CONTRACT 5748 Professional Services Agreement CLOSEDAgreement No. 5748
Agreement No. _[City Clerk assigns]_
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
AKM CONSULTING ENGINEERS
This AGREEMENT is made and entered into this 7th day of August, 2019, by
and between the CITY OF EL SEGUNDO, a municipal corporation and general law city
("CITY") and AKM CONSULTING ENGINEERS, a California Corporation
("CONSULTANT"). The parties agree as follows:
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 Twenty -Three Thousand Seven Hundred Forty dollars
($23,740) 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
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cure any shortcomings to CITY's satisfaction. Costs associated with curing the
deficiencies will be borne by CONSULTANT.
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. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
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. 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.
7. TERM. The term of this Agreement will be from September 1, 2019, to August 31,
2020. 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";
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B. Termination as stated in Section 15.
8. TIME FOR PERFORMANCE.
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41
CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under
Section 22 of this Agreement; and
CITY gives CONSULTANT a written notice to proceed,
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.
9. 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 (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.
10. 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: Scope of Work and Proposal for Services
11. 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.
12.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
13. 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.
14. 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
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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.
15. 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's 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.
15.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by CONSULTANT under this Agreement are
CITY's 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.
17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art
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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.
18. 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.
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 22, and any
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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.
19.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.
20.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 it is 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.
21.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.
22. 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:
TvDe of Insurance
Commercial general liability:
Professional Liability
Business automobile liability
Workers compensation
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Limits
$2,000,000
$1,000,000
$1,000,000
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.
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 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:Vll."
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 155.
23. 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.
24. 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
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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.
25. 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:
AKM Consulting Engineers
553 Wald
Irvine, CA 92618
Attention: Emin Kayiran
Phone: 949-753-7333
Email: ekayiran@akmce.com
If to CITY:
City of EI Segundo
350 Main Street
EI Segundo, CA
Attention: Lifan Xu, City Engineer
Phone: 310-524-2368
Email: Ixu@elsegundo.org
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.
26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
27. 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.
28.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.
29. 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.
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30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
31. ENTIRE AGREEMENT. This Agreement, and its Exhibit(s), sets forth the entire
understanding of the parties. There are no other understandings, terms or other
agreements expressed or implied, oral or written. This Agreement will bind and inure to
the benefit of the parties to this Agreement and any subsequent successors and
assigns.
32. 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.
33. 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.
34. 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.
35.ACCEPTANCE OF ELECTRONIC 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 electronic (.pdf) or facsimile transmission. Such
electronic or facsimile signature will be treated in all respects as having the same effect
as an original signature.
36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
37.TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
38. 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.
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39.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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IN WITNESS WHEREOF the parties hereto have executed this Agreement the
day and year first hereinabove written.
CITY OF EL SEGUNDO
ATT ST'
Tracy Weaver,
City Clerk
AKM Consulting ngineers
e Kayiran,
President
APPROV D AS TO FORM:
Mark . Hensley,
City Attorney fv � LA
Y,
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EXHIBIT A
4W
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A — M MMM
AKM Consulting Engineers
553 Wald
Irvine, CA 92618
Telephone: 949.753.7333 Facsimile: 949.753.7320
www.akmce.com
June 19, 2019
City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: Ms. Floriza Rivera, Project Manager
Agreement No. 5748
Water Resources
Infrastructure
Construction Management
Subject: Proposal to Provide Construction Inspection Services for the City of El Segundo - (PW19-
10) McCarthy Court Street Improvements
Dear Ms. Rivera:
AKM Consulting Engineers is pleased to submit this proposal to provide construction inspection services for the
McCarthy Court Street Improvements. Our proposed scope of services and fee estimate are as follows.
TASK 1- PRECONSTRUCTION
A. Prior to beginning the project, the Construction Inspector will be completely familiar with the project plans,
specifications, applicable City standards and the standards of other agencies having jurisdiction over the
project as well as all other construction related documents. He will also become familiar with traffic
control plans, the baseline construction schedule, construction sequence, and permit requirements. Any
questions regarding interpretation, meaning or intent arising from the review shall be clarified with the
City and/or the design engineer prior to commencement of the project.
B. AKM will schedule a pre -construction conference. The meeting will be attended by representatives of the
City of El Segundo, AKM, the Contractor, and all other project stakeholders such as local authorities
including police and fire departments, other affected utility/facility owner's personnel, affected community
members such as residents, the local school district or nearby business owners and any other regulatory
agency having jurisdiction over the project. The meeting will review the project objectives, introduce key
personnel for the City, AKM, Contractor and define their roles on the project, discuss the Contractor's initial
CPM Construction Schedule; review labor compliance requirements, progress payment procedures, and
project record keeping; establish project lines of communication, appropriate project site conduct, and
other project procedures; and discuss public relations concerns and procedures including required Public
Notices. Potential utility and traffic safety problems shall be discussed.
