CONTRACT 5276 CLOSED Agreement No. 5276
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
AKM CONSULTING ENGINEERS
This AGREEMENT is entered into this 8tl�i � 1' @ r to°v. 2017, by and between the
CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and AKM
CONSULTING ENGINEERS, a California Corporation ("CONSULTANT").
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed Sevem Y„..1`k1,l,wee,_„`,11100S id. Seven Hundred Eig�',lty dollars ($73,780), plus a
contingency amount of Ten Thousand Dollars ($10,000), for CONSULTANT's
services. CITY may modify this amount as set forth below. Unless otherwise
specified by written amendment to this Agreement, CITY will pay this sum as
specified in the attached Exhibit"A,”which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit "A,"which is
incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required
of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne
by CONSULTANT.
Agreement No. 5276
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A")
the tasks performed, the percentage of the task completed during the billing period, the
cumulative percentage completed for each task, the total cost of that work during the preceding
billing month and a cumulative cash flow curve showing projected and actual expenditures
versus time to date.
5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for
current services are within the current budget and within an available, unexhausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient
funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement
will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY's city manager ("Manager") may determine, at the Manager's sole
discretion, that CONSULTANT must perform additional work ("Additional
Work") to complete the Scope of Work. If Additional Work is needed, the
Manager will give written authorization to CONSULTANT to perform such
Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the Manager with written notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
C. Payments for Additional Work above the total cost of the Agreement referenced
in Section 1.C, above, must be approved by CITY's city council. All Additional
Work will be subject to all other terms and provisions of this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has,
i. Carefully investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
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Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance of the services, CONSULTANT will
immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY.
8. TERM. The term of this Agreement will be from Mai,cli 1„ 2017 to February 28,_201„8.
Unless otherwise determined by written amendment between the parties, this Agreement will
terminate in the following instances:
A. Completion of the work specified in Exhibit"A";
B. Termination as stated in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
i. CONSULTANT furnishes proof of insurance as required under Section 23
of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the contracted
services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours (48
hours), in writing, of the cause and the extent of the delay and how such delay interferes with the
Agreement's schedule. The Manager will extend the completion time, when appropriate, for the
completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main
body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes
any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order
in which the Exhibits appear below:
A. Exhibit A: Proposal for Services.
12. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in
the services will be determined in accordance with written agreement between the parties.
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13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and certificates that
may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's mutual
consent. Notice will be in writing at least thirty (30) days before the effective
termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT" own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by CONSULTANT
will, at CITY's option, become CITY's property, and CONSULTANT will
receive just and equitable compensation for any work satisfactorily completed up
to the effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement are CITY's
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property. CONSULTANT may retain copies of said documents and materials as desired, but
will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of
CONSULTANT's completed work product, for purposes other than identified in this Agreement,
or use of incomplete work product, is at CITY's own risk.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art work,
prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or
public CITY without CITY's prior written approval. All press releases, including graphic
display information to be published in newspapers or magazines, will be approved and
distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will save
harmless and indemnify and at CITY's request reimburse defense
costs for CITY and all its officers, volunteers, employees and
representatives from and against any and all suits, actions, or claims,
of any character whatever, brought for, or on account of, any injuries
or damages sustained by any person or property resulting or arising
from any negligent or wrongful act, error or omission by
CONSULTANT or any of CONSULTANT's officers, agents,
employees, or representatives, in the performance of this Agreement,
except for such loss or damage arising from CITY's sole negligence or
willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies and
holds CITY harmless from and against any claim, action, damages,
costs (including, without limitation, attorney's fees), injuries, or
liability, arising out of this Agreement, or its performance, except for
such loss or damage arising from CITY's sole negligence or willful
misconduct. Should CITY be named in any suit, or should any claim
be brought against it by suit or otherwise, whether the same be
groundless or not, arising out of this Agreement, or its performance,
CONSULTANT will defend CITY (at CITY's request and with
counsel satisfactory to CITY) and will indemnify CITY for any
judgment rendered against it or any sums paid out in settlement or
otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
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D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 23, and any approval of
said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONSULTANT
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONSULTANT will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONSULTANT is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONSULTANT as to the details of doing the work
or to exercise a measure of control over the work means that CONSULTANT will follow the
direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free access at
all reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities.
CONSULTANT will retain such financial and program service records for at least three (3) years
after termination or final payment under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance Limits
Commercial general liability: $1,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
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B. Commercial general liability insurance will meet or exceed the requirements of
the most recent ISO-CGL Form. The amount of insurance set forth above will be
a combined single limit per occurrence for bodily injury, personal injury, and
property damage for the policy coverage. Liability policies will be endorsed to
name CITY, its officials, and employees as "additional insureds" under said
insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by CITY will be excess thereto.
Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or
equivalent. Such insurance will be on an "occurrence," not a"claims made," basis
and will not be cancelable or subject to reduction except upon thirty (30) days
prior written notice to CITY.
G Professional liability coverage will be on an "occurrence basis" if such coverage
is available, or on a "claims made" basis if not available. When coverage is
provided on a "claims made basis," CONSULTANT will continue to renew the
insurance for a period of three (3) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
that was in effect during the term of this Agreement, and will cover
CONSULTANT for all claims made by CITY arising out of any errors or
omissions of CONSULTANT, or its officers, employees or agents during the time
this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol I (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement and such
other evidence of insurance or copies of policies as may be reasonably required
by CITY from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of"A:VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from payments
due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative description of
progress during the past month for each major task, a description of the work remaining and a
description of the work to be done before the next schedule update.
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26. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
If to CONSULTANT: If to CITY:
AKM Consulting Engineers City of El Segundo
553 Wald Pubic Works
Irvine, CA 92618 350 Main St.
