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CONTRACT 6726 Professional Services AgreementAgreement No. 6726 Agreement No. PROFESSIONAL SERVICES AGREEMENT �. ....w BETWEEN THE CITY OF EL SEGUNDO AND KOA CORPORATION This AGREEMENT is entered into this 16th day of August, 2023, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and KOA Corporation, a CALIFORNIA CORPORATION ("CONSULTANT"). 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $998,589.82 for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit 'A" which is incorporated by reference. 2. SCOPE OF SERVICES,. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. -1- Rev 3/28/23 Agreement No. 6726 Agreement No. 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 August 16, 2023, to June 30, 2025. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A", B. Termination as stated in Section 15. 8. TIME FOR PERFORMANCE. -2- Rev 3/28/23 Agreement No. 6726 Agreement No. A. CONSULTANT will not perform any work under this Agreement until: CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and 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 hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 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 Services; and B. Exhibit B: Fee 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 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 -3- Rev 3/28/23 Agreement No. 6726 Agreement No. 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" 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 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 -4- Rev 3/28/23 Agreement No. 6726 Agreement No. 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. il. 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. 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 222, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 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. -5- Rev 3/28/23 Agreement No. 6726 Agreement No. 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 is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 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: Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits $1,000,000 $1,000,000 $1,000,000 Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. 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 -6- Rev 3/28/23 Agreement No. 6726 Agreement No. 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 15. 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 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: Attention: Chuck Stephan KOA Corporation If to CITY: Attention: Elias Sassoon City of El Segundo -7- Rev 3/28/23 Agreement No. 6726 1100 Corporate Center Drive, Suite 201 Monterey Park, CA 91754 323-260-4703 cstephan@koacorp.com Agreement No. 350 Main Street El Segundo, CA 90245 310-524-2356 esassoon@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. 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 Attachments, 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. -8- Rev 3/28/23 Agreement No. 6726 Agreement No. 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. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 35. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code § 16.5, 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 transmission. Such electronic 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. 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] -9- Rev 3/28/23 Agreement No. 6726 Agreement No. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Darrell George City Manager ATT T. TrAy Weaver, City Clerk APPROVED AS TO FORM: MARK D. H NS, EY, City Attorney By: KOA CORPORATION By: Min Zhou, Vice President / Area Manager Title: a Taxpayer ID No. s-45IS j 0 Joaqu r V , Assistant City Attorney -1 0- Rev 3/28/23 Agreement N• . 6726 EXHIBIT A ,1Ii 'rl (')IIIItUlIll:CO N° ""')""IIII' " ION COO�IRMIMArIIII )N KOA will schedule a project kickoff meeting with the City and project team members. Topics discussed will include project budget, scope, timeline, community engagement strategy, site visits, Constructability Review, Value Engineering, Construction Bid Package assembly, bid support and any other relevant issues. CUNSTRUC IIIIIIIIII,IIII"'rY I'.IIIEIIII; IIM KOA will perform a thorough Constructability Review evaluation, and an independent Rough Order of Magnitude (ROM) construction cost estimate. KOA will perform a value engineering exercise and make recommendations to the City. After review with the City and designer, any comments will be incorporated into the review document. C IIIIIIIII; I G )N AMID IC IIIIIIIII; ° („ ILA ""'IIII""' IIIR Y)IIII'; )' ) ""r" "")"" IIII IIIIN f„ KOA will track permit status and verify that all permits needed are obtained prior to construction.. YI IIII IN[ .IIIY 11IIIY III IIY YIIIII `11 IIIYIIIII Y KOA can assist the City and designer in the preparation of the Bid Package (i.e Plans, Specifications, and Cost Estimate). KOA will provide responses to RFI's received from bidders and coordinate any required Addenda; review proposals received from bidders; check that bid submittals are complete and in compliance with the Instructions to Bidders; check references provided by bidders and provide recommendation to award. KOA and RTEA will coordinate with the City's DIR compliance liaison. P110 ) IECI MIMMI101 , IIIC"f )lull lllI JIIIIIII; ) ")"" S "'llIl I" IIIC R )° IIII') IIII' � IIIE, (IIIY IIII �)"" ) �"NI The services for construction management and inspection shall implemen t project controls in accordance with the Building Permits; referenced standards and specifications; City of El Segundo standards; referenced building Codes and standards; the project plans and special provisions; grant funding; and other noted references. 1, OWN41""'IIII""""'IIII""' S & Sl°MIP DRAWINGS KOA will review submittals and shop drawings for completeness and general conformance with the contract documents. KOA will recommend key contractual requirements for the contractor to clearly indicate submittal processing requirements in the project schedule. Submittal comments will be monitored to identify potential impacts to quality, cost or schedule, with recommended alternatives and/or solutions. All shop drawings, samples and other submittals received from the contractor will be logged and routed to the City and designer. Responses will be logged and transmitted to the contractor. The submittal approval process will be tracked throughout the project to ensure timely response to avoid contractor claims for delay. II),IIIIl Upon receipt, KOA will log, distribute and respond to each Request for Information (RFI) as required. It is anticipated that most will be handled upon receipt. However, in the event that the designer or City staff are required to answer questions, the construction manager will coordinate a timely resolution. KOA will identify potential impacts to cost or time that may result due to issues identified in RFIs, with recommended alternatives or solutions to mitigate the potential impacts. An up to date RFI log will be maintained for the duration of the project. I°" IIIEIIIII°° ) (1 KOA will coordinate laboratory, jobsite, and offsite testing of construction materials and required observations per construction documents, construction codes, and jurisdictional agencies. KOA with Twining and Ninyo & Moore will provide for soil and material testing and inspections services. Additionally, any special/deputy inspections are to be provided by the Contractor per City direction. Anticipated testing will include asbestos, lead and air clearance testing, soil, compaction, PCC sampling, and strength testing. CITY OF EL SEGUNDO Agreement No. 6726 D O ( ) M E II ""rA""'IIII""' IIIOIII) IIII IIIINl ""')"'°ERP[IETXI10N & )""' 11141111 14 III IIII ""'IIII""ANCE KOA will perform the coordination and expediting between the contractor, design team and City Staff to clarify interpretations of the construction documents. Timely, firm and fair determinations will be processed to minimize project cost and time impacts. Complete and current project files shall be kept current and shall be available to the City at all times. The files will consist of the contract, correspondence related to the contract, proposal requests, clarifications, permits, logs, reports, RFI's, field orders, change orders, claims inspection reports, test reports, and so forth. KOA has a detailed file indexing system for all project files, and a contract administration database customized for public works agency construction management for the management of electronic data and documents. KOA has developed customized forms, reports database structure, and work breakdown structure, well suited for all applications. We will adapt our system to the specific needs of the project, to monitor, track and control the project. This detailed tracking system will enable us to provide an accurate assessment of the progress to the City with recommendations to maintain or improve adherence