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CONTRACT 4329 Professional Services Agreement CLOSED PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND APA ENGINEERING, INC. This AGREEMENT is entered into this 10th day of October. 2012, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and APA EnaineerinLy, Inc., 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 Thirtv Two Thousand, Nine Hundred Twentv Eiaht dollars and zero cents ($32.928.00) 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. _1_ 4329 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 over $2,000.00 for Additional Work 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. -2- 41-529 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 November 2012 to March 2013. 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" or contract completion; 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 & Scope of Work; 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. -3- 29 j .p eyyppp . W u 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 l(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 -4- 3 2 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. -5- 452 9s 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: Tvve of Insurance Limits Commercial general liability: $1,000,000 Professional Liability $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement -6- 4329 & 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 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 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: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. -7- d 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: APA Engineering, Inc. City of El Segundo 9880 Irvine Center Drive 350 Main St., Irvine, CA 92618 El Segundo, CA 90245 Attention: Kamran Saber Attention: Arianne Bola. Associate Engineer 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 are one M 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. -8- 4 � 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] -9- 4 2 9nu IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY El.„ Gre, rpen; r, Cit ailager A717ES"I' Taxpayer ID No. y W, , , y, Ci Clerk 1,y APPROVED AS TO FORM: MARK D. ENSLEY,City Altorn y ", By.7A Karl 11. Ber'g-er, Assistam City Attorney Exhibit rf, V APAEngineering, Inc. AAA Civil Engineering ig ey g Project Management October 10, 2012 Ms. Arianne Bola Project Manager City of EI Segundo 350 Main Street EI Segundo, CA 90245 Subject: Proposal for Construction Inspections and Materials Testing Services for Aviation Boulevard Rehabilitation Project from EI Segundo Blvd.to 116th Street-R1 Dear Ms. Bola, APA Engineering is pleased to submit this proposal for providing construction inspection services for construction of the Aviation Blvd. Rehabilitation Project in the City of EI Segundo and the County of Los Angeles. We are very excited about the opportunity to continue serving the City of EI Segundo on this important project. We are prepared to provide the resources and services that you are seeking for this project and understand the level of efforts necessary to meet the demands of the project and to exceed the City's expectations. The following paragraphs are our proposed scope of services and fees for providing construction inspection and material testing observation services as requested in your RFP dated September 12, 2012 and subsequent conversations: PROJECT UNDERSTANDING City of EI Segundo is requesting services of Construction Inspector to provide construction inspection for Aviation Blvd. Rehabilitation Project. APA Engineering understands this project will require a qualified public works inspector with the experience and knowledge to work in urban and high traffic environment. Based on our understanding of the project, we are proposing several candidates who have a great deal of experience in public works and street rehabilitation projects. These individuals have worked successfully on similar projects for various cities in southern California. The project primarily consists of rehabilitation of existing Asphalt Concrete (AC) pavement and adjacent PCC improvements including cold milling approximately 2-3/8", installation of 3/8" ARAM and 2-inch thick AC overlay, ADA ramps, upgrading pedestrian signal heads, and signing and striping. The main project objectives are to perform arterial roadway rehabilitation in the jurisdictions of the City of EI Segundo and Los Angeles County within the City's available budget to improve overall condition of the roadway infrastructure. The construction bid opening day is September 25, 2012 with the construction presumably to commence in mid to late October for duration of 40 Working Days. RELATIONSHIP WITH LOS ANGELES COUNTY Portion of the Aviation Blvd. is located in the jurisdiction of the Los Angeles County. Under a Cooperative Agreement between the City of EI Segundo and the County, the City is to provide financing and take responsibilities for the design and construction of the entire facility from EI Segundo Blvd. to 116Th Street. The project cost is approximately $559,223.54 with the County jurisdictional share estimated to be $335,245.00. Therefore, construction of the project requires close coordination with County especially on the pedestrian signal installation and re-striping and traffic control during the construction. 9880 Irvine Center Drive. Irvine. California. 