El Segundo, CA 90245
Attention: Zeki Kayiran Attention: Arianne Bola
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States Mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed given at the time of
actual delivery. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee, to solicit or
secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed
to pay any company or person, other than CONSULTANT's bona fide employee, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. Should CONSULTANT breach or violate this
warranty, CITY may rescind this Agreement without liability.
29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or
CITY's obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. There is one (1) Attachment to this Agreement. This
Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
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Agreement No. 5276
33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review
this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a
whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against
either Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written amendment.
CITY's executive manager, or designee, may execute any such amendment on behalf of CITY.
36. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, acts of terrorism, war, embargo, government action, civil or military authority, the
natural elements, or other similar causes beyond the Parties' reasonable control, then the
Agreement will immediately terminate without obligation of either party to the other.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity
to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its
financial resources, surety and insurance experience, service experience, completion ability,
personnel, current workload, experience in dealing with private consultants, and experience in
dealing with public agencies all suggest that CONSULTANT is capable of performing the
proposed contract and has a demonstrated capacity to deal fairly and effectively with and to
satisfy a public CITY.
[Signatures on next page]
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Agreement No. 5276
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
( 'I"y L' 3"U,N r) AKM Consulting Engineers
1.e r P"q
eki Kayiran
("it a a President
AURST:
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Taxpayer ID No. 3 04 L 7-0 6 G
C :k L
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
v
By:
—Jo
'k � r
A H.Berger,0
Assistant City Attorney
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Agreement NO. 5276
EXHIBIT
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WaterResources
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Construction Management
xuwrConsulting ang/oov,,
553 Wald
Irvine,C&9%818
Telephone:949.753.7333 Facsimile: 949.753.7320
January 3, 3Ol7
City mf8lSegundo
35U Main Street
8/Segundo,C,&9U245
Attention: Mc LifauXu'P.E.
Principal Civil Engineer
Subject: Proposal tm Provide Construction Inspection Services for the City of0l Segundo -
(PW17'03)Water Main Improvement mtMariposa
Dear Mr.Xu:
AK&8 Consulting Engineers is pleased to submit this proposal to provide construction inspection
services for the Water Main lcuyrovoouwutx at Mariposa. Our proposed scope of services and fee
estimate are unfollows:
TASK 1-PRECOY0STR0CTXOY0ACTIVITIES
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 busoUuo construction schedule, construction
uegueuoo' and permit requirements. Any goeudouo regarding interpretation, oueuuiug or intent
arising from the review obuU be clarified with the City and/or the design engineer prior to
commencement o[the project.
B. AKM will schedule a pre-construction conference.The meeting will be attended by representatives
of the City of 8l Segundo, ,&KM, 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 nu
the project, discuss the Contractor's initial CPM Cnuytrootiuu Schedule; review labor compliance
rogoiroouooto' 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 pcob{onuo shall be discussed. ,&written record of attendance and detailed cuootiug ouiuutwu of
items discussed will be prepared and distributed to all attendees byAK01. AKNl will distribute a
draft copy of the pre-construction meeting minutes to the City for initial review and comment prior
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Agreement No. 5276
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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. During the prosecution of the project, AKM will review and comment on the Contractor's
construction schedules beginning with the schedule submitted prior to mobilization, the
"baseline" construction schedule. AKM will review the schedule for overall feasibility and
feasibility of the duration of specific activities. AKM will verify that the schedules contain
sufficient detail, contain a sufficient number of activities, and contain activities for major areas of
the work to accurately control the schedule and identify problems or conflicts. AKM will review
updated Contractor schedules any time the schedule is affected and at a minimum, on a monthly
basis. AKM will also verify that the schedule accurately reflects the actual time of completion for
completed work and work in progress. AKM will notify the City of errors and inaccuracies in the
schedules for revisions. AKM will also identify upcoming construction issues through the review
of the schedule and bring such issues to the attention of the City immediately. Project elements
which may impact the local community will also be preemptively identified and addressed
through a cooperative effort with the City and the Contractor if necessary.
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.
All requests for information or clarification of interpretations, meaning and intent of the project
Contract Documents will be forwarded to the Construction Inspector by the Contractor.
Responses to issues pertaining solely to construction activities will generally be addressed by the
Construction Inspector in consultation with the City. Issues pertaining to project design,
interpretation, and/or meaning and intent of the Contract Documents will be forwarded to the
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Agreement No. 5276
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City for review and response; however we anticipate providing the City with input regarding such
matters.
D. The Construction Inspector will review the completed work quantities on a monthly basis 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
progress 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 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 Contractor's 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.
A V-1 .b'e`t doll:e ,14?•C 14.5.5
Agreement No. 5276
A�,Vic.°.X I,�Yib'Y!" l��b, �.L�Y&Yv 1.'1C I.q. �°u't,a_�u• !�
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.
I. 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
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 on a thumb drive 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. 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 each project working month, or at another frequency desired by the City, 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. Following completion of the
project, the final as-built drawings will be reviewed and when determined to be complete,will be
A04 1lrojjTlosal 1..6 :1.1', 5
Agreement No. 5276
transmitted to the City for review and/or approval. AKM will provide final as-built drawings to
the design engineer for production of mylars and final electronic documents.
K. 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 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,the AKM Inspector and the design engineer.
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: pipe, 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.
Agreement No. 5276
JMUUXIV�y 3, 2017
............
We propose to complete this scope of work on a time and materials basis for a fee not to exceed
$73,780 as detailed in the attached or Hour and Cost Estimate table.We will be happy to review the
scope of or and the associated work hours, and make any requested adjustments to fit the Cit3es
planning and budget.
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.
ale rytrulyyours,
AKM Consulting Engineers
Emin Kayiran
AK M Proposab 16.1145
Agreement No. 5276
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