to the approved project schedule. Q IIII' W Illh°°) IIII f ( IIII'° IIII I IIIIIIIII; ): ) IIII IIII, )' IIII II IW'1° I°""'("" j KOA will prepare and maintain an electronic photo journal documenting the construction progress. Photos shall be taken before construction begins, during construction and upon completion of the project. KOA will prepare weekly progress photo reports delineating the progress made that week and noting any major decisions and milestones achieved. Q ,IIII Y MNS""'lllf"'RUCTION OB SE')'' "IIII II�4 IW .111191 IU'I IIII"°S KOA will compile daily observation reports documenting the contractor's workforce, material and equipment used, a summary of construction activities, field problems, disputes or claims, resolutions of issues and directions given to the contractor. Completed daily reports will be transmitted to the City on a weekly basis. Illh°° E III : I Y S""I"" 11111M N ""'IIII""' OF!IRKUMG DAYS KOA will prepare a weekly statement of working days documenting the construction progress, time of completion, delays and time extensions, and submit to contractor and the City on a weekly basis. The weekly statement of working days is typically discussed and agreed upon at each progress meeting and transmitted as an attachment to the minutes. )11111 IIIEIIII! IIII) Y )''r IIII''°10G IIII''° 111E S IIII 1111)11111""'IIII""' �I IIII lliui Weekly progress meetings will be mandatory for the Contractor and staff, and optional or on an as needed basis for the City and design team staff. Bi-weekly meetings will be held prior to construction. All parties are invited to attend in person or via remote. Meeting minutes will be distributed to all team members. Meeting discussions will focus on: Contractor's detailed Four -Week look -ahead schedule, Status of actual overall progress compared to the baseline schedule, Progress and major decisions during the last week, Discussion of important issues or issues which require detailed discussion or review of plans and specifications, Update of unresolved items from previous meetings, and the Status of submittals, RFI's and change orders. m r i Y l)1111!WIIII'""'IIII""s KOA will prepare a monthly project status report to the City. It shall include a summarized report of construction activities; construction observation reports; progress descriptions with photos; description of equipment used; comparison of actual vs. planned progress; contractor's latest detailed four -week look -ahead schedule, as reviewed by KOA; identification and discussion of current issues, pending change orders, actions, and resolutions; discussion of new project goals; comparison of actual vs. planned budget expenditures; Master Trend Log of potential and approved changes; report of progress payments and invoices; Labor Compliance Reports for contractor and subcontractor employees (if required); QA/QC of testing and regulatory compliance issues; analysis of change order impacts or potential problems on schedule and budget. I �� � , I ��E. , a�?�;iai�: ^'..e���I, � f . �'. a/ i` � 1 " + 1111 .' %A��l"{',�%" � i " � l ±Rik UO f� f , �:fl�, � JJ�,'A � � ��G �Dt�. I N�4r��I i/`� � ;.S'W7� ✓,Y,";7W%J�/III�IIIIIIIf�I�fIIII��f� A LOCHNER COMPANY ICOO�RDUNA""'IIII'°° IIIOIIP4 WI 1h°° It IE S III IIII..° IIIIINI!; IIII) "S Mh Illwllll,1114" ; u rIII IIIw ,IIII°°r m IIII 1111'' IIII � ""'IIII'°"IIII 111hl KOA will perform outreach to and work with the City, facility users, nearby affected property owners' and residents' to resolve their concerns. KOA will coordinate with local utility companies for their on -going underground and above ground utility work. KOA will ensure utility coordination throughout the construction phase of the project is performed by the general contractor. )"'m' IIII kMS, 1111''A' III ) („) ) `IIII`° S KOA will periodically review the contractor's as -built updates on the approved job plan, identify missing items and requiring the Contractor to keep as -built records up to date. KOA's inspectors will keep their own set of as -built plans which will note conditions encountered and/or installed, identify where any design or field changes are required (utilizing the corresponding RFI/change order numbers) and note the location of critical building components that are covered by finish work. IIII'° N '...IIII''°° IIII1111 IIII111m iIIII '°"°"IIII N The Construction Inspector will perform the final job walk and prepare the punch list (deficiency list). KOA will coordinate and observe payments to date, current payment requested, retainage, the completion of required corrections. Should the contractor lag on a portion of the completion of work, KOA will estimate the value of incomplete items and recommend specific retainage in accordance with the contract. If necessary, a change order will be recommended for approval for completion of the remaining work such that the City may file the notice of completion and start the time after which stop notices and/or claims are no longer valid. I11114 A 1, UMSRI!K II IIII All corrections must be made before KOA recommends processing the "Notice of Completion". KOA is noted for our attention to detail. We excel at closing out our own projects and we have been requested to and successfully close out problem client projects where our services are not initially utilized. Upon completion of the punch list and final sign off by all project stakeholders, KOA will make recommendations to the City regarding Contractors final progress payment request and prepare final progress payment report for submission to City. w f Illw IRIII°, IIII° Iwr 1111'f 11119111; °°°I°° f ' I 11,... 01)"'1111"° DOCI I V1 E, IIII'°',,M'I °°I°° ° KOA will review "as -constructed" plans and prepare "as -constructed" reports. KOA will help the contractor maintain a field set of updated "as -constructed" plans. KOA will continually document changed field conditions and not rely on the contractor to document "as -constructed" conditions. KOA will report and photograph field condition changes. Discrepancies will be discussed, resolved, and recorded. Completed "as -constructed" plans will be submitted to the City. KOA will provide a final project report, detailing all relevant aspects of the project, including budget, reasons for bid price variations, schedule information, as -built plans, and technical details, including project photographs. IIw11'f IIIR MMPw ,( NC )IIII; KOA with RTEA will provide for review of the Certified Payroll reports, and compare to the Daily Inspector reports, DIR Prevailing wage rate determinations, and Contractor reports to verify that the project is in compliance with required labor payment provisions. ` I14 A N GIllwlll; ) IIIC IIIw1111; Illw S KOA will establish, implement and coordinate systems for processing all contract change orders. Issues that identified as a potential change to the design, scope, cost, or schedule will generate a change notice, as determined by KOA. The plans and specifications will be reviewed against the change notice. If the issue does not appear to be included in the plans or specifications, a Request for Quotation (RFQ) will be sent to the contractor. Any credits for work deleted as a result of the change will be required at this time. The contractor's response to the RFQ will be evaluated for reasonableness and completeness. KOA will prepare independent cost estimates for comparison with the contractor's proposal. Upon the City's approval, KOA will prepare, log and process change orders for full execution, and administer their implementation. ti' 11 1*WT%£.,�,'; M,IIiyF"rCa� ✓i '!1 „1�` � ,. ,. A LOCHNER COMPANY Once fully executed, KOA will review the timely completion of the work and coordinate inclusion of the change order in the appropriate payment application. KOA will maintain a Trend Log, listing potential changes as identified. It shall be used such that potential change items are not overlooked or deferred until the end of the job. 11) NGE ) 11" Q111 11 NT CL '(IIII S IIII' )IIII;S 11 LITION KOA will implement claims management process to minimize changes to the project and avoid claims such that the project can be quickly and successfully closed out. KOA will not defer difficult issues and will process only change issues that have been analyzed and determined to have merit. Those items will only be recommended for consideration when the most reasonable cost and time has been negotiated and alternatives to avoid the impact have been resolved. M ° 111 1114!SS IIII' IlfE'(�d1111` IIII' IIII'° IIIIIIIIISS)IIIIS A cost control system, based on the contractor's schedule of values, approved change orders, and the contract amount shall be developed and implemented to monitor progress costs. Monthly cost reports will be submitted as a component of the monthly progress report. KOA will review the payment applications submitted by the contractor and determine whether the amount requested reflects the progress of the contractor's work. Appropriate adjustments to each payment application