CONTRACT 5376 Professional Services Agreement CLOSED Agreement No. 5376
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF EL SEGUNDO AND
AKM CONSULTING ENGINEERS
EAST OF SEPULVEDA BOULEVARD PAVEMENT REHABILITATION
PROJECT NO.: PW 17-27
This AGREEMENT is entered into this 16th day i.rlTy a�!. (fib'?, 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 'Fc)rty Sipa Tliousand. Nine l 1MRIrr:d SiXly Five dollars ($46,965.00),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.
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Agreement No. 5376
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 LC, 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 to of this Aareement will be from SeptqjIlDo-
r 1, '2017 to A i i as
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 CONSULT T'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 to 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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Agreement No. 5376
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
COITS ULTANT'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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Agreement No. 5376
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. ASSIGNABILLITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits orb 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 perforined for other employers while under contract with CITY. CONSULTANT is not an
agent oremployee 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:
j:ypc 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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Agreement No. 5376
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.
C, 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 to 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 01 06 92, including symbol 1 (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:VU."
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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Agreement No. 5376
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: Aria 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 who 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 CONS ULTANT'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 orother 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. 5376
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.
CI '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 tothis 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. 5376
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY F" E AKM Consulting E`Mgiiicers
Gr arp, lei,
CiM
i M,
Manager President
ATTEST:
4,/', Taxpayer ID No. 3 3 C)'-i -ZZ(o
Tmcy W i 6aver
CIL"tif CIC&
APPROVED AS ' () 17)RM
By:
Mark D,, Hensley,
City Attorney
Insurance Reviewed by:
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Agreement No. 5376
EXHIBIT A
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Aff' lnftwtrudure
Construction Management
AKM Consulting Engineers
553 Wald
Irvine, CA 92616
Telephone:949.753,7333 Facsimile. 949.753.7320
&,)yma1ernce,cQa
July 27,2017
City of El Segundo
350 Main Street
El Segundo,CA 90245
Attention: Ms.Arianne Bola
Subject: Proposal to Provide Inspection Services, Utility and County Coordination, and Material
Testing for the Pavement Rehabilitation Project
Dear Ms.Bola:
AKM Consulting Engineers is pleased to submit this proposal to provide construction inspection services, utility
and County coordination,and material testing for the upcoming pavement rehabilitation project for the City of El
Segundo. Based upon our review of the plans and specifications, our experience with similar work, our previous
experience working with the City of El Segundo staff, and our knowledge of street design and construction, we
have assembled a Project Team with extensive experience and expertise in street improvements. Our proposed
Project Manager and Construction Inspector are full time AKM employees,who regularly work on projects similar
to the Pavement Rehabilitation Project. They will provide the City of El Segundo with outstanding support,
expertise,and advice over the duration of the proposed work.
The Project Team will be under the overall direction of Mr. Emin Kayiran, CPII, who will serve as the Project
Manager. Mr.Emin Kayfran has over 13 years of inspection and construction management experience.
We have included Ninya & Moore, who will provide for materials testing services. Ninyo & Moore, a proven
industry leader in geotechnical engineering and testing,has recently teamed with AKM to successfully undertake
the following City of El Segundo Projects: Imperial Highway Resurfacing, Sanitary Sewer System Rehabilitation
Project, the Maple Avenue Street Improvements Project, the Watermain Improvements at Center and Pine, the
Watermain Improvements at Virginia, Oak and Bayonne, Water Improvements at Center and Maple, and the
Sewer Main Repairs Projects for the City of El Segundo.
We appreciate the opportunity to submit our proposal and look forward to being of service to the City of El
Segundo, Should you have any questions regarding the contents of our proposal or require any additional
information,please do not hesitate to contact the undersigned.
Very truly yours,
AKMCnsultin n ers
'aon
Emin Kayfirann
Senior Construction Manager
AKM Propo*al,17-1079
Agreement No. 5376
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Our proposed scope ofservices and fee estimate are as follows:
A. Prior to beginning the project, the Construction Inspector will be completely familiar YAth 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. The Construction Inspector will thoroughly review the traffic control plans prior to beginning the project For
as needed inspection services, when on site our inspector will use the traffic control plans as the basis for
verifying compliance when reviewing the Contractor's traffic control measures and maintenance, Any
potential concerns with the traffic control plans will be brought to the attention of the City.
