1 Rev. 2-2024 Ladayu Consulting Group
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
LADAYU CONSULTING GROUP
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 21st day of May, 2024 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and LADAYU CONSULTING GROUP , a sole proprietorship (“Consultant”).
RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to provide on-call engineering staff support and program management services for various parks project, as more fully described herein; and
B. 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. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. 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 and 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 Proposals, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.
1.2. Professional Practices. All professional services to be provided by Consultant 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 ci rcumstances 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.
1.3. 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;
ATTACHMENT 2
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(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.
1.4. 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 a nd 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.
1.5. 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, ancestry, 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.
1.6. 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 services similar to those services contemplated by this Agreement.
1.7. 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.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and 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 disclosur e 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 rate set forth in Consultant’s Cost and Proposal set forth in Exhibit “C,” attached hereto and made a part of this Agreement.
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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, approves 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 invoice within forty-five (45) 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 t he 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 audit 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 professional 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 (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (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 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 performa nce 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.
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4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Da te and continue for a period of five years, ending on May 6, 2029, unless previously terminated as provided herein or as otherwise agreed to in writing by the 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 ter mination 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 b e 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 A.M. Best’s Rating Guide, and approved by City:
(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) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate.
(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 limit per accident 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’ 5 Rev. 2-2024 Ladayu Consulting Group
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 Costa Mesa shall be excess and not 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 6 Rev. 2-2024 Ladayu Consulting Group
showing the insurance coverages 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, except 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.
6.4. Notices. Any notices, documents, correspondence or 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:
Ladayu Consulting Group
316 Tejon Place
Palos Verdes Estates, CA 90274
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (310) 968-7263 Tel: (714) 754-5633
Attn: Daniel Garcia Attn: Seung Yang
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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 pro visions 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 . If litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover 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 Agreement, the parties he reto 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 encumber 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 this Agreement. Regardless of City ’s consent, no subletting or assignment shall r elease Consultant of Consultant’ s obligation to perform all other obl igations to be performed by Consultant hereunder for the term of this Agreement.
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 negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in the performance 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 negligence, 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 negligence, recklessness, or willful misconduct in the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not t he 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 8 Rev. 2-2024 Ladayu Consulting Group
misconduct of the City. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specif ications 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, assessments, 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 t o City any reimbursement or indemnification arising under this paragraph.
6.11 Conflicts with Independent Contractor. Contractor/consultant’s duties and services under this Agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering into this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this Agreement.
6.12. 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 competent 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 contribution s, 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 providing service under this Agreement shall not qualify for or become entitled t o, and hereby 9 Rev. 2-2024 Ladayu Consulting Group
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 contributi on and/or employee contributions for PERS benefits.
6.13. 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.
6.14. 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.
6.15. 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 t he 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.
6.16. Conflict of 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 writt en 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.
6.17. 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 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 all necessary design 10 Rev. 2-2024 Ladayu Consulting Group
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.
6.18. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.19. 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 shall 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.
6.20. 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.
6.21. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.
6.22. 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.
6.23. 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 affect the meaning or interpretation of this Agreement.
6.24. 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.
6.25. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.26. 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 prov ision 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 s hall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.27. Severability. If any provision of this Agreement is determined by a court of 11 Rev. 2-2024 Ladayu Consulting Group
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.
6.28. 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.
6.29. 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.
6.30. Executive Order N -6-22 Russia Sanctions . On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the “EO”) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entitie s that are determined to be a target of Economic Sanctions . This Executive Order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State Grant funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State.
[Signatures appear on following page.]