will be required by the contractor. When the payment application is acceptable and all backup documentation is verified, KOA will prepare and submit a progress payment report. It shall state the total contract price and actual amounts owed for the current period. The KOA Team is experienced in evaluating complex pay applications. Ml4TIRAC""'IIII""' IVSHkRED I""'""'IIIIIIIIIIIIS BMP's, environmental and safety measures will be required from the Contractor. WATER POLLUTION CONTROL L / S E T PRACTICES/HOUSEKEEPING/SITE SAFETY/PROTECTION The Contractor will be required to provide for project safety and environmental protection. The Inspector will monitor implementation, issue corrective notice to the Contractor if needed, and apprise the City on the status of these work items. SURVEY MONUMENTS Prior to the start of work, the Contractor will be required to locate all existing survey monuments in the project area. Existing monuments shall either be (1) protected in place or (2) for those monuments that might be disturbed, tie -off and submit a pre -construction record map, and then reset and file a post -construction record map with the County after construction is complete. MEASUREMENT AND PAYMENT The Inspector will carefully record measurements for constructed work so that proper payment may be made. Quantities will be verified with the Contractor and reported to the City's Project Manager. Quantities that appear to be significantly different from the bid amounts will be brought to the attention of the City PM. pp 1S S""' C"" S 1 J c no�,jNAGEK�9A'114 KOA will provide part-time Construction Management (CM) services with our experienced CM staff. KOA has developed baseline Construction Management procedures that are used as a baseline for our capital improvement construction projects. Since every project is unique, we will tailor our procedures to our clients' needs for each project. Procedures for these projects will include a full review of the plans and specifications, and funding source requirements, to develop complete checklists of requirements for construction operations, documentation, and reimbursement requests. /' „qi � r ; r ✓ r r� 2, ';;.! ��; ,J ' ,+Il r � ' : r`' / � , '� � '(' i % % r, � ,,, %:. � r � � ,,r.,.. � t, ;>; � if� ti:;r ,., 9 in A LOCHNER COMPANY KOA will coordinate QA/QC activities on a daily basis and review activities as they happen, to make sure that QA/ QC procedures are followed and deficiencies are resolved in a timely and efficient manner. The CM will maintain a chronological log of all records. Rejected work will be thoroughly documented, photographed, and tracked until repaired or replaced to the satisfaction of the City. The primary objective of KOA's quality control program is to ensure that every aspect of the work is constructed in accordance with the contract documents and approved submittals, in compliance with the applicable code and to industry standards. In addition, that it is performed consistent with the owner's expectation. Regular quality control checks include: • Obtaining Contractor input regarding materials, means and methods; • Management of contract documents to assure that only the most current documents are used; • Management of submittals and approvals to ensure complete contract compliance; • Management of samples and all associated approvals to ensure contract compliance; • Verification of site conditions to ensure that all preparatory work required to be performed is complete and that the work areas are safe; • Develop and follow the approved Quality Assurance Plan (QAP) • Monitoring of all contract work -in -progress to ensure that quality standards are consistent with contract documents, which includes testing and deputy inspection; • Documentation of quality procedures, checklists, test and inspections; • Maintain detailed written and photographic records to protect the City against spurious claims. KOA's quality control plan will address each aspect of construction management and inspection. The issues addressed include adherence to budget; generating a forecast of potential expenses to maximize time for financial decisions; monitoring and addressing schedule issues; safety monitoring; quality monitoring; progress reporting; documentation control; construction management budget; and morale check of the team. KOA's main objectives are to construct a project that meets or beats the project requirements with the most economical cost and with minimal frustration for the City. We strive to fully closeout projects quickly and efficiently with no remaining issues to resolve. QA will apply to each phase of the project-Constructability Review, Pre -Construction Coordination, Construction Phase, and Closeout. m 0 N111 S""1"" 1111„J C ""1""IIII IPA IIII IIII' IIIIIIIII; ""'A'N""IIII 11 KOA will provide full-time Construction Inspector (CI) services (8 hours per day) with our experienced inspection staff. KOA has adequate alternate resources to provide additional and backup support services as needed. The Cl will provide for the following efforts: • Perform daily on -site observations of the progress and quality of construction to determine if the work being performed is in general conformance with the contract documents. • Attend project -related meetings, including preconstruction meeting, weekly project meetings, and daily project meetings with contractor. • Be thoroughly familiar with the project plans and specifications, City standards, Standard Specifications, and Standard Plans. • Monitor traffic control, BMP's, USA and traffic control measures. • Coordinate material testing services and monitor testing results. • Monitor and verify survey monumentation compliance • Maintain project diary • Ensure contractor maintains updated as -built drawings OfT , FF OyII#'i1 r4%N �.8';% IIT»di"Jf Agreement N• . 6726 - COMPANY Immediately notify the City of any directives, recommendations, or notices from other agencies. Exercise reasonable care and diligence to discover and promptly report to the City all defects or deficiencies in the materials or workmanship used in the Project. • Coordinate with City staff and dispatch emergency services; residents; waste disposal, and other stakeholders. Coordinate with utility agencies. • Provide for Public Outreach. • Prepare daily inspection reports with the following items and transmit them to the City: » Labor (Trade and Classification) » Hours worked » Equipment used Description of activities Quantities constructed » Problems, issues, accidents, disputes, claims » Directives and Field Orders » Resolution of issues » Materials delivered and/or incorporated into the work » Stormwater protection » Safety measures and issues » Traffic Control measures » Weather » Recommendations to the CM for non-performance or other issues » Photographs IM ATIIII''...... IIII IIIIA L ')""' E s""r (IING SERVICES Provided materials testing, special inspection, geotechnical observation and testing if necessary, and laboratory testing. Materials testing services included sampling and testing of asbestos and lead containing materials, concrete, including checking slump, temperature and casting a set of concrete cylinders for each batch of concrete. Specialty inspections included concrete batch plant inspection, and masonry and welding inspection. I ""')""'""" 'm 0 II11 111 S""(""IIII'' ( ) C""'Nu""'IIII I IIIVIIII; KOA will assist the City in closing out the project, including: • Development of the construction "punch list" and "punch list" schedule of remaining work • Verification that all work is complete and performance of final inspection • Final project photographs • Verification of material testing compliance and remedial measures • Verification of survey monumentation compliance • Submittal of As -Built plans • Review final progress payment quantities • Delivery of project files to the City (in printed and digital format). Y507 ,�0` 5 ", r, u 09, A LOCHNER COMPANY C IIH III', U III ,JII', CON I IIII'I IIII We understand that time is of the essence for this project. The work must be pursued aggressively to completion while coordinating with concurrent site work (including utility undergrounding). KOA will stay on top of the schedule and require the Contractor to show good faith in completing the work on time and on budget. Factors affecting production, such as material deliveries, laborers, and coordination of work will be discussed weekly, and more often as needed to maintain progress. Where progress is impacted, KOA will require the Contractor to provide alternate schedule modifications to perform the work. During the progress of construction, KOA will compare the contractor's monthly schedule updates to the baseline schedule and any approved time extensions, note any shortcomings and monitor and track corrections by the Contractor to keep the Project Schedule on track. KOA will closely monitor the contractor's work. The contractor will be required to submit a four -week look -ahead schedule at the weekly