CONTRACT 6600 Professional Services Agreement CLOSEDAgreement No. 6600
Agreement No.
PROFESSIONAL SERVICES AGREEMENT
' BETWEEN
THE CITY OF EL SEGUNDO AND
Z&K CONSULTANTS
This AGREEMENT is made and entered into this 28th day of February, 2023, by
and between the CITY OF EL SEGUNDO, a municipal corporation and general law city
("CITY") and Z & K CONSULTANTS, 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 Two hundred fifty-nine thousand, five hundred, sixty dollars
($259,560.00), with a City -authorized contingency amount of Thirty
Thousand dollars ($30,000) 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' 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;
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 March 1, 2023, to June 30, 2024.
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.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under
Section 22 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.
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 Cost Proposal
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.
16.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:
L 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:
T e 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: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 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:
Z & K Consultants
473 E. Carnegie Drive, Suite 200
San Bernardino, CA 92400
Attention: Crystal Fraire, President
Phone: 951-310-7470
Email: pfraire .andkconsultants.com
If to CITY:
City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: Cheryl Ebert
Phone: 310-524-2321
Email cebert else undo.or
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.
,Cqy OF EL SEGUNDO
Darrell George,
City Manager
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
for
Mrk D. Hensley,
C>I ty, Attorney
Ins IJ
Approval:
Hank Risk Manager
City of El Segundo Professional Services
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Z & K Consultants
c e i-�Vz
Crysta afire
President
EXHIBIT A Agreement No. 6600
E. SCOPE OF WORK
Our Team's relevant experience allows them to provide overall administration of the construction process based on their unique ability
to fully understand the construction process, work proactively to identify problems early, and to mitigate each risk before it affects the
project performance goals. Z&K has thoroughly reviewed the Request for Proposal (RFP); we confirmed our team will provide all scope
of work tasks as outlined in the RFP scope of services to ensure the success of the City's Project. Z&K acknowledges our ability to meet
potential project requirements listed under the scope of services. The Z&K Team, at a minimum, will perform the following:
Conduct on -site inspection of the work to ensure compliance with the contract documents. I Z&K has carefully selected this "A -Team"
and committed our most qualified Inspectors for the duration of the contract to deliver a successful project, including full-time public
works inspectors. The Z&K Inspectors have the knowledge, skill, and experience to inspect all the anticipated construction operations
for this contract and will be on site daily to monitor and document daily progress of the contractor and verify that all work in place is
compliant with the project plans and specifications, as well as any Traffic Control, Cal -OSHA, Outside Agency Permits, Standard Plans,
and other public right-of-way requirements needed for the project.
Throughout the project, the inspectors will review contract documents, plans, and permits. Inspectors will monitor and enforce
construction noticing requirements. The Z&K Inspectors wall use their expertise to provide field conflict resolutions. The Inspectors'
primary duties will be to inspect and verify all work in place meets the requirements of the contract plans and specifications, traffic
control plans, shop drawings, change orders, and 0&M manuals as well as maintenance of project documentation.
Provide daily reports of activities at the project site, including site conditions, recording equipment and personnel hours, extra work,
and daily activities. I The Z&K Inspectors will complete daily reports to include accurate records of the quantities of materials that are
constructed. These will be uploaded to the Project's document management system and used to review the contractor's invoice at the
end of each month. Z&K proposed staff will complete daily reports, including records of equipment on the job, idle or working time of
the equipment, crews/personnel, and photos (before, during and after construction). The Construction Manager will review the
inspectors' daily reports and provide copies to the Cit y upon project completion.
Ensure traffic control complies with approved traffic control plans. I Z&K Inspectors have experience with performing traffic control on
construction sites and understand the importance it has on project safety. Inspectors will regularly review traffic control equipment and
oversee personnel as required by the project. Z&K will monitor all traffic control activities to ensure they are performed at the standards
set by the Work Area Traffic Control Handbook (WATCH) Manual, and that ensure that all traffic control equipment is compliant with
the Manual of Uniform Traffic Control Devices (MUTCD).