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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: __________________________ Daniel Garcia, PE, REA, CPP
CITY OF COSTA MESA
__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Ruth Wang
Risk Management
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APPROVED AS TO CONTENT:
__________________________________ Date: __________________________ Seung Yang
Project Manager
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________ Raja Sethuraman
Public Works Director
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________ Carol Molina
Finance Director
EXHIBIT A
REQUEST FOR PROPOSALS
EXHIBIT B
CONSULTANT’S PROPOSAL
February 26, 2024
REQUEST FOR PROPOSALS
On-Call Engineering Staff Support & Program Management Services for Various Park Projects (RFP No. 24-09)
Prepared for: By:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
www.costamesaca.gov
(714) 754-5000
Ladayu Consulting Group
316 Tejon Place
Palos Verdes Estates, CA 90274
www.ladayucg.com
(310) 968-7263
February 26, 2024
Seung Yang, PE, City Engineer
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
RE: RFP No. 24-09 – On-Call Staff Support & Project Management Services for Various Park Projects
Dear Seung,
Ladayu Consulting Group (LCG) is pleased to present our Proposal to provide the City of Costa Mesa for On-Call Staff Support & Project Managment Services for Various Park Projects. LCG is a Municipal Services staff augmentation company specializing in Municipal Engineering, such as Park Management, Landscape Architecture, Public Works Construction Management and Inspection. LCG will also sub-consult with JM
Diaz, Inc. (Design services), Ninyo & Moore (Geotechnical services) and others as- needed that LCG has had a long and productive working relationship with.
We are proud of our reputation for providing thoughtful solutions that build thriving communities throughout California. Experienced in a wide range of municipal engineering services, our team of caring professionals serves our municipal clients through a tailored approach based upon client values and needs. We define ourselves by the strength of our relationships with the people that we work with and the people that we work for. Earning client trust and appreciation by exceeding expectations is our ultimate measure of success.
LCG has specialized in providing Engineering Staff Support and Project Management Services to California cities since our founding. The leadership and management team at LCG are individuals with the passion to provide professional civil engineering services to cities. We only serve public agency clients, typically in a staff augmentation and project management role. We believe that our exclusive commitment to public agency clients is important since it allows us to avoid any real or perceived issues regarding conflicts of interests.
I will act as Principal-I n-Charge for this engagement. As President of LCG, I am authorized to bind the firm to all commitments made in our proposal. I have authorized Daniel Garcia, Vice President, to be the Contract Manager and QA/QC for the City of
Costa Mesa. Daniel’s contact information follows:
Daniel Garcia, PE, REA, CPP
(authorized to submit proposal and negotiate on LCG's behalf) Ladayu Consulting Group
316 Tejon Place
Palos Verdes Estates, CA 90274 (only company address)
[email protected] | C: 310.968.7263
i
LCG appreciates the opportunity to present our qualifications, experience and desire to provide On-Call Staff Support and Project Management Services for Various Park Projects, for your review and consideration. This proposal will be valid for 180 days from submittal. LCG ACKNOWLEDGES RECEIPT OF ANY ADDENDUMS, IF ISSUED, FOR THIS RFP.
Sincerely,
Ladayu Phaphan
Founder and President
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Table of Contents
Cover Letter ................................................................................................................... i-ii Background and Project Summary Section …….............................................................. 1 Project Approach and Methodology ........................................................................….. 2-6 Qualifications & Experience of the Firm ……............................................................... 7-10 Financial Capacity …….................................................................................................. 10 Key Personnel ……................................................................................................... 10-12 Disclosure …….............................................................................................................. 12 Appendix C: Forms Vendor Application Form Ex Parte Communication Form Disqualification Questionnaire Disclosure of Government Positions Company Profile & References Bidder/Applicant/Contractor Campaign Contribution Disclosure Form
1 City of Costa Mesa
RFP No. 24-09 – On-Call Engineering Staff Support &
Program Management Services for Various Park Project s
Ladayu Consulting Group (LCG) is uniquely qualified to
provide the City of Costa Mesa with exceptional professional engineering staff support and program management services, as evidenced by our proven track record of successfully providing similar services to municipalities throughout Southern California.
We have research and review the City’s Capital Improvement Program including Park Project Descriptions for Fair Park – Mesa Restoration & Cultural Resource Preservation CA-ORA-58, Fairview Park – West Bluff Stabilization and Restoration, Shalimar Park Improvements, Ketchum-Libolt Park Expansion, and TeWinkle Park Lake Repairs and are enthusiastic about the possibility of assisting the City of Costa Mesa in completing the impressive list of CIP projects, especially for park improvement projects.