meetings which will be updated weekly and presented at the weekly construction progress meetings. This is a very effective tool in helping to coordinate the construction operation, particularly regarding interface operations with the City's activities. This tool will keep the entire team looking one -month ahead of the project and will facilitate proactive handling of project activities and issues. If necessary, KOA will negotiate time extensions due to change orders or other delays. WEEKLY PROGRESS MEETINGS Weekly progress meetings will be mandatory for the Contractor and staff, and optional or on an as needed basis for the City and design team staff. All parties are invited to attend in person or via remote. Meeting minutes will be distributed to all team members. Meeting discussions will focus on: Contractor's detailed Four -Week look -ahead schedule, Status of actual overall progress compared to the baseline schedule, Progress and major decisions during the last week, Discussion of important issues or issues which require detailed discussion or review of plans and specifications, Update of unresolved items from previous meetings, and the Status of submittals, RFI's and change orders. POTENTIAL L Contractor/Subcontractor Performance, Delivery of the project is ultimately dependent on the performance of the Contractor, and by extension, vital subcontractors. The Contractor (and Subcontractors) should be incentivized to perform as contracted by including contract features such as the Performance Bond, Liquidated Damages, and stipulated schedule reporting requirements. Schedule shall show critical path items which will be pursued aggressively. Upon default, the Contractors bonding company will assume project ownership and will need to pursue completion of the project, but we want to avoid that condition as much as possible. Architect. Prompt, timely participation by the Architect in providing supportive feedback is critical to maintaining the schedule and avoiding delay claims from the Contractor. We will expect the Architect to actively engage in the process and provide timely responses to Requests for Information, proposed Change Orders, Submittal Reviews, and general project questions. The Architect should participate in project reviews, meetings, and anticipate upcoming difficulties. Material Deliveries. Delivery of materials has proven to be a huge difficulty in meeting project schedules this year. Manufacturing and supply chain delays have added up to a year of delay for some material deliveries. While recent shipping costs have declined, we have seen a significant rise in cancelled shipments, and manufacturing issues persist. For critical materials, we strongly advise our clients to consider purchasing materials prior to construction and supply to the Contractor as "Owner Provided Materials". We are finding that some products are simply not available for at least a year, and that we need to consider the use of alternate products. On the other hand, construction is expected to decline over the near future, which may free up the availability of products and construction labor. Site Coordination. Due to no fault of the Contractor, ongoing parallel site work by others (such as the underground utility work) may obstruct the project and delay the work. KOA, the Contractor, and the City will need to coordinate work with others to ensure that conflicts are negated or minimized. CITY OF EL SEGUNDO JFN ir', ,® ���11 o A LOCHNER COMPANY Subcontractor Coordination. Often, specialty subcontractors will be schedule on multiple projects simultaneously that result in'delays to appearing on site and/or providing competent personnel. KOA will work with the Contractor to monitor Subcontractor performance and outlook, especially on the 4 week look ahead schedule. Problem Subcontractors may need to be replaced if necessary to maintain performance and schedule. We have managed to control project delays on various projects by considering or implementing one or more of the above measures. SCHEDULE REVIEW KOA is very familiar with the entire mainstream scheduling software utilized by the public works contracting industry, including, but not limited to Primavera and Microsoft Project®. KOA will review the baseline construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead- times. The KOA Team can evaluate the baseline project schedule for the following: • Consistency with the contract schedule; • Accurate start dates, completion dates, other dates detailed in the contract; • Any impacts of weather and change orders; • Sufficient detail, including submittal process and procurement requirements, especially for long lead items; • Sequence of construction and correct schedule logic; and • Identification of the critical path and project float. The schedule will not be approved as the baseline until all discrepancies are resolved. U3f !%J ✓, ; I1�WI%fj i ,r.;�.,,, 1, �✓,%r/�,��/%/// ///I l/Mf ll EXHIBIT B Agreement No. 6726 M C36080 FEE PROPOSAL FOR SERVICES FOR RFP NO. 23-04 CONSTRUCTION MANAGEMENT SERVICES FOR THE URHO SAARI SWIM STADIUM CITY OF EL SEGUNDO JUNE 6, 2023 TO: Cheryl Ebert, Senior Civil Engineer City of El Segundo 350 Main Street, El Segundo CA 90245 T: (310) 524-2321 FROM: Chuck Stephan, PE Managing Director of CM Division 1100 Corporate Center Drive, Suite 201, Monterey Park, CA 91754 T: (323) 260-4703 1 www.koacorp..com Agreement No. 6726 KOo,A 6/6/2023 COST PROPOSAL Page 1 of 3 A LOCHNER COMPANY CITY OF EL SEGUNDO CONSTRUCTION MANAGEMENT SERVICES FOR THE URHO SAARI SWIM STADIUM RFP No. 23-04 DIRECT LABOR Classification/Title Name Hours jActual Hourij Rate Total Principal Sr Construction Manager Construction Manager Construction Manager Office Engr/Admin Inspector C. Stephan D MacMahon S. Deonarine J. Taylor (Alternate) I. Soliman Inspector 72 280 1440 280 2040 $ $ $ $ $ $ 93.67 85.69 75.97 72.12 48.75 65.50 $6,744.24 $23,993.20 $109,396.80 $0.00 $13,650.00 $133.620.00 LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for calculations) INDIRECT COSTS d) Fringe Benefits (Rat. 39.72% ) f) Overhead (Ra 31.47% ) h) General and Administrative (Rate 78.38% Total Hours 4112 $287,404.24 $10,777.66 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $298,181.90 Total Fringe Benefits [(c) x (d)] $118,437.85 g) Overhead [(c) x (Q] $937837.84 i) Gen & Admin [(c) x (h)] $233.714.97 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $445,990.67 FIXED FEE k) TOTAL FIXED FEE [(c) + (J)] x fixed fee: 10.00% $ 74,417.26 1) CONSULTANT'S OTHER DIRECT COSTS (ODC) — ITEMIZE (Add additional pages if necessary) Description of Item Quantit Unit Unit Cost Total Shipping & Reproduction 1 LS $0.00 Travel 0.00 Mile $0.00 $0.00 1) TOTAL OTHER DIRECT COSTS $0.00 m) SUBCONSULTANTS' COSTS (No markup --proposed allowance for estimated services shown) RT Engineering & Associates (Allowance) $ 30,000.00 Twining Inc (Allowance) $ 30,000.00 Ninyo & Moore (Allowance) $ 25,000.00 MEP (Allowance) $ 75,000.00 DSC (Allowance) $ 20.000.00 m) TOTAL SUBCONSULTANTS' COSTS $180,000.00 n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) + (m)] $180.000.00 TOTAL COST [(c) + 0) + (k) + (n)] $998,589.82 NOTES: Assumes 6 months preconstruction, 12 months construction period 1. All costs comply with State of California prevailing wage rates where required 2. Anticipated salary increases calculation (page 2) accompany this proposal January 2018 Agreement No. 6726 COST PROPOSAL Page 2 of 3 (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Consultant KOA Corporation 1. Calculate Average Hourly Rate for l st year of the contract (Direct Labor Subtotal divided by total hours) #REF! Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract per Cost Proposal per Cost Proposal Rate Duration $287,404.24 4112 - $69.89 Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate Proposed Escalation Year 1 $69.89 + 5% $73.39 Year 2 Avg Hourly Rate Year 2 $73.39 + 5% $77.06 Year 3 Avg Hourly Rate Year 3 $77.06 + 5% $80.91 Year 4 Avg Hourly Rate Year 4 $77.06 + 5% - $80.91 Year 5 Avg Hourly Rate Year 5 $80.91 + 5% $84.96 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours Total Hours Completed Each Year per Cost Proposal per Year Year 1 25.00% * 1028.0 = 257.0 Estimated Hours Year 1 Year 2 75.00% * 3084.0 = 2313.0 Estimated Hours Year 2 Year 3 0.00% * 0.0 = 0.0 Estimated Hours Year 3 Year 4 0.00% * 0.0 = 0.0 Estimated Hours Year 4 Year 5 0.00% * 0.0 = 0.0 Estimated Hours Year 5 Total 100% Total = 4112.0 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours (calculated above) (calculated above) Cost per Year Year 1 $69.89 * 1028 = $71,851.06 Estimated Hours Year i Year 2 $73.39 * 3084 = $226.330.84 Estimated Hours Year 2 Year 3 $77.06 0 = $0.00 Estimated Hours Year 3 Year 4 $77.06 * 0 = $0.00 Estimated Hours Year 4 Year 5 $80.91 x 0 = $0.00 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $298,181.90 Direct Labor Subtotal before Escalation = $287.404.24 Estimated total of Direct Labor Salary Increase = $10,777.66 Transfer to Page I NOTES: 1, This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, 2 An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e, $250,000 x 2% x 5 yrs = $2 3 This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4 Calculations for anticipated salary escalation must be provided. January 2018 Agreement No. 6726 COST PROPOSAL Page 3 of 3 Consultant KOA Corporation er-tificati n of lair Co t 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. 