92618. Tel:(949)679-2600. Fax:(949)679-2601. www:APAeng.com t DESCRIPTION OF SERVICES An experienced Inspector will be provided at the site from the start of construction to the completion of construction and called back as required to confirm punch list correction and completion. Soils, earthwork, and pavement observations and testing observation will be provided by the inspector. Daily and weekly observation reports will be prepared and filed for review with the City Project Manager. A full and complete set of these reports will be provided to the City in the "document transmittal" phase at the close out of the project. Inspector's observation reports will be made available for review and copies will be supplied to the City upon request at anytime during the project. Inspector assigned to this project will perform construction inspection and administration monitoring services under the direction of the City designated Project Manger. He will maintain continuous communications with the City Project Manager, field personnel, and the impacted citizens. The inspector will inform the City Project Manager of any potential impacts on the roadway users (motorist, pedestrians, and bicyclists) and adjacent businesses and will provide factual inputs to resolve any related problems. The typical inspection services will include: 1. Provide a combination of full time and part time construction inspection as directed by the City. This will be limited to the number of hours included in the proposed fee; 2. Attend Construction job-site meetings with City staff, Engineer and Contractor; 3. Utility Company Coordination; 4. Maintain Daily Observation Report which will describe in detail all work accomplished on a daily basis, weather conditions, number of personnel employed at the site by the Construction Contractor, quantities of materials incorporated into the project, construction equipment at the site, deliveries of construction materials, material shortages, tests, labor disputes, general observations, and any unusual occurrences The report will also outline discussions with the public, Contractor, City staff, and derails of instructions or agreements with the Contractor; 5. Perform continuous on-site inspections of all construction work performed under contract to the City, as applicable, including structural excavation, safety, earth moving operations, fabrication and erection of structural steel, erection of concrete forms and false work, erection of reinforced steel. Placement of concrete street improvement structures such as curb and gutter, sidewalks, and drive approaches. Construction of roadway improvements including fine grading preparation of subbase material, placement of aggregate base material and asphalt concrete or other paving material; 6. Conduct daily job site inspections to assure that the required equipment, materials, and methods of construction are in compliance with the contract drawings, specifications, and regulatory codes; 7. Establish and maintain a submittal log for required submittals of shop drawings, material and equipment testing results and certifications; 8. Ensure that the Construction Contractor complies with all local, state, and federal laws, ordinances, rules, regulations, regulatory/resource agency permits, and orders as provided by the contract; 9. Verify and sign contractor's daily extra work reports documenting force account (time and materials) work; 10. Evaluate Construction operation with respect to quality, progress and schedule; 11. Review Project Site traffic control; 9880 Irvine Center Drive. Irvine. California. 92618. Tel:(949)679-2600. Fax:(949)679-2601. www:APAeng.com 4 3 2 9 . Lw40 12. Coordinate Contractor's field activities to minimize inconvenience to the roadway users, adjacent businesses and residences; 13. Review construction safety, public safety and convenience and report to City; 14. Interface with the public and address public complaints and/or concerns; 15. Maintain project records and information for"as-built" plan markups; 16. Verify field quantities that will help Project Manager process payment requests from contractor and provide City with recommendations; 17. Provide assistance to the City in the preparation and negotiation of all change orders; 18. Review approved revisions made to the plans and specifications and follow-up on Contractor action; 19. Take construction photos in digital media, capturing all critical activities. These photos will be properly catalogued and submitted to the City as part of the permanent construction record; 20. Conduct pre-final inspection and prepare written Punch List documenting incomplete or corrective work; 21. Measure and compute all final construction quantities for pay items in accordance with the contract specifications. 22. Assist in preparation of as-built plans as required. PROPOSEDFEE Based on our understanding of the scope of work, we are proposing one inspector for as long as needed by the City for at an hourly rate of$98 per hour. We are also proposing a budget for all required material testing and other miscellaneous expenses that may be needed throughout the project: The total Not-to-Exceed fee is estimated and itemized below: Item Hours Cost 1-Pre-Construction Meeting and Orientation Up to 8 $784 2-Construction Inspection (assumed 40 Working Days) and 320 $31,360 related services as described above. 3- Project Close-out Up to 8 $784 Total Estimated Not-to-Exceed $32,928 The hourly fee includes all benefits, overhead and other associated cost and expenses such as phone, faxes, internet, contract administration, travel mileage, night work, other related activities per diem. Hours worked over regular 8 hour-day and hours worked on weekends are considered overtime and will be charged accordingly. 9880 Irvine Center Drive. Irvine. California. 92618. Tel:(949)679-2600. Fax:(949)679-2601. www:APAeng.com A A 4329 It is our understanding that the initial duration of service will be for a 40 working day period. Depending on construction schedule these services maybe required on an as-needed or continuous basis. The minimum charge for inspection call is 4 hours with 48 hours advanced notice. APA will assign a back up inspector from its pool of inspection team for possible substitution. The backup inspector will be briefed periodically by the original inspector to make sure he or she is aware of the issues, progress, and requirements of the project. Invoices will be submitted monthly based on the percentage of each task done. Number of hours may be adjusted at the City's discretion and mutual agreement. Ms. Bola, thank you very much for this opportunity to be of service to the City of EI Segundo. We look forward to working with you to complete this project successfully. If you need more information or have any questions, please do not hesitate to contact me or Kamran Saber, P.E. at 714-293-1014. Respectfully submitted, APA Engineering, Inc. All Pakzad, P.E. President/Principal-in-Charge 9880 Irvine Center Drive. Irvine. California. 92618.Tel:(949)679-2600. Fax:(949)679-2601. www:APAeng.com AA4