A. When requested by the City, AKM will schedule weekly construction progress meetings. Attendees will
typically include key representatives from the City of EI Segundo,AKM, the Contractor and other agencies
having jurisdiction over the project. The Construction Inspector shall attend regularly scheduled
construction progress meetings when requested by the City. The following are typical items that are
addressed during meetings:Work completed during the previous week, overall schedule review,submittal
status, schedule of work for the next two weeks, future items requiring coordination, RFI status, as-built
drawing maintenance, contract change orders, site maintenance and safety, neighboring property owner
comments and concerns,and Contractor performance
B. 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 work. 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 or flash drive,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,
I. 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.
J. AKM is proposing to provide geotechnical and field materials sampling and testing, including asphalt
concrete sampling and testing and asphalt compaction through a qualified sub-consultant, Ninyo & Moore.
The Construction Inspector will coordinate with the subconsultant to schedule materials testing and
sampling as necessary during construction.
K Daily reports will be created by the Construction Inspector for each day they perform Inspections an 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
AKM Propoial,17-10 79 1.1
Agreement NO. 5376
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work completed; traffic cuobn| measures taken by the Contractor/ quantity of materials used; quantity of
materials not used yet stored on site; equipment on site and vvbedber 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 beprovided uodocument 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 bythe 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
Locorrect them.
The daily report will also contain notations regarding potential conflicts that may result in a request by the
Contractor for acontract change order. lfuoissue orconflict isdiscovered for aparticular day,the Inspector
will note that inthe report
Time noted and dated photographs of construction activities will be included in the daily report. Sketches,
drawings, ordetails will be prepared by the Construction Inspector as necessary to explain and document
daily construction activities,and will beincluded inthe daily report.
Daily reports will be completed the same day the inspections were conducted Lo ensure the accuracy and
completeness of the reporL Signed copies of the report will be transmitted to the City weekly on a thumb
drive ocatany other frequency desired bythe City.
The Construction Inspector will make daily observations at the project site to verify compliance with the
City's N9D8S permits and requirements, SWP99 plans and all other }oca), state, and federal \amm and
regulations. When non-compliance is determined,the Contractor will be issued a non-compliance notice.
M. During any requested inspection, AKM will interpret and enforce the requirements of the Contract
Documents. The Construction Inspector will preemptively monitor for potential conflicts that may result ioa
contract change order. Daily notations of any conflicts observed or potential contract change orders will be
made inthe daily reports noting the time nfadispute,time ofnotification bythe Contractor and ofany action
taken bythe Inspector. Detailed accounts of any disputes with the Contractor relating to the project scope of
work will also be documented in the daiiyreporL A0M 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 /or merit and
reasonableness ofcost The change order orclaim will beforwarded tnthe City for review and comment
AKM will also prepare a written justification for the contract change order or recommendations b»r 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. &0Mwill maintain cost accounting records nmauthorized work performed under unit costs,actual
cost for labor and materials, and other required basis for accounting cecords.AK0 will not authorize any
extra work orchange order without conference with and prior written approval 6ythe City.
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 ioanticipated that the final
inspection/walk through will include City Engineering staff,City maintenance staff, the AKMInspector and
the design engineer.
B. Based outhe findings and results ofthe final inspection/walk through,AKM will develop apunch list oywork
to6ecompleted and/or corrected. When the punch list Iosubmitted tothe Contractor,&KMwill obtain the
Contractor's schedule for completing the punch list AKMwill conduct inspections based unthe Contractor's
punch list completion schedule and verify that all items are complete.
*KMprmpowo.1,z7lD7S 1'2
Agreement No. 5376
Our cost estimate below reflects the anticipated effort to complete the work based upon our understanding of the
project and review of the project's proposed scope of work for construction, The proposed services described in
this proposal will be completed on a time and materials basis, not to exceed the total amount listed in the budget
table. The estimated labor hours contained in the budget table were derived from the number of working days
provided For construction by the project Contract Documents, as well as necessary preconstruction and post
construction activities based on the overall scope of construction for this project. The fully loaded hourly rates are
pursuant to the current A1C M Rate Schedule which is also included.