1 Aal ? 1 l!otiited SUIle', COLle SMIJ01: 112 - Letting of Contracts 4. 111 `'acla a l" 1"`cdc a KaV Ilc * a fat"saua 11art 3 1 - Contract Cost Principles and Procedures 5. 2,1 t "na a ��I" i e�1�mu �ulmm Regal~udogs 1° pq 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Cody o 1`cdes fl Ike ,a� atiaans I':�ul �1r11'%1' - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant orSubconsultant Certifvine: Name: C. Stephan �0 Title*: Princi a1 Signature: c Date of Certification: 6/6/2023 Email: Dale h tt Icoaogr .cttt Phone Number: 310.525.0678 Address: 1100 Corporate Ctr Dr #201, Monterey Park CA 91754 List services the consultant is providing under the proposed contract: Construction Management and Inspection January 2018 www.koacorp.com Agreement No. 6726 M REQUEST FOR PROPOSALSBID 0 paa,a.. dip *toll CONSTRUCTION MANAGEMENT SERVICES FOR THE URHO SAARI SWIM STADIUM RFP No. 23-04 Location: 219 W. Mariposa Ave. El Segundo, CA 90245 The estimated construction cost for these proposed improvements: $12M.. City of El Segundo, Public Works Department April 12, 2023 Dear Sir/Madam, The City of El Segundo invites qualified Construction Management firms to submit a sealed proposal to provide construction management services related to the renovation and improvements of the Urho Saari Swim Stadium (The Plunge) located at 219 W. Mariposa Avenue, El Segundo, CA 90245, based on the final design currently in progress. Five (5) hard copies and one (1) electronic copy of the sealed proposal must be received by the City Clerk by: 11:00 a.m. PST, June 6, 2023 City of El Segundo City Clerk's Office 350 Main Street El Segundo, CA 90245 Late proposals will not be accepted. Interested parties may obtain a copy of this RFP by accessing the City of El Segundo website: llttp�. www.else undo.or over°rtnient de artments cit-cleo-k bid-rf Any and all updates, addenda, questions and answers and changes to this RFP will be distributed through the Bid/RFP webpage. The city will not be held responsible or liable if interested bidders or proposals miss any information relevant to this RFP. Page 1 of 10 Agreement No. 6726 Section 1: Introduction and Project Description The City of El Segundo is seeking the services of Construction Management firm with experience in Aquatic facilities, to provide Construction Management services for the renovation of the Urho Saari Swim Stadium (the Plunge). The estimated construction cost of the proposed improvement is $12M. Any questions regarding this RFP may be emailed to cebertCa,)e1segundo.org.no later than May 23, 2023. Answers to all questions will be posted on the City's website by 5:00 p.m. on May 25, 2023. The scope of professional services to be provided shall include the completion of the tasks described herein, as well as other elements or modifications which may be agreed upon through the request for proposal process. All services shall be provided in accordance with the City's standard Professional Services Agreement which is provided as Attachment E. Mandatory Site Visit All firms must attend a mandatory site visit of the Urho Saari Swim Stadium at 219 W. Mariposa Ave. El Segundo, CA 90245 on May 18, 2023 at 10:OOam. Note: Please check Public Works website under Bids/RFP section for up to date information. Bac ,eround and History The Urho Saari Swim Stadium is named after a highly regarded swim coach who came to the area in 1941. Urho Saari coached Olympic water polo and swim teams. He quickly became an athletic aquatic legend in the South Bay region. The Urho Saari Swim Stadium is a beloved jewel to the residents of El Segundo. Originally built in 1940 as a federal government Work Progress Administration (WPA) project, the larger pool has 8 lanes and is 25 yards long. There is also a separate junior pool. Both pools operate on the same filtration system and all pool systems (filtration, chlorination, and mechanical) are in need of an upgrade. Prior to COVID-19, the pool was programmed year-round, Monday- Friday 7a.m.-9pm, Saturday 6am- 3:30pm and Sunday, 8am-12pm. The shallow end of the large pool is 4-feet and the deepest end of the pool is 12-feet. In the past, swim teams and water polo teams used the pool for practices, scrimmages, and meets. The City allows for private water polo teams to rent the space for practice and private contractors to rent the pool for parent and me classes. City programming includes recreation swim, lap swim, fitness classes, and swim lessons. The City has another outdoor year round facility (El Segundo Wiseburn Aquatic Center) and one small outdoor seasonal facility (Hilltop Pool). Although a closure for renovations will impact programming, some displaced programming can be accommodated at the larger aquatic facility. See Attachment A for the Plunge Vicinity Map and Location Map. For the conceptual phase of the project, in FY 20-21, the City partnered with Mithun Architect consultant, and hosted community surveys, a virtual community meeting, and stakeholder meetings with staff and Recreation and Parks Commission members to assist in guiding the conceptual design based on the results of the needs assessment. The proposed conceptual design identified code compliance issues, ADA requirements, mechanical, electrical, and plumbing upgrades and needed enhancements for CO2 systems and pool system controllers, while incorporating architectural enhancements that assist in approving the overall appearance and feeling of the facility. Page 2 of 10 Agreement No. 6726 Final De ien / Construction Document (Phase For the final design of the project, the City engaged IBI Group, an architectural firm now part of Arcadis, to provide a detailed engineering and architectural plan for the proposed renovation of the facility, which will include specifications, special provisions, and construction contract documents based on investigative analysis of the building. IBI Group work is broken into three main phases of work, which include the following: 1. Schematic Design, from May 2022 to September 2022, included further refinement of the conceptual design to determine required ADA improvements, fire protection, information technology (IT), audio video (AV), and security upgrades, and suppression improvements, and overall layout of locker rooms, pool equipment, the lobby area, the proposed terrace, and the office space on the second floor. Data gathering, site visits, and preliminary investigations occurred during this phase and the following information was obtained: Phase I Environmental Site Assessment — provided to evaluated for Recognized Environmental Conditions (RECs), Historical RECs (HRECs), or Controlled RECs (CRECs). RECs, HRECs, or CRECs were not encountered during the investigation and preparation of the report. b. Hazardous Building Material Survey (for asbestos and lead) —Asbestos-containing materials and lead -containing surfaces were documented to exist in the facility and will need to be remediated during construction. c. Historical Resources Evaluation Report — provided to evaluate eligibility for listing in the National Register of Historic Places and the California Register of Historical Places. The facility is not registered on either of the Registers, but is designated a Local Cultural Resource by the City of El Segundo in 1994. The facility is being designed to maintain historical eligibility and preserve the facilities character, should the City decide in the future to apply for the National or State Registers. d. Mechanical, Electrical, Plumbing, and Technology Concept Report— provides minimum design criteria for mechanical, electrical, plumbing, and technology for the design of the facility. e. Seismic Design Maps and Seismic Design Evaluation Report— provides an evaluation and recommendations for seismic and structural upgrades to the existing building. 