LCG understands the City of Costa Mesa expects experienced and qualified individuals to perform professional engineering and management services for On-Call Engineering Staff Support & Program Management Services for Various Park Project s. For this proposal to the City of Costa Mesa based on Scope of Work , LCG has included an experienced Park Program Manager, Construction Manager/Resident Engineer , Inspector, Development Review Engineer, Project Managers, Landscape Architect, Associate Engineer, and Grant Administrator , who have been directly involved in managing park management projects. LCG’s proposed key personnel and sub- consultants are experienced; have strong knowledge and background in administering municipal public works projects; be capable of providing leadership to the entire design and construction team; be able to work in close partnership with City staff; and be able to oversee/manage/control schedules and costs during all phases of the project construction. We are confident that we have assembled a project team that will exceed the City’s expectations as we deliver the requested services.
SUB-CONSULTANT TEAMING INFORMATION
To provide the complete spectrum of services listed in the RFP’s Scope of Services, we have teamed with the following sub-consultants to provide targeted services:
•
JMDiaz, Inc. ....................................................................................... Design Services • Ninyo & Moore ......................................................................... Geotechnical Services • BPR Consulting Group .......................... Structural, Mechanical, Electrical Services • Coast Survey ....................................................................... Land Surveying Services Background and Project Summary Section
2 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects LCG’s approach and methodology to implementing the City of Costa Mesa’s On-Call Engineering Staff Support & Program Management Services for Various Park Projects is to provide the City with the best qualified Park Program Manager, Construction Manager, Inspector, Development Review Engineer, Project Managers, Landscape Architect, Associate Engineer, and Grant Administrator in order to efficiently manage the individual park improvement projects/tasks with respect to costs/budget. LCG will assign an experienced City Engineer and former Costa Mesa Park Program Manager Daniel R. Garcia, PE, REA, CPP to serve as Park Program Manager on this project. Daniel will also serve as Contract Manager and QA/QC in charge of implementing this contract and the QC/QC protocol. He will be the central point of communication report directly to the City of Costa Mesa’s Project Manager assumed to be Seung Yang, PE, City Engineer. Daniel will manage the sub-consultants, JMDiaz, Inc. (Design Services), BPR Consulting Group (Structural, Mechanical, Electrical Services), Ninyo & Moore (Geotechnical Services), and Coast Survey (Land Surveying Services). Ludwig I. Smeets, PE will serve as Development Review Engineer and Construction Manager/Resident Engineer for the City. He will provide development engineering service and construction management service as requested in this RPP’s scope of services. Ludwig has over 38 years of municipal and construction experience. He is also an expert in Private Development and can provide advice and recommendations that would benefit the City of Costa Mesa. As Construction Manager/Resident Engineer, Ludwig will be assisted by Angel Quintero, Inspector, who has had over 28 years of public works management in utilities, construction inspection, water management, etc. Ann D. Herner will serve as Grant Administrator providing Grants Administration services as required by this contract. She has over 30 years of experience in the State of California working for various jurisdictions. Charles D. Herbertson, PE, PLS and Tony Antich, PE will serve as Project Managers and will manage various park projects in either design or construction, assist the City in scope and obtaining approvals form applicable agencies and other permits as may be required, develop and provide advice and recommendations of the park projects. They will also manage the design projects being designed by JMDiaz, Inc. (Design Services Sub-consultant) and provide additional public works engineer services and miscellaneous engineering services, if the City requires. Patrick J. Reynolds, PLA will serve as Landscape Architect providing Landscape Architect services as required by this contract. He will coordinate with City staff, consultants and LCG’s Project Managers for various park projects and other City projects. Oranos Mekwian, Associate Engineer, will assist Daniel Garcia, Park Program Manager and Ludwig Smeets, Construction Manager/Resident Engineer, in the various park projects management and provide project administration/construction support services.
Project Approach and Methodology
3 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects All communication on this contract will follow the following Project Work Plan Chart:
Costa Mesa Project Work Plan Chart
Roles and Responsibilities Per Tasks and Scope of Services Daniel R. Garcia, PE. REA, CPP l Contract Manager and QA/QC • Execute Contract Administration and provide additional resources when requested or resolve any issues with the contract implementation. • Provide QA/QC relative to the deliverables. Daniel R. Garcia, PE. REA, CPP l Park Program Manager • Provide Staff and Services as requested by the City Project Manager • Conduct "as-need" RFPs to select other consultants that are outside the expertise or time constraints of City staff. • Perform effective use of time management and resource allocation for various projects - Guide several projects to their ultimate completion and success. • Assist City staff, engineer, contractor, and construction manager/contract administrator with interpretation of the plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders.