Inspectors will provide oversight for lane closures, traffic congestion
monitoring and analysis, ensure and provide the contractor and resident
engineer with traffic relief recommendations and potential alternate
routes, if at all possible. Z&K inspectors will ensure the traveling public's
safety and prevent any unreasonable delay by verifying minimum lane
widths and continuous and safe access for vehicles and pedestrians.
Confirm quantities of materials used on the project by collect material
certifications and load tickets to confirm quantities of materials. I Z&K
Inspectors have the knowledge, skill, and experience to inspect all the
anticipated construction operations for this contract. Throughout the
project, the inspectors will review contract documents, plans, and permits.
Inspectors will monitor and enforce construction noticing requirements.
The Z&K Inspectors will use their expertise to provide field conflict
resolutions. The Inspectors' primary duties will be to inspect and verify all
work in place meets the requirements of the contract plans and
specifications, traffic control plans, shop drawings, change orders, and
0&M.
Z&K will verify that all work conforms with the requirements and identify any issues of non-compliance with the applicable codes.
Inspectors will meet with the project design team, City's consultants, and City staff to work out any problems and resolve issues quickly
and efficiently. The Team will make recommendations to the Cityfor any required special inspection or testing of work not in compliance
with the provisions of the contract documents. Z&K understands that all work is subject to review by the City and that the City may
reject any work that does not conform to the requirements of the contract documents.
Document material product to ensure compliance with contract documents. I The Inspector will document material product to ensure
compliance with contract documents. The Z&K Team will maintain a master project schedule to include all completed and scheduled
work. Z&K will provide updates on anticipated closure, detours, etc. The Team will also provide updates to the City on construction
progress and any other pertinent project information. This update will show current conditions and revisions required by actual
progress. The monthly progress billing will be tied to the construction schedule.
Work activities and material deliveries will be assigned the correct completion percentage by the Contractor. This will be reviewed by
the Construction Inspector and discrepancies will be addressed. If necessary, the Contractor will revise and resubmit the schedule of
values. This process ensures the Owner is accurately billed for the completed work monthly. Z&K will approve the monthly construction
schedule, including activity sequences and durations, schedule of submittals, and schedule of delivery for products with long lead-time.
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Coordinate with utility agencies for any utility work required, including prior to
project start, during construction phase, and at project close-out, as needed.
Prior to the preconstruction conference, Z&K will prepare a list of special concerns
and critical items that may require additional coordination throughoutthe project,
including any necessary permits. The Z&K Team will provide ongoing coordination
with public utilities to resolve any construction questions or conflicts, and to avoid
any potential delays or additional costs to the project. Any conflicts with utilities
will be reported to the utility company and Z&K will work to coordinate the
relocation or removal of the utility. The resolution will be reported to the City.
Our team will ensure that the Contractor is aware of all existing underground
utilities by ensuring that Dig Alert tickets are current and up to date prior to
excavation. We will keep track of hazardous and non -hazardous and conflicting
utilities during our regular progress meetings. Additionally, we will communicate
with utilities early since various of utilities may need to be adjusted by the Owner
and require utility coordination.
Coordinate with local utility and governmental agencies for permits, as needed. I The Z&K team is considered a leader in permit
compliance and will regularly verify that all permits needed to construct the project are in order and enforced throughout the project.
Compliance is a key issue on all construction projects, and all Z&K employees are trained internally, particularly in the areas associated
with new permit regulations. Additionally, many Z&K employees hold QSD/QSP certificates.
Z&K will review the contractor's compliance with permit requirements, including all building permits, special permits, permits with
agencies and utilities, encroachment permits, and NPDES permit. The team will ensure that all applicable fees have been paid and all
approvals for jurisdictions over the Project have been obtained.
Verify approved BMPs are correctly implemented and maintained. Monitor
compliance with National Pollutant Discharge Elimination System (NPDES) permits
and requirements. Monitor compliance with all other local, state, and federal laws
and regulations. ) Z&K Inspectors will enforce water quality best management
practices and SWPPP throughout all phases of the project. Z&K understand the
importance of managing the Storm Water Pollution Prevention Plan (SWPPP). Our
team includes QSD/Ps and inspectors fully knowledgeable regarding storm water
BMP implementation and maintenance requirements. Our team is very
knowledgeable in the development, implementation, and reporting requirements of
a SWPPP.
