Costa Mesa City Council
February 1, 2022

City of Costa Mesa

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
Agenda
Via Zoom Webinar6:00 PMTuesday, February 1, 2022
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
The City Council meeting will be held virtually via Zoom Webinar.

Pursuant to the State of California Assembly Bill 361(Gov. Code §54953(b)(3)) the City Council Members and staff may choose to participate by video conference.

You may participate via the following options:

1. Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.

1 REGULAR CITY COUNCIL AND

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Agenda February 1, 2022

2. Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
https://zoom.us/j/98376390419?pwd=dnpFelc5TnU4a3BKWVIyRVZMallZZz09 Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 983 7639 0419/ Password: 905283
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• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 983 7639 0419/ Password: 905283 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

3. Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected]. Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.

4. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.

Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting.

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Agenda February 1, 2022
Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.

The City of Costa Mesa aims to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is currently provided, the Clerks office will attempt to accommodate in a reasonable manner. Please contact the City Clerk’s office 24 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible 714-754-5225 or at [email protected].

El objetivo de la Ciudad de Costa Mesa es cumplir con la ley de Estadounidenses con Discapacidades (ADA) en todos los aspectos. Si como asistente o participante en esta junta, usted necesita asistencia especial, más allá de lo que actualmente se proporciona, la oficina del Secretario de la Ciudad intentara de complacer en una forma razonable. Favor de comunicarse con la oficina del Secretario de la Ciudad con 24 horas de anticipación para informarnos de sus necesidades y determinar si alojamiento es realizable al 714-754-5225 o [email protected].

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Agenda February 1, 2022

CALL TO ORDER

ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Costa Mesa v. Newport Mesa Unified School District, Orange County Superior Court Case No. 30-2021-01179397-CU-WM-CXC.

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa v. Ohio House, LLC, a California limited liability corporation; Richard Perlin, Nancy Perlin, Dolores Perlin, and Brandon Stump as individuals, Orange County Superior Court
Case No. 30-2018-01006173-CU-OR-NJC.

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Insight Psychology and Addiction, Inc. v. City of Costa Mesa, U.S. District Court, Central District of California, Case No . 8:20-cv-00504-JVS-JDE

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Agenda February 1, 2022

REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
February 1, 2022 – 6:00 P.M.

JOHN STEPHENS
Mayor

MANUEL CHAVEZ ANDREA MARR
Council Member - District 4 Mayor Pro Tem - District 3

JEFFREY HARLAN LOREN GAMEROS
Council Member - District 6 Council Member - District 2

ARLIS REYNOLDS DON HARPER
Council Member - District 5 Council Member - District 1

KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager

CALL TO ORDER

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE

MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]
Pastor David Manne, Calvary Chapel, Costa Mesa

ROLL CALL

CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:

1. Proclamation: Lunar New Year 2022 – Year of the Tiger 21-559 Proclamation: Lunar New Year- Year of the TigerAttachments:

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2. Proclamation: Black History Month 2022 – Health & Wellness 21-558 Proclamation: Black History Month- Health and WellnessAttachments:

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments are limited to 3 minutes, or as otherwise directed.

Comments on Consent Calendar items may also be heard at this time.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 4 minutes. Additional comments will be heard at the end of the meeting.

1. Council Member Chavez

2. Council Member Gameros

3. Council Member Harlan

4. Council Member Harper

5. Council Member Reynolds

6. Mayor Pro Tem Marr

7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR (Items 1-6)
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.

1. PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY

OF ALL ORDINANCES AND RESOLUTIONS
21-547

2. READING FOLDER 21-548
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Michael Artiglio, Charles Bonner, Nathan Favela, ATM Global, Nghia Ho, Mercury Insurance, Joshua Mantle, Bibo Song, Ray Taylor.

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3. ADOPTION OF WARRANT RESOLUTION 21-555
RECOMMENDATION:

City Council approve Warrant Resolution No. 2673
Summary Check Register Jan 13, 2022
Summary Check Registar Jan 20, 2022
Attachments:

4. MINUTES 21-557
RECOMMENDATION:

City Council approve the Minutes of the Regular meeting of January 18, 2022. 01-18-2022 Draft MinutesAttachments:

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5. CITYWIDE PARKWAY MAINTENANCE, STREET REHABILITATION, AND SLURRY SEAL PROJECT, CITY PROJECT NO. 21-03
21-519
RECOMMENDATION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project, City Project No. 21-03.

2. Award a Public Works Agreement (PWA) for construction to All American Asphalt, 400 East Sixth Street, Corona, California 92879 in the amount of $2,828,000 (Base Bid including Additive Bid).

3. Award a Professional Services Agreement (PSA) for construction management services to Z&K Consultants, 473 E. Carnegie Drive, San Bernardino, California 92408 in the amount of $299,608.

4. Authorize the City Manager and City Clerk to execute the PWA (Attachment 1) for All American Asphalt and PSA (Attachment 2) for Z&K Consultants and future amendments to the agreements within Council authorized limits.

5. Authorize an additional ten percent (10%) contingency in the amount of $282,800 for construction and also an additional (10%) contingency in the amount of $29,961 for construction management, as needed for any unforeseen costs related to this project.

1. PWA - All American Asphalt

2. PSA - Z & K Consultants, Inc.

3. Street Rehabilitation Map Locations

4. Bid Abstract
Attachments:

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6. POLICE DEPARTMENT RANGE REMODEL AND UPGRADES

PROJECT
21-521
RECOMMENDATION:

Staff recommends the City Council:

1. Approve Amendment No. 1 (Attachment 1) to Gillis & Panichapan Architects (GPa) in order to authorize an additional $38,413 for architectural design services related to Americans with Disabilities Act (ADA) upgrades for the Police Department Range Remodel and Upgrades Project; and

2. Authorize the City Manager and City Clerk to execute Amendment No. 1 to the original Professional Services Agreement (PSA) for GPa and future amendments to the PSA within Council authorized limits.

1. Amendment No. 1

2. Change Order request
Attachments:

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR
------------------------END OF CONSENT CALENDAR------------------------ PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. CITY OF COSTA MESA 2021-2029 (SIXTH CYCLE) HOUSING
ELEMENT (GP-21-01)
21-549
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution that approves and adopts the Initial Study /Mitigated Negative Declaration (IS /MND) including the Mitigation Monitoring and Reporting Program, and approve General Plan Amendment 21-01 for the City of Costa Mesa 2021-2029 (Sixth Cycle) Housing Element update.

1. Revisions to Draft Housing Element (since 01.18.22 Meeting)

2. Planning Commission Resolution

3. Housing Element Update ISMND

4. Mitigation Monitoring and Reporting Program

5. Draft Housing Element (clean version)
Attachments:

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OLD BUSINESS:

1. COMMUNITY WORKFORCE AGREEMENT 21-419
RECOMMENDATION:

Staff requests the City Council:

1. Provide direction on the attached Community Workforce Agreement (CWA) (Attachment 1) for a five-year term between the City of Costa Mesa (City) and the Los Angeles /Orange Counties Building and Construction Trades Council (Trades Council).

2. If approved, authorize the City Manager or designee to execute the agreement and accept any minor modifications to the agreement during the CWA term.

1. CWAAttachments:

NEW BUSINESS:

1. PROFESSIONAL SERVICES AGREEMENT FOR BIOLOGICAL

MANAGEMENT AND HABITAT REHABILITATION SERVICES AT

FAIRVIEW PARK
21-531
RECOMMENDATION:

1. Award a Professional Services Agreement to Endemic Environmental Services, Inc., in an annual amount not- to-exceed $322,595 for professional biological management and habitat rehabilitation services at Fairview Park for a term of two years, with three one-year extension options, with the option to provide Consumer Price Index (CPI) increases during each one-year extension period, plus a five-percent (5%) annual contingency for unforeseen costs, if needed.

2. Authorize the City Manager and the City Clerk to execute the Professional Services Agreement and future amendments to the agreement, including any amendments to extend the term and increase Endemic ’s compensation based on CPI or to utilize the contingency authorized herein.

1. PSA-Endemic Environmental Services Inc.Attachments:

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

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ADJOURNMENT

11 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 21-559 Meeting Date: 2/1/2022
TITLE:

Proclamation: Lunar New Year 2022 - Year of the Tiger
DEPARTMENT: City Manager’s Office

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 21-558 Meeting Date: 2/1/2022
TITLE:

Proclamation: Black History Month 2022 - Health & Wellness DEPARTMENT: City Manager’s Office

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 21-547 Meeting Date: 2/1/2022
TITLE:

PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY OF ALL ORDINANCES AND

RESOLUTIONS
RECOMMENDATION:

City Council and Agency Board approve the reading by title only and waive full reading of Ordinances and Resolutions.

16 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 21-548 Meeting Date: 2/1/2022
TITLE:

READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Michael Artiglio, Charles Bonner, Nathan Favela, ATM Global, Nghia Ho, Mercury Insurance, Joshua Mantle, Bibo Song, Ray Taylor.

17 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 21-555 Meeting Date: 2/1/2022
TITLE:

ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: Finance Department
PRESENTED BY: Carol Molina, Finance Director
CONTACT INFORMATION: Carol Molina at (714) 754-5036
RECOMMENDATION:

City Council approve Warrant Resolution No. 2673
BACKGROUND:

In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.

FISCAL REVIEW:

Funding Payroll Register No. 21-26 “A”for $63,842.52, 22-01 for $3,046,861.22, 22-01 “A”for -$1566.56, and 22-02 for $2,671,058.43 and City operating expenses for $1,376,872.06

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 21-557 Meeting Date: 2/1/2022
TITLE:

MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council approve the Minutes of the Regular meeting of January 18, 2022.

50 Minutes – Regular Meeting – January 18, 2022 Page 1 of 12 City of Costa Mesa
Meeting Minutes
Tuesday, January 18, 2022
6:00 PM
*Note: All agency memberships are reflected in the title "Council Member" 5:00 P.M. Closed Session
Via Zoom

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO

THE REDEVELOPMENT AGENCY AND HOUSING

AUTHORITY
51 Minutes – Regular Meeting – January 18, 2022 Page 2 of 12 5:00 P.M. Closed Session
CALL TO ORDER - The Closed Session meeting was called to order by Mayor Stephens at 5:00 p.m.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr and Mayor Stephens.

Absent: None.

PUBLIC COMMENTS – None.

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Costa Mesa v. NMUSD, OCSC Case No. 30-2021-01179397-CU-WM-CXC.

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (d)(2) of Section 54956.9, California Government Code Bernede v. Costa Mesa, OCSC Case No. 30-2019-01041552-CU-PO-CJC City Council recessed at 4:02 p.m. for Closed Session.

Closed Session adjourned at 5:47 p.m.
52 Minutes – Regular Meeting – January 18, 2022 Page 3 of 12

REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
Tuesday, January 18, 2022– 6:00 P.M.

CALL TO ORDER - The Regular City Council and Successor Agency to the Redevelopment Agency meeting was called to order by Mayor Stephens at 6:00 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
National Anthem by Lilly Urresti and Council Member Gameros led the Pledge of Allegiance.

MOMENT OF SOLEMN EXPRESSION
Led by Pastor Jordan Hansen from Mesa Church.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper (excused at 9:00 p.m.), Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Absent: None.

CITY ATTORNEY CLOSED SESSION REPORT – No reportable action.

PRESENTATIONS: NONE.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Bryce Bunker, Costa Mesa, expressed concerns on a Sober Living Facility located on Purdue Drive and requested more regulations.

Kim Hendricks, spoke on Harbor Soaring Society drones affecting the wildlife at Fairview Park and violators not being ticketed.

Marc Vukcevich provided a video regarding bike safety.

Mike Costello, stated that to his knowledge no Harbor Soaring Society members are flying in Fairview Park and if somebody is violating the rules, they should be cited.

Jenn Tanaka, thanked City Council and staff for their traffic calming efforts at various locations in the city, and spoke in memory of Juan Carlos Miguel.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Reynolds spoke in support of street calming measures, thanked Trellis for Neighborhood cleanup efforts, requested signage and Code Enforcement at Fairview Park, spoke on hiker training for Sierra Club, spoke on the Bikeway and Walkability Committee meeting, and safety on the roads, and requested to adjourn the meeting in honor of Juan Carlo Miguel.
53 Minutes – Regular Meeting – January 18, 2022 Page 4 of 12 Council Member Chavez spoke on street safety, traffic calming measures, raising the sidewalks, adding a bike lane on Placentia Avenue, and requested to adjourn the meeting in memory of Dulce Maria Hernandez.

Council Member Gameros spoke on impaired driving and enforcement.

Council Member Harlan spoke on the Bikeway and Walkability Committee meeting, requested an assessment of the installed traffic calming measures, thanked everyone who participated in the Housing Ad Hoc Committee meeting, and thanked Costa Mesa United for the Mesa Golf Classic tournament and thanked businesses for participating.

Council Member Harper thanked Police Chief Lawrence for addressing crime issues in his neighborhood.

Mayor Pro Tem Marr spoke on the city’s efforts regarding sober living home regulations, spoke on the Housing Ad Hoc Committee meeting, spoke on being active in the community, and spoke on attending a meeting with the business community.

Mayor Stephens thanked city staff for the Snoopy House event, thanked the Police Department for the “Bait car” program regarding catalytic converter theft, spoke on a notable drug bust, spoke on DUI’s, spoke on the city’s efforts regarding sober living home regulations, and spoke on adjourning the meeting in memory of Ruth Ann Moriarty.

REPORT – CITY MANAGER – Ms. Farrell Harrison provided an update regarding covid-19 and City Hall going to appointment only for the short-term, staff moving to A/B shifts, spoke on availability of vaccines, that at home test kits are available through the US Postal Service for free, spoke on redistricting and that January 27 th is the last day to submit maps, and introduced Brett Atencio Thomas as the new Active Transportation Coordinator.

REPORT – CITY ATTORNEY – Ms. Hall Barlow reported that litigation reports will be available in the following week.

CONSENT CALENDAR (Items 1-10)
MOVED/SECOND: Council Member Harlan/Council Member Chavez MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 10 except for items 7 and 9.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: None
Abstain: Council Member Gameros recused himself only on CC-3 the Warrant Resolution because of a conflict of interest as his wife works at Priceless Pet Rescue.

Motion carried: 7-0
54 Minutes – Regular Meeting – January 18, 2022 Page 5 of 12

1. PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY OF ALL

ORDINANCES AND RESOLUTIONS
ACTION:

City Council and Agency Board approved the reading by title only and waived full reading of Ordinances and Resolutions.

2. READING FOLDER
ACTION:

City Council received and filed Claims received by the City Clerk: Mike Baxter, Heizel Castillo, Southern California Edison, Riccardo Grad, Kevin Kono, Damon Levy, Edward Martindale, Ahmad Masri, Mercury Insurance, Estate of Heizel Michelle Pozo-Castillo, Marcial Pozo, Francisco Roman, Ray Taylor, Christianne Leman & Elizabeth Freeman.

3. ADOPTION OF WARRANT RESOLUTION
ACTION:

City Council approved Warrant Resolution No. 2672.

4. MINUTES
ACTION:

City Council approved the Minutes of the Regular meeting of December 7, 2021, the Special Closed Session meeting of January 5, 2022, and the Special Joint Closed Session meeting of January 11, 2022.

5. ADOPTION OF A RESOLUTION TO CONTINUE CONDUCTING MEETINGS OF THE

CITY COUNCIL, COMMISSIONS AND COMMITTEES REMOTELY AS NEEDED DUE

TO HEALTH AND SAFETY CONCERNS FOR THE PUBLIC
ACTION:

City Council adopted Resolution No. 2022-01 to allow the City to continue conducting City Council, Commission, and Committee meetings remotely as needed via Zoom due to:
 The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and
 Federal, State and/or local officials continue to impose or recommend measures to promote social distancing.

6. MONTHLY UPDATE OF STRATEGIC PLAN GOALS AND OBJECTIVES ACTION:

City Council approved the January update to the City of Costa Mesa’s Strategic Plan Goals and Objectives.
55 Minutes – Regular Meeting – January 18, 2022 Page 6 of 12

8. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF COSTA MESA

AUTHORIZING ACCEPTANCE OF ASSISTANCE TO FIREFIGHTERS GRANT (AFG)

AWARD FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ACTION:

1. City Council adopted Resolution No. 2022-03 which ratifies the application for the Assistance to Firefighters Grant (AFG) award from the Federal Emergency Management Agency (FEMA) and authorizes the City Manager to execute the grant agreement for the amount of $730,613.76 for the purchase of Personal Protective Equipment (PPE) and other firefighting equipment.

2. Approved budget appropriations of $664,194.33 from FEMA and the City’s required 10% match of $66,419.43 for the Fiscal Year 2020 Assistance to Firefighters Grant for a total budget of $730,613.76.

3. Approved the City’s 10% match appropriation transfer of $66,419.43 from the FY 2021-2022 General Fund Non-Departmental Adopted Budget to the Federal Grant Fund 230 to comply with the FEMA award requirement.

10. ADOPT RESOLUTION APPROVING RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR FISCAL YEAR 2020-2021 FOR THE PERIOD OF JULY 1, 2022 TO JUNE 30, 2023
ACTION:

City Council adopted Successor Agency Resolution No. 2022-05 approving the Recognized Obligation Payment Schedule for Fiscal Year 2022-23 for the period of July 1, 2022 to June 30, 2023.

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR

7. 2021 PAVEMENT MANAGEMENT RELIEF FUNDING PROGRAM
Public Comments:

David Martinez, Costa Mesa, spoke in favor of the item and suggested additional improvements and changes.

MOVED/SECOND: Council Member Reynolds/Council Member Chavez MOTION: Approve recommended actions.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Nays:None

Absent: None
Motion carried: 7-0
56 Minutes – Regular Meeting – January 18, 2022 Page 7 of 12 ACTION:

City Council approved Resolution No. 2022-02 authorizing the submittal of the Fairview Road Improvement Project to the 2021 Pavement Management Relief Funding Program (PMRF).

9. ADOPT A RESOLUTION SUPPORTING THE ACQUISITION OF BANNING RANCH

BY THE TRUST FOR PUBLIC LAND
Presentation by Mr. Gonzalez, Chief of Staff.

Council Member Reynolds spoke in support of the resolution.

Assembly Women Cottie Petrie-Norris spoke in support of the resolution.

Terry Welsh, President of the Banning Ranch Conservancy, spoke in support of the resolution.

Dave Sutton, California Land Conservation Director for the Trust for Public Land, spoke in support of the resolution.

Public Comments:

Debby Koken, Costa Mesa, thanked City Council and spoke in support of the resolution.

Hank Castignetti, thanked City Council and spoke in support of the resolution.

Marc Vukcevich, thanked City Council and spoke in support of the resolution.

MOVED/SECOND: Council Member Reynolds/Council Member Harlan MOTION: Approve recommended actions.

Council Members Reynolds and Harlan and Mayor Stephens spoke in support of the motion.

MOVED/SECOND: Council Member Reynolds/Council Member Harlan MOTION: Approve recommended actions.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Nays:None

Absent: None
Motion carried: 7-0
ACTION:

City Council adopted Resolution No. 2022-04 in support of the acquisition of Banning Ranch by The Trust for Public Land (TPL) for the permanent preservation of public open space.
57 Minutes – Regular Meeting – January 18, 2022 Page 8 of 12 ---------------------------------------END OF CONSENT CALENDAR---------------------------------------- MOVED/SECOND: Mayor Stephens/Council Member Gameros
MOTION: To Consider New Business Item #1 - 2021 Legislative Report and Update from Townsend Public Affairs out of order, prior to considering the Public Hearing Item.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: None
Abstain: None.

Motion carried: 7-0
NEW BUSINESS:

1. 2021 LEGISLATIVE REPORT AND UPDATE FROM TOWNSEND PUBLIC AFFAIRS Presentation by Mr. McReynolds, Townsend Public Affairs Consultant.

Public Comments: None.

MOVED/SECOND: Council Member Reynolds/Council Member Chavez MOTION: Approve recommended actions.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Nays:None

Absent: None
Motion carried: 7-0
ACTION:

City Council received and filed the 2021 legislative update and report from Townsend Public Affairs.

City Council recessed into a break at 7:57 p.m.

City Council reconvened at 8:10 p.m.

PUBLIC HEARINGS:

1. CITY OF COSTA MESA 2021-2029 (SIXTH CYCLE) HOUSING ELEMENT (GP-21-01) Presentation by Ms. Le, Economic and Development Services Director and Mr. Chen, Kimley-Horn Consultant.

Mayor Pro Tem Marr spoke on the Housing Ad Hoc Committee meeting. 58 Minutes – Regular Meeting – January 18, 2022 Page 9 of 12 Public Comments:

Cynthia McDonald, Costa Mesa, spoke on comments made at the Housing Ad Hoc Committee meeting on Measure Y and upholding Measure Y.

Marc Vukcevich, Costa Mesa, stated Measure Y is an impediment to housing and people would live in Costa Mesa if housing was available with less government regulations.

Discussion ensued on Measure Y and adding measures to the ballot and the process.

MOVED/SECOND: Mayor Pro Tem Marr/Mayor Stephens
MOTION: Receive staff presentation, take public comment, and continue the item to the February 1, 2022 City Council meeting for consideration and adoption.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Nays:Council Member Harper

Absent: None
Motion carried: 6-1
ACTION:

City Council received a staff presentation for the 2021-2029 (Sixth Cycle) General Plan Housing Element Update, took public comment, considered the Planning Commission’s recommendation, provided feedback to staff, and continued the item to the February 1, 2022 City Council meeting for consideration of the Housing Element adoption.

OLD BUSINESS: NONE.

Council Member Harper excused himself from the meeting at 9:00 p.m.

NEW BUSINESS:

2. URBAN MASTER PLAN SCREENING REQUEST (UMP-21-005) FOR A NINE-UNIT LIVE/WORK DEVELOPMENT LOCATED AT 1540 SUPERIOR AVENUE
Presentation by Mr. Yeager, Associate Planner.

Public Comments:

David Davidson, Applicant, spoke on the project.

Cynthia McDonald, Costa Mesa, suggested bike racks, spoke on limited live/work space, and that the project has no affordable housing.
59 Minutes – Regular Meeting – January 18, 2022 Page 10 of 12 David Martinez, Costa Mesa, suggested more bike racks, spoke on limited live/work, remove #28 and #29 parking spaces, and that the intersection at Superior Avenue and Industrial Way be reviewed.

ACTION:

City Council provided feedback on the location, including a retail component, cost of the housing, expectations of the live/work space, the streetscapes, the design, the total street facing area, utilizing the corner locations, and encouraged acquiring the adjacent property.

3. CITY OF COSTA MESA AND COSTA MESA PUBLIC FINANCING AUTHORITY FINANCIAL STATEMENTS FOR THE PERIOD ENDING JUNE 30, 2021 Presentation by Ms. Molina, Finance Director, Ms. Fortune, Budget and Purchasing Manager, Ms. Basho, Accounting Supervisor, and Ms. Farr, Auditor with Davis Farr.

Public Comments: None.

MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Marr
MOTION: Approve recommended actions.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Nays:None

Absent: Council Member Harper
Motion carried: 6-0
ACTION:

1. City Council received and filed the following reports for the fiscal year ended June 30, 2021:
a. Annual Comprehensive Financial Report (ACFR).
b. Air Quality Improvement Fund Compliance Report.
c. Audit Communication Letter.
d. Independent Accountant's Report on Agreed-Upon Procedures Applied to Appropriation Limit Worksheets.

2. City Council and Costa Mesa Public Financing Authority received and filed the Costa Mesa Public Financing Authority audited financial statements for the fiscal year ended June 30, 2021.

4. COSTA MESA FINANCING AUTHORITY FISCAL YEAR 2020-2021 AUDITED

FINANCIAL STATEMENTS
Presentation by Ms. Fortune, Budget and Purchasing Manager, Public Comments: None.
60 Minutes – Regular Meeting – January 18, 2022 Page 11 of 12 MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Marr
MOTION: Approve recommended actions.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Nays:None

Absent: Council Member Harper
Motion carried: 6-0
ACTION:

City Council and Costa Mesa Financing Authority received and filed the Costa Mesa Financing Authority’s audited financial statements for the fiscal year ended June 30, 2021.

5. COSTA MESA HOUSING AUTHORITY FINANCIAL STATEMENTS AND HOUSING SUCCESSOR ANNUAL REPORT FOR THE PERIOD ENDING JUNE 30, 2021 Presentation by Ms. Fortune, Budget and Purchasing Manager, Public Comments: None.

MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Marr
MOTION: Approve recommended actions.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Nays:None

Absent: Council Member Harper
Motion carried: 6-0
ACTION:

City Council and Housing Authority received and filed the following:

1. The Fiscal Year 2020-21 Independent Financial Audit of the Costa Mesa Housing Authority, including the Low and Moderate Income Housing Asset Fund.

2. The Fiscal Year 2020-21 Housing Successor Annual Report prepared under the California Health and Safety Code Section 34176.1 as the housing successor and Section 34328 as a housing authority.

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.

ADJOURNMENT – The Mayor Adjourned the meeting at 10:29 p.m. in memory of Juan Carlo Miguel, Dulce Maria Hernandez, and Ruth Ann Moriarty.
61 Minutes – Regular Meeting – January 18, 2022 Page 12 of 12 Minutes adopted on this 1st day of February, 2022.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
62 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 21-519 Meeting Date: 2/1/2022
TITLE:

CITYWIDE PARKWAY MAINTENANCE, STREET REHABILITATION, AND SLURRY SEAL PROJECT, CITY PROJECT NO. 21-03
DEPARTMENT: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER (714) 754-5633 RECOMMENDATION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project, City Project No. 21-03.

2. Award a Public Works Agreement (PWA) for construction to All American Asphalt, 400 East Sixth Street, Corona, California 92879 in the amount of $2,828,000 (Base Bid including Additive Bid).

3. Award a Professional Services Agreement (PSA) for construction management services to Z&K Consultants, 473 E. Carnegie Drive, San Bernardino, California 92408 in the amount of $299,608.