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. 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.
AKM Proposa.L19-1049
CLty of ELSeovxa&
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Agreement No. 5748
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B. 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 City for review and response; however we anticipate
providing the City with input regarding such matters.
C. 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.
D. 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.
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 and
the City's Project Manager. 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.
H. 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 plan 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.
AKM Praptrxtb19-1049
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Agreement No. 5748
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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.
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. At the
conclusion of each project working week, 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 transmitted to the City for review
and/or approval.
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. 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.
Following the processing of the Contractor's final payment, AKM will transmit all original project
documents and electronic copies to the City.
AKM Proposab 19 -104 9
City of EZ Segs t
Attevit'ww• Mb Flori*a11ZNercv
Agreement No. 5748
f a,g& 4
PROJECT TEAM
AKM Consulting Engineers provides an in-house multi -disciplinary staff of professionals who are recognized
specialists in their areas of expertise. The staff members have superb technical training and academic
backgrounds. Furthermore, they regularly attend technical seminars to keep abreast of the professional
developments in their fields.
AKM's proposed Inspector has a long and distinguished track record in the performance of quality engineering
services, especially with respect to construction inspection/management of public infrastructure improvements.
He is well qualified to undertake the work and provide superior technical services.
Resumes with relevant experience of key project personnel are included at the end of this proposal.
Frank Morales (Field Engineer); With more than two decades of performance-based progression to senior -level
executive management, Mr. Morales has a well -honed and proven background in construction management,
construction supervision, inspector of record, owners' representative, architectural, civil engineering design
skills, sales and customer service. His strengths include the ability to communicate on every level required to
perform any given task. Mr. Morales is a field engineer/ inspector who is a highly motivated and results oriented
professional possessing exceptional leadership and communications skills. He has a solid track record of
consistently meeting and exceeding individual, departmental and company goals and expectations. His experience
ranges from treatment plants, recycled water pipelines and pumping facilities to large commercial buildings and
tenant improvements.
FEE ESTIMATE
We propose to complete this scope of work on a time and materials basis. Pursuant to the City's request, we are
offering two fee options; a fee for part time inspection and a separate fee for full time inspection for the City's
consideration. As detailed in the attached Work Hour and Cost Estimate table, we propose to complete the
project with full time inspection for a fee of $49,930, or, with part time inspection for a fee of $23,740. We will be
happy to review the scope of work and the associated work hours, and make any requested adjustments to fit the
City's planning and budget.
Task J Description
Pre -Construction
I A_ Document Review
B Pre -Construction Conference
Subtotal - Hours - Pre -Construction Phase
Subtotal - Cost- Pre -Construction Phase
'Construction Phase
A Initial Schedule Analysis and Weekly Review
B _ RFI Management
C Progress Pay Request Reviews
D Inspection
E Contract Change Orders and Claims
Subtotal - Hours - Construction Phase
Subtotal - Cost- Construction Phase
$42,640 $780
$46,42'0'
Post Construction Phase
Total
A Anal Inspection/Walk Through '
Construction Inspector
Project Manager
Hours
Expenses
Total Cost
4
2
Subtotal - Hours - Post Construction Phase
12
$910-
2
2
1560
390
$650
6
4
10
Hourly Rate ($/Hr) _
$780,
$780
Total Cost
$1,560;
2
2 _
$650
..._...M._-,_ 6..m____..-..-..�..........�
4Wr..
_.........
$520
312 wwww.
Z
$3,000
$43,950
4
$520
328
4
332
$42,640 $780
$46,42'0'
Post Construction Phase
A Anal Inspection/Walk Through '
4
1
$715
B IlPunch List Preparation and Inspection
8
1
$1,235
Subtotal - Hours - Post Construction Phase
12
2 1411
__._w... __.
Subtotal - Cost- Post Construction Phase
1560
390
- .,... ..,....
$1,950
I Total Hours
346
10 3S6
Hourly Rate ($/Hr) _
$130.00
$195.00
Total Cost
$44.980.