The Contractor will be required to file a Notice of Intent (NOI) with the SWRCB and
to develop a SWPPP. We will monitor the contractor for compliance and confirm
that required sampling takes place during rain events and required reports are filed
into SMARTS. We will review the contractor's compliance with regulatory permits,
mitigation measures, storm water regulations, and the SWPPP. Z&K will notify the Contractor immediately if control measures are not
installed correctly and will oversee a prompt correction. We will be available to assist with the document review, uploading the
document to the SMARTS system, obtaining a WDID number, and implementation of the plan.
Perform and review soil compaction testing, asphalt concrete testing, and concrete slump and strength testing, and/or coordinate
special testing, inspection work, and surveying, as required. I Our proposed staff has extensive documentation and filing experience.
We will perform and review soil compaction testing, asphalt testing, and concrete slump and strength testing, and/or coordinate special
testing, inspection work, and surveying work, as required. Our Inspectors know that a complete record of the project must include a full
set of all contract drawings, addenda, specifications, change orders, logs, submittals, and RFI's. Filing will include correspondence with
all stake holders and permit agencies, reports (daily, weekly, monthly) showing all day-to-day operations, the contractor's workforce,
and equipment. In addition to the materials on hand, materials testing reports and sampling, copies of all permits, SWPPP plan, all
reports, updates, and all other contract documents related to the construction of the project will be documented. Our internal QA/QC
process is simple and does not require additional time demands of the City. Routinely, our Construction Manager or Inspectors will
conduct independent reviews of the project records for their adherence to the required policies and procedures. Z&K will coordinate
preparation of the as -built plans with the Design Engineer.
Photograph project prior, during, and after construction. I The Z&K proposed staff will complete and maintain field file bound
workbooks including daily, weekly, and monthly reports logging any working day reports, change order documentation, equipment on
site, crews/personnel, and photographs (before, during and after construction). A monthly Construction Manager progress report will
include an overview of work accomplished during the previous month, an overview of work to be accomplished the following month,
an updated schedule (based on the Contractor's schedule of values), a list of problem areas, if any, and proposed corrective actions,
and a bar graph comparing the monthly and cumulative invoiced amounts with the total authorized CM budget. These reports will be
submitted to the City via email and/or hardcopy.
Understanding of Metro grant funding requirements specific to the El Segundo Boulevard Improvement Project (Attachment Q. Info on
Measure M Multi -Year Guidelines can be found on Metro's website: https://www.metro.net/about/measure-m/ ) Z&K will ensure that
the City has all necessary information to comply with the funding requirements. Our team is experienced in complying with funding
reporting and filing requirements. We pay close attention to these requirements and deadlines so that project funding remains
unaffected and so that file audits are conducted quickly and efficiently. Ourteam is also experienced in ensuringthat project documents
show compliance with DBE reporting requirements, DBE goals, and/or good faith effort documented. Proper Project documentation is
key in any audits.
Page 24 of 26
Agreement No. 6600
Attend project related meetings, which may include but not limited to, with local government agencies, utility agencies, the Contractor,
the Designer, and the City of El Segundo. I Z&K will attend a pre -construction conference with the City, affected agencies, and the
Contractor, as well as the design engineer, utilities and other agencies. An agenda will be prepared in advance to notify attendees of
key items for discussion. At the pre -construction conference, we will discuss special contract and/or concerns, and establish the protocol
to be used throughout the project.
The meeting will highlight the contractor's responsibility for items such as order of work, permit and environmental agreements, safety
and access, progress pay requests, labor compliance, submittals, RFIs, CCOs, quality control, materials certification, schedule updates,
and weekly meetings. Z&K will review the baseline schedule and verify that it meets all the required information prior to issuing the
Notice to Proceed to the Contractor. Z&K will prepare and promptly distribute meeting minutes to all attendees.