4. Authorize the City Manager and City Clerk to execute the PWA (Attachment 1) for All American Asphalt and PSA (Attachment 2) for Z&K Consultants and future amendments to the agreements within Council authorized limits.

5. Authorize an additional ten percent (10%) contingency in the amount of $282,800 for construction and also an additional (10%) contingency in the amount of $29,961 for construction management, as needed for any unforeseen costs related to this project.

BACKGROUND:

The annual Citywide Street Maintenance Project consists of three (3) distinct phases of construction:

Phase 1: Parkway Maintenance Project - includes localized repair of damaged curb, gutter, sidewalk, cross-gutters, driveways, and curb ramps that conform to the Americans with Disabilities Act (ADA).

Phase 2: Street Rehabilitation Project - includes asphalt concrete mill and overlay of the

63 File #: 21-519 Meeting Date: 2/1/2022
Phase 2: Street Rehabilitation Project - includes asphalt concrete mill and overlay of the roadway.

Phase 3: Slurry Seal Project - includes application of a surface coating and sealing of the roadway on streets that do not need mill and overlay.

Staff seeks to combine all of the above three (3) phases of work into one construction project in order to achieve economies of scale and cost savings, which will result through reduced mobilization costs, lower unit prices for material, equipment, and labor.

For parkway maintenance, concrete improvements located within the City’s parkways (e.g., sidewalks, driveways, curbs & gutters, etc.) require ongoing repair and maintenance due to age, tree root incursion, soil conditions, water intrusion, and traffic loads. It is the goal to repair as many of these damaged areas and to reduce the potential liability associated with aging parkways. The locations identified for repair are prioritized based on pedestrian and handicap access requirements and the severity of the damage.

The renewed Measure M (M2) funding program requires that cities in Orange County maintain a uniform approach to rating and evaluating streets utilizing a standardized Pavement Management Program. Based on pavement analysis recommendations and field review, staff prepared a priority list and recommendations of streets to be repaired. Some of these streets receive full rehabilitation including mill and overlay, while others may just require slurry seal.

The streets proposed for maintenance under the annual Citywide Street Maintenance Project are located in multiple City Council districts (Attachment 3), but much of the work is concentrated in the northwest portion of the City, north of Gisler Avenue, and also along Placentia Avenue.

The contractor is required to complete all of the tasks necessary to perform the scope of work as outlined in the contract documents, plans, and specifications. A copy of specifications and working details are available for review in the Office of the City Clerk or in the Public Services Department, and are posted on the City website at:
<https://www.costamesaca.gov/city-hall/city-departments/public-services/capital-improvement- projects>
ANALYSIS:

The City Clerk received and opened five (5) bids for this project on August 5, 2021. All American Asphalt is the apparent low bidder with a base bid proposal of $2,698,061. The bid abstract for this project is included as Attachment 4.

Staff has elected to add the first Additive Bid Item, which is the rehabilitation of E. 17th Street from Newport Boulevard to the median nose near Fullerton Avenue for an additional amount of $129,940.

Staff has elected to not include the Mesa Drive concrete parkway construction in the amount of $236,937 since that work has been completed with the recent Citywide Parkway Maintenance Project.

The apparent low bidder’sbase bid plus the additive bid item is $2,828,000. The incorporation of

64 File #: 21-519 Meeting Date: 2/1/2022
The apparent low bidder’sbase bid plus the additive bid item is $2,828,000. The incorporation of additive bid item will result in a net increase to the base contract in the amount of $129,940. Since the amount of the base bid plus the additive bid item are within the budgeted amount, staff recommends that the PWA be awarded.

The license and references of All American Asphalt have been checked and staff has found them to be in good standing.

All American Asphalt has successfully completed several projects in the City of Costa Mesa including the Pomona Avenue Improvement Project (from 18th Street to 19th Street), 19th Street Rehabilitation Project (from Newport Boulevard to Park Avenue) and most recently, Bear Street Improvement Project (from Baker Street to I-405 Freeway), and Hamilton Street and Santa Ana Avenue Improvement Project.

Upon City Council award of the PWA, All American Asphalt will furnish the necessary bonds and insurance, which will be approved as to form by Risk Management. After the award and subsequent execution of the agreement, a “Notice to Proceed” will be issued.

Given the scope of this project and current workloads, it was deemed necessary to procure public works inspection and construction management services in order to ensure proper administration and completion of this project.

Therefore, staff issued a Request for Proposals (RFP) for construction management services, and received the following six (6) proposals on October 8, 2021:
· Z&K Consultants
· Dudek
· Interwest Consulting Group
· KOA Corporation
· NV5
· Wallace & Associates
After reviewing objectively all proposals, staff determined that Z&K Consultants was the most qualified consultant based on extensive experience in performing engineering construction management services on similar parkway maintenance and street rehabilitation projects. The consultant’sfee proposal is $299,608, and its complete proposal is included in the PSA (Attachment 2).

Z&K Consultants is a firm that has a history of delivering projects that incorporate, value-oriented solutions that provides lasting benefit and cost-savings to its clients, which is one of the City’s priorities for this project. Z&K Consultants is currently providing construction management services for the Jack Hammett Sports Complex Expansion Project.

The consultant will be responsible for performing construction management, public works inspection, and coordination with City staff throughout the course of construction. The consultant’sscope of work is further defined in the proposal, which is incorporated by reference within the Professional Services Agreement.

65 File #: 21-519 Meeting Date: 2/1/2022
Therefore, staff requests that City Council award the PWA to All American Asphalt for construction as the lowest responsible bidder, and award the PSA to Z&K Consultants for construction management services for the Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project, City Project No. 21-03.

ALTERNATIVES:

The alternative would be to reject all bids, re-advertise, and re-bid the project for both construction and construction management. Staff has determined that re-advertising and re-bidding the project will not result in lower bids and will delay the project.

FISCAL REVIEW:

Funding for this project of approximately $3.4 million is available in the FY 2021-22 Capital Improvement Project (CIP) budget approved by City Council using multiple funding sources: Gas Tax Fund (Fund 201 - $1,555,400), Measure “M2”Fairshare Fund (Fund 416 - $1,555,400), and Capital Improvement Fund (Fund 401 - $329,569).

LEGAL REVIEW:

The City Attorney’sOffice has reviewed the report, prepared the PWA and the PSA, and approves them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

In 2021, the City Council adopted a list of goals and priorities. This project works toward achieving the following City Council goal:
· Strengthen the public’s safety and improve the quality of life.

CONCLUSION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project, City Project No. 21-03.

2. Award a Public Works Agreement (PWA) for construction to All American Asphalt, 400 East Sixth Street, Corona, California 92879 in the amount of $2,828,000 (Base Bid including Additive Bid).

3. Award a Professional Services Agreement (PSA) for construction management services to Z&K Consultants, 473 E. Carnegie Drive, San Bernardino, California 92408 in the amount of $299,608.

4. Authorize the City Manager and City Clerk to execute the PWA (Attachment 1) for All American Asphalt and PSA (Attachment 2) for Z&K Consultants and future amendments to the agreements within Council authorized limits.

5. Authorize an additional ten percent (10%) contingency in the amount of $282,800 for

66 File #: 21-519 Meeting Date: 2/1/2022

5. Authorize an additional ten percent (10%) contingency in the amount of $282,800 for construction and also an additional (10%) contingency in the amount of $29,961 for construction management, as needed for any unforeseen costs related to this project.

67 1

CITY OF COSTA MESA

PUBLIC WORKS AGREEMENT FOR
CITY PROJECT NO. 21-03

THIS PUBLIC WORKS AGREEMENT (“Agreement”), dated February 1, 2022 (“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivisi on of the State of California (“CITY” ), and ALL AMERICAN ASPHALT, a C alifornia c orporation (“CONTRACTOR”).

WHEREAS, CITY desires to construct the public improvements described below under Paragraph 1, Scope of Work (the “Project”); and

WHEREAS, CITY has determined that CONTRACTOR is the lowest responsible bidder; and

WHEREAS, CITY now desires to contract with CONTRACTOR to furnish construction and related services for the Project; and

WHEREAS, CITY and CONTRACTOR desire to set forth their rights, duties and liabilities in connection with the services to be performed.

NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the parties hereby agree as follows:

1. SCOPE OF WORK.

The scope of work generally consists of but is not limited to: mobilization; clearing and grubbing; saw-cutting, removal and reconstruction of sidewalks, curb and gutters, driveway/driveway approaches, spandrel, cross gutters and Americans with Disabilities Act (ADA) ramps; removal and reconstruction of existing pavement; milling and overlaying with new asphalt; adjustment of manholes and water valves to grades; procurement and application of Slurry Seal Type II with 2.5% latex, crack sealing; notifications to businesses and residents; signing; striping; traffic control; and all other work as depicted within the plans and described within the specification s associated with the Project (the “Work”).

The Work is further described in the “Contract Documents” referred to below.

The Project is known as the Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project, City Project No. 21-03.

2. CONTRACT DOCUMENTS.

The complete Agreement consists of the following documents relating to the Project:

ATTACHMENT 1
68 Project and Specification No. 21-03
2 (a) This Agreement;

(b) CONTRACTOR’s bid, attached hereto as Exhibit A and incorporated herein;

(c) Bid package, including notice inviting bids, complete plans, profiles, detailed drawings and specifications, including general provisions and special provisions. The bid package is incorporated by this reference as if fully set forth herein;

(d) Bid Addendum No. 1, dated July 22, 2021; Bid Addendum No. 2, dated July 29, 2021; and Bid Addendum No. 3, dated August 3, 2021. The bid addenda are incorporated by this reference as if fully set forth herein;

(e) Faithful Performance Bond and Labor and Material Bond, including agent’s Power of Attorney for each bond , attached hereto as Exhibit B and incorporated herein;

(f) Drug-Free Workplace Policy, attached hereto as Exhibit C and incorporated herein; and

(g) Provisions of the m ost current edition of The Greenbook: Standard Specifications for Public Works Construction (“The Greenbook”). Provisions of The Greenbook are incorporated by this reference as if fully set forth herein.

The documents comprising the complete Agreement wi ll be referred to as the “Contract Documents.”

All of the Contract Documents are intended to complement one another, so that any Work called for in one and not mentioned in another is to be performed as if mentioned in all documents.

In the event of an inconsistency in the Contract Documents , the terms of this Agreement shall prevail ove r all other Contract Documents. The order of precedence between the remaining Contract Documents shall be as set forth in The Greenbook.

The Contract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations.

3. CITY’S REPRESENTATIVE.

The CITY’ s Representative is Seung Yang , referred to herein as the Project Manager (“Project Manager”).

ATTACHMENT 1
69 Project and Specification No. 21-03
3 4. CONTRACTOR’S PROJECT MANAGER; PERSONNEL.

(a) Project Manager. CONTRACTOR’s Project Manager must be approved by City. Such approval shall be at CITY’s sole discretion.

(b) Personnel. CITY has the right to review and approve any personnel who are assigned to perform work under this Agreement. CONTRACTOR shall remove personnel from performing work under this Agreement if requested to do so by CITY.

This Paragraph 4 is a material provision of the Agreement.

5. SCHEDULE.

All Work shall be performed in accordance with the schedule approved on behalf of CITY by the Project Manager, and in accordance with the time of performance set forth in Paragraph 11 (Time of Performance).

6. EQUIPMENT - PERFORMANCE OF WORK.

CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work in a good and workmanlike manner in strict conformity with the Contract Documents.

The equipment, apparatus, facilities, labor and material shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the Project Manager or h is or her designee, and subject to h is or her approval.

7. COMPENSATION.

CITY shall pay CONTRACTOR in accordance with the fee schedule set forth in CONTRACTOR’s bid. CONTRACTOR’s total compensation shall not exceed Two Million Eight Hundred Twenty-Eight Thousand One Dollar and Fifty Cents ($2,828,001.50). Such amount includes CONTRACTOR’s Bid Schedule Proposal ( A) in the amount of Two Million Six Hundred Ninety -Eight Thousand Sixty-One Dollars ($2,698,061.00) and CONTRACTOR’s Additive Bid Schedule Proposal (B) in the amount of One Hundred Twenty-Nine Thousand Nine Hundred Forty Dollars and Fifty Cents ($129,940.50).

8. ADDITIONAL SERVICES.

CONTRACTOR shall not receive compensation for any services provided outside the scope of the Contract Documents unless such additional services, including change orders, are approved in writing by CITY prior to CONTRACTOR performing the additional services.

It is specifically understood that oral requests or approvals of such additional ATTACHMENT 1
70 Project and Specification No. 21-03
4 services, change orders or additional compensation and any approvals from CITY shall be barred and are unenforceable.

9. PAYMENTS TO CONTRACTOR.

On or before the last Monday of each and every month during the performance of the Work, CONTRACTOR shall meet with the Project Manager or his or her designee to determine the quantity of pay items incorporated into the improvement during that month.

A “Progress Payment Order” will then be jointly prepared, approved, and signed by the Project Manager and the CONTRACTOR setting forth the amount to be paid and providing for a five percent (5%) retention. Upon approval of the progress payment order by the Project Manager, or his or her designee, it shall be submitted to CITY’s Finance Department and processed for payment by obtaining approval from the City Council to issue a warrant.

Within three (3) days following City Council’s approval to issue a warrant, CITY shall mail to CONTRACTOR a warrant for the amount specified in the progress payment order as the amount to be paid. The retained five percent (5%) shall be paid to CONTRACTOR thirty-five (35) days after the recording of the Notice of Completion of the Work by the CITY with the Orange County Clerk-Recorder and after CONTRACTOR has furnished releases of all claims against CITY by persons who furnished labor or materials for the Work, if required by CITY.

Upon the request of CONTRACTOR and at its expense, securities equivalent to the amount withheld pursuant to the foregoing provisions may be presented to CITY for substitution for the retained funds. If CITY approves the form and amount of the offered securities it will release the retained fu nds and will hold the securities in lieu thereof.

CONTRACTOR shall be entitled to any interest earned on the securities.

In the event that claims for property damage or bodily injury are presented to CITY arising out of CONTRACTOR’s or any subcontractor’s work under this Agreement, CITY shall give notice thereof to CONTRACTOR, and CONTRACTOR shall have thirty-five (35) days from the mailing of any such notice to evaluate the claim and to settle it by whole or partial payment, or to reject it, and to give notice of settlement or rejection to CITY. If CITY does not receive notice within the above-mentioned 35-day period that the claim has been settled, and if the Project Manager, after consultation with the City Attorney, determines that the claim is meritorious, CITY may pay the claim or a portion of it in exchange for an appropriate release from the claimant, and may deduct the amount of the payment from the retained funds that would otherwise be paid to CONTRACTOR upon completion of the Work; provided, however, that the maximum amount paid for any one claim pursuant to this provision shall be One Thousand D ollars ($1,000.00), and the maximum amount for all such claims in the aggregate paid pursuant to this provision shall be Five Thousand Dollars ($5,000.00).

ATTACHMENT 1
71 Project and Specification No. 21-03
5 10. PROMPT PAYMENT OF SUBCONTRACTORS.

CONTRACTOR agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the CONTRACTOR receives from CITY.

CONTRACTOR agrees further to release retainage payments to each subcontractor within thirty ( 30) days after the subcontractor’s work is satisfactorily completed.

Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY.

11. TIME OF PERFORMANCE.

CONTRACTOR shall commence Work by the date specified in CITY’s Notice to Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be completed within eighty (80) working days from the first day of commencement of the Work.

12. TERMINATION.

(a) Termination for Convenience.

CITY may terminate this Agreement at any time, with or without cause, by providing thirty (30) days’ written notice to CONTRACTOR.

(b) Termination for Breach of Contract.

(i) If CONTRACTOR refuses or fails to prosecute the Work or any severable part of it with such diligence as will ensure its timely completion, or if CONTRACTOR fails to complete the Work on time, or if CONTRACTOR, or any subcontractor, violates any of the provisions of the Contract Documents, the Project Manager may give written notice to CONTRACTOR and CONTRACTOR’s sureties of the CITY’s intention to terminate this Agreement; and, unless within five (5) days after the serving of that notice, such conduct shall cease and arrangements for the correction thereof be made to the satisfaction of the CITY, this Agreement may be terminated at the option of CITY effective upon CONTRACTOR’s receipt of a second notice sent by the CITY indicating that the CITY has exercised its option to terminate.

(ii) If CONTRACTOR is adjudged bankrupt or files for any relief under the Federal Bankruptcy Code or State insolvency laws, this Agreement shall automatically terminate without any further action or notice by CITY.

(iii) If CONTRACTOR is in breach of any material provision of this Agreement, ATTACHMENT 1
72 Project and Specification No. 21-03
6 CITY may immediately terminate this Agreement by providing written notice to CONTRACTOR of same.

13. LIQUIDATED DAMAGES.

In the event the Work is not completed, for any reason, within the time required including any approved extensions of time, and to the satisfaction of the Project Manager, CITY may, in addition to any other remedies, equitable and legal, including re medies authorized by Paragraph 12 (Termination) of this Agreement, charge to CONTRACTOR or its sureties, or deduct from payments or credits due CONTRACTOR, a sum equal to Six Thousand Two Hundred Fifty Dollars ($6,250.00) as liquidated damages for each calendar day beyond the date provided for the completion of such Work.

The parties hereto agree that the amount set forth above, as liquidated damages constitutes a fair and reasonable estimate of the costs the CITY would suffer for each day that the CONTRACTOR fails to meet the performance schedule. The parties hereby agree and acknowledge that the delays in the performance schedule will cause CITY to incur costs and expenses not contemplated by this Agreement.

14. PERFORMANCE BY SURETIES.

In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of inte nt to terminate as provided in P aragraph 12 (Termination), of this Agreement. CITY shall immediately give written notice of such intent to terminate to CONTRACTOR and CONTRACTOR’s surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the sureties must, within five (5) days after CITY’ s giving notice of termination, (a) give the CITY written notice of their intention to take over the performance of this Agreement; (b) provide adequate assurances, to the satisfaction of the CITY , that the Work shall be performed diligently and in a timely manner; and (c) must commence performance thereof within five (5) days after providing notice to the CITY of their intention to take over the Work. Upon the failure of the sureties to comply with the provisions set forth above, CITY may take over the Work and complete it, at the expense of CONTRACTOR, and the CONTRACTOR and the sureties shall be liable to CITY for any excess costs or damages including those referred to in Paragraph 1 3 (Liquidated Damages), incurred by CITY. In such event, CITY may, without liability for so doing, take possession of such materials, equipment, tools, appliances, Contract Documents and other property belonging to CONTRACTOR as may be on the site of the Work and reasonably necessary therefor and may use them to complete the Work.

15. DISPUTES PERTAINING TO PAYMENT FOR WORK.

Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the Work done, or of any Work omitted, or of any extra Work which CONTRACTOR may be required to do, or respecting any payment to CONTRACTOR during the performance of this Agreement, such dispute shall be decided ATTACHMENT 1
73 Project and Specification No. 21-03
7 by the Project Manager , and his or her decisions shall be final and binding upon CONTRACTOR and its sureties.

16. SUPERINTENDENCE BY CONTRACTOR.

At all times during performance of the Work, CONTRA CTOR shall give personal superintendence or have a competent foreman or superintendent on the worksite, with authority to act for CONTRACTOR.

17. INSPECTION BY CITY.

CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the Work and to all shops on or off -site where the Work or portions of the Work, are in preparation. CITY shall have the right of access to the premises for inspection at all times. However, CITY shall, at all times, comp ly with CONTRACTOR’s safety requirements on the job site.

18. CARE OF THE WORK AND OFF-SITE AUTHORIZATION.

CONTRACTOR warrants that it has examined the site of the Work and is familiar with its topography and condition, location of property lines, easem ents, building lines and other physical factors and limitations affecting the performance of this Agree ment.

CONTRACTOR, at CONTRACTOR’s sole cost and expense, shall obtain any permission, and all approvals, licenses, or easements necessary for any operations conducted off the premises owned or controlled by CITY. CONTRACTOR shall be responsible for the proper care and protection of all materials delivered to the site or stored off -site and for the Work performed until completion and final inspection and ac ceptance by CITY. The risk, damage or destruction of materials delivered to the site or to Work performed shall be borne by CONTRACTOR.

19. CONTRACT SECURITY AND GUARANTEE.

Unless previously provided by CONTRACTOR to CITY, CONTRACTOR shall furnish, concurrently with the execution of this Agreement, the following: (1) a surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Agreement, and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons furnishing labor or materials in connection with the Work under this Agreement. Sureties for each of the bonds and the forms thereof shall be satisfactory to CITY. In addition, such sureties must be authorized to issue bonds in California; sureties must be listed on the latest revision to the U.S. Department of the Treasury Circular 570; and must be shown to have sufficient bonding capacity to provide the bonds required by the Contract Documents.

CONTRACTOR shall provide a certified copy of the certificate of authority of the surety issued by the Insurance Commissioner; a certificate from the clerk of the county in ATTACHMENT 1
74 Project and Specification No. 21-03
8 which the court or officer is loca ted that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been gr anted; and copies of the surety’ s most recent annual statement and quart erly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.

CONTRACTOR guarantees that all materials used in the Work and all labor performed shall be in conformity with the Contract Documents including, but not limited to, the standards and specifications set forth in the most current edition of The Greenbook.

CONTRACTOR shall, at its own expense, make any and all repairs and replacements that shall become necessary as the result of any failure of the Work to conform to the aforementioned Contract Documents, and/or standard specifications; provided, however, that CONTRACTOR shall be obligated under this provision only to the extent of those failures or defects of which CONTRACTOR is given notice within a period of twelve (12) months from the date that the Notice of Completion is recorded.

The rights and remedies a vailable to CITY pursuant to this provision shall be cumulative with all rights and remedies available to CITY pursuant to statutory and common law, which rights and remedies are hereby expressly reserved, and neither the foregoing guarantee by CONTRACTOR nor its furnishing of the bonds, nor acceptance thereof by CITY, shall constitute a waiver of any rights or remedies available to CITY against CONTRACTOR.

20. INDEMNIFICATION.

CONTRACTOR agrees to protect, defend, indemnify and hold harmless CITY and its elected and appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys’ fees, for injury to or death of any person, and for injury or damage to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with the performance of this Agreement . The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the CONTRACTOR, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the CONTRACTOR, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the CITY, its elected officials, officers, agents and employees based upon the work performed by the CONTRACTOR, its employees, and/or authorized subcontractors under this Agreement, whether or not the CONTRACTOR, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the CONTRACTOR shall not be liable for the defense or indemnification of the CITY for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the CITY. This provision shall supersede and replace all other indemnity provision s contained either in the CITY’ s specifications or CONTRACTOR’s proposal, which shall be of no force and effect.

ATTACHMENT 1
75 Project and Specification No. 21-03
9 CONTRACTOR shall comply with all o f the provisions of the Workers’ Compensation insurance laws and Safety in Employment laws of the State of California, including the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto and regulations promulgated pursuant thereto, and all similar State, Federal or local laws applicable; and CONTRACTOR shall indemnify and hold harmless CITY from and against all claims, liabilities, expenses, damages, suits, actions, proceedings and judgments, of every nature and description, including attorney fees, that may be presented, brought or recovered against CITY for or on account of any liability under or failure to comply with any of said laws which may be incurred by reason of any Work performed under this Agreement by CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR.

CITY does not, and shall not, waive any rights against C ONTRACTOR which it may have by reason of the above hold harmless agreements, because of the acceptance by CITY or the deposit with CITY by CONTRACTOR of any or all of the insurance policies described in Paragraph 21 (Insurance) of this Agreement.

The hold harmless agreements by CONTRACTOR shall apply to all liabilities, expenses, claims, and damages of every kind (including but not limited to attorneys’ fees) incurred or alleged to have been incurred, by reason of the operations of CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR, whether or not such insurance policies are applicable. CONTRACTOR shall require any and all tiers of subcontractors to afford the same degree of indemnification to the CITY OF COSTA MESA and its ele cted and appointed boards, officers, agents, and employees that is required of CONTRACTOR and shall incorporate identical indemnity provisions in all contracts between CONTRACTOR and all tiers of its subcontractors.

In the event that CONTRACTOR and CITY are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of CONTRACTOR, or by a dangerous condition of CITY’s property created by CONTRACTOR or existing while the property was under the con trol of CONTRACTOR, CONTRACTOR shall not be relieved of its indemnity obligation to CITY by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the CITY.

21. INSURANCE.

(a) Minimum Scope and Limits of Insurance . CONTRACTOR shall not commence Work under this Agreement until it has obtained all insurance required under this Paragraph 21 and CITY has approved the insurance as to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved.

CONTRACTOR shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an ATTACHMENT 1
76 Project and Specification No. 21-03
10 insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by CITY:

(i) Commercial general liabili ty, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.

(ii) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage.

(iii) Workers’ compensation insurance as required by the State of California , with Statutory Li mits, and Employer’s Liability insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the CITY, its officers, agents, employees, and volunteers arising from work performed by CONTRACTOR for the CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

(iv) Umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

(1) A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; (4) Policies shall “follow form” to underlying primary policies; and (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

(b) Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

ATTACHMENT 1
77 Project and Specification No. 21-03
11 (i) Additional insureds: The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the CONTRACTOR pursuant to its contract with the City; products and completed operations of the CONTRACTOR; premises owned, occupied or used by the CONTRACTOR; automobiles owned, l eased, hired, or borrowed by the CONTRACTOR.”

(ii) Notice: “Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to CITY.”

(iii) Other Insurance: “CONTRACTOR’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insuran ce provided by this policy.”

(c) Reporting Provisions . Any failure of CONTRACTOR to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.

(d) Insurance Applies Separately . CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

(e) Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by CITY. No policy of insurance issued as to which the CITY is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

(f) Proof of Insurance. Prior to commencement of the Work, CONTRACTOR shall furnish CITY, through the Project Manager, proof of compliance with the above insurance requirements in a form satisfactory to City’s Risk Management.