$49,930
AKM Proposes ,19 -1049
city of EbseqwWA&
Attentlbtvir Plk. Flor6gaeRive#w
pasrt Time Inspectlon
Task Description Constru
Pre -Construction
A ��-i
�iL
flet�ro.-Constru�ion conference
Subtotal - Hours - Pre -Construction Phase
Subtotal -Cost -Pre-Construction Phase
Construction Phase
A Initial Schedule Analysis and Weekly Review
IRFI Management
C 1Progress Pay Request Reviews
D linspection
F16ontract Change Orders and Claims
Subtotal - Hours -Construction Phase
Subtotal- Cost- Construction Phase
Post Construction Phase
A Final In pection/Walk Through
8 Punch List Preparation and Inspection
urs - Post Construction (Phase
Subtotal -Cost -Post construction Phase
Tagl Hours
Total Cost
Agreement No. 5748
Fa5
Cost
5650
sl'560
$550,
$7801
$520:
518,280'
$520'
$20,750;
$715
$715
We appreciate the opportunity to submit our proposal and look forward to being of service to the City of El
Segundo on this most important project If you should have any questions or require additional information,
please do not hesitate to contact the undersigned.
Very truly yours,
AKM Consulting Engineers
Emin Kayiran, CPII
Director of Construction Management Services
AXM PropolaZ,19-1049
Total
Man Inspector
Project Manager
Hours Expenses Total
4
�v 2
2
6
41 101
$780
$784L__J
2
21
6
4
128
2]
51,2504
1
144
41 148 1
$18 720
4
2
4
9
10
'10401
3501
1
101 1681520,540.
Fa5
Cost
5650
sl'560
$550,
$7801
$520:
518,280'
$520'
$20,750;
$715
$715
We appreciate the opportunity to submit our proposal and look forward to being of service to the City of El
Segundo on this most important project If you should have any questions or require additional information,
please do not hesitate to contact the undersigned.
Very truly yours,
AKM Consulting Engineers
Emin Kayiran, CPII
Director of Construction Management Services
AXM PropolaZ,19-1049
Agreement No. 5748
CXy of £LSega.ncl&
Attentww.' Ma: Flo-rvaa ?iA1era. Pag&6
With more than two decades of performance-based progression to senior -
level executive management, Mr. Morales has a well -honed and proven
background in construction management, construction supervision,
inspector of record, owners' representative, architectural, civil engineering
Mr. Frank Morales design skills, sales and customer service. His strengths include the ability
Role: Field Engineer to communicate on every level required to perform any given task. Mr.
Education: Construction Morales is a field engineer/ inspector who is a highly motivated and
Management DNC- results oriented professional possessing exceptional leadership and
California State University communications skills. He has a solid track record of consistently meeting
Fullerton; BOMI Institute - and exceeding individual, departmental and company goals and
Real Property Administrator, expectations. His experience ranges from treatment plants, recycled water
Facilities Maintenance pipelines and pumping facilities to large commercial buildings and tenant
Administrator, Systems improvements.
Administrator, and Systems 0Construction and Inspection Services for Various Southern
Maintenance Technician California Cities and Water Agencies Senior Construction Inspector.
Years of Experience: 25 Responsibilities included performing on-site and off-site construction
Years with AKN: 1 inspection. Oversaw General Contractors and Sub -Contractors to ensure all
construction met approved plans and specifications, local codes, state,
federal environmental regulation, Cal OSHA and construction standards.
Confer with City and or Water Agency engineering staff on design problems encountered in the field.
Performed construction inspection services for street improvements, curb, gutter & sidewalks, sanitary sewer
mains & laterals, storm drains & laterals, water mains & services, fire lines including approved testing
process. Monitored mass and fine grading operations, monitor soils technician compaction testing. Inspected
storm water drainage systems and year-round protections, ensuring compliance with NPDES standards.
Maintained necessary records of daily operations, daily photo history, including daily progress reports. Some
of the specific projects are contained below:
0 25 mile secondary effluent (Water Reuse) transfer to settling ponds for Alfalfa irrigation CML&C outfall
pipeline for Bear Valley Water District.
0 8" VCP, 2,200 LF sewer main Rancho Ave to sanitation plant. Primary digester sludge tanks, sludge filter
presser and dryer for the Colton Sanitation District.
0 60" RCP storm drain 2,800 LF - Beach Blvd - Katella Ave to Knott St and South - Sedimentation tanks,
filtration boxes for the City of Stanton
o Removal of leaking underground Diesel Fuel tanks. Replacement with 20,000 Gallon tanks, installation of
6 new fuel pumping stations and concrete parking / service yard for the City of Stanton
0 8" Water main installation and services - Mountain Ave through residential loop Streets for the San
Antonio Water District
0 8" Water Main installation and services 1,800 LF - Duquesne Ave for the City of Culver City
o Limonite ultimate right of way widening - paving, curb & gutter, medians, hardscape, landscape and
irrigation for Jurupa Valley
o ADA code compliance upgrade - sidewalk, crosswalks, handicap access, curb & gutter for the City of
Canyon Lake
"Old Town Temecula" Rehabilitation Project Construction Manager and Senior Inspector. The Project
included rehabilitation which included storm drain, full street structural paving, concrete, curb, gutter,
sidewalks, hardscape landscaping & integrated entertainment sound system; Limonite Ave full right of way
improvements; Canyon Lake street curb & gutter & asphalt project inspector of record; AutoCAD design,
review for civil and architectural plans & constructability of construction documents; Negotiated change
orders with contractors as the owner's representative. Reviewed & approved certified payroll. Managed
initial training for facilities management staffing including the guarantee / warranty & maintenance
contracts.
