop a punch list of work to be completed and/or corrected. The punch list will be broken down into categories based on project specifics, for example: conduit, paving, right-of-way, and appurtenances. When the punch list is submitted to the Contractor, AKM will obtain the Contractor's schedule for completing the punch list. AKM will conduct inspections based on the Contractor's punch list completion schedule and verify that all items are complete. C. During project closeout, AKM will obtain from the Contractor any and all required guarantees, certifications, affidavits, warrantees, and other documents required by the project's Contract Documents. AKM will review the documents to verify that they are complete and accurate. AKM will notify the Contractor of incomplete or inaccurate documents and obtain revisions. Once complete,AKM will transmit all of the documentation described above to the City. When AKM has ascertained that all work under contract has been completed and that the Contractor has fulfilled each and every aspect of the contract, AKM will review and recommend payment to the City of the Contractor's final payment and release of retention funds. Following the processing of the Contractor's final payment, AKM will transmit all original project documents and electronic copies to the City. We propose to complete this scope of work on a time and materials basis for a fee not to exceed $50,914 as detailed in the attached Work Hour and Cost Estimate table.Our proposed materials testing sub-consultant's scope of work and cost breakdown has been attached herein for reference. We will be happy to review the scope of work and the associated work hours, and make any requested adjustments to fit the City's planning and budget Out of pocket expenses(blue printing,reproduction and printing,delivery,subcontracted services,etc.) will be invoiced at cost plus 10%in order to cover costs associated with administration,coordination and management of subcontractors. Mileage will be invoiced at$0.65 per mile. AKM Propowb15-1034 Agreement No. 4836A City of E1'SqW_nd& Vecembw 8,2016 Attsntfovtt mr.joh+v(jam~ fm(j r'6 WORK HOUR AND FEE ESTIMATE Project/Construction Total Geoluchnical Task Description Construction Inspector Manager Hours SeVices ]Expenses Total Cost Ore-construction I __ 'IDocument Review 2 F $200 Pre-Construction Conference 2 2 p $430 Su Iota-Hours-Pre-Construction Phase 41 2 6 Subt4)"I-Cost7 P(v-00"%Ir0C1'0n Phase $230 $6 lConstruttlan Phase ... ......... A Initial Schedule IT �......�.......y........ 8 Pro e�nalysis ................. 12 ress meetings 4 49 C Submittal Management .................. $23C G Inspection S40,00C H Contract Change Orders and Claims $230 Subtotal-Hours-Construction Phase 403 20 410 Sublotal-Cost CumtructIon Phase W0001 $1,150 $6,804 $49,454 Post Construction Phase A_Flnal InspectionfWalk Through 4 S" 8 Punch list Preparation and Inspection 2 $200 C Final Prolect Report and Documentation 21- Subtotal-Hours-Post Construction Phase 6 2n 1 a Ili Subtotal•Co"-Po 5t Con str u r3Ion Phase 600 2301,_ 1____L01 sam Total Hours 1 HourlyRateJyHr� 1251 96 Total Can $4: $2,6101 1 $6,W4 $1"00 $50,914 We appreciate the opportunity to submit our proposal and look forward to being of service to the City of El Segundo on this most important project. If you should have any questions or require additional information,please do not hesitate to contact the undersigned. Very truly yours, AKM Consulting F Emin Kayiran Senior Construction Manager AM PropowbIS-1034