(g) Non-Limiting. Nothing in this Paragraph 21 shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

22. PREVAILING WAGE REQUIREMENTS.

(a) Prevailing Wage Laws . CONTRACTOR is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the ATTACHMENT 1
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12 performance of other requirements on “public works” and “maintenance” projects. This Project is a “public works” project and requires compliance with the Prevailing Wage Laws. CONTRACTOR shall defend, indemnify and hold the CITY, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

(b) Payment of Prevailing Wages . CONTRACTOR shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. CONTRACTOR shall post a copy of such wage rates at all times at the project site(s).

(c) Legal Working Day . In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. CONTRACTOR and any subcontractor(s) of CONTRACTOR shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40 -hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by C ONTRACTOR’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worke d in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one -half times the basic rate of pay. CONTRACTOR shall forfeit as a penalty to CITY Twenty-Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the Work by CONTRACTOR or by any subcontractor(s) of CONTRACTOR, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.

(d) Apprentices. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects.

CONTRACTOR shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.

(e) Payroll Records. Pursuant to Labor Code Section 1776, CONTRACTOR and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONTRACTOR or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on th is Project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. CONTRACTOR shall ATTACHMENT 1
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13 also furnish each week to CITY’s Project Administration Division a statement with respect to the wages of each of its employees during the preceding weekly payroll period.

(f) Registration with DIR . CONTRACTOR and any subcontractor(s) of CONTRACTOR shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.

23. COMPLIANCE WITH ALL LAWS.

CONTRACTOR shall, at its own cost and expense, comply with all applicable local, state, and fed eral laws, regulations, and requirements in the performance of this Agreement, including but not limited to laws regarding health and safety, labor and employment, and wage and hours.

24. DRUG-FREE WORKPLACE POLICY.

CONTRACTOR, upon notification of the award of this Agreement, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workpl ace, and the employee assistance programs available to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug -Free Awareness Program, and must abide by its terms.

CONTRACTOR shall conform to all t he requiremen ts of CITY’ s Policy No. 100 -5, attached hereto. Failure to establish a program, notify employ ees, or inform the CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the CITY.

25. NON–DISCRIMINATION.

In performing this Agreement, CONTRACTOR will not engage in, nor permit its agents to engage in, discrimination in employ ment of persons because of their race, religion, color, national origin, ancestry, physical ha ndicap, medical condition, marital status or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Section 1735 of the California Labor Code.

26. PROVISIONS CUMULATIVE.

The provisions of this Agreement are cumulative and in addition to, and not in limitation of, any other rights or remedies available to CITY.

27. NOTICES.

It shall be the duty and responsibility of CONTRACTOR to notify all tiers of subcontractors and material men of the following special notice provision; namely, all preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to ATTACHMENT 1
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14 no other department, and shall be either pe rsonally delivered or sent by certified mail, postage prepaid.

All other notices shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to CITY pursuant to this Agreement shall be addressed as follows:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Seung Yang

Notices required to be given to CONTRACTOR shall be addressed as follows:

All American Asphalt
400 East Sixth Street
Corona, CA
Attn: Michael Farkas

Notices required to be given to CONTRACTOR’ s sureties shall be addressed as follows:

[To be inserted following City Council approval.]

28. INDEPENDENT CONTRACTOR.

The parties hereto acknowledge and agree that the relationship between CITY and CONTRACTOR is one of principal and independent contractor and no other. All personnel to be utilized by CONTRACTOR in the performance of this Agreement shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all salaries and wages, employer’s social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

Nothing contai ned in this Agreement shall create or be construed as creating a partnership, joint venture, employment relations, or any other relationship except as set forth between the parties. The parties specifically acknowledge and agree that CONTRACTOR is not a pa rtner with CITY, whether general or limited, and no activities of CITY or CONTRACTOR or statements made by CITY or CONTRACTOR shall be interpreted by any of the parties hereto as establishing any type of business relation ship other than an independent contractor relationship.

29. PERS ELIGIBILITY INDEMNIFICATION.

In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the Ca lifornia Public Employees ’ Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, ATTACHMENT 1
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15 CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

Notwithstanding any other agency, state or federal policy, rule, regulation, l aw or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.

30. VALIDITY.

The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any of the other provisions of this Agreement.

31. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action relating to or arising out of this Agreement shall be subject to the jurisdiction of the County of Orange, California.

32. NO THIRD PARTY BENEFICIARY RIGHTS.

This Agreement is entered into for the sole benefit of the CITY and CONTRACTOR and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

33. ASSIGNABILITY.

This Agreement may not be transferred or assigned by either party, or by operation of law, to any other person or persons or business entity, without the other party’s written permission. Any such transfer or assignment, or attempted transfer or assignment , without written permission, may be deemed by the other party to constitute a voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void.

34. WAIVER.

No waiver of any provision of this Agreement shall be effect ive unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought referring expressly to this Paragraph. The waiver of any right or remedy in respect to any occurrence or event shall not be dee med a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a ATTACHMENT 1
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16 continuing waiver.

35. HEADINGS.

Section and subsection headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to modify or explain or to be a full or accurate description of the content thereof.

36. COUNTERPARTS.

This Agreement may be executed in one or more counterparts by the parties hereto. All counterparts shall be construed together and shall constitute one Agreement.

37. CORPORATE AUTHORITY.

The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement.

[Signatures appear on following page.]

ATTACHMENT 1
83 Project and Specification No. 21-03
17 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF COSTA MESA,
A municipal corporation

__________________________________ Date: _____________________ Lori Ann Farrell Harrison
City Manager

CONTRACTOR

__________________________________ Date: _____________________ Mark Luer
President

__________________________________ Date: _____________________ Edward J. Carlson
Vice President

__________________________________ Date: _____________________ Michael Farkas
Secretary

ATTEST:

__________________________________ Date: _____________________ Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: _____________________ Kimberly Hall Barlow
City Attorney

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18 APPROVED AS TO INSURANCE:

__________________________________ Date: _____________________ Ruth Wang
Risk Management

APPROVED AS TO PURCHASING:

__________________________________ Date: _____________________ Carol Molina
Finance Director

DEPARTMENTAL APPROVAL:

__________________________________ Date: _____________________ Raja Sethuraman
Public Services Director

__________________________________ Date: _____________________ Seung Yang
Project Manager

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CONTRACTOR’S BID

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EXHIBIT B

BONDS

[TO BE PROVIDED BY CONTRACTOR FOLLOWING CITY COUNCIL APPROVAL.]

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EXHIBIT C

DRUG-FREE WORKPLACE POLICY

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CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

BACKGROUND

Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug -free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.

PURPOSE

It is the purpose of this Policy to:

1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.

2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.

POLICY

The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.

1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:

A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub -grantee’s workplace, specifically the job site or location included in this contract, and sp ecifying the actions that will be taken against the employees for violation of such prohibition;

B. Establishing a Drug-Free Awareness Program to inform employees about:

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

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SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
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EFFECTIVE
DATE
8-8-89
PAGE

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1. The dangers of drug abuse in the workplace;

2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation and employee assistance programs; and

4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;

D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:

1. Abide by the terms of the statement; and

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;

E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;

F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:

1. Taking appropriate personnel action against such an employee, up to and including termination; or

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency;

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SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

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G. Making a good faith effort to maintain a drug -free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.

2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:

a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above;

b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above;

c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workpla ce as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace.

3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contracto r and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.

ATTACHMENT 1
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CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT
WITH
Z & K CONSULTANTS, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of February, 2022 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and Z & K CONSULTANTS , a California corporation (“Consultant”).

W I T N E S S E T H :

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide project and construction management and inspection services for the Citywide Parkway Maintenance, Street Rehabilitation , and Slurry Seal Project (City Project No. 21-03), as more fully described herein; and

B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and

C. WHEREAS, City and Consultant desire to contract for the specific servi ces described in Exhibit s “A” and “B” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and

D. WHEREAS, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants an d conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the profess ional services described in City’s Request for Proposal, attached hereto as Exhibit “A, ” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.

1.2. Prevailing Wage Requirements . Con sultant is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Co nsultant shall comply with all applicable Prevailing Wage Laws in connection with the services provided pursuant to this Agreement. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

1.3. Professional Practices. All professional services to be provided by Consultant ATTACHMENT 2
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pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.

1.4. Performance to Satisfaction of City . Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:

(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;

(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

(c) Terminate the Agreement as hereinafter set forth.

1.5. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.6. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, a ncestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to s ection 12940 of the Government Code.

1.7. Non-Exclusive Agreement . Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform serv ices similar to those services contemplated by this Agreement.

1.8. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.

1.9. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and ATTACHMENT 2
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employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and incorporated herein (the “Fee Schedule”). Consultant’s total compensation shall not exceed Two Hundred Ninety -Nine Thousand Six Hundred Eight Dollars ($299,608.00).

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee , prior to Consultant performing the additional services, appr oves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoic e within thirty (30) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed , the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or a udit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, t he professi onal services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a part y (each, a “Force Majeure Event”) . If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of ATTACHMENT 2
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performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Da te and continue for a period of one (1) year , ending on January 31, 2023, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by one (1) additional one (1) year period upon mutual written agreement of both parties.

4.2. Notice of Termination . The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.

The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance . Consultant shall obtain , maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by ATTACHMENT 2
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(a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined sing le limits, per occurrence . If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.

(b) Business a utomobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage.

(c) Workers’ compensation insurance as required by the State of California.

Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City , its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”

(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”

(c) Other insurance: “ The Consultant’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of ATTACHMENT 2
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Costa Mesa shall be excess and n ot contributing with the ins urance provided by this policy.”

(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.

(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance covera ges and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The C ity Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, exce pt as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

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6.4. Notices. Any notices, documents, correspondence o r other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Z & K Consultants, Inc.
473 E. Carnegie Drive, Suite 200
San Bernardino, CA 92400
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (951) 310-7470 Tel: (714) 754-5633
Attn: Crystal Fraire Attn: Seung Yang

Courtesy copy to:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing

6.5. Drug-Free Workplace Policy. Consultant shall provide a drug -free workplace by complying with all provisions set forth in City’s Council Policy 100 -5, attached hereto as Exhibit “D” and incorporated herein. Consultant’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.

6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to rec over from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agr eement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encu mber all or any part of Consultant ’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of t his Agreement. Regardless of City ’s consent, no subletting or assignment shall r elease Consultant of Consultant’ s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

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6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligenc e, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.10. Independent Contractor . Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessme nts, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or inde mnification arising under this paragraph.

6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competen t jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors ATTACHMENT 2
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providing service under this Agreement shall not qualify for or become entitled t o, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for emplo yer contribution and/or employee contributions for PERS benefits.

6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.14. Public Records Act Disclosure . Consultant has been advised and is aware that this Agreement and all reports, documents, information and data , including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records A ct (California Government Code s ection 6250 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.15. Conflict o f Interest . Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code s ections 81000, et seq.) and Government Code s ection 1090.

During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this ATTACHMENT 2
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Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide a ll necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement sh all prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.20. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

6.21. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.22. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way aff ect the meaning or interpretation of this Agreement.

6.23. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.24. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.25. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in ATTACHMENT 2
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respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.26. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party , is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.28. Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CONSULTANT

__________________________________ Date: __________________________ Crystal Fraire
President

CITY OF COSTA MESA

__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:

__________________________________
Brenda Green
City Clerk

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APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Seung Yang
Project Manager

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ Raja Sethuraman
Public Services Director

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director

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EXHIBIT A

REQUEST FOR PROPOSAL
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1 CITY OF COSTA MESA
P.O. BOX 1200  77 FAIR DRIVE  CALIFORNIA 92628-1200

FROM THE PUBLIC SERVICES DEPARTMENT / ENGINEERING DIVISION September 7, 2021
SUBJECT: CITYWIDE PARKWAY MAINTENANCE, STREET REHABILITATION, AND SLURRY SEAL PROJECT, NO. 21-03:

REQUEST FOR PROPOSAL (RFP) TO PROVIDE PROJECT AND CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES (NON-FEDERAL AID PROJECT) Dear Consultant:

The City of Costa Mesa is requesting a proposal from your firm to provide professional project and construction management and inspections services for the Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project, No. 21-03. This is a NON-Federal aid project. The tentative schedule is as follows but is subject to change:

REQUEST FOR PROPOSAL SCHEDULE DATE

1. Deadline to Submit Requests for Clarification

2. Proposal Due Date

3. City Council Award of Professional Services Agreement

4. Project Kick-off Meeting
09/30/21
10/08/21

at 5:00 p.m.

11/02/21
01/04/22

This is the Request for Proposal (RFP) to provide professional services for the subject project. The proposal requirements and the necessary professional services required by the City are stated within this RFP. The consultant shall provide all services as requested in the RFP and stated in the submitted proposal.

CITY OF COSTA MESA CONTACT PERSON
The City of Costa Mesa contact person for this project is Cristina Oquendo, Assistant Engineer. E-mail:
[email protected] . All correspondence shall be submitted in writing via Planet Bids.

Inquiries submitted other than via Planet Bids will not receive a response.

PROPOSAL / STATEMENT OF QUALIFICATIONS (SOQ) SUBMITTAL REQUIREMENTS Proposals shall be submitted electronically via PlanetBids:
https://www.planetbids.com/portal/portal.cfm?CompanyID=45476 No other form of submittal shall be accepted by the City.

FEE PROPOSAL
Fee Proposals shall be submitted in a separate file electronically via PlanetBids:
https://www.planetbids.com/portal/portal.cfm?CompanyID=45476 Sincerely,
Seung Yang, P.E.

City Engineer
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AND SLURRY SEAL PROJECT, NO. 21-03:

REQUEST FOR PROPOSAL (RFP) TO PROVIDE PROJECT AND CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES (NON-FEDERAL AID PROJECT)

1. INTRODUCTION
The City of Costa Mesa, California (City) is soliciting a Request for Proposals (RFP) for the selection of a construction management consulting firm for the Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project, No. 21-03.

For selected streets throughout the City, the scope of work generally consists of mobilization, removal and reconstruction of curb and gutters, sidewalks, driveway approaches, spandrels, cross gutters, and A.D.A. curb ramps; removal and reconstruction of existing pavement; milling and overlaying with new asphalt; adjustment of manholes and valves to grades; procurement and application of Slurry Seal Type II with 2.5% latex, crack sealing; notifications to businesses and residents; traffic signing; striping and markings; installation of pavement markers; and implementation of traffic control.

The bid opening was on August 5, 2021, and the City will award the construction contract to the apparent lowest responsible bidder.

The plans, specifications, bid documents, and bid addendums for this project can be obtained via the City’s PlanetBids portal at: https://pbsystem.planetbids.com/portal/45476/bo/bo- detail/84544. Note that a “login” may be required in order to access these documents.

The City’s goal is to have a proposal for the professional services needed to complete this project. If you feel that any items should be added to the scope of work to accomplish this goal, please include a separate description and cost item in your proposal.

2. CONTENT OF PROPOSAL
To maintain uniformity, your proposal must be limited to a maximum of ten (10) pages (excluding front and back covers, section dividers, resumes, and photographs) and must include the following:

Statement of project understanding containing any suggestions for successful completion of the project or additional concerns that the City should be made aware of, and a project approach containing any scope of work tasks you feel are necessary for the successful completion of the project.

A project team organization chart identifying those who will perform work, and a brief resume of each team member, including similar type projects in which they have been directly involved.

Identify the Project Manager / Construction Manager and the Project Engineer proposed for this project. The Project Manager will be the primary contact person to represent your firm and to conduct the presentation, if invited for an interview. Sub-consultants, if any, shall be identified in the proposal with the same requirements as for the main consultant.

A list of similar projects that your firm has completed within the last five years. Information of the completed projects should include project name and description, agency or client name along with the person to contact and telephone number, year completed, engineering fee, and ATTACHMENT 2
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3 project construction cost. A proposed schedule indicating stages of work, time frames, and ability to perform the required services in a timely manner taking into consideration the required meetings noted below.

A fee proposal provided in a separate electronic file.

3. CONSULTANT SELECTION COMMITTEE
The Public Services Department of the City of Costa Mesa has established a Consultant Selection Committee consisting of members from this department who have acted in the capacity of Project Manager for the City on previous similar projects. The evaluation of each proposal will be based on the technical information and qualifications presented in the proposal, reference checks, and other information, which will be gathered independently. Evaluations of the consultant proposals will be done by this Consultant Selection Committee, and interviews may

be conducted at the discretion of the City.

4. FEE PROPOSAL
A. A separate electronic file containing the fee schedule for the project shall be submitted labeled “Fee Proposal” with your company’s name and the project title.

B. A cover letter stating the not-to-exceed total fee.

C. The fee schedule shall depict individual project tasks, work hours, and basic hourly rates for specific personnel to be used. Personnel hourly rates will reflect all costs for office overhead, including direct and indirect costs. The fee proposal shall reflect all anticipated fee increases during the contract duration. Travel time and mileage will not be allowed.

D. Payment shall not be processed for any submitted invoices if the consultant is behind the design schedule that was approved by the City for any of the outlined tasks.

5. ESTABLISHMENT OF FEES
The fee proposal will not be opened until the Consultant Selection Committee, comprising of City staff and its agents, has evaluated the consultants’ submitted proposals. In conformance with the Mini-Brooks Act, the City will select the Consultant based on qualifications, and then negotiate a contract price based on available funding and a further breakdown of the “not-to- exceed” fee submitted in the fee proposal.

6. PROFESSIONAL SERVICES AGREEMENT
A City of Costa Mesa Professional Services Agreement will be awarded to the selected consultant. The RFP and the consultant’s proposal will be attached to and become part of the executed agreement as exhibits.

The City will not permit reduction in the City’s “Scope of Consultant Services” without written approval.

ATTACHMENT 2
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4 7. INSURANCE REQUIREMENTS
General Liability: $1,000,000
Automobile Liability: $1,000,000
Workers Compensation and Employers’ Liability: $1,000,000 Professional Liability: $1,000,000
Additional and primary insurance endorsements shall include the City of Costa Mesa.

8. SCOPE OF CONSULTANT SERVICES
The following chart is a list of, but not limited to, the following tasks that are expected from the Consultant for this project. The City’s expectation is for the Consultant to meet or exceed expectations in delivering quality services for the City in relation to this project. The list below is not an exhaustive one and ancillary activities are assumed to be included as well.

Service
Function
Deliverables
Pre
-
construction Conference
Outline
project
specifics.

Inform contractor of project
administration procedures.

Meeting
agenda
&
meeting
minutes.

Management Information
System (MIS)
Implement
sy
stem
for
organizing,
tracking, filing, and managing
paper/electronic correspondence
including letters, information
requests, submittals, contracts,
reports, O&M manuals, progress
payments, and change orders,
etc.

Paper files, digital
files,
correspondence logs.

Review Traffic Control Plans
Review contractor’s plans for
traffic control, detours,
shutdowns and access for
emergency vehicles. Review of
phasing plan/sequence of
work.

Review traffic control plan
&
phasing plan.

Meetings
Conduct meetings with C
ity
staff, Contractor, etc., to
discuss background, scope,
objectives, schedule,
current, and past issues as
necessary.

Meeting agenda & m
eeting
minutes.

Issues Management
Analyze issues, seek
appropriate advice, and give
recommendations. Review
cost reduction proposals as
well as contractor’s methods
of construction in order to
ensure compliance with plans
and specifications and
delivery of project within
budget and the time
specified.

Design clarifications.

Contract
change orders.

ATTACHMENT 2
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5 Service
Function
Deliverables
Schedule
Monitor contractor’s schedule
weekly. Notify parties of actual
or potential deviation from
schedule. Work with project
team to correct noncompliance
with schedule.

Schedule reports
and
recommendations of “As-
built”
schedule.

Cost Contro
l
Monitor project funding.

Monitor project budgets.

Review contract item
payments, material quantities,
and change order payments.

Budget reports and cost
estimate reviews.

Labor Compliance
Provide labor compliance
report(s).

Provide labor compliance
report (s) to include reporting
on prevailing wage, payroll
documentation, compliance
status, and certified
payrolls.

Request for Information
(RFIs) & Submittals
Review Request for
Information
(RFIs) and submittals received
from the Contractor. Log in and
distribute to appropriate parties.

Provide a list of RFIs and
responses. Provide a list of
submittals and responses.

Change Orders
Review potential change orders
for contractual and technical
merit.

Prepare independent cost
estimate and schedule analysis
of work. Negotiate and prepare
change orders for execution.

Keep the City apprised of
impact of cumulative change
orders.

Independent cost estimate
change orders ready for
execution of change order
summary reports.

Dispute Resolution
Make recommendation
and
implement procedures for
reducing the likelihood of
disputes and claims. Assist in
the resolution of disputes.

Dispute avoidance procedures
and give recommendations.

Quality Control / Inspection /
Material Testing Services
Observe and monitor all aspects
of project. Notify contractor
when work is
not in compliance.

Prepare daily
inspection reports.

Provide photographic and video
documentation of construction
process. Encourage and stress
quality in the constructed
product. Provide materials
testing services during
construction by a certified
geotechnical professional per
the plans, specifications and
industry standards.

Photography and videotapes
project files. Material testing
results per the plans
specifications, and industry
standards.

ATTACHMENT 2
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6 Service
Function
Deliverables
Public Relations
Communicate with local
residents and business
community regarding temporary
construction impacts, such as
traffic changes, noise, limited
access and construction
schedule.

Verbal
and
written
notices
delivered to local residents
and businesses. Conflict
management / dispute
resolution.

Permitting / Environmental
Review and enforce
requirements stipulated in
permits issued by regulatory
and environmental agencies.

Daily
inspection reports
and
correspondence.

Progress Payments
Review and approve all
contractor’s payment request.

Verify contractor pay items.

Prepare payment
documentation for execution.

Progress
payment
request
documents.

Monthly Status Reports
Prepare monthly reports
highlighting project progress,
CCO’s, cost issues, and
schedule.

Monthly report.

Site Safety
Review and monitor
contractor’s
safety program for compliance
with Cal/OSHA. Notify
contractor if unsafe condition is
observed. Notify City if
contractor refuses to rectify
unsafe condition. Investigate
accidents.

Accident reports
and
monthly
reports.
“As
-
Built” Drawings
Collect, review,
and
transmit
contractor’s As-Built Plans to
engineer.

Data for record drawings.

Final Walkthrough
Make final inspections, Prepare
punch- list. Verify that required
certif
icates of compliance, O&M
manuals and as-built drawings
have been delivered.

Punch list.

Project Completion Report
Process final progress payment
to contractor. File Notice of
Completion. Prepare final
report. Review project records.

Final progress paymen
t,
Notice of Completion and
Final report. Deliver project
records to the City.

ATTACHMENT 2
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7 9. MINIMUM COMPETENCY REQUIREMENTS
Project Management:

Staff proposed by consultants under this RFQ for project and construction management must possess, at minimum, a bachelor’s degree in civil engineering or a closely related field, four (4) years of project and construction management experience in the areas mentioned in this RFP.

California Registered Professional Engineering license is preferred, but not required. The selected firm(s) should have the ability to provide at least one, preferably two, full-time project manager(s) that can provide the requested services within the period of the contract. Staff provided by the selected firm must be able to work under the direction of City staff.

Construction Inspection:

Staff proposed by consultants under this RFP for construction inspection must possess the following qualifications:

Possession of a high school diploma or General Education Development (GED) certification and four (4) years of experience in the field of engineering, construction, or technical engineering support, which includes experience in construction inspection, surveying, and contract or plan and specification interpretation. College level course work from an accredited college or university in engineering or a closely related subject is desirable.

Proposed construction inspection staff should have knowledge and experience, but not limited to, the following:
 Public works construction methods, materials, practices, specifications, and equipment.
 Basic surveying principles and practices.
 Field engineering practices and basic design criteria for public works projects.  Relevant state and local laws, ordinances, regulations, codes, and standards.  Construction scheduling methods.
 Safe work practices and regulations pertaining to the work.  Mathematics, including trigonometry and algebra.
 Methods and techniques of materials testing.
 Computer applications related to public inspection work and record keeping.  Mark areas for removals with the Contractor and keeping records for “AS-BUILT” quantities and plans.
 Conflict / dispute resolution management with City staff, residents, businesses, other government agencies, and Contractor.
 Any other task(s) requested by the City that is/are within the purview of duties and responsibilities of a construction inspector.

10. RIGHT TO REJECT ALL PROPOSALS
A. The City of Costa Mesa reserves the right to reject any or all proposals submitted, and no representation is made that any contract will be awarded pursuant to this RFP or otherwise.

B. The City also reserves the right to award a portion of work or combination, thereof.

ATTACHMENT 2
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8 C. All costs incurred in the preparation of the proposal, the submission of additional information and / or any aspect of a proposal prior to award of a written contract will be borne by the consultant. The City will only provide the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind that may be incurred by the consultant. All proposals submitted to the City of Costa Mesa will become the property of the City.

11. SUMMARY
The City appreciates your firm’s participation, and the intent of this RFP is to establish the minimum consultant services required. If you feel that any items should be added to the scope of work, please include a separate description and cost item in your proposal. Prior to awarding a contract, all insurance documents must be submitted and approved.

ATTACHMENT 2
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EXHIBIT B

CONSULTANT’S PROPOSAL

ATTACHMENT 2
151

City of Costa Mesa
Public Services Department /
Engineering Division

REQUEST FOR PROPOSALS

PROJECT AND CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES (NON-FEDERAL AID PROJECT) FOR

THE CITYWIDE PARK

WAY

MAINTENANCE, STREET
REHABILITATION, AND SLURRY SEAL PROJECT, NO. 21

-
03 OCTOBER 8 , 2021
ATTACHMENT 2152

Table of Contents

Cover Letter ...................................................................................................................................................... 1 Project Understanding .................................................................................................................................. 2 Risk Management Log

.......................................................................................................................................

3 Project Approach

..............................................................................................................................................

4 Scope of Work ...................................................................................................................................................

5 Organizational Chart ........................................................................................................................................