4 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects • Perform other duties as directed by the Director of Public Works/Facilities • Effectively manage several projects at the same time (i.e., program management) and that key milestones and deadlines are met. • Coordinate staff, other agencies, consultants, contractors, etc., to effectively coordinate one or more ongoing projects happening concurrently. • Perform effective use of time management and resource allocation for various projects. • Guide several projects to their ultimate completion and success. Ludwig I. Smeets, PE l Construction Manager/ Resident Engineer • Review and develop standard plans and specifications. • Respond to plan check comments. • Perform Construction Management and Administration specifically for park projects to the City. • During construction, Ludwig will make on-site visits; review material submittals, shop drawings and test results; respond to RFPs; draft change orders; and review pay estimates. Preliminary Engineering: • Review alternative preliminary layouts, surveying, geotechnical services, and estimates of probable cost for alternatives. • Prepare or review engineering details and calculations. • Coordinate with JMDiaz, Inc. (Design Services Sub-consultant) present alternatives and provide recommendations and analyses of the advantages of each alternative to the City. • Review feasibility studies including alternatives to meet a desired goal with arguments for and against each alternative and cost estimate for each one. Design: • Review engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. • Provide bidding services including responding to bidders questions, attending any pre-bid job walk, assistance in preparing addenda, attending the pre-construction meeting. Construction Services: • Manage construction schedule, visit construction site for progress and quality of work evaluation. • Conduct a pre-construction meeting and biweekly construction meetings or as deemed necessary by the construction manager with the contractor, City and other involved parties. • Assist City staff, engineer, contractor, and contract administrator with interpretation of the plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders.
5 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects • Act as Resident Engineer/Construction Manager • Coordinate with City staff, multiple contractors when applicable, agencies, and Project stakeholders. • Prepare weekly Statements of Working Days and other reports that may be required by the City. • Review RFIs with the Engineer of Record and provide report. • Coordinate design changes with the Engineer of Record. Ludwig I. Smeets, PE l Development Review Engineer • Review and evaluate development proposals. • Write Conditions of Approval. Angel Quintero l Inspector • Perform inspection services, ensure project construction is in accordance with approved PS&E, City Standards and Greenbook, inspect materials and equipment upon delivery for compliance with construction contract documentation, provide daily reports with progressive photos of the project, and conduct labor compliance and certified payrolls reviews and approvals with every monthly payment or Pay Application request. Charles D. Herbertson, PE and Tony Antich, PE l Project Managers • Coordinate staff, other agencies, consultants, contractors, etc. to effectively coordinate one or more ongoing projects happening concurrently. • Assist the City in obtaining approvals from applicable agencies, including Caltrans, Costa Mesa Sanitary District, Mesa Water District, Irvine Ranch Water District, all County of Orange agencies (e.g., OC Public Works), all Federal agencies (e.g., Fish and Wildife), California Regional Water Quality Control Board, etc., and other permits as may be required. • Work with utilities such as Southern California Edison, Gas Company, AT&T, Verizon, etc. on permitting issues. Patrick J. Reynolds, PLA l Landscape Architect • Landscape Architecture Services Ann D. Herner l Grant Administrator • Assist with grant applications. Oranos Mekwian l Associate Engineer • Assist Ludwig Smeets, Construction Manager, prepare and distribute meeting agendas, minutes and progress reports. • Provide construction management support and maintain the record of construction documents. Ninyo & Moore l Geotechnical Services Sub-consultant • Conduct materials testing.
6 City of Costa Mesa
RFP No. 24-09 – On-Call Engineering Staff Support &
Program Management Services for Various Park Projects
JMDiaz, Inc. l Design Services Sub-consultant
• Provide civil design services. Prepare design and plans, as-built drawings, estimates, and develop specifications (PS&E's) for park projects as needed.
Formats for these documents will be discussed at the time of the task assignment. • Provide preliminary studies and public outreach.