Review and evaluate proposed change orders made by the Contractor. Provide City staff with a recommendation on proposed change
orders, as needed. I Z&K works proactively to eliminate or reduce project impacts from change orders. Z&K will provide first -line
management of CCO administration including review and evaluation of CCO requests; independent estimates; project mitigation such
as possible alternatives and negotiation as the City's advocate; written approval from the City's Construction Manager prior to approval
of any extra work; investigation and inspection of site conditions that differ from those described in the contract documents; schedule
impact and analysis and verification; recommendations to the project Owner on acceptance; impact mitigation; review of submittals in
support, and recommendation for resolution, of claims and disputes; and verification of costs.
Review shop drawings and submittals from Contractor. I As part of its Quality
Assurance program, Z&K will coordinate and ensure prompt processing and
an efficient turnaround time for contractor requests for interpretation (RFIs)
of the plans and/or specifications to ensure that the project is kept on
schedule. Quality assurance includes quality of the constructed work as well
as the quality of the Contractor's document processes. The Z&K CM will take
a proactive approach with the Contractor and the Design Engineer to ensure
the quality of the RFI process is maintained. Z&K regularly performs internal
audits of its field operations to ensure the proper implementation of
procedures for Z&K's quality assurance program.
Z&K will log, track, manage the distribution, and ensure timely review of all
submittals and RFIs. The log will identify each submittal and resubmittal, the
date received, when the submittal, is returned to the contractor, the action
required, and other pertinent information. We will coordinate with the
Design Engineer for their review of technical submittals and RFIs and any
required design revisions. Z&K will coordinate the review of shop and working
drawings submitted by the Contractor for compliance. Submittal and RFI
reviews will be prompt.
Assist in reviewing progress payments made to the Contractor for work performed. Provide complete measurements and calculations
to administer progress payments. I The Z&K staff bring a detailed understanding of the City processes for administering Contractor
progress payments per the City's standards & procedures. We will work closely under the direction of the City and with the contractor
to verify that the contractor's payments are processed, provide recommendations, and ensure they are executed promptly by the
contract documents and City's procedures.
Z&K will reconcile the work done with the pay requests. Z&K will work with the Contractor on required corrections to the pay requests
and ensure that they are in the format and forms required by the City. The pay requests will be submitted to the City with a statement
that they have been reviewed. Z&K will keep accounts of all pay requests including amounts retained, dates submitted, dates paid,
actual payments, changes in contract amounts, and any other pertinent information.
Upon project completion, conduct a final inspection and project close-out. Ensure all punch list items have been addressed. I Z&K will
provide the City with both hard and electronic copies of project documentation, including a report stating that the installation of all
improvements required by the project have been completed in accordance with the plans and specifications. Z&K will calculate the
amount of final payment due to the prime Contractor and prepare the proposed final estimate. Z&K will also review and process the
release of retention. Z&K will obtain evidence of certification of the release of all liens and stop notices. Z&K will obtain certification of
delivery of record drawings to the City and design engineer.
Z&K will advise the City when the Notice of Completion (NOC) should be filed. Z&K will prepare the final punch list when the contractor
has certified and demonstrated the work is substantially complete. Our construction manager will take a proactive approach at
processing close-out documentation including completion of final punch list items, guarantees/warranties, subcontractor liens,
retention, and final acceptance/certificates of completion, orderly transfer of key records and documents, resolution of outstanding
issues, final payment preparation and processing along with final acceptance or record drawings. Z&K will also provide the City with
necessary data needed for acceptance of the project, such as release of retention, certification of release of all liens and stop notices,
certification of delivery of record drawings.
Page 25 of 26
February 10, 2023
Ms. Cheryl Ebert, P.E., Project Manager
City of El Segundo, City Clerk's Office
350 Main Street, El Segundo, CA 90245
Agreement No. 6600
CONSULTANT'S
BUILDING SOLUTIONS
Subject: Fee Proposal: Request for Proposals for Construction Inspection Services for the
El Segundo Boulevard Improvement Project, RFP No. 22-06
Dear Ms. Ebert,
Z&K Consultants Inc. (Z&K) proudly presents our cost proposal for Construction Inspection Services for the El Segundo Boulevard
Improvement Project, RFP No. 22-06. Our not -to -exceed total lump sum fee for Construction Inspection Services is $259,560.00.