7 Similar Projects ............................................................................................................................................. 8 Proposed Schedule ..................................................................................................................................... 10 Resumes ....................................................................................................................................... Appendix A Addendum Acknowledgement ..................................................................................................... Appendix B Fee

Proposal .................................................................................................................. Separate Submission

ATTACHMENT 2
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October 8, 2021
Cristina Oquendo, Assistant

Engineer
City of Costa Mesa, Public

S
ervices Department/Engineering Division

77 Fair Drive

, Costa Mesa, CA 92628

Subject: Request for Proposal for Project and Co nstruction Management and Inspection S ervices (Non - Federal Aid Project) for the Citywide Parkway Maintenance, Street Rehabilitation , and Slurry Seal Project, No. 2 1-03 Dear Ms. Oquendo,
Z&K Consultants Inc. (Z&K) proudly presents our proposal to the City of Costa Mesa

to provide
Project and Cons

truction
Management and Inspection S ervices for the Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project, No. 21-03.

Z&K is a certified Disadvantaged Business Enterprise (DBE) , Women’s Business Enterprise (WBE), and Small Business Enterprise (SBE) in Southern Californi a. Z&K specializes in the provision of

Project Management, Construction Management, Construction Inspection, Plan Review, Staff Augmentation, and other Professional Engineering Consulting Services. The Z&K Team has held numerous street rehabilitation contracts for local agencies and

is committed
to the success of the City of Costa Mesa’s Project

.

Z&K is proposing the same team that successfully delivered the many street improvement projects . This Team works efficiently and with great comradery with City staff to achieve the community' s go

als
. Z&K works proactively and diligently with City staff to successfully deliver

the Project under budget while mitigating numerous unforeseen delays. We understand the vital importance of community outreach in keeping councilmembers and the community informed with accurate project schedules and detailed outreach efforts. Z&K

will provide a weekly pr oject newsletter of critical construction activities completed each week and the scheduled activities to be completed the week after. Z&K is also proud to provide site walks with City staff and elected officials at any time throughout the project to discuss project progress and schedule.

Z&K understands that the bid opening for this Project was on August 5, 2021, and that the apparent lowest bidder is R.J. Noble Company with a bid

amount of $

3,021,475

. The contractors’ bids ranged from $ 3,021,475 to $3,767,275 with the Engineer’s estimate in the amount of $3,326,927

. Our team has worked with
R.J. Noble Company on numerous projects and have a great working relationship with the contractor. The bid

is lower than the Engineer’s estimate which will result in cost saving to the City.

Our proposed Senior Construction Inspector, Noah Hernandez, is thoroughly familiar with the project, and has performed a site visit and preliminary constructability review of the project. We have thoroughly reviewed the Project plans and specifications and understand that this project generally consists of mobilizat ion, removal and reconstruc ti on of curb and gut ter s, sidewalks, driveway approaches, spandrels, cross gutters, and ADA curb ramps; remo val and reconstructio n of existing pavement; milling and overla ying with new asphalt; adjustment of manholes and valves to grade; procurement and application of Slurry Seal Type II with 2.5% latex, cr

ack sealing;
notifications to businesses and residents; traffic signing; striping and markings; installation of pavement markers; and implementation of traffic control . Our team prepared a comprehensive risk matrix

, as well as a
detailed project schedule,

identifying various critical
elements of the project that will be of top priority for Z&K’s proposed personnel.

We have created unique staffing plan to meet the City’s needs and expectations for this Project . Z&K has carefully selected this "A - Team," which includes Converse Consultants as subconsultant providing Geotechnical and Materials Testing Services. Z&K has committed our most qualified staff fo r the duration of the contract. Our proposed team members are recognized as experts in the industry and will provide “turn-key” Services for the City of Costa Mesa. The Z&K team knows the importance of providing qualified and experienced personnel, capable of working independently, that arrive on -site properly equipped and have the necessary safety and technical training to start work with no learning curve.

Z&K has successfully delivered over 40 street improvement projects serving in a similar capacity over the past 10 years. Our team members’ unmatched experience in Project Management, Construction Management and Inspection of street rehabilitation projects makes the Z&K team uniquely qualified to provide the requested services. Z&K is proud of our reputation for having seasoned personnel and of the industry’s recognition of our ability to deliver complex capital improvement projects ahead -of-schedule, under budget, without claims, and with outstanding customer service.

Zack Faqih, PE, QSD/P, MSCE, CBO will personally lead the Z&K Team as the Project Manager/Construction Manager and

will be the
point of contact for the duration of the Project. I will serve as the management contact person for the full duration of the contract, and I am authorized to bind the firm to the terms of the proposal. Z&K Consultants, Inc. does not have any exceptions and commits to accept the terms and conditions to the language in the RFP

documents. We acknowledge that the City issued Addendum No. 1 on October 4, 2021

.

We are excited about this opportunity to serve the City of Costa Mesa and

are committed to the successful and early completion
of the

P
roject.

Sincerely,

Crystal Fraire, PE |President, Z&K Consultants Inc.
473 E. Carnegie Drive | Suite 200 | San Bernardino, CA 92400 951.310.7470 | [email protected]
Z&K’s proposed Senior
Constr u ction Inspector, Noah
Hernandez, has performed a
site visit & preliminary
constructability review of the
Project. Mr. Hernandez has
experience on over 17 street
rehabilitation projects.

ATTACHMENT 2
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PROJECT UNDERSTANDING
Z&K is proposing the same team that successfully delivered numerous other street rehabilitation projects . Our Team has unique knowledge working with Cities and their community. Through this experience, we have identified items that were successful in previous projects or could be improved for the success of the City of Costa Mesa’s Project. Our Team also performed a site visit and a preliminary constructability review of the project.

Construction Site Walk/Change Orders | To assist in controlling cost, Z&K will conduct a pre -construction site walk with City staff members to identify areas that could potentiall y result in unanticipated costs. This includes extra quantities of asphalt or concrete such as damaged curbs, gutters or sidewalks not listed on the approved plans. During construction, Z&K will conduct site visits with City staff, as needed, to minimize change orders and cost increases.

Community Outreach | The Project streets are a mix of residential and commercial areas, especially along Placentia Avenue. Z&K will have continuous efforts to keep the

community
informed of scheduled construction activities. Access to businesses will be planned and coordinated prior to the start of any work. It is imperative that our community outreach does not only include property owners, business owners and residents of Costa Mesa, but also elected officials, management from the City of Costa Mesa, and all affected agencies.

Z&K will provide updates to affected areas concerning traffic controls, anticipated completion dates, lane closures and access to private property during construction.

Weekend Work/Overtime Requested by Contractor | All overtime shall be approved by the City prior to the commencement of work and all associated costs for inspection/construction management shall be at the expense of the contractor. This item shall be included as a discussion item in the pre

-
construction conference. Due to unforeseen issues when scheduling manpower and materials, it may be necessary for the contractor to work evenings or weekends. This provision is important to minimize any additional costs to the City for the benefit of the contractor.

Agency Coordination | During previous projects , several situations developed that required Z&K to reach out to both local and Federal agencies to coordinate activities and address agency concerns. Prior to the start of construction, Z&K will have City/County areas of responsibility clearly marked and will coordinate construction activities with the contractor.

Delays Due to Other Projects | Previous p rojects encountered a significant delay to due utility construction work. Z&K will work closely with the City to ensure that other scheduled projects do not interfere with our project. We will also work closely with local agencies to ensure project schedule overlap and conflicts do not occur.

Z&K will also work with staff to coordinate street construction activities so that they do not conflict with any needed emergency utility or road work. If the need arises, Z&K will work closely with the contractor to adjust the schedule and accommodate any unanticipated work which might impact the overall schedule.

Public Safety | Our team will closely monitor traffic control since this Project includes several high traffic flow streets. Our Team will ensu

re that work within a two (2) block radius of schools are performed during school breaks or on weekend work as specified in t he
specifications. We will also ensure that work around the Fair Grounds is not performed during the Fair. Z&K will maintain access to residents and businesses during concrete reconstruction phase. After PCC improvements are made, we will ensure that the parkways are restored to satisfactory condition.

Street Striping | During a previous project, a vehicle drove over the freshly painted street striping and pursued a claim against the Contractor. It is recommended for the contractor to utilize cones during all street striping. Flagmen should also be required for streets with a higher vehicle count. The Z&K inspector should be able to require the street striping company to provide additional flagmen when the inspector deems it necessary. It is recommended that this be at no additional cost to the City.

Damage to Private Property | Damage to private property and vehicles occasionally occurs during construction activities. The contractor and subcontractors all have adequate insurance and an established procedure to handle these claims. Community outreach shall include a pro

cedure to notify Z&K immediately if any damage occurs. This is so we can properly memorialize the damage and conduct an interview to ascertain the facts. Z&K will have a procedure for the community to file claims prior to the start of construction. This will include the contact information, phone numbers, and emails for the contractor’s risk management person.

Parking Enforcement | The objective of parking enforcement during construction should include the use of more flyers and notifications from the co ntractor to the residents. It is important to stress the need for the residents to adhere to the posted no parking signs.

They may contact Z&K if there are extenuating circumstances such as inoperative vehicles, lost keys, etc. Community outreach will en

courage voluntary compliance with ticketing and towing as absolute last resorts.

Z&K will notify and coordinate with the City’s
parking control staff prior to the posting of no parking signs.

ATTACHMENT 2
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RISK MANAGEMENT LOG
Based on a comprehensive review of the project documents and site visit, Z&K has identified the following potential risks and proposed resolutions for the Project.

ID Risk
Impact
Occurrence
Probability Risk Description Project Impact/Risk
Area Response Strategy
1 High High Traffic Control Safety & Public In
convenience
Z&K understands that there is substantial traffic issues on most of these streets. Due to traffic issues, conventional traffic control methods along with a combination of constant flagmen should be implemented. WATCH may be adequate for most situations; however, some locations may require additional resources. Our team will review the traffic control plans to ensure they comply with the WATCH manual and MUTCD requirements. We will also review it for minimum lane widths and as well as continuous and safe access for pedestrians. We will e nsure temporary pavement markings are implemented. Our team will work closely with the Contractor to provide advanced notice to first responders and essential services.
2 High High Community
Outreach Schedule
It is imperative that our community outreach does not only include property owners, business owners and residents, but also elected officials , management from the City , and all affected agencies. Prior notification for the start of the Project as well as continuous communication to property owners concerning both the construction schedule and access issues will be ongoing. 3 High High Agency
Coordination Schedule & Budget
Our Team will ensure that all agencies affected by this Project are invited to the pre -construction conference and informed of the Project schedule and progress. Z&K will ensure that the Project compl ies with all permit requirements and environmental mitigation measures. Our Team will need to coordinate with the City’s arborist for tree root removal and root pruning. We will closely monitor the Contractor during any tree root trimming.
4 High High Utility
Coordination Schedule & Budget
We will ensure that the Contractor coordinates with Underground Service Alert and all utilities are marked prior to the start of construction. We will track existing utilities marked by Underground Service Alert to ensure that mark outs are recorded and documented. After mark outs, contractor will be required to pothole. Additionally, contractor shall notify all utility agencies to performing any work.

If the contractor hits a utility, they will not be able to claim that the City is liable for the cost of repairs.

We will ensure that all utilities are tied off and lowered prior to paving. We will ensure that all utilities are raised to grade and free of any debris.
5 High High Change Order Schedule & Budget Z&K will c losely monitor the work and proactively manage the change order process. We will identify potential change orders early and proactively develop solutions. 6 High Medium Delays Due to
Other Projects Schedule & Budget
Z&K will work closely with the City to ensure that other scheduled projects do not interfere with our project. We will also w ork closely with local agencies to ensure project schedule overla p and conflicts do not occur.
7 High Medium
Overtime Work
Requested by
Contractor
Budget All overtime shall be approved by the City prior to the commencement of work and all associated costs for inspection/construction management shall be at the expense of the contractor. 8 Medium High
Pedestrian Access
during
Construction
Safety & Schedule The contractor is responsible to always maintain pedestrian access through the project. We will ensure that the contractor accounts for pedestrian access when staging their work. 9 Medium Medium Damage to
Private Properties
Public
Inconvenience
Damage to private property and vehicles occasional ly occurs during construction activities. Community outreach shall include a procedure to notify Z&K immediately if any damage occurs.
10 Medium Medium Job Site
Housekeeping
Safety & Public
Inconvenience
We will h ave the contractor commit to street sweeping during all construction activity. This item should not be left to the discretion of the Contractor but rather a specific directive from the City to the Contractor.

ATTACHMENT 2
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PROJECT APPROACH
The Z&K Team ha s successfully utilized CM Agency delivery on a host of projects. Through this experience we have developed project management procedures that promote collaboration and teamwork, improve quality and maximize the value of the above project.

Z&K

’s
past performance with Cities, Counties, and other agencies show our remarkable ability to control costs, guarantee great quality of work, and meet all project deadlines.

MANAGEMENT APPROACH
Z&K Consultants, Inc. provides proven professional construction management techniques to ensure the safe co nstruction of a quality project completed on time and within budget. Z&K accomplished this by establishing the systems, policies, and procedures necessary to ensure adequate project controls are in place. The Construction Manager must ensure all parties un derstand the basic responsibilities and interrelationships of all team member such as the Owner, the Design Engineer, the Contractor, the construction management team, and the subconsultants. Additionally, a good Construction Manager must have the knowledge and experience to effectively understand the interrelationships between the key management components of time, information, cost, and quality.

Decision making, including obtaining sufficient information to make re asoned decisions, is the key element leading to a successful project. The Z&K approach is founded on a thorough understanding of each of the management components critical to the project.

TIME MANAGEMENT
Time management uses scheduling to accurately manage and track the restrictive elements of time and resources throughout the project. The key to a successfully implemented and managed schedule is the development of an accurate, detailed, and realisti c base

line schedule. Z&K will review the Contractor’s baseline schedule to ensure it is accurate and reasonable. Activity durations and
logic ties may be examined for accuracy and constructability. Schedule implementation and administration is the next step in proper time management. The Contractor’s actual progre ss will be documented daily. The Z&K Team may review the progress with the Contractor at the weekly meetings. The Contractor’s three -week-look-ahead schedule will be compared with the work plan on the record schedule to ensure the Contractor continues to u se the record schedule as a management tool. We will check the record schedule for activities with start dates that did not begin during the review period. This proactive approach flags potential delay issues for further discussion.

INFORMATION MANAGEMENT
Proper information flow is crucial to the success of a project. A construction project generates a large amount of information, which must be distributed to all parties on a timely basis. Z&K

will act as the hub for the management of all information flow. Z&K has extensive experience providing document management solutions for its clients. Z&K’s approach to information management also includes building a communication framework to continually foster partnering and teamwork relationships for all the project stakeholders. Z&K builds

this framework from the start of the project with an all -inclusive kick

-
off meeting where the lines of
communication and project responsibilities will be clearly explained to all the project stakeholders. The emphasis on project communication continues throughout the project with the weekly construction meetings. At each weekly meeting, all ongoing issues will be reviewed and discussed.

COST MANAGEMENT
Z&K will take the lead to ensure a cost management system is properly implemented and maintained. Z&K’s cost management role will be in two parts. The first is to track the value of the completed work to ensure accurate and detailed monthly progress billing by the contractor. Secondly, Z&K will proactively manage the change order process. Each month, the Construction Inspector will review and approve the quantities. This ensures the Owner is accurately billed for the completed work monthly. Changes in work and unforeseen conditions will be closely monitored. Any costs for changes will be managed by the Z&K construction management team.

An ongoing log of potential change issues will be maintained. These issues will be discussed and updated at each weekly meeting.

QUALITY MANAGEMENT
Quality management is an inherent CM responsibility. Z&K is knowledgeable and capable in all aspects of quality management. Quality assurance is the app

lication of systematic methods to verify the effective implementation of quality control procedures. Z&K will manage the quality of the project by taking the quality assurance lead role and implementing the Z&K quality assurance program, which allocates quality control responsibilities to the various project participants to ensure the constructed product conforms to the contract plans and specifications. This includes a detailed inspection plan, inspection procedures, and documentation procedures for all in

spection and test reports. Z&K will review the Contractor’s quality control procedures to ensure adequacy.

Quality assurance includes quality of the constructed work as well as the quality of the Contractor’s document processe s. In Z&K’s experience, lack of quality in the paperwork with items such as poor submittals and unanswered RFIs may lead to lack of quality in the constructed product. Deficiencies in submittal quality control by the Contractor often leads to incorrect or inferior equipme

nt and
materials being installed. Z&K will be proactive with the Contractor to ensure the quality of their submittals. Likewise, lax procedures for the processing of RFIs may lead to misunderstandings and delays. Z&K will take a proactive approach with the Contractor and the Design Engineer to ensure the quality of the RFI process is maintained. Z&K regularly performs internal audits of its field operations to ensure the proper implementation of procedures for Z&K’s quality assurance program.

ATTACHMENT 2
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SCOPE OF WORK
Z&K has thoroughly reviewed the Request for Proposals (RFP); we confirmed our team will provide all scope of work tasks as outlined in the RFP scope of services to

ensure the success of the City of Costa Mesa’s Project. Z&K acknowledges our ability to meet potential project requirements for the variety of work listed under the scope of services.

Pre - Construction Services | Z&K will schedule, coordinate, and conduct a pre -construction conference with the City, contractor, utilities and other agencies. At the pre -construction conference, we will outline project specifics, discuss critical contract items and concerns, and establish the protocol and project administration procedures to be used throughout the project. The me eting will highlight the contractor’s responsibility for items such as permit and environmental agreements, safety and access, progress pay requests, labor compliance, submittals, RFIs, CCOs, quality control, materials certification, schedule updates, and weekly meetings.

Management Information System (MIS) | Our proposed staff has extensive documentation and filing experience and will establish a cloud-based management information system (MIS) that will be utilized throughout the project’s duration. This information system will be used for organizing, tracking, filing, and managing project documents. Our Team know that a complete record of the project must include, at a minimum, a full set of copies of all paper/electronic correspondence, including letters, requests for info rmation, submittals, contracts, reports, O&M manuals, progress payments, and change orders. All paper files, digital files, and correspondence logs will be made available to City staff throughout the duration of the project.

Review Traffic Control Plans | Z&K has extensive experience with all types of traffic control processes, including City and County streets and Caltrans right-of-way, night closures, detours, shutdowns, and ensuring access to pedestrians and emergency vehicles. Z&K will review the contractor’s traffic control plan for traffic control, detours, shutdowns, and access for emergency vehicles. Ou

r
Team will
review the phasing p lan/sequence of work and provide any comments or recommendations to the contractor. Our inspector will provide oversight for lane closures, traffic congestion monitoring and analysis, and provide the contractor with traffic relief recommendations and potential alternate routes . Z&K inspectors will ensure the traveling public’s safety and prevent any unreasonable delay by verifying minimum lane widths and safe access for vehicles and pedestrians.

Meetings | Z&K will schedule, coordinate, and conduct weekly construction progress meetings with the City, contractor, utilities and other agencies. At each weekly meeting, all ongoing issues will be reviewed and discussed. The agenda will include items such as project background, scope, objectives, safety, current and past issues, updated progress of the work, request

s
for information (RFIs),
submittals, testing and inspection reports, non-conformance notices, contract issues, procedures, environmental monitoring, change orders (COs), look

-
ahead schedule for upcoming work, pay requests, and so forth. Z&K will prepare and promptly distribute meeting minutes to all attendees at the conclusion of each weekly meeting.

Issues Management

|
Z&K has the knowledge, skill, and experience to inspect all the anticipated construction operations for this contract. Our Team will review cost reduction proposals as well as contracto

r’
s methods of construction in order to ensure compliance with plans and specifications and delivery of project within the budget and time specified. Our inspectors will monitor and enforce construction noticing requirements. Our Team will analyze issues, seek appropriate advice, and give recommen

dations.

Z&K will verify
that all work conforms with the requirements and identify any issues of non -compliance with the applicable codes. Inspectors will meet with the project design team, City’s consultants, and City staff to work out any problems and resolve issues quickly and efficiently.

Schedule |The Z&K t eam will review the Contractor’s schedule weekly to monitor the project progress and define the critical path tasks

required to ensure compliance with the project schedule. The Z&K Team has extensive experience in dealing with changes from unforeseen conditions, owner

-
initiated changes, and other types of delays. Z&K will report any delays or instances of noncompliance with the project schedule to the City. The contractor will be required to submit a time impact analysis for any issue with the potential to delay the overall progress of the work. Z&K will advise the City and recommend and approve the monthly construction schedule, including activity sequences and durations, schedule of submittals, and schedule of delivery for products with long lead-time.

Cost Control | Z&K will monitor the project’s funding to ensure that all requirements are being met and that the project’s monthly progress billing is on track and within budget. Our team will monitor the budget closely and alert the City of any issues. Z&K will review and document all contract item payments, material quantities, and change order payments. Z&K will ensure that the appropriate paperwork is reviewed and processed for the project funds.

Our team will provide budget reports and cost estimate
reviews.

Labor Compliance | Z&K has extensive experience providing labor compliance oversight, and is capable of reporting on prevailing wage requirements, reviewing payroll documentation, ensuring compliance status and the proper filing and review of certified payrolls.

Z&K will monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates

.

Z&K
will conduct field interviews at the job site with each labor trade to verify that prevailing wages and fringe benefits follow applicable laws and certified payroll reports. Z&K will immediately inform the City of any discrepancies or labor compliance violations.

Request for Information (RFIs) & Submittals |Z&K will coordinate and ensure prompt processing and an efficient turnaround time for contractor requests for information (RFIs) and submittals. Z &K will log, track, manage the distribution, and ensure timely review of all RFIs and submittals. The log will identify each RFI and submittal, the date received, date the submittal is returned to the contractor, the action required, and other pertinent information.

Change Orders |Z&K works proactively to eliminate or reduce project impacts from potential change orders. Z&K will provide first-line management of change order administration including evaluation of change order

requests; independent estimates; project
mitigation; written approval from the City

prior to approval of any extra work; investigation and inspection of differing site conditions; schedule impact analysis

; impact mitigation;
and verification of costs. Z&K will continuously prepare independent cost estimate change orders and schedule analysis of work to ensure that all change orders are of technical merit prior to execution.

ATTACHMENT 2
158
Dispute Resolution | Z&K’s proposed team members are trained in dispute and claim avoidance and resolution and will d

evelop and
implement an Alternate Dispute Resolution ladder to resolve construction issues in a timely manner

and avoid any potential delays in
the project schedule. Z&K

will evaluate any potential claims from the Contractor for whether there is entitlement and will determine what the fair and reasonable amount of entitlement will be prior to making a recommendation to the City for Contractor payment.

Quality Control/Inspection/Material Testing Services | Z&K will manage the quality of the p

roject by taking the quality assurance lead
role and implementing the Z&K

quality assurance program,

which allocates quality control

responsibilities to

the various project
participants to ensure

the constructed

product

conforms to the contract plans

and

specifications. The

Z&K proposed staff

will
complete Daily Reports including equipment, crews/personnel, and photographic and video documentation of construction process (before, during and after construction). The

Z&K Team will provide digital

photos and/or video

documentation prior

to

work,

with
work in progress, and upon acceptance of work. This will include scope of work and critical elements. Materials testing services will be provided by our subconsultant, Converse Consultants, with whom we have worked on multiple projects in the past.

Public Relations | Z&K will assist the City in forming and maintaining good relations with the local business

community regarding
temporary construction impacts by providing community outreach and a contact person to manage public relations for the duration of the project. At a

minimum, the Z&K

team distribute

verbal and

written notices to local businesses before any

temporary
construction impacts take place. Z&K will manage and track public inquiries for the Contractor and for the City and will advise of any concerns and findings. Additionally, Z&K will develop a neighborhood affairs strategy for any property owners, businesses, an d the public

that will be affected. This will include the preparation and distribution of information materials for the affected public

, including
fact sheets and project updates.

It is imperative that our community outreach does not only include property owners, business owners

and r

esidents, but also elected officials and management from the City.

Permit/Environmental Compliance | The Z&K Team understand the importance

of coordinating

with local environmental and
regulatory agencies and have experience

complying with a vast number of them.

Our team includes QSD/Ps and inspectors fully
knowledgeable regarding WQMP and SWPPP implementation and maintenance requirements. We will review the contractor’s compliance with regulatory permits,

mitigation measures,

storm water regulations,

and the SWPPP. Z&K

will notify the Contractor
immediately if control measures are not installed correctly and will oversee a prompt correction. Z&K will ensure that the Project compl

ies
with all permit requirements and environmental mitigation measures.

Progress Payments | We will work closely under the direction of the City

and with the Contractor to verify that

the contractor’s
payments are pro

cessed, provide recommendations, and ensure they are executed promptly by the contract documents and City

’s
procedures. Z&K will work with the Contractor on required corrections to the pay requests and progress payments

. The pay requests
will be submitted to the City

with a statement that they have been reviewed and will include recommendations for execution.

Monthly

Status

Reports

| The Z&K Team

will

prepare and

distribute a

monthly

status

report will

include

project

progress,

change

orders,

cost

issues,

and

an

updat

e
to the schedule.

These reports will

be submitted

to
the City

in

a

t
imely

m
anner.

Site Safety | Z&K Consultants take extreme pride for being a very safety conscious organization implementing a safe environment both in our offices and on our project sites. Z&K will review the Contractor’s compliance with workplace safety and health standards and notify the City of non -compliance. The Inspectors will attend the Contractor’s Safety Meetings and promote safety throughout the life of our contract. Z&K will review, monitor, document and enforce contractor safety procedures for compliance with all s

afety
laws and regulations. If any safety violations occur, Z&K will take immediate action to correct the issue and report any incidents

.

“As-Built” Drawings | Z&K will create redlines on as-built drawings and coordinate the as-built plans with the Design Engineer. We will manage the Design Engineer’s performance on the as-built drawings and check the record drawings prior to transferring to the City.

Z&K Consultants will prepare a final report detailing the work completed, costs, changes, warranties, and documentation provided to the City. The report will also include a section on future suggestions and lessons learned.

Final Walkthrough | Our Team will take a proactive approach at processing project close-out by preparing a final punch list of items, which typically include guarantees/warranties, subcontractor liens, retention, and final acceptance/certificates of completion, orderly transfer of key records and documents, resolution of outstanding issues, final payment preparation and processing along with final acceptance or record drawings. Upon completion of the project and all items on the final punch-list, Z&K will conduct a final inspection and walk

-
through including City staff,

Contractor, maintenance/service personnel,

and project design consultant,

and applicable
agencies. Z&K will advise the City when the Notice of Completion (NOC) should be filed. Z&K will prepare the final punch list when the contractor has certified and demonstrated the work is substantially complete..