• Prepare feasibility studies including alternatives to meet a desired goal with arguments for and against each alternative and cost estimate for each one.
Coast Survey l Land Surveyor Services Sub-consultant
• Provide land surveying and other field reconnaissance.
BPR Consulting Group l Structural, Mechanical, Electrical Services Sub-consultant • Provide structural, mechanical, and electrical services.
Potential Issues/Challenges
Although LCG expects the entire project to go smoothly, experience tells us that there are always potential issues and challenges with any project. As experienced, some potential issues/challenges that LCG team might expect to encounter in this project are these following:
• Potential Budget Issues: Since costs are a big issue in general these days especially when it comes to real estate, inflation and escalating costs in this region, all tied to elements of this project, keeping track of the budget is paramount. In order to minimize disruptions to performance, LCG’s Project/Construction Manager, will keep track of the existing budget and when any changes occur, they will document these changes and bring it up to the affected parties in the weekly meetings and find alternatives for keeping the project within budget. The City will be made aware of these budget items if they become significant. • Potential Scheduling Issues: If one of th e components under LCG’s Project/Construction Manager's jurisdiction is experiencing scheduling delays and if there isn't the possibility to absorb it into the float and there needs to be a schedule adjustment, this will be announced to the stakeholders as soon as it is apparent, and a schedule adjustment will be recommended to the City. If approved, a revised schedule will be implemented.
• Unforeseen Field Conditions: If an item comes up in the field during demolition or construction such as archeological artifacts, hazardous waste, etc., that might have an impact on the project's budget or schedule, LCG’s Construction Manager will provide alternatives and recommendations for the City and stakeholders to consider. He will provide timetables a nd suggestions for moving forward with the project and provide the financial and scheduling impacts for the project. • Any Other Issues: If any issues come up that might impact this projects' budget and schedule, LCG’s Construction Manager will be sure to coordinate with the City and Stakeholders on what the next steps will be and move forward with the project.
7 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects The seamless integration of municipal service professionals in support of public agencies has been our purpose since Ladayu Consulting Group (LCG) was formed in 2015. LCG was founded by individuals with a passion for serving municipalities. Our employees span a multitude of disciplines within public works and engineering departments throughout California. Most of LCG's staff are from the municipal public sector. We are small enough to ensure that we can maintain focus and are responsive to the needs of the City of Costa Mesa’s On-Call Engineering Staff Support & Program Management Services for Various Park Projects tasks yet big enough to provide a comprehensive and reliable array of municipal services, if required. Ladayu Consulting Group provides a host of services to cities including: • Project and Program Management • Construction Management/Construction Inspection • Public Works Management • Park Management • Civil/Private Development Plan Review Services (includes grading, streets, storm drains, sewers, erosion control, etc.) • Land Development/Subdivision Map Act (includes tracts, parcel maps, vesting, etc.) • Sewer and Storm Drain Compliance • Landscape Architect • City Engineering • Traffic Engineering LCG's staff has held senior and executive management positions within numerous California cities including titles of Park Program Manager, Project Manager, Construction Manager, Inspector, Development Review Engineer, Landscape Architect, Grant Administrator, Associate Engineer, and other well-seasoned management personnel. This depth of experience brings a high level of expertise and sensitivity towards community and special interest group issues. We value the importance of a focus that represents the interests of our public agency clients and reflects positively on the citizens they serve. LCG was formed and founded in 2015 and established our Engineering office in Palos Verdes Estates. We are a sole proprietorship. Our legal name is Ladayu Consulting Group. LCG's Federal Employer Identification Number is 36-4967928. We currently have 16 employees (size) and are growing. Our official business address follows: Ladayu Consulting Group 316 Tejon Place Palos Verdes Estates, CA 90274 (only business location/address) www.ladaycg.com Qualifications & Experience of the Firm