I'mieWConsouction Total Geatechnical I
tru
uc�lc
Task Description uninspector, 1,613ragee licurs Sevices Expenses Total Cost
Pre-Construction
A DucurnentRaylow 2 S240
B Pre-Construction conference 4 2 l $79C
C Utility,and County Coordination a a-- ;2"1v
Subtotal-Hours-Pre-Construction 4:5—e 14 UQ 24�
Subtotal-Ca','�"t P're-Canstruirftlon Phase 5 L rw
Construction Phase
A Initial Schedule Analysis and Weekly Review 2 '
...... ............ 2
C Submittal Management ............................................................. 2 5300�
0 RFI Management 2 $300
F Inspection 200 1 $17,025 m $41,025'
G Contract Change Orders and Claims2�
Subtotal-Hours-Construction Phase 200 10 2104
Subtotal-Cost-Constructlon Phase $24,000 $1, $42,525
........ .......................
Post Construction Phase
A Final Inspection/Walk Through 2 2 $540
..............
B Punch Ust Preparation and Inspection 4, 0 $4BO
C Final Project Report and Documentation 2 0 $240
Subtotal-Hours-Post Construction Phase 2.1 10
Subtotal-Cost-Post Construction Phase 960 300 260'
ToW Hours Q 222 22� 244
120
Total Cost 596,965Hourly Rate 1$/Hrl $
$26.640
AY,M Propolal,17-1079 1-3
Agreement No. 5376
C 6,Ly of E 1,,5 egt L ncU, F ra'v ewne4 tt'R eiq4*'fV'C4'YU'qy P ro.ftc t
AKM CONSIJUTING ENGINEMRS
RATE SCHEDUIE,
JULY 2017
...........
2017---.-
Principal $205
TEIn-02—allng Lneer $205
.,project Manager .................. ........... $205
Project En&eSr $185
Senior Construction Manager $175
............
Senior En Inver $175
Associate Engineer $135
Financial Analyst $100
Construction Manager $150
_�ta_._E.ngineer $120
Senior Field E gineer/ Inspector $135
Field Engineer/Inspector $120
Assistant Engineer $87
Senior Designer/Senior CADD
Technician $90
Domer/CADD Technician $85
Engineering Technician $80
$55
Data I Word Processing $66
Office Support $55
Out of pocket expenses(blueprinting,reproduction and printing,delivery,etc.)will be invoiced at cost plus 10%.
Subcontracted services will be marked up 10% in order to cover costs associated with administration,
coordination and management of subcontractors. Mileage will be invoiced at $0.65/mile. This schedule of
rates is in effect until December 31,2017,at which time it may be adjusted.
AXM Proposab 17-1079 1-4
Agreement No. 5376
Glalfchnlul A Envifonmintal Woos CanultanU
July 25, 2017
Proposal No. 04-01462
Mr. in Kaylran
AKM Consulting Engineers
553 Wald
Irvine, California 92618
Subject: Proposal for Materials Testing Services
East Of Sepulveda 'Boulevard Pavement Rehabilitation Project
EkSegl,Ando, California
Dear Mr, Kayiran:
Ninyo & Moore is pleased to submit this proposal for materials testing n services pertaining to
construction of the East of Sepulveda Boulevard Pavement Rehabilitation project located along
various roadway locations in El Segundo, California. Based upon our review of the project
construction plans, we understand that the planned project will generally consist of new roadway
asphalt concrete paving.
SCOPE OF SERVICES
Based on our understanding of the proposed construction and our experience with similar projects,
we propose to provide the following scope of services:
Project Management, Coordination and Technical Support (Quality
Assurance/Quality Control)
• Project coordination and management, Including work scheduling and review of the project
plans, specifications and contract documents, as well as submittal of our laboratory test results.
• Field technician services for observation, sampling, and density testing during the project
asphalt concrete paving operations.
• Preparation of daily reports, test data sheets, and field memoranda to document the items
tested.
• Laboratory testing services consisting of asphalt concrete hveern stability and unit weight, as
we I I a s extraction, percent asphalt, including gradation.