Project Completion Report | Upon project completion, Z&K’s Construction Manager will submit the final construction management report summarizing the project history, any claims and recommendations or resolutions, and documentation of any corrective actions.

All project documents collected and filed throughout

the project will be delivered to the City

at

project completion. The final
construction management report will also include a section on future suggestions and lessons learned. All original project documents and final project reports will be furnished to the City

within the acceptable time frame and in the formats requested.

Upon

completion

of the project and

following

the final inspection

and

walkthrough, Z&K will provide

the City with both hard and
electronic copies of project documentation, including a report stating that the installation of all improvements required by the project have been completed in accordance with the plans and specifications. Z&K will also provide the City with necessary data needed for acceptance of the project, such as release of retention, certification of release of all liens and stop notices, certification of delivery of record drawings

.

Z&K will calculate the amount of final payment due to the prime Contractor and prepare the proposed final estimate.

Z&K will also review and process the release of rete

ntion
.

ATTACHMENT 2
159

ORGANIZATIONAL CHART
Z&K has carefully selected this "A-Team" and committed our most qualified staff for the duration of the contract to deliver a successful project. Our team members have extensive

experience in construction management and inspection services for public a gencies and have completed over 40 Street Rehabilitation Projects . Our proposed Z&K team includes Converse Consultants to provide material testing services, with whom we’ve worked together on numerous projects and share great synergy .

We have utilized the following staffing plan on over 20 street rehabilitation Projects with great success. We have proposed one Project Manager/Construction Manager dedicated to this Project part-time (20 hours per week) and a Project Manager/Project Engineer full- time. Both Project Managers are licensed Professional Engineers and QSD/Ps. We have strategically provided a highly experienced senior construction inspector that is qualified to perform construction management and inspection services for the City. Our proposed Senior Construction Inspector is multi

-
disciplined and will provide general and specialized inspection saving the City significant cost. We will also de

plo

y a
second construction inspector since this is a significantly large project that will cover all of the City of Costa Mesa.

Our
staff will deploy efforts as the project schedule and construction activities dictate. We will reallocate manhours, when possible, for cost sav

ings to the

City.

PROFESSIONAL AND QUALIFIED TEAM
The key to a successful project is a highly qualified and well-managed team. We offer the City a cohesive, talented team of licensed and certified professionals. Our Professionals are recognized as leaders in the industry and will act as a seamless extension of City Staff.

Our Construction Management and Inspection professionals keep these key objectives in mind:
• Quality services and project deliverables
• Time and budget efficiency
• Adherence to quality and assurance standards
• Constant communication
• Application of technical and practical expertise
Z&K Consultants commits that all assigned personnel will not be removed or replaced without prior written City approval. Key personnel will be available to the extent proposed for the duration of the contract. Our proposed and fully committed team is fully capable and exceptionally qualified. They have held many leadership and supervisory management positions in many local agencies including the private and public sectors. All can multi-task, are multi

-
disciplined, and have a full understanding of all aspects of the proposed project requirements. They deliver their knowledge and expertise with tact and seamless integration with staff and outside agencies.

ATTACHMENT 2
160

SIMILAR PROJECTS

The Z&K Team has successfully performed Professional Project and Construction Management and Inspection Services for numerous projects

. Z&K specializes in Construction Management and Inspection services for street rehabilitation projects and ha s successfully delivered over 40 projects of similar scope in the last 10 years. The following projects have been completed on time and within budget.

CITY OF LAKE FOREST | STREET RESURFACING & SLURRY SEAL PROJECT Duration: 2021 – Ongoing | Contact: Taylor M. Abernathy, Principal Civil Engineer | Phone: (949 ) 461 - 3490 | Email: [email protected] Z&K Consultants, Inc. is providing Construction Management and Inspection Services for this project for the City of Lake Forest, which involves the street resurfacing of Glenn Ranch Road from Portola to El Toro, slurry seal of residential Zone F and arterial slurry seal of Jeronimo and Muirlands from Los Alisos to Bake. The project’s scope of work includes street rehabilitation and resurfacing, slurry seal, grind and overlay using the City’s GIS system, mobilization, updated ADA ramps, dig-outs at multiple locations, traffic signing, striping, and markings, removal and replacement of existing curb and gutters, sidewalks, driveway approaches, spandrels, cross gutters, adjustment of manhole and valves to grade , and drainage improvements. Z&K staff are providing construction management and inspection services, contract administration, labor compliance, traffic control, coordination of material testing services, and maintaining relations with local affected businesses and residents. Engineering Fee: $ 355 ,000 | Project Construction Cost: $6.0M

CITY OF ALHAMBRA

|
FY 19

/
20 & FY 20/21 SB1 STREET REHABILITATION PROJECTS
Duration: 2021 – Ongoing | Contact: Stephanie Sandoval, Engineering Associate | Phone: (626 ) 570 - 5062 | Email: [email protected] Z&K Consultants, Inc. is providing Construction Inspection Services for these two projects for the City of Alhambra. The FY 19 /20 SB1 Street Rehabilitation project consists of pavement rehabilitation of 23. Local street segments, located south of Mission Rd., west of Garfield Ave., east of Atlantic Blvd., and north of Valley Blvd. The F Y 20/21 SB1 Street Rehabilitation Project consists of pavement rehabilitation of 24 local street segments, located south of Valley Blvd., west of Atlantic Blvd., east of Fremont Ave., and north of Ramona Rd. The scope of work for both projects include slurry seal treatment, varying depths of cold milling and overlay, full depth removal and reconstruction, removal and replacement of existing broken and off-grade sidewalk, ADA ramps, curb and gutter, driveway

approaches,
and concrete cross gutters. The Z&K Inspectors are providing full time construction inspection services, reviewing traffic control plans, attending progress meetings, performing issues management, coordinating materials testing services, and assisting in maintaining public relations

. Engineering Fee: $50 k (FY 19/20), $80k (FY 20/21) | Project Construction Cost: $1.9M (FY 19/20), $2.3M (FY 20/21)

CITY OF COMPTON | ANNUAL RESIDENTIAL STREET

REHABILITATION PROJECT (PHASE
S

1 & 2A
)
Contract Duration: 2020 – Ongoing | Contact: John Strickland, Project Manager | Phone: (310) 605-5500 | Email: [email protected] Z&K Consultants, Inc. is provi ding Project Management, Construction Management, and Inspection Services for this Projec t. The scope of work consists of asphalt overlay, clearing and grubbing, construction of cold mill and AC overlay, slurry seal application, HMA pavement, ARHM overlay, AC base course, aggregate base, full depth AC slot pavement, PCC sidewalk and pavement, PCC curb and gutters, PCC cross gutter, alley intersection, sidewalk, driveway approach, curb ramps including detectable warning surfaces, signing, striping, markings, pavement legends, speed hump, landscaping, irrigation, adjusting ma nhole and utility covers to grade, water valve, water meter, street lighting, installation of loop detectors and bicycle loop detectors, traffic signal modification, adjustment of streetlight and traffic signal pull boxes to grade . Z&K inspectors performed mobilization, construction staging coordination in heavily traveled intersections, traffic control, SWPPP and erosion control plan preparation. Services

also

included full-service construction management, pre -construction, establishing a management information system, reviewing traffic control plans, meetings, issues management, scheduling, cost control, labor compliance, reviewing R FIs and Submittals, change orders, dispute resolution, quality control/inspection, material testing services, public relations, permits/environmental compliance, progress payments, monthly staff reports, site safety, as -builts drawings, final walkthrough, and project completion reports. Engineering Fee: $300K (Phase 1), $400K (Phase 2A) | Project Construction Cost: $5.2M (Phase 1), $6.5M (Phase 2A)

Our Projects include the following similarities to the City of Costa Mesa’s Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project:

ü Manhole & Valve Adjustments
ü Slurry Seal Type II Application
ü Crack Sealing
ü Mobilization & Demobilization
ü Traffic Signing, Striping, M

arkings

ü Pavement Markers
ü ADA Ramps

ü Traffic Signal Loops
ü SWPPP Review & Implementation

ü Construction Management
ü Construction Inspection
ü Contract Administration
ü Traffic Control
ü Geotechnical and Material
Testing Coordination
ü Public Relations Management
ü Labor Compliance Oversight
ü Quality Control/Assurance

ü Street Maintenance
ü Street Rehabilitation
ü Slurry Seal
ü Curb & Gutters
ü Sidewalks
ü Driveway Approaches
ü Spandrels
ü Cross Gutters

ü Grinding & Overlay

ATTACHMENT 2
161
CITY OF TORRANCE | RESIDENTIAL & ARTERIAL PAVEMENT IMPROVEMENT PROJECT, I - 159/I - 139 Contract Duration: 2020-2021 | Contact: Cesar Aguilar, Assistant Engineer | Phone: (310) 618 - 3061 | Email: [email protected] Z&K Consultants, Inc . provided Construction Management and Construction Inspection services for this project, which consists of pavement improvement s to a residential neighborhood and four arterial streets. Improvements include clearing and grubbing, application of slurry seal, cold mill and AC overlay, removal and disposal of existing pavement, localized pavement repairs, as well as tree removals and replacements, asphalt berm replacement, AC base course, concrete repairs to PCC curb, gutter, PCC sidewalk, PCC driveways and driveway approaches, access and ramps, replacing pavement markings and striping on concrete and asphalt, and installation of raised pavement markers and City project signs.

Other relevant features include mobilization, preparation of SWPPP and erosion control plans, coordination with local utilities, adjustment of manhole and utility covers to grade, water valves and storm drain manholes, traffic control, local utility coordination, geotechnical and materials testing coordination, hardscape, landscape, and irrigation. Throughout the project, Z&K team members have coordinated an attended meeting, reviewed traffic control plan s, performed issues management, labor compliance, reviewed requests for information and submittals from the contractor, reviewed potential change orders, prepared daily inspection reports, reviewed all contractor payment requests, prepared monthly reports, reviewed as -built drawings, and monitored contractor’s safety program for compliance with Cal/OSHA. Engineering Fee: $120 K | Project Construction Cost: $3.6M

CITY OF SAN BERNARDINO | STREET REHABILITATION PROGRAM (30+ MAJOR CITY STREETS) Contract Duration: 2018 – Ongoing | Contact: Saba Engineer, Principal Civil Engineer | Phone: (909) 384-5284 |Email: [email protected]

Z&K Consultants, Inc . provided Construction Management and Inspection Services for this long-term, on-call contrac t with the City of San Bernardino, which has included street resurfacing and pavement rehabilitation for over 30 major streets and multiple major street intersections. The project included street rehabilitation and resurfacing, storm drain relocation, traffic signal improvements, traffic control, full depth removal and replacement of asphalt concrete, cold milling and AC overlay, slurry seal application, construction of new curb, curb and gutter, PCC sidewalk, replacement of existing PCC dri veways, driveway approaches, curb ramps, retaining curbs, cross gutters, asphalt

-
concrete pavement, clearing and grubbing, preservation of existing city survey monuments, adjusting manhole covers to grade, and installation of pavement markings and stripin g on concrete and asphalt.

Related work includes mobilization, assisting in preparation of SWPPP and erosion control plans, local utility coordination, geotechnical and materials testing coordination. Z&K personnel coordinated the distribution of public notifications to several schools, churches, and residential homes affected. Engineering Fee: $600 K (Total) | Project Construction Cost: $8M (Total)

CITY OF SAN MARINO | STREET REHABILITATION PROGRAM
Contract Duration: 2021-Ongoing | Contact: Michael Throne, Public Works Director | Phone: (626 ) 300 - 0787 | Email: mthrone@cityofsanmarino .org Z&K Consultants, Inc . is providing Construction Inspection Services for the City of San Marino’s Annual Street Rehabilitation Program, which cons ists of citywide roadway pavement rehabilitation

. The program’s improvements include
cold-milling asphalt concrete
pavement and re-paving with hot mix asphalt (HMA) and asphalt rubber hot mix (ARHM), clearing and grubbing, localized pavement repairs, repla

cing impacted traffic striping, markings, pavement legends, curb painting, replacing damaged curb and gutter, curb ramps, cross gutters, sidewalks, driveway approaches, installing speed humps, adjustment of sewer manholes

and water valves, coordinating
with local utilities, implementation of SWPPP and temporary construction BMPs, and temporary traffic control. Throughout the project, Z&K staff is also attending and coordinating meetings with the City and contractor, performing issues managem ent, monitoring the contractor’s schedule and project funding, performing labor compliance, reviewing contractor’s RFIs and submittals, reviewing potential change orders, performing dispute resolution, managing public relations, and coordinating materials testing services

. Engineering Fee:
$85,000 | Project Construction Cost: $2.6M
LOS ANGELES COUNTY | AS- NEEDED CONSTRUCTION INSPECTION SERVICES Contract Duration: 2017 – 2018| Contact: Tariq Malik, Principal Project Manager | Phone: (951) 893-8897 | Email: [email protected] The Z&K Team performed Construction Management and Inspection Services for the Slauson Avenue Revitalization and Firestone Blvd . Street Rehabilitation Project s under this contract. T he work included resurfacing of roadway pavement tire rubber modified asphalt concrete; cold mill and ARHM overlay, slurry seal installation, aggregate base, reconstruction of curb and gutter, PCC sidewalk, PCC driveways, PCC cross gutters, ADA curb ramp construction; and construction of concrete pavement and crosswalks . The Z&K team effectively managed key issues including Schedule Control, Environmental Compliance, Communication, Cost Co ntrol, Contract Change Orders and Quality to ensure that the project is successfully completed within time and budget. Other Technical Features:
included: AC paving, concrete paving, curb ramps (ADA Ramps), landscaping and hardscaping, irrigation, electric al street lighting, replacement of street signing and striping, traffic signal modification, adjustment of streetlight and traffic signal pull boxes to grade, storm drains and sanitary sewer repairs. Engineering Fee:
$290

K
| Project Construction Cost: $3.3M

ATTACHMENT 2
162

PROPOSED SCHEDULE
The proposed schedule was developed using Primavera P6 technology. Z&K assumed that no construction will be conducted until the contractor gets an approved traffic control plan that make sure that the public will move around the construction safely and with minimum inconvenience. Our Projec t Schedule includes a preliminary draft CPM Schedule demonstrating that this project can be completed in approximately 78 working days , which results in a schedule reduction of 2 working days.

These estimates are supported by our preliminary construction schedule yielding a significant savings along with overhead construction management and construction costs. The most significant saving is less inconvenience to the community and less City exposure due to shortened construction duration

.

Our team members have achieved such savings on many other projects, so our track record and previous experience supports our proposal to the City.

Time management uses scheduling to accurately manage and track the restrictive elements of time and resources throughout the project. The key to a successfully implemented and managed schedule is the development of an accurate, detailed, and realistic baseline schedule. Z&K will review the Contractor’s baseline schedule to ensure it is accurate and reasonable. Activity durations and logic ties will be examined for accuracy and constructability. The schedule logic and activity durations will also be analyzed to ensure the Contractor does not use float suppression techniques . Schedule float is a valuable resource for the Owner and the Contractor.

Schedule implementation and administration is the next step in proper time management. The Contractor’s actual progress will be documented daily. The Z&K Team will review the progres

s with the Contractor at the weekly meetings. The Contractor’s three

-
week-look-ahead schedule will be compared with the work plan on the record schedule to ensure the Contractor continues to use the record schedule as a management tool. We will check the record schedule for activities with start dates that did not begin during the review period. This proactive approach flags potential delay issues

for further
discussion.

The Z&K Team has extensive experience in dealing with changes from unforeseen conditions, owner-initiated changes, and other types of delates. The Contractor will be required to submit a time impact analysis for any issue with the potential to delay the overall progress of the work. Z&K will seek ways to mitigate the delay as the first cour

se of action. This enables creative solutions for potential delay issues.

The Z&K team will review the Contractor’s critical path method schedule weekly to monitor the project progress and define the critical path tasks required to ensure compliance with the project schedule. Z&K will provide, monthly, an update of accomplishments and projected project schedule goals for the following month. Z&K will report any delays or instances of noncompliance with the project schedule to the City.

The monthly progress billing will be tied to the construction schedule. This will be reviewed by the inspector and discrepancies will be addressed. If necessary, the Contractor will revise and resubmit the schedule of values. This process ensures the City is accurately billed for the completed work on a monthly basis. Z&K will advise the City and recommend and approve the monthly construction schedule, including activity sequences and durations, schedule of submittals, and schedule of delivery for products with long lead-time.

ATTACHMENT 2
163

APPENDIX A. RESUMES
OCTOBER 8 , 202 1

ATTACHMENT 2
164

Mr. Faqih has over 32 years of experience in the project management, construction management, inspection and design of projects including street rehabilitations, local street improvements (

slurry seal
, overlay, signals, landscaping, drainage, and sidewalks), capital improvement projects, grade separations, retaining walls, asphalt concrete & Portland Cement Concrete pavement, freeway rehabilitation, interchanges, sewer & drainage disposal systems, reinforced concrete channels, bridge seismic retrofits , and utility relocations. He has excellent skills in understanding construction contracts, review and control project cos t and schedule, coordinate and assist in negotiating change orders, provide project updates to the client, ensure timely review of critical path method (CPM) schedule to track any changes in critical path and delays, maintain project as -builts, managing multiple subconsultants and supervise inspection staff. Mr. Faqih excels in providing detailed constructability review of project plans and specifications, which minimizes the potential project delays and change order, assists the client from pre-award to project close

-
out to ensure full funding reimbursement.

Relevant Project Experienc e
City of Lake Forest: Street Resurfacing & Slurry Seal Project, Lake Forest, CA | Senior Construction Manager/Project Manager: This project involves street resurfacing of Glenn Ranch Road from Portola to El Toro, slurry seal of residential zone F, and arterial slurry seal of Jeronimo and Muirlands from Los Alisos to Bake. Scope of work included street rehabilitation and resurfacing, curb and gutter improvements, sidewalk replacement, driveway approaches, ADA curb ramps, cross gutters, manhole and water valve adjustment to grade, milling and overlay, etc.

City of Alhambra: FY 19-20 & FY 20-21 SB1 Street Rehabilitation Projects , Alh ambra, CA | Senior Construction Manager

/Project Manager
: Pavement improvements include slurry seal treatment, varying depths of cold milling and overlay, and full depth removal and reconstruction. The project also includes concrete improvements such as removal and replacement of broken and off

-
grade sidewalk, ADA ramps, sidewalks, and driveway approaches, that need updating, broken and off-grade curb and gutter, driveway aprons in need of repairs, concrete cross gutter reconstruction, and traffic signing striping, and markings.

City of Compton: Annual Residential Street Rehabilitation Project (Phases 1 & 2A

)
, Compton, CA | Senior Construction Manager/Project
Manager: Scope of work included construction of cold mill, ARHM pavement, AC base course, curb and gutters, asphalt overlay, PCC sidewalks

and driveways, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, traffic signal loop, loop detectors, and adjust to grade existing sewer manhole. Scope included construction management, reviewing traffic control plans, meetings, scheduling, cost control, labor compliance, reviewing RFIs and Submittals, change orders, quality control/inspection, public relations, progress payments, monthly staff reports, site safety, as-builts drawings, final walkthrough, and project completion reports.

City of San Bernardino: Street Rehabilitation Program (30+ Major Streets), San Bernardino, CA | Senior Constructio n Manager/Project Manager: This long - term, on-call contract involves street rehabilitation and concrete improvements and pavement improvements of over 30

major streets and intersections

. Scope of work include

s
full depth removal and replacement of asphalt concrete, cold milling and overlay of existing asphalt concrete, mobilization, traffic control, staging for major streets and intersections, removal of traffic striping, installation of traffic striping and pavement markers, installation of loop detectors and bicycle loop detectors, construction of cross walks, removal and replacement of sidewalk, driveways, PCC curb and gutter, cross gutters, spandrels, curb ramps along both residential and commercial streets, manhole and utility vault adjustments, and preparation of SWPPP and erosion control plans.

EDUCATION
» MSCE - Structures

Cal
State Fullerton 2005

» BSCE

-
Civil /Transportation

Cal
State LA 1985

LICENSES & REGISTRATION
» Professional Engineer, P.E.

State of California, C57958

» Certified Accessibility

Inspector/Plans Examiner

» Certified Building Official,

C.B.O., CABO
, ICC #3741
» Certified Plans Examiner,

I.C.B.O., #1020345

-
60 » Certified Mechanical Inspector

I.C.B.O. #1020345

-
40 » Certified Plumbing Inspector

I.C.B.O. #1020345

-
30 » Certified Electrical Inspector

I.C.B.O. #1020345

-
20 » SWPPP (QSD) & (QSP) #22055
» OSHA 30 Hour Certification
» State Certified HERS Rater
» Certified Emergency Inspector
» C.G.B.P Certified Green

Building Inspector

» Certified Special Inspector for

Fire Proofing

» Certified Special Inspector for

Structural Welding

» Certified Special Inspector for

Structural Steel

» Certified Special Inspector for
Reinforced Concrete

Zack Faqih, MSCE, PE, QSD/P, CBO

Project Manager/Construction Manager
Relevant Key Highlights:
§ Construction Management
§ Construction Inspection
§ Project Management
§ Constructability Reviews
§ Value Engineering
§ Submittal Reviews
§ Request for Information Review
§ Progress Billing Review
§ Change Order Review
§ Capital Improvement Projects
§ Street Maintenance
§ Street Rehabilitation
§ Street Resurfacing
§ Slurry Seal
§ Curb & Gutters
§ Sidewalks
§ Driveway Approaches
§ Spandrels
§

§ Cross Gutters
§ ADA Curb Ramps
§ Pavement Reconstruction
§ Milling & Overlay
§ Manhole & Valve Adjustment
§ Crack Sealing
§ Traffic Signing, Striping, & Markings
§ Pavement Markers
§ Traffic Control
§ Mobilization & Demobilization
§ Materials Testing Coordination
§ Cal/OSHA Compliance
§ Labor Compliance
§ Public Relations
§ Utility Coordination
§ Cost/Scheduling/Budgets
§ Safety & SWPPP Compliance
§ Quality Control/Quality Assurance
§ Issues Management

ATTACHMENT 2
165

Mr. Hernandez is a certified public works inspector with more than 25 years of construction management and inspection experience. Mr. Hernandez’s public works inspection responsibilities include the ability to review improvement plans, inspect public impro vements construction, negotiate and administer contracts, and prepare and maintain a variety of reports.

His project experience includes street rehabilitation, parks, roadway improvements, commercial buildings, channels, ADA compliant related projects, and water/wastewater projects. He has detailed knowledge of various construction manuals, Caltrans filing system, materials inspection & certification procedure and documentation, field measurement verification, review of submittals & RFI’s, construction and removal, formwork, concrete pours, and coordination with various testing labs. Mr. Hernandez proficiently surveys, inspects and evaluates production environments to determine fulfillment of safety and security standards. Mr. Hernandez has a proven track record of meeting company and agency objectives are direct results of his cost-conscious, team-oriented, dependable and professional approach.

Relevant Project Experience

City of Torrance: Residential & Arterial Pavement Improvement Project, Torrance, CA | Senior Construction Inspector: Mr. Hernandez provided inspection for improvements including application of slurry seal, cold mill and AC overlay, clearing and grubbing, removal and disposal of existing pavement, localized pavement repairs, as well as tree removals and replacements, asphalt berm replacemen t, AC base course, concrete repairs to PCC curb, gutter, PCC sidewalk, driveway s, access and ramps. Other relevant features include adjustment of storm drains and sewer manholes to grade, reconfiguration of sewer piping, mobilization, traffic control, removal and replacement of existing traffic striping/markings and signage, and irrigation.

City of Irvine: Annual Street Rehabilitation and Slurry Seal, Irvine, CA | Senior Construction Inspector : Scope of work included asphalt pavement, cold -milling and AC overlay, pavement overlays and slurry seal application, remova

l
and replacement of concrete
improvements such as PCC sidewalks, ramps, curbs, gutters, and driveways, as well as adjustment of manhole and utility covers to grade.

Inspected tasks included adjusting a survey monument, water valve, sewer cleanout and manhole frames and co vers to grade and installation of striping and pavement markings, providing public notifications and traffic control. Mr. Hernandez provided full

-
time
inspection services

,
prepared monthly cost progress reports and contract change orders, prepared punch -li

sts for contractor, and
coordinated with agency sub

-
consultants and utilities.

City of La Mirada: La Mirada Boulevard & Imperial Highway Improvements, La Mirada, CA | Senior Construction Inspector: This project involved street maintenance and rehabilitation, replacement of sidewalks, curb & gutters, driveway approaches, ADA curb ramps, .

Responsibilities inclu

de
review and enforce the contractor’s proposed construction schedule; require, monitor and document compliance with the contract and specifications, SWPPP compliance, review of submittals , and confirm compliance of materials delivered, and attend weekly progress meetings.

City of Fullerton: Longview Drive Water/Sewer Main Replacement and Stree

t Improvements, Fullerton, CA
| Senior Construction
Inspector: Inspection of water, sewer and street rehabilitation project. The project included replacing 2500 linear feet of 8 -inch DIP water main and appurtenances, 2500 linear feet of 8-inch VCP, PVC SDR 26 sewer main, new manholes and storm drains, removing and replacing existing sewer and video inspection and abandoning existing water mains and valves. Street and drainage improvement work included cold planning, excavation, asphalt concrete, aggregate base, curb and gutter, access ramps, driveway approach and sidewalk

.