8 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects The relevant experience, specific qualifications, and technical expertise of the firm and sub-consultants to provide design services In this contract, LCG will sub-consult with JMDiaz, Inc. (JMD) for Design Services. JMD’s relevant experience and specific qualification are shown as below: JMDiaz, Inc. (JMD), a California corporation, offers a full range of transportation planning and civil engineering covering highways, land development, traffic and rail projects for local agencies, railroads and private entities in California. Originally founded by Juan M. Diaz in 2001, JMD is serving clients from its regional office in the City of Industry, California. Currently, JMD has a staff of 22 professionals and administrative staff. JMD prepares preliminary and final design for a variety of civil engineering projects including land development (e.g., site grading, drainage, etc.) and transportation facilities (e.g., highways, roadways, rail corridors, etc.). In additional, JMD offers a variety of civil engineering services for transportation and land development projects. Such services cover all project development phases including planning, engineering and construction. Ultimately, JMD provides construction oversight services including construction observation and inspections services of transportation and land development projects. Juan Diaz, PE has had a stellar reputation in delivering CIP and other projects for cities throughout Southern California. JMD has worked with Ladayu Consulting Group on many projects in the Gateway Cities including Compton Boulevard, Central Avenue and many others. LCG and JMD have built a great working relationship over the years of collaboration. JMD would be a powerful design, preliminary study, and public outreach in delivering projects for the City of Costa Mesa. JMD's contact information is as follows: JMDiaz, Inc. 18645 East Gale Avenue, Suite 212 City of Industry, CA 91748-1363 (626) 820-1137 Tel | (626) 820-1136 Fax [email protected] www.jmdiaz.com LCG’s Current and Previous Contracts Similar to the Requirements for this RFP LCG had experience in providing similar service for other agencies such as the Cities of Huntington Park, Compton, and Maywood. A summary of recent relevant projects that LCG and assigned personnel have performed within the past 8 years for public agencies that are similar in nature that is being requested in this RFP are shown below. •
City of Huntington Park
Steve Forster, Public Works Director 6550 Mile Avenue., Huntington Park, CA 90255 562.587.4860 | [email protected]
9 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects Ø Sample Project: CIP2019-02 Slauson Avenue Congestion Relief Project Services Provided: Construction Management and Inspection. Replace pavement from Wilmington Avenue to State Street ($11.3 million) Year started and completed: 2023-in progress •
City of Compton
John Strickland, Public Works/Engineering Project Manager 205 South Willowbrook Avenue, Compton, CA 90220 310.761.1422 | [email protected] Ø Sample Project: Four (4) Compton Fire Stations Driveway Aprons Improvement Project ($3 million). Services Provided: Construction Management and Inspection. Year started and completed: 2021-2022 Ø Sample Project: Alameda - SR-91 Urban Greening (Agreement No. U29107-0 and 8GG16423) Services Provided: Full-Service Engineering Services including City Engineering Advisor, Project Management, Coordinated with Gateway Cities, Civil Plan Check for Grading, Drainage, Demolition, Erosion Control, LID, Utility Plans Year started and completed: 2020-2021 Ø Sample Projects: 217 West Cocoa Street, 305-315 North Long Beach Blvd., 1841 and 1843 East Compton Blvd., 439 East Carlin Avenue. Services Provided: (Land Development) Lot Merger/Lot Line Adjustment Review. Year started and completed: 2020 •
City of Maywood David Mango | Public Works Director/Building Official (retired) 4319 E. Slauson Avenue, Maywood, CA 90270 323.365.0013 Ø Sample Project: Full-Service Engineering. For this project - Designated as City Engineer for the City including creating and managing the CIP, coordinate sewer compliance with the Attorney General and the Los Angeles Regional Water Quality Control Board, Storm Drain compliance, improved 90% of the streets in the City including USEPA/CDBG funded major sewer replacement project, FY 18/19 and 19/20 Street Rehabilitation Projects, 2019 Storm Drain Screen Installation of 55 catch basing screens.
Services Provided: City Engineer, Construction Management & Inspection, Project Management Year started and completed: 2016 to 2019
10 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects Milestones and Deliverables to Perform the Requested Services LCG has adequate capacity to perform both volume and quality of needed work within project schedule milestones for the City of Costa Mesa. Once a Notice to Proceed (NTP) is issued, specifically how LCG will implement each task and the Work Plan will be analyzed and recommended with proposed hours for each service other than those tasks specifically delineated in the RFP. Those tasks will be managed and executed per the City's Scope. Each team member is available and this will be detailed in the actual work plan developed after the City Engineer has had a chance to analyze the City's situation. All staff in this proposal will be managed under the City Engineer's supervision and LCG will adhere to the established methodology and work plan.