Z&K Consultants based our cost proposal on the scope of work provided in the Request for Proposals. All prevailing wage
requirements will be followed by the team. All team members are in conformance with the State of California Labor compliance
requirements. Rates included in our Cost Proposal are fully billable rates. All overhead costs are included. All insurance will be in force
at the time of contract execution.
Z&K has carefully selected this "A -Team" and committed our most qualified staff for the duration of the contract to deliver a
successful project. We understand the importance of meeting budgets and schedules; we have a strategic plan in place to deliver
projects with such benchmarks in mind. Our proposed team members are recognized as experts in Construction Management and
Inspection services and will provide "turn -key" Construction Management and Inspection services for the City of El Segundo Citywide
Pavement Rehabilitation Program.
Below is a table with the hourly rate schedule:
Z&K Consultants, Inc Hourly Rates:
Senior Project Manager/Construction Manager........,.. ... _........... ..... .......... ........ ............. ,....,.._....... ...........,... $158.00
Senior Construction Inspector ................... .......... ......... ......... ......... ......... ....... .. $140.00
Project Manager/Labor Compliance........................................................................... .......... ...................... . $142.00
NOT -TO -EXCEED FEE SCHEDULE
The not -to -exceed fee amount is based on 80 working days. Our cost proposal includes a Senior Construction Inspector 8 hours a day
for 80 working days to fulfill the Construction Inspection Services per the RFP. Our cost proposal does not include as -needed services
including Project Management and Material Testing Services. Task 1— Construction Inspection Services and Task 3 — Material Testing
Services are outlined in Section E of the Proposal, Scope of Services. Task 2 — Project Management Services are as outlined on pages A-
2 and A-3 and are as -needed.
CONSTRUCTION INSPECTIONFOR THE
EL SEGUNDO BOULEVARD IMPROVEMENT, PROJECT, RFP
NO. 22-06
Senior Project
Manager/
Senior
Project
Material
Task/ Classification
Construction
Construction
Inspector
Manager/ Labor
Compliance
Testing
Total Cost
Manager
(Hrs)
(Hrs)
Services
(Hrs)
Hourly Rate
$158.00
$140.00
$142.00
Hourly Rates
Attached
Task 1 - Construction Inspection
0
1,200
0
0
$168,000.00
Task 2 — Project Management Services
120
0
300
0
$61,560.00
Task 3 — Material Testing Services
0
0
0
$30,000.00
$30,000.00
TOTAL
$18,960.00
$168,000.00
$42,600.00
$30,000.00
$259,560.00
Z&K Consultants commits that all assigned personnel will not be removed or replaced without prior written City approval. Key
personnel will be available to the extent proposed for the duration of the contract. Our proposed and fully committed team is fully
capable and exceptionally qualified. They have held many leadership roles and supervisory management positions in many local
agencies including the private and public sectors. All can multi -task, are multi -disciplined, and have a full understanding of al/ aspects
of the proposed project requirements.
I will serve as the contact person for the full duration on the contract and I am authorized to bind the firm to the terms of the
proposal. By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of
not less than 90 days from the date of submittal. The payment terms shall be net thirty (30) days. We are excited about this
opportunity to serve the City of El Segundo and are committed to the successful completion the City's important project.
Sincerely,
Crystal Fraire, PE, QSD/P I President, Z&K Consultants Inc.
473 E. Carnegie Drive I Suite 200 1 San Bernardino, CA 92400
951.310.7470 1 cfraire@zandkconsultants.com
Z&K Consultants, Inc. I www.zandkconsultants.com 1951.310.7470 A-1
Agreement No. 6600
CONSULTANTS
BUILDING SOLUTIONS
PROJECT MANAGEMENT SERVICES DURING CONSTRUCTION AND PROJECT CLOSE-OUT PHASES
Administer the contract (general contract administration and oversight of project) I Z&K will be responsible for all contract
administration duties such as coordinating weekly site meetings with the contractor and city staff and prepare and distribute meeting
summaries.
Daily project field review and documentation of construction activities (daily reports and digital photo of significant issues and
milestones) I The Z&K Inspectors have the knowledge, skill, and experience to inspect all the anticipated construction operations for
this contract and will be on site daily to monitor and document daily progress of the contractor and verify that all work in place is
compliant with the project plans and specifications. Z&K will complete and maintain daily reports, including records of equipment on
the job, idle or working time of the equipment, crews/personnel, and digital photos of significant milestones (before, during and after
construction).