Noah Hernandez, Cert. Public Works Inspector
Senior Construction Inspector
Relevant Key Highlights:
§ Construction Management
§ Construction Inspection
§ Project Management
§ Constructability Reviews
§ Value Engineering
§ Submittal Reviews
§ Request for Information Review
§ Progress Billing Review
§ Change Order Review
§ Capital Improvement Projects
§ Street Maintenance
§ Street Rehabilitation
§ Street Resurfacing
§ Slurry Seal
§ Curb & Gutters
§ Sidewalks
§ Driveway Approaches
§ Spandrels

§ Cross Gutters
§ ADA Curb Ramps
§ Pavement Reconstruction
§ Milling & Overlay
§ Manhole & Valve Adjustment
§ Crack Sealing
§ Traffic Signing, Striping, & Markings
§ Pavement Markers
§ Traffic Control
§ Mobilization & Demobilization
§ Materials Testing Coordination
§ Cal/OSHA Compliance
§ Labor Compliance
§ Public Relations
§ Utility Coordination
§ Cost/Scheduling/Budgets
§ Safety & SWPPP Compliance
§ Quality Control/Quality Assurance
§ Issues Management

EDUCATION
» Public Works Construction
Inspection – Santiago Canyon
College
» Water Distribution System
Operation and Maintenance,
California State University,
Sacramento
» Liberal Arts, Fullerton College

» Construction Inspection of Traffic
Signals – University of California
Institute of Transportation
Studies

» Quality of Hot Mix Asphalt
Pavement Construction
Certification – Asphalt Institute
» Underground Safety Certification
– City of Fullerton

ATTACHMENT 2
166

Ms. Duhn has extensive experience in project management, project engineering, labor compliance, document control, office engineering, program management, construction management, and field inspections of street improvement projects. She has thorough knowledge of labor compliance and office engineering from her work on numerous street improvement projects, bridge, rail, grade separations, water and wastewater projects, and interchange projects. These are great testaments of Ms. Duhn’ managerial and oversight project experience. She gained tremendous experience in the design, operations, and maintenance by working closel y with various stakeholders. Ms. Duhn has thorough knowledge of submittals, RFIs, and CCO review, project filing, daily reporting, quantity tracking, and

project
coordination. She
is experienced in developing and maintaining project files, processing progr ess payments, and maintaining various logs, including submittals, RFIs, and correspondences. She is proficient with various construction computer software.

Relevant Project Experience

City of Alhambra: FY 19-20 and FY 20

-
21 SB1 Street Rehabilitation Project, Alhambra, CA | Project Manager/Project Engineer: Pavement improvements include slurry seal treatment, varying depths of cold milling and overlay, and full depth removal and reconstruction. The project also includes concre

te improvements such as removal and replacement of broken and off -grade sidewalk, ADA ramps that need
updating, broken and off-grade curb and gutter, driveway aprons in need of repairs, and concrete cross gutter reconstruction.

City of Compton: Annual Residential Street Rehabilitation Project (Phases 1 and 2A

)
, Compton, CA | Project Manager/Project Engineer:

This project included street rehabilitation of seven major City streets. Scope included full-service construction management, reviewing traffic control plans, meetings, scheduling, cost control, staging coordination, labor compliance, reviewing RFIs and Submittals, change orders, quality control/inspection, public relations, permits/environmental compliance, progress payments, monthly staff reports, site safety, as-builts drawings, final walkthrough, and project completion reports. Ms. Duhn met with city staff prior to beginning of work and periodically at various stages of construciton, verified all requirements in accordance with contract documents, and collected and reviewed reports generated from the contractor’s payroll office.

City of San Bernardino: Street Rehabilitation Program (30+ Major Streets), San Bernardino, CA | Project Manager/Project Engineer: This long-term, on-call contract involves concrete improvements and pavement improvements of over 30

major streets in the City of San
Bernardino. The contract

also includes the rehabilitation and resurfacing of various street s and intersections

. Scope of work includes
full depth removal and replacement of asphalt concrete, cold milling and overlay of existing asphalt concrete, mobilization, traffic control, staging for major streets and intersections, removal of traffic striping, installation of traffic striping and pavement markers, installation of loop detectors and bicycle loop detectors, construction of cross walks, removal and replacement of sidewalk, driveways, PCC cur

b and gutter, cross gutters, spandrels, curb ramps along both residential and commercial streets, manhole and utility vault
adjustments, and

preparation of SWPPP and erosion control plans.

City of Torrance: Residential and Arterial Pavement Improvement, I-159/I-139, Torrance, CA | Project Manager/Project Engineer: This project involves

pavement improvements to a residential neighborhood and four arterial streets. Improvements include clearing and grubbing, application of slurry seal, cold mill and AC overlay, removal and disposal of existing pavement, localized pavement repairs, as well as tree removals and replacements, asphalt berm replacement, AC base course, concrete repairs to PCC curb, gutter, PCC sidewalk, PCC driveways and driveways approaches, access ramps, replacement of pavement markings and striping on concrete and asphalt, and installation of raised pavement markers and city project signs. Ms. Duhn coordinated meetings with City staff, performed docu ment control procedures, and reviewed contractor’s payroll reports.

EDUCATION
» BSCE – Civil Engineering
California State Polytechnic
University, Pomona

LICENSES & REGISTRATION
» Professional Engineer,

P.E. State of
California, #91078
» SWPPP (QSD) & (QSP)

Certificate # 22055

» OSHA 30 Hour

Brittany Duhn, PE , QSD/QSP

Project Manager/Project Engineer
Relevant Key Highlights:
§ Construction Management
§ Construction Inspection
§ Project Management
§ Constructability Reviews
§ Value Engineering
§ Submittal Reviews
§ Request for Information Review
§ Progress Billing Review
§ Change Order Review
§ Capital Improvement Projects
§ Street Maintenance
§ Street Rehabilitation
§ Street Resurfacing
§ Slurry Seal
§ Curb & Gutters
§ Sidewalks
§ Driveway Approaches
§ Spandrels

§ Cross Gutters
§ ADA Curb Ramps
§ Pavement Reconstruction
§ Milling & Overlay
§ Manhole & Valve Adjustment
§ Crack Sealing
§ Traffic Signing, Striping, & Markings
§ Pavement Markers
§ Traffic Control
§ Mobilization & Demobilization
§ Materials Testing Coordination
§ Cal/OSHA Compliance
§ Labor Compliance
§ Public Relations
§ Utility Coordination
§ Cost/Scheduling/Budgets
§ Safety & SWPPP Compliance
§ Quality Control/Quality Assurance
§ Issues Management

ATTACHMENT 2
167

APPENDIX B. ADDENDUM

ACKNOWLEDGMENT

OCTOBER 8 , 202 1

ATTACHMENT 2
168
Crystal Fraire, PE, President
Z&K Consultants, Inc.

ATTACHMENT 2
169

EXHIBIT C

FEE SCHEDULE

ATTACHMENT 2
170

December 8, 2021
Cristina Oquendo, Assistant Engineer
City of Costa Mesa, Public Services Department/Engineering Division 77 Fair Drive, Costa Mesa, CA 92628
Subject: Revised Request for Proposal for Project and Construction Management and Inspection Services (Non - Federal Aid Project) for the Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project, No. 21-03 Dear Ms. Oquendo,

Z&K Consultants Inc . ( Z&K ) proudly presents our cost proposal for Project and Construction Management and Inspection Services (Non- Federal Aid Project) for the Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project, No. 21-03

. Our not
-to-exceed
fee for

Project and
Construction Management and Inspection Services is $299,608 .00.

Z&K Consultants based our cost proposal on the scope of work provided in the Request for Proposals. All prevailing wage requirements will be followed by the team. All team members are in conformance with the State of California Labor compliance requirements.

Rates
included in our Cost Proposal are fully billable rates. All overhead costs are included. All insurance will be in force at the time of contract execution. Z&K has carefully selected this "A-Team" and committed our most qualified staff for the duration of the contract to deliver a successful project. We understand the importance of meeting budgets and schedules; we have a strategic plan in place to deliv er projects with such benchmarks in mind.

Z&K Consultants, Inc Hourly Rates:

Project Manager/Construction Manager .............................................................................................................................. $15 7 .00 Project Manager/Project Engineer .......................................................................................................................................

$137

.00

Senior Construction Inspector ..............................................................................................................................................

$145

.00

Construction Inspector ..........................................................................................................................................................

$140.00

Material Testing Services (Converse Consultants) ..............................................................................................................

Attached

I will serve as the contact person for the full duration on the contract and I am authorized to bind the firm to the terms of the proposal.

By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. The payment terms shall be net thirty (30) days. We are excited about this opportunity to serve the City of Costa Mesa and are committed to the successful completion the City’s important project.

NOT- TO - EXCEED FEE SCHEDULE
Task/ Classification
Construction
Manager
(Hrs)
Project
Manager /
Project
Engineer
(Hrs)
Senior
Construction
Inspector
(Hrs)
Construction
Inspector
(Hrs)
Material
Testing
Services -
Converse
Consultants
Total Cost
Hourly Rate $ 15 7 .00 $137.00 $145 .00 $140 .00 - - Pre-Construction Services 10 40 40 20 - $15,650.00
Project Management/
Construction Management 64 480 0 0 - $75,808.00
Construction Inspection 0 0 640 640 - $182,400.00
Project Closeout 10 40 40 20 - $15,650.00
Material Testing Services 0 0 0 0 $10,100 .00 $10,100.00 TOTAL $13,188.00 $76,720.00 $104,400 .00 $95,200.00 $10 , 100.00 $299,608.00

The not-to-exceed fee amount is based on 80 working days. Any additional services needed beyond the contract scope of work shall require prior approval from the City. Our proposed and fully committed team is fully capable and exceptionally qualified. They have held many leadership roles and supervisory management positions in many local agencies including the private and public sectors. All can multi-task, are multi-disciplined, and have a full understanding of all aspects of the proposed project requiremen

ts.

Sincerely,

Crystal Fraire, PE, President
Z&K Consultants Inc.
473 E. Carnegie Drive | Suite 200 | San Bernardino, CA 92400 951.310.7470 | [email protected]
ATTACHMENT 2
171

EXHIBIT D

CITY COUNCIL POLICY 100-5

ATTACHMENT 2
172

CITY OF COSTA MESA , CALIFORNIA

COUNCIL POLICY

BACKGROUND

Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug

-
free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City

-
wide D.A.R.E. program in all local schools and
other activities in support of a drug -free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.

PURPOSE

It is the purpose of this Policy to:

1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.

2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.

POLICY

The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.

1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:

A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub -grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;

B. Establishing a Drug-Free Awareness Program to inform employees about:

SUBJECT

DRUG - FREE WORKPLACE
POLICY
NUMBER
100

-5

EFFECTIVE
DATE
8-8-89

PAGE

1 of 3

ATTACHMENT 2
173

SUBJECT

DRUG - FREE WORKPLACE
POLICY
NUMBER

100

-5

EFFECTIVE
DATE

8-8-89

PAGE

2 of 3

1. The

dangers of drug abuse in the workplace;

2. Contractor’s and/or sub-grantee’s policy of maintaining a drug

-
free workplace;

3. Any available drug counseling, rehabilitation and employee assistance programs; and

4. The penalties that may be imposed upon employees f or drug abuse violations occurring in the workplace;

C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;

D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:

1. Abide by the terms of the statement; and

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;

E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;

F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:

1. Taking appropriate personnel action against such an employee, up to and including termination; or

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency;

ATTACHMENT 2
174

SUBJECT

DRUG - FREE WORKPLACE
POLICY
NUMBER

100

-5

EFFECTIVE
DATE

8-8-89

PAGE

3 of 3

G. Making a good faith effort to maintain a drug

-
free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.

2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:

a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above;

b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above;

c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the c

ontractor and/or sub

-
grantee has failed to make a good faith
effort to provide a drug-free workplace.

3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub

-
grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.

ATTACHMENT 2
175
ATTACHMENT 3
176
ATTACHMENT 3
177
ATTACHMENT 3
178
ATTACHMENT 3
179
City
CORONA
ORANGE

SANTA FE SPRINGS

LAKE FOREST

LONG BEACH

ENGINEER'S ESTIMATE
CITY PROJECT NO. 21-03
$3,122,805.00

CITY OF COSTA MESA

PUBLIC SERVICES DEPARTMENT

CITYWIDE PARKWAY MAINTENANCE, STREET REHABILITATION, AND SLURRY SEAL PROJECT BID OPENING RESULTS: AUGUST 5, 2021
AVERAGE $2,917,709.00
Bidder

4. HARDY & HARPER
INC.

5. PALP. INC DBA

EXCEL PAVING

COMPANY

1. ALL AMERICAN

ASPHALT

2. R.J. NOBLE

COMPANY

3. SEQUEL

CONTRACTORS, INC
$3,394,525.00
Total Base Bid
$2,698,061.00
$2,794,665.00
$2,826,294.00
$2,875,000.00
ATTACHMENT 4
180

CITY OF COSTA MESA

PUBLIC SERVICES DEPARTMENT

CITYWIDE PARKWAY MAINTENANCE, STREET REHABILITATION, AND SLURRY SEAL PROJECT CITY PROJECT NO. 21-03
BID OPENING DATE: AUGUST 5, 2021

CITY ESTIMATE

UNIT UNIT UNIT UNIT
NO. DESCRIPTION PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 1 LS Mobilization and Project Scheduling $75,000.00 $75,000.00 $154,382.00 $154,382.00 $150,000.00 $150,000.00 $146,000.00 $146,000.00 $76,675.00 $76,675.00 2 1 FA Additional Work Items $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 3 1 LS Temporary Traffic Control $75,000.00 $75,000.00 $51,700.00 $51,700.00 $110,000.00 $110,000.00 $206,699.00 $206,699.00 $100,000.00 $100,000.00 4 1 LS Install Lane Markings, Striping Pavement Legends, and Raised Pavement Markers (RPM) $75,000.00 $75,000.00 $41,000.00 $41,000.00 $27,000.00 $27,000.00 $27,000.00 $27,000.00 $40,000.00 $40,000.00 4A 1 LS
Install Lane Markings, Striping Pavement Legends,
and Raised Pavement Markers (RPM) along Placentia
Avenue (from Adams Ave. to Wilson St.). Striping and
marking plans to be submitted to contractor after
contract award.
$35,000.00 $35,000.00 $64,200.00 $64,200.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $65,000.00 $65,000.00 5 11,500 S.F. Remove & Reconstruct Concrete Sidewalk (4-inch Concrete over 4-inch C.M.B.) including ADA ramps $15.20 $174,800.00 $10.50 $120,750.00 $12.50 $143,750.00 $15.00 $172,500.00 $16.00 $184,000.00 6 5,500 L.F. Remove Existing and Reconstruct C-6 Curb & Gutter over 6" CMB with 2' A.C. Slot Pave $75.00 $412,500.00 $70.00 $385,000.00 $77.00 $423,500.00 $60.00 $330,000.00 $63.00 $346,500.00 7 550 L.F. Remove Existing and Reconstruct C-8 Curb & Gutter over 6" CMB with 2' A.C. Slot Pave $80.00 $44,000.00 $61.00 $33,550.00 $83.00 $45,650.00 $61.00 $33,550.00 $73.00 $40,150.00 8 2,600 S.F.

Remove & Reconstruct P.C.C. Cross-Gutter,
Spandrel, Local Depression, and P.C.C. Pad (8"
Concrete over 8" inch C.M.B) with 3' A.C. Slot Pave
$32.00 $83,200.00 $24.50 $63,700.00 $27.00 $70,200.00 $25.00 $65,000.00 $45.00 $117,000.00 9 650 S.F. Remove Existing and Reconstruct P.C.C. Driveway Approach (6-inch Concrete over 6-inch C.M.B.) $22.00 $14,300.00 $15.75 $10,237.50 $23.00 $14,950.00 $18.00 $11,700.00 $20.00 $13,000.00 9A 1,000 S.F.

Remove Existing Asphalt Concrete (A.C.) Driveway
and Reconstruct New P.C.C. Driveway Approach (6-
inch Concrete over 6-inch C.M.B) at 1801 Whittier
Ave. (actual location along W. 18th St.) per City
Engineer
$22.00 $22,000.00 $14.50 $14,500.00 $23.00 $23,000.00 $18.00 $18,000.00 $20.00 $20,000.00 10 55 TONS Remove & Reconstruct Miscellaneous AC Pavement $200.00 $11,000.00 $133.50 $7,342.50 $300.00 $16,500.00 $155.00 $8,525.00 $350.00 $19,250.00 11 120 L.F. Paint Curb Existing Color $5.00 $600.00 $3.05 $366.00 $3.00 $360.00 $4.00 $480.00 $5.00 $600.00 12 700 L.F. Root Prune and Install Root Barrier $43.00 $30,100.00 $65.00 $45,500.00 $42.00 $29,400.00 $16.00 $11,200.00 $70.00 $49,000.00 13 16 EA Install Truncated Domes (ADA ramps) $1,000.00 $16,000.00 $793.00 $12,688.00 $1,300.00 $20,800.00 $600.00 $9,600.00 $1,250.00 $20,000.00 14 265,000 S.F. Cold Mill (2-inch Minimum Depth) $0.29 $76,850.00 $0.22 $58,300.00 $0.23 $60,950.00 $0.23 $60,950.00 $0.24 $63,600.00 15 1,100 TONS Remove & Reconstruct Asphalt Concrete (A.C.) 6-inch Minimum Depth, including Excavation $150.00 $165,000.00 $133.50 $146,850.00 $170.00 $187,000.00 $130.00 $143,000.00 $150.00 $165,000.00 16 1,320 TONS Type "B" Asphalt Concrete (A.C.) Base Course (Paving Machine) $120.00 $158,400.00 $70.50 $93,060.00 $65.00 $85,800.00 $79.00 $104,280.00 $95.00 $125,400.00 17 1,100 TONS Type "D" Asphalt Concrete (A.C.) Leveling Course (Paving Machine) $147.00 $161,700.00 $73.50 $80,850.00 $72.00 $79,200.00 $97.00 $106,700.00 $95.00 $104,500.00 18 9,700 TONS Type "C" Asphalt Concrete (A.C.) Overlay (Paving Machine) - Surface Course $93.00 $902,100.00 $70.50 $683,850.00 $76.00 $737,200.00 $79.00 $766,300.00 $75.00 $727,500.00 19 16,500 S.F. Install "Mirafi® 600X" Subgrade Fabric or Approved Equal $0.50 $8,250.00 $0.40 $6,600.00 $0.37 $6,105.00 $0.20 $3,300.00 $0.45 $7,425.00 20 167,000 S.F. Install "PETROMAT®" Fabric or Approved Equal $0.30 $50,100.00 $0.25 $41,750.00 $0.10 $16,700.00 $0.15 $25,050.00 $0.20 $33,400.00 21 80 EA Install Blue Raised Pavement Markers (BRPM) $27.00 $2,160.00 $20.00 $1,600.00 $20.00 $1,600.00 $12.00 $960.00 $25.00 $2,000.00 22 50 EA Adjust and Reset Existing Survey Monuments and Ties by California Licensed Land Surveyor $775.00 $38,750.00 $475.00 $23,750.00 $1,000.00 $50,000.00 $500.00 $25,000.00 $500.00 $25,000.00 23 85 EA Adjust Manhole Covers to Grade $991.00 $84,235.00 $1,060.00 $90,100.00 $500.00 $42,500.00 $900.00 $76,500.00 $1,000.00 $85,000.00 24 65 EA Adjust Water Valves to Grade $704.00 $45,760.00 $405.00 $26,325.00 $500.00 $32,500.00 $800.00 $52,000.00 $1,000.00 $65,000.00 25 1,000 ELT Slurry Seal Type II with 2.5% Latex $225.00 $225,000.00 $269.00 $269,000.00 $230.00 $230,000.00 $222.00 $222,000.00 $230.00 $230,000.00 26 1 LS Crack Seal $36,000.00 $36,000.00 $71,110.00 $71,110.00 $55,000.00 $55,000.00 $65,000.00 $65,000.00 $50,000.00 $50,000.00 PROJECT BASE BID TOTAL: $3,122,805.00 $2,698,061.00 $2,794,665.00 $2,826,294.00 $2,875,000.00 BID

BASE BID CORONA ORANGE

1. ALL AMERICAN ASPHALT 3. SEQUEL CONTRACTORS,
INC2. R.J. NOBLE COMPANY 4. HARDY & HARPER INC.

LAKE FOREST

QUANTITY

SANTA FE SPRINGS
PAGE 2 OF 4
ATTACHMENT 4 181

CITY OF COSTA MESA

PUBLIC SERVICES DEPARTMENT

CITYWIDE PARKWAY MAINTENANCE, STREET REHABILITATION, AND SLURRY SEAL PROJECT CITY PROJECT NO. 21-03
BID OPENING DATE: AUGUST 5, 2021

CITY ESTIMATE

UNIT UNIT UNIT UNIT UNIT
NO. DESCRIPTION PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL B1 37,400 S.F. Cold mill (2" Depth) $0.21 $7,854.00 $0.94 $35,156.00 $0.50 $18,700.00 $0.22 $8,228.00 $0.30 $11,220.00 B2 452 TON 2" Asphalt Concrete (A.C.) overlay Pavement (ARHM) $85.00 $38,420.00 $171.00 $77,292.00 $115.00 $51,980.00 $134.00 $60,568.00 $110.00 $49,720.00 B3 3 EA Adjust Water Valves to Grade $339.00 $1,017.00 $1,025.00 $3,075.00 $1,000.00 $3,000.00 $850.00 $2,550.00 $1,000.00 $3,000.00 B4 3 EA Install Blue Raised Pavement Markers (BRPM) $25.00 $75.00 $20.50 $61.50 $20.00 $60.00 $20.00 $60.00 $25.00 $75.00 B5 6 EA Install Type "D" Traffic Signal Loops $479.00 $2,874.00 $364.00 $2,184.00 $375.00 $2,250.00 $400.00 $2,400.00 $400.00 $2,400.00 B6 10 EA Install Type "E" Traffic Signal Loops $450.00 $4,500.00 $338.00 $3,380.00 $350.00 $3,500.00 $400.00 $4,000.00 $400.00 $4,000.00 B7 1 LS Install Lane Markings, Striping, Pavement Legends, and Raised Pavement Markers (RPM) $2,000.00 $2,000.00 $8,792.00 $8,792.00 $5,700.00 $5,700.00 $5,500.00 $5,500.00 $4,585.00 $4,585.00 C1 2,970 S.F.

Remove Existing and Construct New Concrete
Sidewalk [4-inch Concrete over 4-inch Crushed
Miscellaneous Base (C.M.B.)]
$15.00 $44,550.00 $12.50 $37,125.00 $12.50 $37,125.00 $15.00 $44,550.00 $11.00 $32,670.00 C2 240 L.F.