475 Goddard,Suite 200 1 Irvine,California 926181 p.949.753.7070 1 www,ninYo4t1!_mq rexam
Agreement No. 5376
ASSUMPTIONS
Based on our experience with similar projects, the following assumptions have been made In the
preparation of our scope of services:
® Our services are subject to prevailing wage requirements.
9 Our services will be scheduled and coordinated by the construction management and
inspection team.
a Asphalt concrete batch plant inspection services will not be requested.
Our estimated fee is based on the assumptions outlined above and does not include stand-by
time or costs associated with retesting or reinspecting materials that were found not to be in
compliance with the project plans or specifications. Our services, including the use of
multi-certified field staff, will depend on the construction schedule and the contractor's
operations. Hours spent that exceed those in the attached table will be billed on a
time-and-materials basis.
FEE
We propose to provide materials testing services on a time-and-materials basis in accordance with
the attached Schedule of Fees and Schedule of Fees for Laboratory Testing. Our estimated fee for
the scope of services described herein is presented in the attached Table 1.
Ninyo & Moore appreciates the opportunity to provide services on this project and we look forward
to working with you.
Sincerely,
NINYO & MOORE
Robert M,,'Bigger
Senior�eoject Manager
RMB/gk4
Attachments: Table 1 —Breakdown of Fee
Schedule of Fees
Schedule of Fees for Laboratory Testing
Distribution: (1) Addressee(via e-mail)
Ninyo&Moore I East of Sepulveda Boulevard Pavement Rehabihiation P El Segundo GaVornia 0"U62 July 25 2017 2
Agreement No. 5376
. .
.. . .. NO
-
Senior Project Engineer 10 hours 163.00 /hour 1,630.00
Subtotal1,630.00
wom
Field ecniian ®Asphalt Concrete . 120 hours . /hour 11,040.00
Vehicle and Equipment Expense 120 hours1 /hour 1,440.00
Subtotal12,480.00
.Noil
Hveem Stabilityand Unit Weight 3 tests 215.00 /test 645,00
Extraction, % Asphalt Including Gra atio tests 0 /test720.00
t
Mfnyo&Moore I East of Sepulveda 13cwtevaid PavementRehabillitabon Pr ° ck El Segundo,Calc is I PO4-01462 I Ct1 I July25, 17 l
Agreement No. 5376
Principal Englneer/GeologistlEnvironmentaI Scientist 178
Senior Engineer/Geologist/EnvIronmental Scientist 168
Senior Project Engineer/Geologist/EmIrion mental Scientist 3 163
Project Engineer/Geologist/Envi ran mental Scientist 5 156
Senior Staff Engineer/Geologist/EnvironmentaI Scientist $ 142
Staff Engineer/Geologist/Environmentai Scientist 'S 126
GIS Analyst 116
Field Operations Manager 112
Supervisory Technician Ill 98
Nondestructive Examination Technician,LIT,MT,LP S 98
ACI Concrete Technician $ 98
Concrete/Asphalt Batch Plant Inspector $ go
Special Inspector(Concrete,Masonry,Steel,Welding,and Fireproofing) 98
Senior Field/Laboratory Technician 5 92
Field/Laboratory Technician 92
Technical Illustrator/CAD Operator S 92
Information Specialist $ 78
Geotechnical/Environmental/Laboratory Assistant $ 76
Data Processing,Technical Editing,or Reproductlon $ 68
Concrete Coring Equipment(includes one technician) $ 180/hr
PID/FID Usage $ 140/day
Anchor load test equipment(includes technician) $ 97/hr
Hand Auger Equipment $ 65/day
Inclinometer Usage $ 401hr
Vapor Emission Kits $ 401kit
Level D Personal Protective Equipment(per person per day) $ 30/p/d
Rebar Locator(Pachometer) $ 301hr
Nuclear Density Gauge Usage $ 15/hr
Field Vehicle Usage $ 12/hr
Direct Project Expenses Cost plus 15%
Laboratory testing,geophysical equipment,and other special equipment provided upon request.