Monitor Contractor's daily labor force for compliance with state & federal labor laws I Z&K will perform labor compliance tasks as
needed, including verifying certified payroll reports, DBE utilization, subcontractor utilization, and labor interviews, to ensure that the
Contractor is in compliance with state and federal labor laws.
Field verification of traffic control procedures and consistency with approved Traffic Control Plan I Z&K staff members have
experience with performing field verification of traffic control on construction sites and understand the importance it has on project
safety. The proposed staff will regularly review traffic control equipment and oversee personnel as required by the project. Z&K will
monitor all traffic control activities to ensure they are performed at the standards set by the Work Area Traffic Control Handbook
(WATCH) Manual, and that ensure that all traffic control equipment is compliant with the Manual of Uniform Traffic Control Devices
(MUTCD).
Conduct progress meetings and prepare meeting minutes (gauge project health) I Z&K will gauge project health throughout the
project by conducting weekly progress construction meetings. At each weekly meeting, all ongoing issues will be reviewed and
discussed. All project stakeholders will be invited to the weekly meeting. An agenda of meeting topics will be distributed in advance
and weekly meeting minutes will be prepared and promptly distributed meeting minutes to project stakeholders.
Coordinate with agencies and different stake holders to ensure smooth progress of construction activities I At the kickoff meeting,
Z&K will establish coordination and a line of communication to be used among all agencies and stakeholders throughout the project.
Our PM will be in charge of project communication and coordination with Z&K, City staff, the design engineer, and the contractor
throughout the construction phase. Z&K will document all necessary communications throughout the project and will ensure that all
questions and inquiries are fulfilled in a timely manner.
Monitor project schedule I The Z&K Team will maintain a master project schedule to include all completed and scheduled
construction work. Z&K will regularly update this schedule to reflect construction progress and provide updates on anticipated
closure, detours, etc. The Team will also provide updates to the City on any other pertinent project information affecting the
construction schedule. This update will show current conditions and revisions required by actual progress. The monthly progress
billing will be tied to the construction schedule. Work activities and material deliveries will be assigned the correct completion
percentage by the Contractor. This will be reviewed by the Construction Inspector and discrepancies will be addressed
Verify quantities and assuring quality control I Quality assurance includes quality of the constructed work as well as the quality of the
Contractors document processes. Z&K will review the Contractor's quality control and assurance procedures to ensure adequacy.
Quality control issues will be discussed at each weekly meeting. An ongoing deficiencies/corrective items list will be maintained,
reviewed, and updated weekly.
Field observations of site safety I Z&K Consultants take extreme pride for being a very safety conscious organization implementing a
safe environment both in our offices and on our project sites. We monitor the Contractor and their subcontractors for safety
compliance for meeting local, state, and federal safety requirements. We also ensure the trades and the Contractor are always safety
conscious in everything they do in the Project. Z&K will review the Contractor's compliance with workplace safety and health
standards and notify the City of non-compliance.
Maintain complete and accurate project records I Our proposed staff has extensive documentation and filing experience. Our
Inspectors know that a complete record of the project must include a full set of all contract drawings, addenda, specifications, change
orders, logs, submittals, and RFI's. Filing will include correspondence with all stake holders and permit agencies, reports (daily, weekly,
monthly) showing all day-to-day operations, the contractor's workforce, and equipment. In addition to the materials on hand,
materials testing reports and sampling, copies of all permits, SWPPP plan, all reports, updates, and all other contract documents
related to the construction of the project will be documented.
Review and recommend approval/disapproval of monthly progress pay estimates I The Z&K staff bring a detailed understanding of
the City processes for administering Contractor progress payments per the City's standards & procedures. We will work closely under
the direction of the City and with the contractor to verify that the contractors payments are processed, provide recommendations,
and ensure they are executed promptly by the contract documents and City's procedures. Z&K will reconcile the work done with the
pay requests. Z&K will work with the Contractor on required corrections to the pay requests and ensure that they are in the format
and forms required by the City.