Remove Existing and Reconstruct C-8 Curb & Gutter
over 6" Crushed Miscellaneous Base (C.M.B.) with 2-
foot Asphalt Concrete (A.C.) slot pave
$75.00 $18,000.00 $122.00 $29,280.00 $83.00 $19,920.00 $61.00 $14,640.00 $75.00 $18,000.00 C3 1,295 S.F. Remove Existing and Reconstruct P.C.C. Driveway Approach per Costa Mesa Std. Plan 513 $20.00 $25,900.00 $18.75 $24,281.25 $23.00 $29,785.00 $18.00 $23,310.00 $17.00 $22,015.00 C4 30 L.F. Paint Curb Existing Color $5.00 $150.00 $3.10 $93.00 $3.00 $90.00 $10.00 $300.00 $5.00 $150.00 C5 6 EA Install Truncated Domes $1,000.00 $6,000.00 $963.00 $5,778.00 $1,300.00 $7,800.00 $600.00 $3,600.00 $1,177.50 $7,065.00 C6 380 L.F. Remove Existing and Construct Retaining Wall Variable Height (4ft max) $120.00 $45,600.00 $351.00 $133,380.00 $105.00 $39,900.00 $200.00 $76,000.00 $245.00 $93,100.00 C7 1 FA Removal and/or Restoration of existing improvements (fences, planters, parkway concrete, landscaping) $7,000.00 $7,000.00 $7,000.00 $7,000.00 $7,000.00 $7,000.00 $7,000.00 $7,000.00 $7,000.00 $7,000.00 TOTAL ADDITIVE BID: $203,940.00 $366,877.75 $226,810.00 $252,706.00 $255,000.00 PROJECT BASE BID + ADDITIVE BID TOTAL: $3,326,745.00 $3,064,938.75 $3,021,475.00 $3,079,000.00 $3,130,000.00 BID

1. ALL AMERICAN ASPHALT

QUANTITY

ADDITIVE BID ITEMS ORANGECORONA

2. R.J. NOBLE COMPANY 3. SEQUEL CONTRACTORS,
INC

SANTA FE SPRINGS LAKE FOREST

4. HARDY & HARPER INC.

PAGE 3 OF 4
ATTACHMENT 4 182

CITY OF COSTA MESA

PUBLIC SERVICES DEPARTMENT

CITYWIDE PARKWAY MAINTENANCE, STREET REHABILITATION, AND SLURRY SEAL PROJECT CITY PROJECT NO. 21-03
BID OPENING DATE: AUGUST 5, 2021

CITY ESTIMATE

UNIT UNIT
NO. DESCRIPTION PRICE TOTAL PRICE TOTAL PRICE TOTAL
1 1 LS Mobilization and Project Scheduling $75,000.00 $75,000.00 $326,000.00 $326,000.00 $170,611.40 $170,611.40 2 1 FA Additional Work Items $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 3 1 LS Temporary Traffic Control $75,000.00 $75,000.00 $168,000.00 $168,000.00 $127,279.80 $127,279.80 4 1 LS Install Lane Markings, Striping Pavement Legends, and Raised Pavement Markers (RPM) $75,000.00 $75,000.00 $27,000.00 $27,000.00 $32,400.00 $32,400.00 4A 1 LS Install Lane Markings, Striping Pavement Legends, and Raised Pavement Markers (RPM) along Placentia $35,000.00 $35,000.00 $35,000.00 $35,000.00 $46,840.00 $46,840.00 5 11,500 S.F. Remove & Reconstruct Concrete Sidewalk (4-inch Concrete over 4-inch C.M.B.) including ADA ramps $15.20 $174,800.00 $18.00 $207,000.00 $14.40 $165,600.00 6 5,500 L.F. Remove Existing and Reconstruct C-6 Curb & Gutter over 6" CMB with 2' A.C. Slot Pave $75.00 $412,500.00 $99.00 $544,500.00 $73.80 $405,900.00 7 550 L.F. Remove Existing and Reconstruct C-8 Curb & Gutter over 6" CMB with 2' A.C. Slot Pave $80.00 $44,000.00 $100.00 $55,000.00 $75.60 $41,580.00 8 2,600 S.F. Remove & Reconstruct P.C.C. Cross-Gutter,
Spandrel, Local Depression, and P.C.C. Pad (8" $32.00 $83,200.00 $30.00 $78,000.00 $30.30 $78,780.00 9 650 S.F. Remove Existing and Reconstruct P.C.C. Driveway Approach (6-inch Concrete over 6-inch C.M.B.) $22.00 $14,300.00 $23.00 $14,950.00 $19.95 $12,967.50 9A 1,000 S.F. Remove Existing Asphalt Concrete (A.C.) Driveway and Reconstruct New P.C.C. Driveway Approach (6- $22.00 $22,000.00 $22.00 $22,000.00 $19.50 $19,500.00 10 55 TONS Remove & Reconstruct Miscellaneous AC Pavement $200.00 $11,000.00 $450.00 $24,750.00 $277.70 $15,273.50 11 120 L.F. Paint Curb Existing Color $5.00 $600.00 $3.00 $360.00 $3.61 $433.20 12 700 L.F. Root Prune and Install Root Barrier $43.00 $30,100.00 $65.00 $45,500.00 $51.60 $36,120.00 13 16 EA Install Truncated Domes (ADA ramps) $1,000.00 $16,000.00 $525.00 $8,400.00 $893.60 $14,297.60 14 265,000 S.F. Cold Mill (2-inch Minimum Depth) $0.29 $76,850.00 $0.22 $58,300.00 $0.23 $60,420.00 15 1,100 TONS Remove & Reconstruct Asphalt Concrete (A.C.) 6-inch Minimum Depth, including Excavation $150.00 $165,000.00 $235.00 $258,500.00 $163.70 $180,070.00 16 1,320 TONS Type "B" Asphalt Concrete (A.C.) Base Course (Paving Machine) $120.00 $158,400.00 $89.00 $117,480.00 $79.70 $105,204.00 17 1,100 TONS Type "D" Asphalt Concrete (A.C.) Leveling Course (Paving Machine) $147.00 $161,700.00 $97.00 $106,700.00 $86.90 $95,590.00 18 9,700 TONS Type "C" Asphalt Concrete (A.C.) Overlay (Paving Machine) - Surface Course $93.00 $902,100.00 $74.00 $717,800.00 $74.90 $726,530.00 19 16,500 S.F. Install "Mirafi® 600X" Subgrade Fabric or Approved Equal $0.50 $8,250.00 $0.89 $14,685.00 $0.46 $7,623.00
20 167,000 S.F. Install "PETROMAT®" Fabric or Approved Equal $0.30 $50,100.00 $0.25 $41,750.00 $0.19 $31,730.00 21 80 EA Install Blue Raised Pavement Markers (BRPM) $27.00 $2,160.00 $20.00 $1,600.00 $19.40 $1,552.00 22 50 EA Adjust and Reset Existing Survey Monuments and Ties by California Licensed Land Surveyor $775.00 $38,750.00 $975.00 $48,750.00 $690.00 $34,500.00 23 85 EA Adjust Manhole Covers to Grade $991.00 $84,235.00 $700.00 $59,500.00 $832.00 $70,720.00 24 65 EA Adjust Water Valves to Grade $704.00 $45,760.00 $600.00 $39,000.00 $661.00 $42,965.00 25 1,000 ELT Slurry Seal Type II with 2.5% Latex $225.00 $225,000.00 $222.00 $222,000.00 $234.60 $234,600.00 26 1 LS Crack Seal $36,000.00 $36,000.00 $52,000.00 $52,000.00 $58,622.00 $58,622.00 PROJECT BASE BID TOTAL: $3,122,805.00 $3,394,525.00 $2,917,709.00 BID

QUANTITY

BASE BID LONG BEACH

5. PALP. INC DBA EXCEL

PAVING COMPANY AVERAGE
PAGE 4 OF 4
ATTACHMENT 4 183

CITY OF COSTA MESA

PUBLIC SERVICES DEPARTMENT

CITYWIDE PARKWAY MAINTENANCE, STREET REHABILITATION, AND SLURRY SEAL PROJECT CITY PROJECT NO. 21-03
BID OPENING DATE: AUGUST 5, 2021

CITY ESTIMATE

UNIT UNIT UNIT
NO. DESCRIPTION PRICE TOTAL PRICE TOTAL PRICE TOTAL
B1 37,400 S.F. Cold mill (2" Depth) $0.21 $7,854.00 $1.00 $37,400.00 $0.59 $22,140.80 B2 452 TON 2" Asphalt Concrete (A.C.) overlay Pavement (ARHM) $85.00 $38,420.00 $158.00 $71,416.00 $137.60 $62,195.20 B3 3 EA Adjust Water Valves to Grade $339.00 $1,017.00 $950.00 $2,850.00 $965.00 $2,895.00 B4 3 EA Install Blue Raised Pavement Markers (BRPM) $25.00 $75.00 $48.00 $144.00 $26.70 $80.10 B5 6 EA Install Type "D" Traffic Signal Loops $479.00 $2,874.00 $450.00 $2,700.00 $397.80 $2,386.80 B6 10 EA Install Type "E" Traffic Signal Loops $450.00 $4,500.00 $420.00 $4,200.00 $381.60 $3,816.00 B7 1 LS Install Lane Markings, Striping, Pavement Legends, and Raised Pavement Markers (RPM) $2,000.00 $2,000.00 $9,000.00 $9,000.00 $6,715.40 $6,715.40 C1 2,970 S.F. Remove Existing and Construct New Concrete Sidewalk [4-inch Concrete over 4-inch Crushed $15.00 $44,550.00 $21.00 $62,370.00 $14.40 $42,768.00 C2 240 L.F. Remove Existing and Reconstruct C-8 Curb & Gutter over 6" Crushed Miscellaneous Base (C.M.B.) with 2- $75.00 $18,000.00 $145.00 $34,800.00 $97.20 $23,328.00 C3 1,295 S.F. Remove Existing and Reconstruct P.C.C. Driveway Approach per Costa Mesa Std. Plan 513 $20.00 $25,900.00 $30.00 $38,850.00 $21.35 $27,648.25 C4 30 L.F. Paint Curb Existing Color $5.00 $150.00 $6.00 $180.00 $5.42 $162.60 C5 6 EA Install Truncated Domes $1,000.00 $6,000.00 $950.00 $5,700.00 $998.10 $5,988.60 C6 380 L.F. Remove Existing and Construct Retaining Wall Variable Height (4ft max) $120.00 $45,600.00 $253.00 $96,140.00 $230.80 $87,704.00 C7 1 FA Removal and/or Restoration of existing improvements (fences, planters, parkway concrete, landscaping) $7,000.00 $7,000.00 $7,000.00 $7,000.00 $7,000.00 $7,000.00 TOTAL ADDITIVE BID: $203,940.00 $372,750.00 $294,828.75 PROJECT BASE BID + ADDITIVE BID TOTAL: $3,326,745.00 $3,767,275.00 $3,212,537.75

QUANTITY

AVERAGE

ADDITIVE BID ITEMS LONG BEACH
BID

5. PALP. INC DBA EXCEL

PAVING COMPANY
PAGE 5 OF 4
ATTACHMENT 4 184
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 21-521 Meeting Date: 2/1/2022
TITLE:

POLICE DEPARTMENT RANGE REMODEL AND UPGRADES PROJECT
DEPARTMENT: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER (714) 754-5633 RECOMMENDATION:

Staff recommends the City Council:

1. Approve Amendment No. 1 (Attachment 1) to Gillis & Panichapan Architects (GPa) in order to authorize an additional $38,413 for architectural design services related to Americans with Disabilities Act (ADA) upgrades for the Police Department Range Remodel and Upgrades Project; and

2. Authorize the City Manager and City Clerk to execute Amendment No. 1 to the original Professional Services Agreement (PSA) for GPa and future amendments to the PSA within Council authorized limits.

BACKGROUND:

The Police Department facility was originally built in the late 1960’s,and during the late 1990's, the building was upgraded with seismic retrofits and additional workspaces. Previously, only minor upgrades were made to the range located in the basement. The current technology and operating systems in the range are outdated and in need of repair. The scope of the project is to improve the lighting, replace antiquated equipment, improve the protective baffling and sound proofing, address the range's electrical controls, repair the heating and ventilation, improve the existing inadequate ammunition storage facility and enhance compliance with current 911 training requirements. Once completed, the improvements will allow the Police Department to meet the mandates and training needs in the most efficient manner without jeopardizing training standards or requiring staff to travel out of the area.

On January 21, 2020, the City Council awarded to Gillis & Panichapan Architects (GPa) a Professional Services Agreement (PSA) in the amount of $99,830 for the design of the upgrades to the Police Department practice range.

During the course of the design project, additional elements were deemed necessary in order to

185
File #: 21-521 Meeting Date: 2/1/2022
During the course of the design project, additional elements were deemed necessary in order to satisfy federal Americans with Disabilities Act (ADA) requirements. This additional work is to cover the expanded scope to satisfy ADA retrofitting and accessibility improvements at the Police practice range.

ANALYSIS:

GPa submitted additional work to satisfy ADA requirements for the Police Department Range Remodel and Upgrades Project (Attachment 2). The scope of these ADA upgrades are twofold:

1. ADA Assessment Report - This is to assess the facility based on the proposed renovations for any additional improvements that may be necessary to satisfy ADA accessibility requirements.

The proposed fee for this work is $2,933.

2. Architectural and Engineering Services - This is to provide design services in the form of construction documents (i.e., plans and specifications) for needed ADA improvements and retrofits. The proposed fee for this work is $35,480.

The third task noted in GPa’sfee proposal (Attachment 2) is for construction administration support at a cost of $32,000. This will be considered by staff as a separate cost item during the time of construction.

Therefore, the combined fee for the above two tasks is $38,413.

Per Purchasing guidelines, City Council approval is necessary since the requested additional amount exceeds the ten percent (10%) contingency.

ALTERNATIVES:

The alternative would be to reject Amendment No. 1 to the original PSA. Staff does not recommend this action as it will significantly delay the project.

FISCAL REVIEW:

Funding for the Police Department Range Remodel Project and Upgrades of $1.5 million is included in the FY 2021-22 Capital Improvement Fund (Fund 401) budget approved by City Council.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed the report, prepared Amendment No. 1, and approves both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

In 2021, the City Council adopted a list of goals and priorities. This project works toward achieving the following City Council goal: Strengthen the Public’s Safety and Improve the Quality of Life.

186
File #: 21-521 Meeting Date: 2/1/2022
CONCLUSION:

Staff recommends the City Council:

1. Approve Amendment No. 1 (Attachment 1) to Gillis & Panichapan Architects (GPa) in order to authorize an additional $38,413 for architectural design services related to Americans with Disabilities Act (ADA) upgrades for the Police Department Range Remodel and Upgrades Project; and

2. Authorize the City Manager and City Clerk to execute Amendment No. 1 to the original Professional Services Agreement (PSA) for GPa and future amendments to the PSA within Council authorized limits.

187
1 Gillis & Panichapan Architects Incorporated
Amendment One
Rev. 05-20

AMENDMENT NUMBER ONE

TO PROFESSIONAL SERVICES AGREEMENT
WITH

GILLIS & PANICHAPAN ARCHITECTS, INCORPORATED

THIS AMENDMENT NUMBER ONE (“Amendment”) is made and entered into this 1st day of February, 2022 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and GILLIS & PANICHAPAN ARCHITECTS, INCORPORATED, a California corporation (“Consultant”).

WHEREAS, City and Consultant entered into an agreement dated January 21, 2020 for Consultant to provide professional design services and construction support services in connection with the Cost a Mesa Police Department Shooting Range Up grade Projec t, now referred to as the Police Department Range Remodel and Upgrades Project (the “Agreement”); and

WHEREAS, City and Consultant desire to amend the Scope of Services to include the additional services identified as Tasks 1 and 2 in Exhibit “A,” attached hereto and incorporated herein; and

WHEREAS, City desires to increase Consultant’s maximum compensation accordingly to One Hundred Thirty-Eight Thousand Two Hundred Forty-Three Dollars ($138,243.00).

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. The Scope of Services shall be amended to include the additional services identified as Tasks 1 and 2 in Exhibit A.

2. Section 2.1 of the Agreement shall be amended to reflect that Consultant’s total compensation shall not exceed One Hundred Thirty-Eight Thousand Two Hundred Forty-Three Dollars ($138,243.00).

3. All terms not defined herein shall have the same meaning and use as set forth in the Agreement.

4. All other terms, conditions, and provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect.

5. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

[Signature page follows.]
ATTACHMENT 1
188
2 Gillis & Panichapan Architects Incorporated Amendment One Rev. 05-20 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first written above. CITY OF COSTA MESA ________________________________ Date: __________________________ City Manager CONSULTANT ________________________________ Date: __________________________ Longkavach Panichapan President/CEO ATTEST: ________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Date: __________________________ City Attorney APPROVED AS TO INSURANCE: ________________________________ Date: __________________________ Risk Management APPROVED AS TO CONTENT: ________________________________ Date: __________________________ Project Manager 189
3 Gillis & Panichapan Architects Incorporated Amendment One Rev. 05-20 DEPARTMENTAL APPROVAL: ________________________________ Date: __________________________ Public Services Director APPROVED AS TO PURCHASING: ________________________________ Date: __________________________ Finance Director 190

EXHIBIT A ADDITIONAL SERVICES
191
PAGE 01 OF 25

2900 bristol street G-205| costa mesa, california 92626 | P. 714.668.4260 F. 714.668.4265 | www.gparchitects.org October 19, 2021

Seung Yang, P.E.

City Engineer
City of Costa Mesa
77 Fair Dr. Costa Mesa CA 92626

Subject: City of Costa Mesa Police Firing Range: Change Order Requests for ADA and Construction Administration Support Services

Dear Seung,

We are seeking a change order request for additional work we had provided for this project, as well as additional work we anticipate to provide due to the expanded scope of work to cover ADA retrofits and accessibility improvements for the facility to accommodate the original scope of the Firing Range at the Police Station.

A. SCOPE OF WORK SUMMARY

The requested change orders for this project are based on the following three (3) tasks that provide additions and alterations to the original scope of work:

1. ADA Assessment Report: (Originally submitted 3/4/21) Provide Accessibility/ ADA Assessment Report on the the facility based as it relates to the primary proposed renovation for the Firing Range. Report illustrating existing conditions that would need upgrades and retrofits (Exhibit A)

2. A&E services for ADA retrofits: (Originally submitted 5/26/21) Provide A&E services to develop construction documents through construction support for selected ADA retrofits outlined in the Accessibility/ ADA report. (Exhibit B)

3. Supplemental Construction Administration*: (New) Construction Support Services for the expanded scope of work. (Exhibit C) *

*Regarding third task #3, we are requesting this change order for additional Construction Administration services work due partially to the expanded scope of work provided over the course of the project up to this time.

During the course of the project, there were not enough funds to cover the accessibility coordination within the existing scope. These additional services provided needed to be allocated from funds originally dedicated to future phases of the project (Including the original Construction Administration Phase) to develop solutions and conceptual schemes to address the Accessibility constraints and obstructions of the existing facility above and beyond original scope of the Firing Range. It included coordination with City Building Department and Plan check to determine the final scope and extent of the ADA retrofits.

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2900 bristol street G-205| costa mesa, california 92626 | P. 714.668.4260 F. 714.668.4265 | www.gparchitects.org

B. COMPENSATION
The following are the proposed fees for each respective tasks followed by a grand total not to excced:

1. ADA Assessment Report
$2,933 (Two Thousand Nine Hundred and Thirty-Three Dollars)

2. A&E services for ADA retrofits:
$35,480 (Thirty-Five Thousand Four Hundred and Eighty Dollars)

3. Supplemental Construction Administration:
$32,000 (Thirty-two Thousand Dollars)

GRAND TOTAL FOR ALL 3 TASKS: $70,413
(Seventy Thousand, Four Hundred and thirteen dollars)

Refer to attached Exhibits A, B, and C for additional details about each respective task.

Additional services outside the Scope of Work agreed upon shall not be performed without the authorization of the City. We have tailored our scope and subsequent fee proposal to accommodate the scope of work, realizing that there is latitude in both parameters to be discussed during the contract negotiation.

Sincerely,

Jack Panichapan, AIA, LEED AP, President, CEO
Gillis + Panichapan Architects, Inc.
193
PAGE 03 OF 25
EXHIBIT A: ADA ASSESSMENT REPORT
EXHIBIT A:

ADA ASSESSMENT REPORT
194
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EXHIBIT A: ADA ASSESSMENT REPORT
2900 bristol street G-205| costa mesa, california 92626 | P. 714.668.4260 F. 714.668.4265 | www.gparchitects.org March 4, 2021

Seung Yang, P.E.

City Engineer
City of Costa Mesa
77 Fair Dr. Costa Mesa CA 92626

Subject: City of Costa Mesa Police Firing Range: ADA Report and Assessments

Dear Seung,

The following work outlined is in response to potential ADA accessible code requirements by the City of Costa Mesa triggered by the proposed renovations for the new Firing Range located at the City’s Police Headquarters at 99 Fair Drive. Based on building code requirements, the proposed renovation would require additional building and site improvements/ verification to meet current code requirements for accessibility per section 11B-202.1 of the CBC.

We will be coordinating with the Accessibility consultant to determine the potential of retrofits required by code, and help the City determine an accessibility retrofit scope for this project to fulfill Plan Check requirements for ADA accessibility.

A. SCOPE OF WORK SUMMARY
 Provide Report illustrating existing conditions that would need accessible code upgrades (see attached consultant proposal).

B. CONSULTANTS
We will plan to utilize the following consultants:

Accessibility Consultant
Casper Development Resources, Inc
5360 Jackson Drive, Suite 114 La Mesa, Ca 91942
619.741.1080

(Please refer to attached consultant proposal)

C. COMPENSATION
We propose to furnish these services not to exceed:

$2,550 (Two Thousand Five Hundred and Fifty Dollars) includes potential consultant reimbursable and expenses
+ 15% administrative coordination ($383)

$2,933 (Two Thousand Nine Hundred and Thirty-Three Dollars)

Please see attached consultant proposal. Additional services outside the Scope of Work agreed upon shall not be performed without the authorization of the City. We have tailored our scope and subsequent fee proposal to accommodate the scope of work, realizing that there is latitude in both parameters to be discussed during the contract negotiation.

195
PAGE 05 OF 25
EXHIBIT A: ADA ASSESSMENT REPORT
2900 bristol street G-205| costa mesa, california 92626 | P. 714.668.4260 F. 714.668.4265 | www.gparchitects.org

Sincerely,

Jack Panichapan, AIA, LEED AP, President, CEO
Gillis + Panichapan Architects, Inc.
196
PAGE 09 OF 25
EXHIBIT A: ADA ASSESSMENT REPORT

EXHIBIT A - DESCRIPTION OF SERVICES
A. SERVICES
A.1 SITE EVALUATION SURVEY
Consultant shall conduct a Facility Inspection (“Inspection”)of the facility(s) listed in Exhibit “A-1” (the “Facility”). The portion of each facility included in the Inspection is limited to those areas identified in “Exhibit A-1” and as further limited by the following.

The Inspection shall, unless otherwise excepted herein, compare elements with: (i) the current new building c onstruction requirements of the Americans with Disabilities Act Accessibility Standards (the “ADAS”) and (ii) the current new building provisions of the California Building Code that exclusively and unambiguously address disabled access issues (the “CBC”).

Consultant shall only examine those features that are: (1) required to be evaluated hereunder and (2) specifically and unambiguously required to be accessible pursuant to the ADAS and CBC as Consultant understands these obligations.

Consultant shall not be responsible for any analysis in connection with fire alarms or any other alarm system or the operating condition of any telephones, assistive listening system or any other electronic device of any nature whatsoever. Consultant shall not be responsible for examining any feature or facility outside the boundary of a Facility, including without limitation, any feature in any public right-of-way. Consultant shall not be responsible to analyze any policy or procedures.

Though Consultant shall use its reasonable best efforts to locate and evaluate features required to be accessible under the ADAS and CBC, Consultant and Client agree that an occasional and/or immaterial failure to identify and/or evaluate any particular subject feature will not be deemed to be a breach of Consultant’s duties hereunder.

A.2 REPORT - (NON-CRASCA)
Consultant shall memorialize the findings of the SES in a written standardized report (“Report”).

The report is not intended to conform to the requirements of the Construction-Related Accessibility Standards Compliance Act (CRASCA, CA Civil Code 55.51–55.545).

The Report shall identify elements which do not conform to the new construction related ADAS or CBC requirement. Consultant shall include a color digital photograph of each element identified as non-conforming.

In the event that any specific area, feature or item (or portion thereof) does not reflect the relevant requirements of ADA S or CBC/DA, Consultant shall attempt to make a simple and general “recommendation.” Each recommendation comes from a standard list or possible recommendations for features similar to the feature being evaluated. The recommendation is derived from a basic cursory examination of each subject feature and 197
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EXHIBIT A: ADA ASSESSMENT REPORT

represents only one possible physical solution to bring the subject feature into comparative compliance with ADAS and CBC/DA New Construction standards.

Consultant shall deliver one electronic copy of each Report to Client in Adobe PDF format.

B. EXCLUSIONS
Consultant shall not be obligated to provide any services other than those set forth in Section A.1 and A.2, above, including, without limitation, the following:
a. Services related to the portions of the ADA dealing with employment policies, transportation issues and telecommunications. b. Analysis of the requirement of Section 504 of the Rehabilitation Act of 1973. c. Analysis of concealed or unknown conditions or characteristics of any facility or performance of destructive testing of any sort or nature. d. Analysis of survey of any facility’s compliance with applicable codes and standards (excluding Disabled Access Laws) including, but not limited to building, health, zoning, seismic and life safety codes. e. Design or construction work of any nature whatsoever. f. Any research or analysis of the permit history or construction dates of any building or facility.

C. CLIENT DUTIES REGARDING SITE EVALUATION
Client shall provide the following:
a) Client shall provide Consultant with the right to enter from time to time, property owned by the Client and/or others so Consultant may perform the Services.

D. SCHEDULE
Consultant shall perform the services outlined in A.1 & A.2 (Inspection and Report) within thirty (30) days of receiving a fully executed contract.

Consultant shall perform the services outlined in A.3 (Review of Phasing Schedule) within fourteen (14) days of receiving the schedule from Client.

E. MISCELLANEOUS
All services shall be performed by a minimum of one of the following persons:

Neal Casper
CASp-020
Expiration 9/29/2020
198
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EXHIBIT A: ADA ASSESSMENT REPORT

EXHIBIT “B” - FEE FOR SERVICES
Consultant and Client agree that Consultant shall charge a fee (the “Fee”) of$2,400.00 or the provision of Services set forth in Sections A.1, A.2 and A.3 of Exhibit “A”.

Travel Expenses (estimated at $105.00)
If Consultant utilizes their automobiles in the provision of services, mileage shall be charged at the published IRS mileage rate (currently $0.56 per mile).

Miscellaneous
Client understands and affirms that this Agreement is between Client and Consultant only and payment to Consultant by Client is not dependent upon Client’s reimbursement of Consultant’s fees, costs and expenses by any third parties whatsoever.

Unless otherwise agreed in writing, all fees and costs shall be due and payable within thirty (30) days of the date upon which they are invoiced to Client. Any sums not paid when due and payable shall accrue interest at a rate of 15% per annum until paid in full.

ADDITIONAL SERVICES
Additional services, should they be requested, including consulting time connected with Consultant’s finding, shall be billed in accordance with Exhibit C - Standard Rates. 199
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EXHIBIT A: ADA ASSESSMENT REPORT

EXHIBIT “C” - STANDARD RATES
Principal Consultant/Expert Rates
Document or Plan Review (2hr minimum): $250 per hour
Research, Investigation or Consulting (4hr minimum): $250 per hour Deposition or Sworn Testimony: $375 per hour
Associate or Administrative Rates
Document or Plan Review (Associate): $150 per hour
Research, Investigation or Consulting (Associate): $150 per hour Technical / Clerical or Administrative: $100 per hour
Consultant’s hourly rates shall be billed in ¼ hour increments.

Travel Time
Consultant shall be entitled to compensation for Travel Time while away from his office.

Travel Time will be charged to Client at Consultant’s regular hourly rate from the time of departure from Consultant’s office until the time of return (portal to portal).

Expenses – Travel-Related & Other
Client shall reimburse Consultant for all reasonable costs (including, without limitation, photocopying, parking, travel expenses, overnight delivery charges, messenger service and printing) in an amount equal to said costs plus a markup of 10%.

Travel Expenses include, but are not limited to:

1. Parking Garages, tolls & airport

2. Airfare Flights 0-2 hours - Refundable Coach
Flights 2-4 hours – Refundable Coach Plus & Wifi
Flights 4+ hours – First Class & Wifi
(Time based on total duration for day’s flight(s))

3. Hotel Business class

4. Meals Breakfast / Lunch / Dinner

5. Car Rental Intermediate class
Expenses – Use of Personal Vehicles
In the event that Consultant or staff utilizes their automobiles in connection with the provision of Services, mileage shall be charged at the standard mileage rate published by the IRS from time to time (currently $0.56 per mile).

Terms
Unless otherwise agreed in writing, all fees and costs shall be due and payable within thirty (30) days of the date upon which they are invoiced to Client. Any sums not paid when due and payable shall accrue interest at a rate of 15% per annum until paid in full.