2. Design Development, from January 2023 to March 2023, focused on further refinement of equipment and material selection and layout throughout the facility. Additional investigative analysis of the facility was done, including a leak detection study that found that the main drain needs to be replaced, that additional analysis needs to be done related to the soil below the pool, and that waterproofing the facility below grade may need to be evaluated. The City and IBI are still investigating unforeseen conditions in the facility to be included in the final design of the project. Construction Documents, from April 2023 to July 2023, will focus on refining and finalizing the plans and specifications for constructability, agency approval and for bidding. Toward the end of this phase, the City expects to engage the Construction Management firm for constructability reviews prior to bidding. Fully scope of services for Construction Management firm are herein. Page 3 of 10 Agreement No. 6726 Final Design Architectural Firm. IBI Group, now part of Arcadis 1001 Wilshire Blvd, Suite 100 # Los Angeles, CA 90017 SubConsultants Aquatic Design Consultant —Aquatic Design Group Civil Engineer— Brandow & Johnston Structural Engineer— Engelkirk Structural Eng. MEP + Fire + IT/AV/SEC — Integral Cost Estimating — OCMI Hazardous Material — Ninyo & Moore Geotechnical — Earth Systems Environmental — Ninyo & Moore Historic Resources Consultant — Historic Resources Group, LLC Acoustics — Veneklasen Lighting — Chromatic A link for the documents prepared during conceptual design and currently available construction documents (plans and specifications) prepared by IBI Group can be obtained in the Attachment section at the end of this RFP. Section 2: Scope of Services The selected firm shall provide professional Construction Management services continually throughout the construction of the project and assure that all construction elements and systems work individually and together as intended and required. Construction Management shall effectively and efficiently ensure that all work complies with the approved construction documents and applicable codes and regulations. For the Urho Saari Swim Stadium, scope of services may include, but are not limited to the following: Project Management, Design, and Bidding Services • Prepare and maintain a practical schedule during this phase that could be distributed to City Council, Executives, and/or the Public. Bi-weekly progress reports, including the work tasks, schedule, and budget shall be submitted to the City Project Manager, or designee. • Constructability review of the City's front-end documents, technical specifications, and contract drawings. o Constructability review of Architectural Design, Civil Design, Building Systems, and Aquatics Design (including pool heater capacity), and all components included in the design. • Review cost estimates prepared by the Architect. • Value Engineering. • Bidding assistance, as needed. o It will be requested of the firm to prepare for and conduct the pre -bid meeting with Page 4 of 10 Agreement No. 6726 prospective contractors. o The City Clerk's office receives bids for projects. City staff will request bidding assistance from the firm related to qualifications of contractor's, evaluation of bid proposals, and evaluation of bonds, insurance coverage, and financial capability. o Confirm scope between trades to minimize conflicts and ensure scope is provided. o Review and approve the schedule of values submitted by the Contractor at the commencement of the Project. The schedule of values should contain sufficient detail to track to work progress and facilitate approvals of the contractor's monthly progress payment applications during construction phase. o Utility coordination, as needed. o Develop a critical path schedule for the project to be completed in a fast -paced manner. Construction Management and Inspection Services For the Urho Saari Swim Stadium, scope of services may include, but are not limited to the following: • General: o Work with Owner, Architect, and Contractor to clearly define roles and responsibilities during construction and develop a construction management plan. o Bi-weekly progress reports, including the work tasks, schedule, and budget shall be submitted to the City Project Manager, or designee. o Ensure that the Contractor has obtained all permits necessary for the performance of the work and that permit conditions are being met. o Monitor the Contractor's safety program. o Ensure timely delivery of all construction work. • Meetings: Manage and conduct meetings with the Owner, Architect, and General Contractor and produce meeting minutes from each meeting. Prior to construction, meetings should be bi- weekly meetings. During construction, meetings should be weekly meetings. • Electronic Document Control System: Develop and maintain an electronic document control system to manage and track all project documentation, including at a minimum, contract plans and specifications, correspondence, meeting minutes, progress reports, progress payments, submittals, shop drawings, request for information (RFI), potential change orders, change orders, daily reports, and photographs. • Submittals: Coordinate the submittal / shop drawing review process and route all transmittals to the appropriate reviewer. The firm shall maintain a log to track the status and review action of all submittals and ensure that all submittals required by the contract documents have been submitted by the contractor. • RFI's: Coordinate the RFI review process and route all RFI's to the appropriate reviewer. The firm shall maintain a log to track the status and review action of all RFls. • Schedule: The firm will be principally responsible for reviewing and approving the contractor's baseline schedule, weekly look -ahead schedules, monthly schedule updates, and recovery schedules. • Change Orders: The firm shall establish and implement a change management procedure, including management of the change order process and reviewing, negotiating, and responding to proposed change orders from the contractor. The firm shall implement a proactive approach to minimize change orders to the extent possible. All negotiated change orders shall be reviewed and approved by the City Project Manager, or designee. The firm shall monitor and verify the authorized change order work. Page 5 of 10 Agreement No. 6726 Claims: The firm shall receive, review, and recommend response on any potential claims. Firm shall evaluate the validity of each potential claim and provide a recommendation to the City regarding entitlement and resolution. Inspections: The firm shall provide full-time inspection services to verify that the contractor's work is performed in compliance with the contract documents, applicable codes, local regulations, and construction permits. Inspection services shall include, but are not limited to, architectural, civil, structural, mechanical, electrical, aquatics equipment (chlorine feeders, filters, pumps, heaters, etc.), information technology (IT), audio video (AV), security, fire protection, material inspection, quality control and assurance, materials testing coordination, and daily inspection reports. The firm shall document the contractor's daily activities with a daily construction report using an approved template and shall be filed each day. Photographs of construction activities shall be included in the daily reports. The firm's staff performing the inspections shall have relevant experience and technical certifications in the designated field of expertise for which inspection services are being provided. Firm shall also verify that the contractor submits timely requests for inspection and permit signoffs from Los Angeles County Public Health and the Authority Having Jurisdiction (AHJ). Materials testing/specialty testing: The firm shall provide material testing and specialty inspection services, as needed, to ensure materials are furnished and installed in accordance with the contract documents. The Consultant shall develop and maintain a log of inspection and material testing services to compliance with the contract documents. Progress Payment: Review any monthly payment request for completeness and accuracy including proper payroll documentation and lien releases are in order and make recommendation for payment to Owner. Firm shall review the Contractor's certified payroll to ensure compliance with prevailing wage requirements. Close Out: o Receive close-out items including as -built drawings, operation and maintenance manuals, and warranties as required. o Prepare punchlists, in conjunction with the Architect and Owner. o Assist in obtaining occupancy permits. o Assist with commissioning the building. o Prepare a final close out report with recommendations on final payment, notice of completion, and turnover of closeout documentation. Section 3: Administration and Management The selected construction management firm will provide a detailed plan for project management, communication/ coordination, and construction management to ensure successful and timely completion of the project per contract documents. The selected construction management firm must submit progress reports with each monthly invoice. It is important that the selected construction management firm strictly adhere to the schedule for the project and ensure timely completion. The work will commence upon the issuance of a Notice to Proceed (NTP). For project management, design, and bidding services phase, NTP is anticipated in August/September 2023. For construction management services, NTP is anticipated in Spring 2024 when Contractor's work commences. The selected consultant shall