Verify NPDES and SWPPP compliance I Z&K team members understand the importance of compliance of environmental
documentation and BMP's, particularly when it comes to managing the Storm Water Pollution Prevention Plan (SWPPP). Our team
includes Q D/Ps and inspectors fully knowledgeable regarding storm water BMP implementation and maintenance requirements. We
will monitor the contractor for compliance and confirm that required sampling takes place during rain events and required reports are
filed into SMARTS. We will review the contractor's compliance with regulatory permits, mitigation measures, storm water regulations,
Z&K Consultants, Inc. I www.zandkconsultants.com 1951.310.7470 A-2
Agreement No. 6600
,CONSULTANTS
and the SWPPP. Z&K will notify the Contractor immediately is control measures are not installed corrRc�+�R wiMYrT prompt
correction,
Process submittal of RFI weekly statement of working days, change orders and progress payments. I Quality assurance includes
quality of the constructed work as well as the quality of the Contractor's document processes (such as RFls, weekly statement of
working days, change orders, progress payments, submittals, etc.). Z&K will be proactive with the Contractor to ensure the quality of
their submittals. Likewise, lax procedures for the processing of RFIs may lead to misunderstandings and delays. The Z&K CM will take a
proactive approach with the Contractor and the Design Engineer to ensure the quality of the RFI process is maintained.
Coordinate punchlist and as-builts I Z&K's PM will be responsible for coordinating the preparation of a final punchlist, which will
include guarantees/warranties, subcontractor liens, retention, and final acceptance/certificates of completion, orderly transfer of key
records and documents, resolution of outstanding issues, final payment preparation and processing along with final acceptance or
record drawing. Z&K will also coordinate the final preparation of as -built drawings upon project completion. Z&K will monitor any
changes and create redlines on as -built drawings and coordinate the as -built plans.
Ensure that materials and completed work comply with plans, specifications and design criteria I Z&K team members have the
knowledge, skill, and experience to ensure that all the materials and anticipated construction operations for this contract and will be
on site to monitor and document daily progress of the contractor and verify that all work in place is compliant with the project plans
and specifications, and design criteria.
Implement security procedures I Z&K project managers will implement the necessary security procedures for the Project.
Coordinate survey and material testing I Z&K will be responsible for coordinating and supervising all surveying and materials testing
activities ensure all required testing is performed with the required frequencies and documented properly, and that all materials and
workmanship throughout the project meets the contract requirements and acceptance specifications.
Process control documents, submittals, RFI, weekly statement of working days, change orders, work change directives. I Quality
assurance includes quality of the constructed work as well as the quality of the Contractor's document processes (such as RFIs, weekly
statement of working days, change orders, progress payments, submittals, etc.). In Z&K's experience, lack of quality in the paperwork
with items such as poor submittals and unanswered RFIs may lead to lack of quality in the constructed product. Z&K will be proactive
with the Contractor to ensure the quality of their submittals. Likewise, lax procedures for the processing of RFIs may lead to
misunderstandings and delays. The Z&K CM will take a proactive approach with the Contractor and the Design Engineer to ensure the
quality of the RFI process is maintained.
Compliance with Caltrans encroachment permit requirements, if applicable I Throughout the project, the inspectors will review
permitting requirements (including Caltrans encroachment permit requirements), agency requirements, local regulations, and any
other contract documents or plans to ensure the project's compliance.
Coordinate Project closeout activities which include staff report, Notice of Completion, release of retention, warranty walk, archiving
documents, etc. I Z&K will coordinate project closeout activities provide and City with both hard and electronic copies of project
documentation, including a report stating that the installation of all improvements required by the project have been completed in
accordance with the plans and specifications. Z&K will calculate the amount of final payment due to the prime Contractor and prepare
the proposed final estimate, review and process the release of retention, obtain evidence of certification of the release of all liens and
stop notices, certification of delivery of record drawings to the City and design engineer. Z&K will prepare the final punch list when the
contractor has certified and demonstrated the work is substantially complete and advise the City when the Notice of Completion
(NOC) should be filed.
Z&K Consultants, Inc. I www.zandkconsultants.com 1951.310.7470 A-3