For field and laboratory techniclans and special Inspectors,regular hourly rates are charged during normal weekday
construction hours.Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal
construction hours and all day on Saturdays.Rates at twice the regular rates will be charged for all work In excess of
12 hours in one day or on Sundays and holidays.Lead time for any requested service Is 24 hours, Field Technician
rates are based on a 4-hou'r minimum.Special Inspection rates are based on a 4-hour minimum for the first 4 hours
and an 8-hour minimum for hours exceeding 4 hours.Field personnel are charged portal to portal.
Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be
charged on accounts not paid within 30 days.
The terms and conditions of providing our consulting services Include our limitation of liability and Indemnities as
presented In Ninyo&Moore's Work Authorization and Agreement.
Nini&Moore I East of Sepulveda Boulelvard Pa eh Macara Prolect.El Segundo Calffornia 104-01462 1 July 25 2017 Cil
Agreement No. 5376
110HN
NEEM
SOILS CONCRETE
Aderberg Limits,0 4318,CT 204 i 160 Compression Tests,6x12 Cylinder,C 39 5 25
California Bearing Ratio(GSR),D I893 S 405 Concrete Mix Design Rmisw,Job Spec $ 155
Chloride and Suffale Content,CT 417&CT 422 $ 175 Concrete Mix Des°n,per Trial Balch,6 cylinder,ACI $ 525
Consoldation,D 2435,CT 219 $ 300 Concrete Cores,Compression(excludes sampling),C 42 1; 60
Con soldatian-T'ffne Rate,D 2435,CT 219 $ 75 Drying Shrinkage,C 157 li 350
Dired Shear-Remolded,0 SON $ 325 Flexural Test C 78 $ 65
Di red Shear-Undisturbed,D 3000 1 275 Fleas ITest C 293 $ 60
Durability Index,CT 229 11 165 Flexural Test CT 523 $ 80
Expansion In D 4829,IBC 18-3 5 180 GunilefShal erele,Panels,3 cut cares per panel and last ACI $ 275
Expansion Potential(Method A),D 4546 $ ISO Jobsite Teskq Laboratory Quote
Geolabric Tensile and Elongation Test,0 4632 $ 180 Lightweight Concrete Fill,Compression,C 495 $ 45
Hydraulic ConducWly,D 5084 $ 330 PedographicAna{o,C 856 $1900
Hydrometer Analysis,0 422,CT 203 S 220 Restrained Expansion of Shrinkage Comparsellort $ 270
Moldwe,Ash,&Organic Mader of PeatfOrgank:Sots 15 120 Settling Tensile Strength,C 496 $ 90
Moisture Only,0 2216,CT 226 S 35 30 G (CLSM),C 39 S 45
Moisture and Density,D 2937 $ 45 2xW Non-Shrink Grout, C 109 S 45
Permeability,CH,0 2434,CT 220 5 255
oft and Resistritty,CT 643 $ 175 ASPHALT CONCRETE
P Density D 1557,D 698,CT 216,& Ak Voids,T 269 $ 50
AASHT0 T-180(Rack corrections add$100) $ 200 Asphalt Mix Design,Caltrans(excl.Aggregate Quality) $2,800
R-vAe,D 2844,CT 301 $ 295 Asphalt Mix Oesign RevieN,Job Spec $ 165
Send Equivalent D 2419,CT 217 $ Ila Dust Proportioning,CT LP-4 $ 50
Siave Analysis,0 422,CT 202 $ 130 Extraction.%Asphalt including Gradation,D 2172,CT 382 5 240
Sieve Ana ',200 Wask 01140 CT 202 $ 100 Film Stripping,CT 302 $ 110
Specie Gravity,D 854 5 100 HveLm Stability and Unit Weight D 1560,T 246,CT 366 111 215
Thermal ResistMty(ASTM 5334,IEEE 442) $ Boo Marshal Stability,Flow and Unk Weight,T 245 3 240