attend designated El Segundo Recreation and Parks Commission (including sub- committees), El Segundo City Council and/or other public meetings through all phases of this project Page 6of10 Agreement No. 6726 until final completion. For the purpose of this proposal, please include adequate number of meetings with City staff and with stakeholder's needed to complete the project. Section 4: The proposal, at a minimum, should include the following information: A. Cover Letter including the name of the main contact and their contact information including name, title, address, phone number and email address. Construction management firm should also indicate their willingness, ability, and availability to complete the project per the requested scope of work. B. Project Proposal including consultant's understanding of the project and a description of how the consultant will approach the project with specific milestones and deliverables as outlined in this RFP. Any issues and challenges that may be encountered must be provided in this section. C. Qualifications; demonstrating firm's expertise in successfully managing projects of this size and type as described, including work for municipal agencies. References must be included. D. Personnel and Project Management including a list of key project staff and their qualifications, including sub -consultants, if any, to be retained by the consultant. Include an organization chart of the proposed project team including hourly rates. Include a statement committing the Project Manager and Lead designer to the entire project from start-up to completion, noting workload and availability. E. Scope of Services to be provided with a breakdown of specific tasks.. F. Fee Proposal for Services including a fee breakdown by task. The fee shall be a not -to -exceed amount, including the estimated "other direct costs" such as mileage and reproduction. The Fee Proposal shall include raw and loaded rates, noting overhead and profit percentages, and must be submitted with the proposal in a separate sealed envelope. G. Proposed Schedule to provide the consultant services starting from the date of receipt of a Notice to Proceed from the City. The consultant shall review the submitted schedule by the contractor. In coordination with the contractor, the consultant shall establish a baseline schedule and critical path schedule throughout the project. H. Statement of Acceptance that consultant is agreeable to execute the enclosed Professional Services Agreement, to provide proof of insurance as noted in the agreement and to obtain and maintain a City Business License for the duration of the consultant services. See Attachment D for a sample of the City's Professional Services Agreement. Section 5: Selection Process City staff will recommend a consultant to be approved by City Council. City staff's recommendation will Page 7 of 10 Agreement No. 6726 be based on content within the submittals with an emphasis on consultant's qualifications, project understanding, professional experience, and ability to meet all aspects of the scope of work. City staff will also evaluate based on results of reference checks and proposal fee and rate schedule. The City reserves the right to select any consultant to complete the engineering and architectural detailed design described in this RFP and may elect to hold in -person interviews for final selection. City staff will make a recommendation to the City Council regarding the award of a contract based upon staff's evaluation. The City reserves the right to reject any or all proposals, in whole or part, to waive any informality or irregularity in any proposal, and to accept the proposal which, in its discretion, is in the best interest of the City. All RFPs will be evaluated based on the following criteria: • Responsiveness and completeness of the RFP (15%). • Consultant team qualifications and overall relevant experience (35%). • Issues and challenges (20%). • Understanding and approach (30%). • Reference checks —to be conducted once qualified consultant is determined. Section 6: Insurance Requirements Type of Insurance Commercial general liability Professional liability Business automobile liability Workers Compensation Limits $2,000,000 $1,000,000 $1, 000,000 Statutory requirement Refer to attached Professional Service Agreement template (Attachment D) for complete details. Section 7: Title VI The City of El Segundo seeks to ensure equity in access to its programs, activities, and services so that every citizen has the greatest opportunity to achieve and obtain the foundations necessary for self- sufficiency and success. All departments and agencies are commits to ensuring that no person is subjected to discrimination, excluded from participation in or denied the benefits of its services on the basis of race, color, national origin, sex, age, creed, disability or English language proficiency, as provided by the Title VI of the Civil Rights Act of 1964, 49 CFR part 21 and all related regulations and directives. Section 8: Additional Information The successful consultant will be selected by the City Council acting within its sole discretion. The City Page 8 of 10 Agreement No. 6726 Council is under no obligation to contract with any consultant„ Proposals will remain effective for sixty (60) days beyond the submittal deadline. All documents, drawings, and findings that are associated with this project will be the property of the City of El Segundo. To be considered, proposers must submit: One 1 electronic copy of their proposal, in a PDF file, to 411cit clerks els Rued . rt The subject title needs to read "RFP#23-04 CONSTRUCTION MANAGEMENT SERVICES FOR URHO SAARI SWIM STADIUM IMPROVEMENT PROJECT". The person submitting the RFP must include in their email, person's full name, title, company name and phone number. Once the City Clerk's office receives the electronic copy of the RFP, staff will reply to the email acknowledging receipt of the electronic RFP. Proposals received after the schedule submittal deadline will not be accepted. AND Five (5) hard copies in a sealed envelope with the name and address of the company submitting the proposal and it should be clearly marked with the words "Request for Proposal (RFP#23-04)" and the title "CONSTRUCTION MANAGEMENT SERVICES FOR URHO SAARI SWIM STADIUM IMPROVEMENT PROJECT" NO LATER THAN: 11:00A.M. PST on June 6, 2023 to: City of El Segundo City Clerk's Office 350 Main Street El Segundo, CA 90245-3813 All submittals received after the scheduled submittal deadline will not be accepted and may be returned unopened at Proposer's expense. If you need additional information, please contact Cheryl Ebert at 310-524-2321 or cebert@elsegundo.org Sincerely, Elias Sassoon Director Public Works Department Page 9 of 10 Agreement No. 6726 RFP Schedule The City reserves the right to make changes to the below schedule but plans to adhere to the implementation of this proposal process as follows: ProjectSchedule pril 12, 2023 RFP Release Date May 18, 2023, 10:00am Site Walk-Through-_Mandato►DL- at Urho Saari Swim Stadium 'May 23, 2023, 5pm Deadline to Submit Questions May 25, 2023, 5pm Answer to Questions June 6, 2023, 11:00am PST Proposals Due June 6, 2023 —June 16, 2023 City Review of Proposals Week of June 19, 2023 Interviews of Qualified Construction Management Firms Week of June 26, 2023 ... ugust 151h, 2023 _ Selection of Construction Management Firm ....................... _... City Council to Award to Construction Management Firm ugust 2023 Commence Project with Constructability Review Attachments The following link provides Attachment A though Attachment E as listed below: tittoslfit ofelse undo.sliarefile.com d-s8e0ce008b55f940fl92c97b6781f41f 8 Attachment A Vicinity and Location Maps (Urho Saari Swim Stadium, El Segundo Wiseburn Aquatics Center, and Hilltop) Attachment B Current Urho Saari Swim Stadium Design (100% Design Development Phase), prepared by IBI Group and consultants Attachment C Data Collected during Conceptual Phase, prepared by IBI Group and consultants Attachment D Conceptual Design and Needs Assessment Report, June 2021, prepared by Mithun, Inc. Attachment E City of El Segundo, Professional Services Agreement (PSA) As -built drawings available electronically upon request. Page 10 of 10 Agreement No. 6726 •iicar w�a�un:w ww wrra- May 25, 2023 REQUEST FOR PROPOSAL ADDENDUM NO. 1 CONSTRUCTION MANAGEMENT SERVICES FOR THE URHO SAARI SWIM STADIUM RFP No. 23-04 With regard to the above -reference proposal number, the City would like to respond to questions received from interested consultants. 1. Has there been any efforts to classify the Plunge as a historical site? if so, what was the outcome of these efforts? City response: Please refer to the Historical Resources Group report titled "Historical Resource Evaluation Report, The Plunge" dated October 2022. There are no further efforts at this time to seek historical designation at the National, State, or Regional levels of government. The City staff will go to the City of El Segundo's Planning Commission to meet the requirements of the Local Cultural Resource designation (per City municipal code). 