"SUPERBLOCK" State Consolidated Offices Building in San Bernardino Inspector of Record and
Construction Manager for the State of California - The project included 12 story 392,000 SF Class "A"
commercial office building & 6 story 306,000 Sf post tension concrete parking structure for 1,200 vehicles on
5 acre site including hardscape and landscaping. Management & coordination of 49 deputy inspectors from 3
testing laboratories. Ensured the completeness of the contract plans & specifications, maintainability and
functionality of the building structure core & shell components and materials. Managed weekly meetings with
AKM PropasaV 19-1049
Agreement No. 5748
City of FLSeg"+ia -
Atte iruYnz• Ms. F1,0,r4 v l2wera. P a#e, 7
Architects, Engineers, Contractors and agency representatives. Negotiated change orders; ensure code
compliance and ADA requirements. Administered contract close-outs, including all owners training and
warranty review and operations. Project completed on time and under budget.
Manage construction & maintenance programs for commercial, industrial, residential & public works
projects throughout Southern California Construction Manager and Senior Inspector: The Project
included contract public works inspector to the cities of Calabasas, Stanton & Brea. Responsible for
acquisition and transition of vacated office buildings (Bank of America) to lease spaces. Responsible for the
overview of architectural design & review to the permit process. Manage the core & shell and site
development, build to suit for tenant leases. Manage the Development of the Westend Development in the
City of Corona & The Clearing a residential development consisting of 33 homes and The Overlook 22 homes
in Riverside County. Assist in the Northridge earthquake home mitigation, evaluation and renovation
program.
North County San Diego Transportation District (Coaster Train) : Construction Inspector of Record and
Owner's Representation - Responsibilities included construction of six railroad platform stations, railroad
main lines, secondary lines, passing tracks and sidings, infrastructure, & buildings for the North County San
Diego Transportation District (Coaster Train). Coordinated mass & fine grading operations, underground
pedestrian walkway corridor, utility construction, and appurtenances. Reviewed & approved all plans &
specifications for accurateness and completeness. Direct contact with the Federal Railroad Administration
and Cal-Osha inspectors. Administered contract documents for general contractor and subs. Liaison to the
agency for all public utility agencies. Act as owner's representative, to architects, engineers, contractors and
vendors.
Office Buildings for the Department of General Services Office Building Manager H - The project
included administration and maintenance of 560,000 SF of State owned and commercial office buildings.
Planed & assigned chief engineer, stationary engineers, grounds keepers, custodial supervisors and staff.
Communicated program goals and objectives. Utilized MAXIMO preventative maintenance program. Planed
and ensured the development of specifications, estimates & direct alterations for mechanical (HVAC),
electrical, tenant improvements, grounds improvements for DGS, CHP, EDD, DMV, COA facilities. Interpreted
and reviewed all building plans & specifications for building projects to assure contract and code compliance
to meet the Calif. Code of Regulations, Title 24 and the California Building Standards Code. Project manager
for all building construction by reviewing all work in progress with complete progress reports in accordance
with RESD policies & procedures. Coordinated weekly progress meetings. Recorded history of project
progress through ABMS. Initiated and reviewed of all change orders and or revisions for construction
progress. Developed 5 year plans and operating budgets. Maintained cooperative relationships with various
agency tenants and occupants. Managed the requisition of space allocation.
Maintenance, Operations and Alterations of State Owned & Occupied Commercial Office Buildings for
the Department of General Services Chief Engineer Il. Projects included providing space allocations for
various agencies including design & review of architectural, mechanical, electrical, fire, life & safety and civil
engineering plans & specifications to the approval of all construction documents through constructability &
maintainability. Followed construction management tracking with critical path methods (CPM). Followed all
projects from pre-bid contractor walk through inspections, bid openings, awarding contracts, materials
review for poor quality and workmanship utilizing visual inspection using industry standards, code
requirements and test results, through final walk through and develop final punch items for general prime
contractor. Managed / administered all change order submittals. Managed / administered progress
payments, review of prevailing rates payments. Managed all guarantees & warranty and maintenance
programs per contract agreements. Managed training of new equipment for State maintenance staff. Ensured
all construction meets code compliance per the California Code of regulations, Title 24 and the California
Building Code Stds. Ensured all facilities meet fire, life, safety code requirements per 25 & 72.
AKM Proposa.L19-1049