Tri axial Shear,C.D,D 4767,T 297 $ 430 Makemurn Theoretical Unit Weight 0 2041,CT 309 S 150
Triaxial Shear,C.U,,w1pore pressure,D 4767,T 2297 per pt $ 365 Walsirs Content,CT 370 $ 85
Triaxial Show,CU,wk pore pramra,D 470,T 2297 per pt $ 210 Moisture Susceptibilly,and Tensile Scess Read,T 238,CT 371 $1,000
Triaxial Shear,U,U,,D 2850 S 155 Slurry Wel Track Abrasion,D 3910 S ISO
Un fined Compression,D 2166,T 208 5 120 SuperPree,Asphalt Mix Verification(inc Aggregate Quality) $5,200
Wax Density,D 1186 S 100 SaperInave,Gyratory Unit WL,T 312 $ 75
SuporPave,Hamburg Wheel,20,000 passes,T 324 $1,000
MASONRY Unit Weight sarnple or core,D 2726,CT 308 $ 100
Brick Absorption,24-hour submersion,C 67 $ so Vokis in Mineral Aggregate,MM)CT LP-2 $ 50
Brick Absorption,54hour boiling,C 67 $ 60 Voids Had with Asphalt,(VFA)CT LP-3 $ so
Brick Absorption,7-clay,C 67 $ 65
Brick Compression Test,C 67 S 50 AGGREGATES
Brick Efforescence,C 67 $ 50 Clay Lurnp;and Friable Particles,C 142 S ISO
Brick Modulus of Rupture,C 67 S 45 CleamnessVellueXT227 $ 150
Brick Moisture as received,C 67 11 40 Crushed Park1w CT 2D5 $ 165
Brick Saturation Coefficient C 67 $ 55 Durablity,Coorw or Fine,CT 229 $ 195
Concrete Block Compression Test OxBxl 6,C 140 $ 65 Foe Agg regale Angola*,ASTM C 1252,T 304,CT 234 $ 180
Concrete Black Conformance Package,C 90 $ 485 Flat and Elongated Particle,D 4791 S 220
Concrete Block Linear Shrinkage,C 426 $ 135 Ligibivrook PattIdes,C 123 $ lea
Conaeba Block Unit Weight and Absorption,C 140 $ 60 Los Angeles Ahraslcn,C 131 or C 535 S 200
Com Compressidn or Shear Bond,CA Coda S 60 Material Foor than No.2DO Sim by Washing,C 117 S 75
Masonry Grout,3x3x6 prism compression,C 39 $ 35 organic kinpuriks,C 40 5 80
Masonry Mortar,2x4 Lylladarcomprussion,C 109 S 35 Potential Alkill Rainaft Mortar Bar Method,Coarse,C 1260 $ 950
Masonry Prism,half size.compression,C 1019 $ 120 Polorrial AUA Reactivity,Modar Bar Method,Fine,C 120 $1,250
Masonry Prism,Full*A compression,C 1019 S 185 Pocontial RearcWly of Aggregate( ),C 289 5 450
Sond Ectuhrolent,T 176,OT 217 6 lio
REINFORCING AND STRUCTURAL STEELSiove Anallysis,Coarse Aggtegaln,T27,C 136 6 lis
Chemical Analysis,A 35,A 515 135 Siove Anallysi%FreAggregate(includingeraim),T27,C 136 5 130
Fireproofing Density Test UBC 7-6 $ 60 Socclum SLOO Soundness,C 8B S 450
Hardness Test Rodwelt A 370 $ 70 Spedic:Grd*and Absuflptlon,Cmm,C 127,CT 206 S 100
High Strength But Rd&Washer Conformance, Specrild Gra*and Absorption,Fine,C 128,CT 207 $ ISO
per assombly,A 325 6 130
Mach arkelly Spliced Reinforcing Tensile Test,ACI S ISO ROOFING
Piria-Stress Strand(7 wirej A 416 ili 170 Rooling Tile Abscrillon,(W of 5),C 67 5 210
Reinforcing Tensillis or Bond up to No.11.A 615&A 706 $ 55 Roofing Tie Stan*Test(ust of fl,C 57 $ 210
Slruclural Steel Tensile Test Up to 200,000 lbs.
(machining wilm).A 370 $ 110
Welded ReinWftg Tends Test Up to No.11 bars,ACI S 60
Special preparation oftanclard tW specimens will be cheiged at dis lechnician's hourly rate.
Ninyo&Moons is accredited to perform the AASHTO equivalent of many ASTM te5l procedures.
Ninyo&Moore 12016 Laboratory Testing