2. 1 have watched a couple of the City Council meetings and my understanding is the City is looking to bring on a full time PM as soon as possible (to help ensure the project/schedule and milestones provided by your consultants is accurate, realistic and in -line with the City's objectives). In essence, that the PM team is representing the City's best interest with the various contractors during the pre - construction and construction phase and calling upon their experience and knowledge to provide insight and creative solutions. Given your experience with the Plunge, do you know if the City is not looking for a full time PM/CM team at any phase of this project, if so, will the city be providing resources (personnel) for specific tasks. City response: With this RFP, the City is looking to bring in a Project Management / Construction Management team that will keep this project on schedule as the project completes the Final Design in Fall 2023 and starts construction in Spring 2024. The City Project Manager will be involved during the project, and occasional existing staff, but no additional City resources will be broughtin. Page 1 of 5 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 6726 3. It is my understanding the City would like the construction/renovation phase to begin in January 2024, has there been any construction timeline proposed by any of your consultants? If so, given current market backlog and delays, has this been factored into the timeline. 4. City response: The estimated construction timeline is 1-year, but a detailed construction timeline has not been developed by design consultants. The detailed construction timeline will be provided by the contractor as soon as the project is awarded, for the City's approval. 5. Can any electronic documenting system be used? If so, will the City of El Segundo provide this? City response: An electronic documenting system can be used and should be shared with the City of El Segundo. The City of El Segundo does not plan to provide an electronic document system. 6. During the bid walk, it was noted that the City will not pursue LEED certification; However, LEED parameters are shown on the specifications. Please clarify if the city will pursue LEED certification. City response: The City will not be pursing LEED certification. 7. Please advise when the 50% drawings will be released. City response: Use link to 50% drawings: 8. Does the City of El Segundo anticipate any kind of food service at the facility? City response: No. 9. Can the "Project Inspector" noted in Specification 0143 00 Section 1.12 Item A be the PM or CIA lead? City response: Section 0143 00, Section 1.12, Item A needs revision as the Final Design of the specifications progresses. See City response to item 15 for inspection services. Page 2 of 5 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 6726 10. During the bid -walk, it was noted that a request will be made to have the Architect provide a rough schedule. Please confirm if that will be the case and will be shared prior to RFP deadline. City response: No additional schedule will be provided. The contractor will be responsible for a detailed schedule to be approved by the City. 11. Please confirm this job is prevailing wage. City response: The contractor's work will be prevailing wage. The construction manager's work will be per the Professional Services Agreement as provided in the attachments. 12. Are there any moratoriums for construction? City response: The City has a two week moratorium at the end of the calendar year. All Municipal Code requirements related to work hours and noise ordinance shall be adhered to. 13. The scope describes utility coordination, as needed. Has the City retained the services of a Dry Utility Consultant? What is the design team's scope for dry utility coordination? City response: The design team does not have a dry utility consultant. However, Southern California Edison (SCE) design work has been initiated during the Final Design phase, and coordination is currently occurring between SCE and the Electrical Designer. 14. Under Project Management, Design, and Bidding Services, Section 4/Item G, it calls out developing a critical path schedule/baseline schedule. It is typically the responsibility of the contractor to provide a critical path schedule which the construction manager reviews. Please confirm the construction manager is only responsible for reviewing the baseline schedule prepared by the contractor. City response: The contractor will be responsible for developing the critical path schedule/baseline schedule and the construction manager will be responsible for review. The review should include identifying tasks that could be sequenced differently in order to pick up time in the schedule. This will have to be coordinated between City, construction manager, and contractor, and will be evolving throughout the life of the project. Page 3 of 5 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 6726 15. Please confirm the inspection services described are quality assurance only? Confirm all code related inspections shall be provided by the building department and other authorities having jurisdictions. City response: Building code inspections will be performed by the Authority Having Jurisdiction (City of El Segundo). The construction manager will be responsible for quality assurance, including verifying/inspecting that the plans and specifications are being implemented per design. The construction manager will also assist in coordinating specialty inspections and County Health Code inspections. 16. In Section 4, Item D, there is reference to a "Lead Designer". Please confirm only Project Management services are being requested. City response: Correct; only construction management service are requested. "Lead Designer" was accidently included in the proposal and should be removed. 17. The RFP notes construction starting in Spring 2024, does the City have a proposed construction duration? City response: The City is estimating 1 year construction period. The construction manager should estimate services for a 1 year construction period. As stated in the RFP, NTP is anticipated in August/September 2023 for the construction manager services. Construction manager should include the PM and bid phase services for a 6-month period prior to construction start. . 18. (Section 5 of your Professional Services Agreement) Non -Appropriation of Funds. Does it mean if a CM services contract is entered into by city, and the full CM contract amount is not encumbered within your current fiscal year - will the full contract amount be covered irrespective of the fiscal year the CM services fall under? City response: The full amount will be encumbered when the contract is awarded. If the project goes into multiple fiscal years, the encumbered funds will be transferred to subsequent years. Page 4 of 5 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 6726 19. (Section 9 of your Professional Services Agreement) Time Extensions: With regard to delays beyond the Consultant's control, will the additional costs the consultant incurs as a result of these delays be compensated by the city at the appropriate billable rates for staff working on the project? City response: If the project experiences delays beyond the consultant's control, it is expected that the consultant find ways to mitigate staffing hours that may not be needed during potential delays. The City will compensate consultants at appropriate billable rates when deemed necessary and appropriate for the work being performed. 20. General Requirements: Will the city provide temporary offices for the CM staff? City response: The City can currently commit to one cubicle space at City Hall. If future needs arise, the City and consultant can discuss office arrangements in more detail. 21. Section 4, Item G in RFP (Proposed Schedule): Proposed Schedule to provide the consultant services starting from the date of receipt of a Notice to Proceed from the City. The consultant shall review the submitted schedule by the contractor. In coordination with the contractor, the consultant shall establish a baseline schedule and critical path schedule throughout the project. City response: The Proposed Schedule should be provided by the contractor during construction, and this Item G in the proposal will not be required to be submitted by construction manager consultants (and will not be scored as part of this proposal). However, if the consultant has recommendations for proposed schedules, it will be welcome in the proposal. All other specifications, terms and conditions remain unchanged. If you have further questions, please contact me at cebei-t(@elseg,undo.org. Thank you! 0. 6X"& Cheryl Ebert Senior Civil Engineer Page 5 of 5 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489