Client understands and affirms that this Agreement is between Client and Consultant only and payment to Consultant by Client is not dependent upon Client’s reimbursement of Consultant’s fees, costs and expenses by any third parties whatsoever. 200
PAGE 13 OF 25
EXHIBIT A: ADA ASSESSMENT REPORT

EXHIBIT A-1 – FACILITIES
Costa Mesa Police Facility
99 Fair Drive
Costa Mesa, CA
Inspection limited to the path of travel serving the basement shooting range as marked on the attached plans (dotted red line) including:

1. Accessible parking near the building entrance

2. Accessible route between city sidewalk, accessible parking and the facility entrance

3. Route from facility entrance to the basement (elevator / stairs / hallways)

4. Basement toilet and shower rooms
201
PAGE 14 OF 25
EXHIBIT A: ADA ASSESSMENT REPORT
Building Entrance
202
PAGE 15 OF 25
EXHIBIT A: ADA ASSESSMENT REPORT
203
PAGE 16 OF 25
EXHIBIT A: ADA ASSESSMENT REPORT
Area of Proposed
work
204
PAGE 17 OF 25
EXHIBIT B: A&E SERVICES FOR ADA RETROFITS
EXHIBIT B:

A&E SERVICES FOR ADA RETROFITS
205
PAGE 18 OF 25
EXHIBIT B: A&E SERVICES FOR ADA RETROFITS
2900 bristol street G-205| costa mesa, california 92626 | P. 714.668.4260 F. 714.668.4265 | www.gparchitects.org May 26, 2021
Seung Yang, P.E.

City Engineer
City of Costa Mesa
77 Fair Dr. Costa Mesa CA 92626
Subject: City of Costa Mesa Police Firing Range: A&E Services for ADA Improvements Dear Seung,
The following proposal is for providing A&E services to the selected retrofits from the ADA report that has been completed in response to the proposed renovations for the new Firing Range located at the City’s Police Headquarters at 99 Fair Drive.

We understand that this project would involve an architectural, structural, and mechanical engineering scope of design improvements, planning review/ entitlement, design development, and construction support for these additional accessibility retrofits.

This proposal includes the following:
 Detailed Cost Proposal for A&E Services
 Statement of Probable Construction Costs based on respective itemized ADA Retrofits (For reference)
B. COMPENSATION
We propose to furnish these services not to exceed:
$35,480 (Thirty-Five Thousand Four Hundred and Eighty Dollars) Additional services outside the Scope of Work agreed upon shall not be performed without the authorization of the City. We have tailored our scope and subsequent fee proposal to accommodate the scope of work, realizing that there is latitude in both parameters to be discussed during the contract negotiation.

Sincerely,
Jack Panichapan, AIA, LEED AP, President, CEO
Gillis + Panichapan Architects, Inc.
206
PAGE 19 OF 25
EXHIBIT B: A&E SERVICES FOR ADA RETROFITS

FEE EXHIBIT
5/24/2021
A Task A: Phase 1: Design Development Phase
c Survey site and verify record drawings with existing site conditions. Document existing site conditions. Identify opportunities and constraints for proposed improvements. 2 2 2 $620 d Develop As-built File of the field verified record drawings of the Firing Range. 1244 $1,125
e Prepare Conceptual Design, product specifications, and preliminary ROM cost estimates including the design and cost. 21888 $3,005
f Meet with City staff and others to obtain input and revise the Conceptual Design and cost estimates as necessary to receive City’s approval. 21228 $1,625
g Prepare exhibits of the revised Conceptual Design and cost estimate. 1 1 2 $390 h Project Management: review design and documented scope and extent of design is confirmed moving forward. 4 4 $1,160
TASK A TOTAL 4 7 19 17 24 $7,925
B Task B: Phase 2: Construction Documents Phase and Plan Check Support a 70-Percent CDs: Development of 60-percent Demo, Architectural, Mech, and Electrical, Prepare preliminary technical specifications. Provide coordination with Electrical design development. Include technical specifications defining the overall project and design criteria for Firing Range Space
3 2 16 24 24 $7,225
c 100-Percent CDs: Final comments will be incorporated from the design review meeting and plan check to complete the final drawing and specifications. 22288 $2,350
d Project Management-coordinate City Requirements with engineer sub-consultants 2 3 $715 TASK B TOTAL: 5 6 21 32 32 $10,290
C Task C- Phase 3: Construction Support Services
a Bid Phase Services: Attend the pre-bid meeting. Provide technical support at the pre-bid meeting. Prepare addenda in response to requests for information (RFIs) and requests for clarification (RFCs). prepare a conformed set of contract documents that incorporate all addenda and revisions to the contract documents. 12444 $1,735
b
Engineering Services During Construction:review and guide the progress and direction of construction documents including RFI response, GPa will review Shop Drawings, Product Data, Samples and similar submittals to verify conformity with the information by the original contract documents Includes CALGreen Comissioning. 4 8 12 20 12 $6,460
c
Site Visits During Construction: provide meeting on-site (Up to 4 meetings w architect) 8 8 $2,560 d
Project Close-Out: Participate in final walk through of the site. Assist in the development of Project punch list. 1188 $2,180 e Project Management-Coordination and administration
2 2 $580
Task C Total 14 13 34 32 16 $11,780
Hours: 23 26 74 81 72 $29,995
Total Hours
Hourly Rates: $185 $155 $135 $95 $80
Structural Engineer Allowance
MEP Engineer Allowance
Reimbursibles*
Architecture and Engineering Total (Task A-D)

ARCHITECT

ARCHITECT
Designer
$29,995 Architecture
**RReeiimmbbuurrssiibblleess:: Covers costs for specialty printing, delivery fees, and travel. City Business License fees (if required for the entire A&E Team) This reimbursable allowance covers fees beyond general B&W printing fees on standard ledger or tabloid size paper. Government fees, delivery costs (such as United Parcel Service charges), and the costs of special sized prints/ reproductions are not included in our fee. These items are "reimbursable" items and will be shown separately on our invoice with a 10% coordination fee. $35,480
$$228855
NNOOTTEE oonn PPllaann CChheecckk FFeeeess:: Reimbursibles and fees shown here do not include Building Department or Plan check Submittal Fees, or any other 3rd party fees not indicated in this scope. Scope of Entitlement does not include design of potential accessible upgrades that may be required for the overall building and site outside the immediate project.

City of Costa Mesa
Principal
Project Dir.

Project Arch
Job Captain
Police Firing Range Facility Upgrade Project - ADA Upgrade (Additional Services) $$11,,220000
$$44,,000000
276 SUB-TOTAL
207
PAGE 20 OF 25
EXHIBIT B: A&E SERVICES FOR ADA RETROFITS
CCiittyy ooff CCoossttaa MMeessaa
CCoossttaa MMeessaa PP..DD.. -- SShhoooottiinngg RRaannggee UUppggrraaddee ((AADDAA)) SSttaatteemmeenntt ooff PPrroobbaabbllee CCoosstt
DDaattee:: 0055//2244//22002211
EElleemmeenntt QQuuaannttiittyy UUnniitt UUnniitt CCoosstt TToottaall 01 General Conditions (incl. below)
02 Parking/Site (exterior): $3,500.00
03 Building (interior): $8,300.00
04 Elevator: $60,500.00
05 Stairs: $11,400.00
06 Women's Lockers/Toilet $58,050.00
07 Men's Lockers/Toilet $65,925.00
Subtotal $207,675
Subtotal $207,675
General Conditions 10.0% $20,768
Subtotal $228,443
Overhead & Profit 10.0% $22,844
Subtotal $251,287
Bonds & Insurance 2.5% $6,282.17
Subtotal $257,569
Design Contigency 10% $25,757
Subtotal $283,326
Construction Contigency 10% $28,333
TTOOTTAALL EESSTTIIMMAATTEE $$331111,,665588
OOPPTTIIOONN 11 -- SSuummmmaarryy

DDRRAAFFTT
Gillis + Panichapan Architects, Inc. Page 1 of 1
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CCiittyy ooff CCoossttaa MMeessaa
CCoossttaa MMeessaa PP..DD.. -- SShhoooottiinngg RRaannggee UUppggrraaddee ((AADDAA)) SSttaatteemmeenntt ooff PPrroobbaabbllee CCoosstt
DDaattee:: 0055//2244//22002211
EElleemmeenntt QQuuaannttiittyy UUnniitt UUnniitt CCoosstt TToottaall 0011 GGeenneerraall CCoonnddiittiioonnss ((iinnccll.. bbeellooww)) 0022 PPaarrkkiinngg//SSiittee ((eexxtteerriioorr))::

New/Replaced Parking signage (Driveway entrance) 1 LS $300.00 $300.00 New accessible stall paint marking 1 LS $1,000.00 $1,000.00 Grind A.C. and Concrete to be flush at path of travel (1/4” +/-) 1 LS $800.00 $800.00 New accessible stall paint marking (International symbol) 1 LS $600.00 $600.00 New/Replaced Parking signage (Stall identification) 1 LS $800.00 $800.00 Sub-total $3,500.00
0033 BBuuiillddiinngg ((iinntteerriioorr))::

Replace protruding object in path of travel (4” max.) 1 LS $600.00 $600.00 B01 Entrance: Provide Lever type door hardware 1 ea $800.00 $800.00 B01 Entrance: Remove existing kick-down door stop.  Provide overhead door stop (if allowed by Wall/Door rating) 1 LS $900.00 $900.00 B01: Entrance: Adjust or replace door closer 1 ea $800.00 $800.00 B01: relocate cabinet to provide 60” clear. 1 LS $500.00 $500.00 B01: relocate Room Signage 1 LS $800.00 $800.00
B03: Door: Remove kick-down door stop. Provide overhead door stop (if allowed by Wall/Door rating) 1 LS $900.00 $900.00 B03: relocate Room Signage 1 LS $800.00 $800.00
Signage: Provide tactile Braille “EXIT” signage. 1 ea $250.00 $250.00 Signage: Stairs: Provide tactile Braille signage “EXIT STAIR DOWN,UP”. 1 ea $250.00 $250.00
Signage: Provide tactile Braille “EXIT ROUTE” signage (Stair 1 and at room B01) 2 ea $250.00 $500.00
Drinking Fountain: Basement: relocate adjacent railings 1 LS $1,200.00 $1,200.00 $0.00
Sub-total $8,300.00
0044 EElleevvaattoorr::

Call Buttons: replace or provide additional buttons at wall (lighted/ registered) 2 ea $1,500.00 $3,000.00
Call Signal: provide lighted signal (wall mounted -high) 2 ea $1,500.00 $3,000.00 Signage: Braille floor level signs (each floor) 2 ea $250.00 $500.00 Elevator doors: install auto-operators for doors. 2 ea $20,000.00 $40,000.00 Elevator Car: Options for elevator finishes/materials for options to widen cab. 1 LS $4,000.00 $4,000.00
Elevator Car control buttons: Replace as required to comply 1 LS $8,000.00 $8,000.00 Elevator Limited Type certification 1 LS $2,000.00 $2,000.00 Sub-total $60,500.00
0055 SSttaaiirrss::

Provide signage (Braille floor level) at each floor level landing/door 2 ea $250.00 $500.00
DDeettaaiill

DDRRAAFFTT
Gillis + Panichapan Architects, Inc. Page 1 of 3
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EXHIBIT B: A&E SERVICES FOR ADA RETROFITS
CCiittyy ooff CCoossttaa MMeessaa
CCoossttaa MMeessaa PP..DD.. -- SShhoooottiinngg RRaannggee UUppggrraaddee ((AADDAA)) SSttaatteemmeenntt ooff PPrroobbaabbllee CCoosstt
DDaattee:: 0055//2244//22002211
EElleemmeenntt QQuuaannttiittyy UUnniitt UUnniitt CCoosstt TToottaall DDeettaaiill

DDRRAAFFTT
Provide/replace outside handrail at middle landings. 60 LF $165.00 $9,900.00 Provide guard rail at underside of Stairs 1 ea $1,000.00 $1,000.00 Sub-total $11,400.00
0066 WWoommeenn''ss LLoocckkeerrss//TTooiilleett
Signage: Replace braille signage at wall. Relocate sign at door 1 ea $250.00 $250.00 B19: Remove kick-down hold open 1 ea $300.00 $300.00
B19: Adjust or replace door closer 1 ea $900.00 $900.00 B19: Door clearance: provide and install low energy door operato 1 ea $16,000.00 $16,000.00 B19: Remove or relocate protrusion at wall or provide detectable barrier below item 1 ea $900.00 $900.00
Signage: relocate room signage 1 ea $800.00 $800.00
B20: Install ADA Circle symbol on door 1 ea $250.00 $250.00 B20: Remove kick-down hold open 1 ea $300.00 $300.00
B20: Adjust or replace door closer 1 ea $900.00 $900.00 Accessible toilet partition: replace partition door hardware with self-closing device 1 LS $3,000.00 $3,000.00
Accessible toilet stall clearance: replace adjacent sink to provide 60” clear 1 LS $8,000.00 $8,000.00
Accessible toilet stall clearance: reconfigure stall door providing 4” max. jamb 1 ea $1,000.00 $1,000.00
Accessible toilet stall door: install additional door pull 34” to 44” high 1 ea $1,000.00 $1,000.00
Accessible toilet stall: relocate/adjust grab bars 1 LS $1,500.00 $1,500.00 Accessible toilet stall: install/relocate toilet tissue dispenser rolls 1 LS $1,500.00 $1,500.00 Accessible toilet stall: install/relocate toilet seat cover dispenser rolls 1 LS $1,500.00 $1,500.00
Accessible toilet stall: install/relocate disposal unit 1 LS $1,500.00 $1,500.00 B21: Door signage: Install ADA Circle symbol on door 1 ea $250.00 $250.00 B21: Shower stall: replace diverter controls and relocated Water valve controls and Hand held spray unit 1 LS $6,000.00 $6,000.00 B21: Shower stall: cut back plastic partition 1 LS $800.00 $800.00 B21: Shower stall: replace floor tile and provide max. slope of

2.08% 1 LS $8,000.00 $8,000.00
B21: Threshold: replace door threshold 1 ea $500.00 $500.00 B21: Floor Drain. Retile floor and reset floor drain 1 LS $2,000.00 $2,000.00 B21: Sink drains: provide insulated pipes 1 ea $250.00 $250.00 Sink, Label Accessible sink in one room 1 ea $250.00 $250.00 B21: Sink, Replace soap dispenser 1 ea $400.00 $400.00
Sub-total $58,050.00
Gillis + Panichapan Architects, Inc. Page 2 of 3
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EXHIBIT B: A&E SERVICES FOR ADA RETROFITS
CCiittyy ooff CCoossttaa MMeessaa
CCoossttaa MMeessaa PP..DD.. -- SShhoooottiinngg RRaannggee UUppggrraaddee ((AADDAA)) SSttaatteemmeenntt ooff PPrroobbaabbllee CCoosstt
DDaattee:: 0055//2244//22002211
EElleemmeenntt QQuuaannttiittyy UUnniitt UUnniitt CCoosstt TToottaall DDeettaaiill

DDRRAAFFTT
0077 MMeenn''ss LLoocckkeerrss//TTooiilleett
Signage: Replace braille signage at wall. Relocate sign at door 575 sf $35.00 $20,125.00 B18: Remove kick-down hold open 575 sf $12.00 $6,900.00 B18: Adjust or replace door closer 575 sf $20.00 $11,500.00 B18: Recess fire extinguisher (4” maximum protrusion) 1 ea $1,200.00 $1,200.00 Signage: Relocate braille signage 1 ea $800.00 $800.00
B16: Replace door signage 1 ea $250.00 $250.00
Door to B16: Remove kick-down hold open 1 ea $300.00 $300.00 Door to B16: Adjust or replace door closer 1 ea $900.00 $900.00 Urinal: Relocate/replace paper towel combo 1 ea $400.00 $400.00 Accessible toilet partition: replace partition door hardware with self-closing device 1 ea $3,000.00 $3,000.00
Accessible toilet stall clearance: replace adjacent sink to provide 60” clear 1 ea $8,000.00 $8,000.00
Accessible toilet stall: reconfigure partitions ea $1,000.00 $0.00 Accessible toilet stall: relocated/replace grab bars 1 ea $1,500.00 $1,500.00 B17: Replace/relocate door signage 1 ea $800.00 $800.00 Accessible shower: Relocate/replace/adjust seat 1 ea $2,000.00 $2,000.00 Accessible shower: Relocate/replace/adjust water valve 1 ea $2,000.00 $2,000.00 Accessible shower: Relocate/replace hand held spray unit 1 ea $4,000.00 $4,000.00 Accessible shower: Floor Drain. Retile floor and reset floor drain 1 ea $2,000.00 $2,000.00 B16: Sinks: insulate sink drains (completely) 1 ea $250.00 $250.00 Sub-total $65,925.00
Gillis + Panichapan Architects, Inc. Page 3 of 3
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EXHIBIT B: A&E SERVICES FOR ADA RETROFITS
EXHIBIT C:

SUPPLEMENTAL CONSTRUCTION

ADMINISTRATION
212
PAGE 25 OF 25
EXHIBIT C: SUPPLEMENTAL CONSTRUCTION ADMINISTRATION

2900 bristol street G-205| costa mesa, california 92626 | P. 714.668.4260 F. 714.668.4265 | www.gparchitects.org October 19, 2021

Seung Yang, P.E.

City Engineer
City of Costa Mesa
77 Fair Dr. Costa Mesa CA 92626

Re: City of Costa Mesa Police Firing Range: Supplemental Construction Support Services

Seung,

This proposal would provide enhanced construction support services for renovation of City of Costa Mesa Police Firing Range including the additional scope for the ADA and accessibility retrofits to the existing facility.

A. PROJECT UNDERSTANDING
Supplemental Construction Administration and Support

The following additional architectural services to be provided during Construction:

• Attend weekly meetings during construction and assist City with formatting Weekly meeting minutes. • Review and provide input on Contractor's construction schedule and status. • Review and provide input on Contractor's order project updates for the project. • Assist in coordination of Fire Safety Enhancements and Retrofits • Assist City in reviewing coordination between the Contractor and City ’s vendors (including telecommunications, audio visual, low voltage cabling, security, and furniture). • Assist City in Construction Change Directives during construction. • Assist City in reviewing of Contractor invoicing and credits with the city. • Conduct field reviews to observe work by Contractor. Development of Field Reports as needed identifying observed work that is not consistent with the Construction Documents. (3 field reviews provided) • Provide one follow-up visit after Punchlist to confirm that the noted construction deficiencies have been corrected or provide a summary of the deficiencies.

The scope of these services is based on the 80 working day construction schedule projected for this project.

B. COMPENSATION
We propose to furnish these services not to exceed the following fee:

Grand Total: $32,000 (Thirty-Two Thousand Dollars)

Additional services outside the Scope of Work agreed upon shall not be performed without the authorization of the City. We have tailored our scope and subsequent fee proposal to accommodate the scope of work, realizing that there is latitude in both parameters to be discussed during the contract negotiation. We look forward to working with you on this project.

Sincerely,

Jack Panichapan, AIA, LEED AP
Principal, CEO,
Gillis + Panichapan Architects, Inc.
213
PAGE 01 OF 25

2900 bristol street G-205| costa mesa, california 92626 | P. 714.668.4260 F. 714.668.4265 | www.gparchitects.org October 19, 2021

Seung Yang, P.E.

City Engineer
City of Costa Mesa
77 Fair Dr. Costa Mesa CA 92626

Subject: City of Costa Mesa Police Firing Range: Change Order Requests for ADA and Construction Administration Support Services

Dear Seung,

We are seeking a change order request for additional work we had provided for this project, as well as additional work we anticipate to provide due to the expanded scope of work to cover ADA retrofits and accessibility improvements for the facility to accommodate the original scope of the Firing Range at the Police Station.

A. SCOPE OF WORK SUMMARY

The requested change orders for this project are based on the following three (3) tasks that provide additions and alterations to the original scope of work:

1. ADA Assessment Report: (Originally submitted 3/4/21) Provide Accessibility/ ADA Assessment Report on the the facility based as it relates to the primary proposed renovation for the Firing Range. Report illustrating existing conditions that would need upgrades and retrofits (Exhibit A)

2. A&E services for ADA retrofits: (Originally submitted 5/26/21) Provide A&E services to develop construction documents through construction support for selected ADA retrofits outlined in the Accessibility/ ADA report. (Exhibit B)

3. Supplemental Construction Administration*: (New) Construction Support Services for the expanded scope of work. (Exhibit C) *

*Regarding third task #3, we are requesting this change order for additional Construction Administration services work due partially to the expanded scope of work provided over the course of the project up to this time.

During the course of the project, there were not enough funds to cover the accessibility coordination within the existing scope. These additional services provided needed to be allocated from funds originally dedicated to future phases of the project (Including the original Construction Administration Phase) to develop solutions and conceptual schemes to address the Accessibility constraints and obstructions of the existing facility above and beyond original scope of the Firing Range. It included coordination with City Building Department and Plan check to determine the final scope and extent of the ADA retrofits.

ATTACHMENT 2
214
PAGE 02 OF 25

2900 bristol street G-205| costa mesa, california 92626 | P. 714.668.4260 F. 714.668.4265 | www.gparchitects.org

B. COMPENSATION
The following are the proposed fees for each respective tasks followed by a grand total not to excced:

1. ADA Assessment Report
$2,933 (Two Thousand Nine Hundred and Thirty-Three Dollars)

2. A&E services for ADA retrofits:
$35,480 (Thirty-Five Thousand Four Hundred and Eighty Dollars)

3. Supplemental Construction Administration:
$32,000 (Thirty-two Thousand Dollars)

GRAND TOTAL FOR ALL 3 TASKS: $70,413
(Seventy Thousand, Four Hundred and thirteen dollars)

Refer to attached Exhibits A, B, and C for additional details about each respective task.

Additional services outside the Scope of Work agreed upon shall not be performed without the authorization of the City. We have tailored our scope and subsequent fee proposal to accommodate the scope of work, realizing that there is latitude in both parameters to be discussed during the contract negotiation.

Sincerely,

Jack Panichapan, AIA, LEED AP, President, CEO
Gillis + Panichapan Architects, Inc.

ATTACHMENT 2
215
PAGE 03 OF 25
EXHIBIT A: ADA ASSESSMENT REPORT
EXHIBIT A:

ADA ASSESSMENT REPORT
ATTACHMENT 2
216
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EXHIBIT A: ADA ASSESSMENT REPORT
2900 bristol street G-205| costa mesa, california 92626 | P. 714.668.4260 F. 714.668.4265 | www.gparchitects.org March 4, 2021

Seung Yang, P.E.

City Engineer
City of Costa Mesa
77 Fair Dr. Costa Mesa CA 92626

Subject: City of Costa Mesa Police Firing Range: ADA Report and Assessments

Dear Seung,

The following work outlined is in response to potential ADA accessible code requirements by the City of Costa Mesa triggered by the proposed renovations for the new Firing Range located at the City’s Police Headquarters at 99 Fair Drive. Based on building code requirements, the proposed renovation would require additional building and site improvements/ verification to meet current code requirements for accessibility per section 11B-202.1 of the CBC.

We will be coordinating with the Accessibility consultant to determine the potential of retrofits required by code, and help the City determine an accessibility retrofit scope for this project to fulfill Plan Check requirements for ADA accessibility.

A. SCOPE OF WORK SUMMARY
 Provide Report illustrating existing conditions that would need accessible code upgrades (see attached consultant proposal).

B. CONSULTANTS
We will plan to utilize the following consultants:

Accessibility Consultant
Casper Development Resources, Inc
5360 Jackson Drive, Suite 114 La Mesa, Ca 91942
619.741.1080

(Please refer to attached consultant proposal)

C. COMPENSATION

We propose to furnish these services not to exceed:

$2,550 (Two Thousand Five Hundred and Fifty Dollars) includes potential consultant reimbursable and expenses
+ 15% administrative coordination ($383)

$2,933 (Two Thousand Nine Hundred and Thirty-Three Dollars)

Please see attached consultant proposal. Additional services outside the Scope of Work agreed upon shall not be performed without the authorization of the City. We have tailored our scope and subsequent fee proposal to accommodate the scope of work, realizing that there is latitude in both parameters to be discussed during the contract negotiation.

ATTACHMENT 2
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PAGE 05 OF 25
EXHIBIT A: ADA ASSESSMENT REPORT
2900 bristol street G-205| costa mesa, california 92626 | P. 714.668.4260 F. 714.668.4265 | www.gparchitects.org

Sincerely,

Jack Panichapan, AIA, LEED AP, President, CEO
Gillis + Panichapan Architects, Inc.

ATTACHMENT 2
218
PAGE 06 OF 25
EXHIBIT A: ADA ASSESSMENT REPORT
February 25, 2021
Vic Nguyen
Gillis + Panichapan Architects, Inc.
2900 Bristol Street, Suite G-

205
Costa Mesa, CA 92626
Re: Agreement for Consulting Services
This letter agreement (“Agreement”) is made and entered into as of the date indicated above by and between Casper Development Resources, Inc , a California corporation (“Consultant”) and Gillis + Panichapan Architects, Inc. (“Client”) with reference to the following:

A. Consultant is in the business of providing accessibility studies based upon the application of the Americans with Disabilities Act of 1990 (the “ADA”) and other laws, regulation and codes connected with the rights of the disabled (collectively, “Disabled Access Laws”).

B. The Client desires to retain Consultant’s services, as an independent contractor, to provide disabled access compliance survey services.

1. ENGAGEMENT
Client hereby engages Consultant, as an independent contractor, to perform the services set forth and described in Exhibit “A” attached hereto (the “Services”). Consultant shall not be obligated to provide any services other than those specifically set forth in Exhibit “A” unless expressly agreed to in writing by both parties.

2. TERM
This Agreement shall become effective as of the date hereof and continue in full force and effect until all of the respective duties and obligations of the parties hereto have been satisfied in full.

3. COMPENSATION
As full and complete compensation for the Services performed hereunder and set forth in S

ections A.1 and A.2 of Exhibit “A”, or for any work in addition to that specified in Sections A.1 and A.2 of Exhibit “A”, Consultant shall be paid its hourly rates and charges as set forth in Exhibit “B”.

4. DOCUMENTS
All reports and writings produced by the Consultant for Client pursuant to this Agreement (collectively “Documents”) are considered tools of service and Consultant shall be deemed to retain and hold all right, title and interest, in and to any and all Documents. Client shall be entitled to own a copy of each Document and shall have a non

-

exclusive license to
ATTACHMENT 2
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EXHIBIT A: ADA ASSESSMENT REPORT