LCG is financially stable. We submit the following disclosure statements of fact: 1. LCG, any officer of LCG, or any employee of LCG who has proprietary interest in LCG has never had any administrative proceeding, claims, lawsuits, or other exposures pending against LCG. 2. LCG, any officer of LCG, or any employee of LCG who has proprietary interest in LCG has never filed for bankruptcy under any business name. 3. LCG is financially stable and can perform this contract without any encumbrances.
LCG has a diverse team of qualified professionals dedicated to providing On-Call Engineering Staff Support & Program Management Services for Various Park Projects to the City of Costa Mesa. Below we have provided brief biographies of key personnel that will be available for this contract. Actual resumes will follow. • Daniel R. Garcia, PE. REA, CPP | Contract Manager, QA/QC, Park Program Manager – Daniel has served as Contract Manager, QA/QC, and Park Program Manager in many public agencies throughout California. He is a registered Civil Engineer, Registered Environmental Assessor and Certified Permitting Professional and has over 30 years of experience in the civil engineering profession. Having worked in several jurisdictions throughout California including the Cities of Costa Mesa, Huntington Park, Compton, Rancho Palos Verdes, Wildomar, Maywood, Bell, Vernon, Lomita, Chino Hills and Norwalk. Daniel’s experience is far and wide from Project Management, Construction Management, Civil Plan Review, Land Development/Subdivision Map Act, Capital Improvement Programs (CIP) including sewers, storm drain, street and water plans. In addition, Daniel also has experience serving the City of Costa Mesa for 2 years as the Consultant Park Program Manager managed Fairview Park, interviewed the Financial Capacity
Key Personnel
11 City of Costa Mesa
RFP No. 24-09 – On-Call Engineering Staff Support &
Program Management Services for Various Park Project s
consultants for Skate Park II rebid, completed the Tewinkle Park Lakes’ Security Lighting plan and ADA Accessibility Improvements plan review, etc. • Ludwig I. Smeets, PE | Development Review Engineer / Construction Manager/Resident Engineer – Ludwig has over 38 years of experience in the civil engineering profession, including 15 years in the public sector, and over 23 years with private consulting firms serving public entities and private land developers.
His experience has been a Senior Project Manager level for the past 10 years. His experience has included the management of numerous projects, specifically as Development Review Engineer and Construction Manager/Resident Engineer.
Ludwig has served as Development Engineer as well as Public Services Director and Senior Project Manager for several public agencies. He is familiar with the Subdivision Map Act, Low Impact Developments (LIDs) project requirements, Water Quality Management Plan (WQMP's), design requirements (SSPWC, APWA, Caltrans, etc.) and has managed this and the bid and award process for several cities such as the Cities of Hawaiian Gardens, Norwalk and Whittier. As a Construction Manager/Resident Engineer. Ludwig was the Construction Manager for the Carnelian Storm Drain in the City of Rancho Cucamonga, Field of Dreams Sports Park in the City of Chino Hills and the Sunset Ridge Development Tract No. 17089 in the City of Victorville to name a few of his
projects.
• Charles Herbertson, PE, PLS l Project Manager – Charles is a licensed Civil Engineer and Land Surveyor with extensive project management experience. He has served in senior executive management such as City Engineer and Public Works Director in the City of Culver City for 17 years as well as City Manager and Airport Manager in the City of Hawthorne and was a commissioned officer in the Navy in the Submarine Force and served as Headquarters Company Commander in the Reserves. Charles brings to every city his project and program experience in the areas of Project Management, Sewer and Storm Drain Compliance with local and state agencies, Capital Improvement Program (CIP) and Project Management in City facilities, recycling, Fire and Police Stations, sewer pump stations, water conservation, energy conservation, landslide repair, bicycle and pedestrian master plans, Urban Forest Master Plan, traffic engineering and maintenance. • Tony Antich, PE l Project Manager – Tony has over 35 years of experience in managing capital improvement projects including 19 years as the City Engineer in the City of Santa Monica. Tony is experienced with managing professional staff and coordinating with various stakeholders in achieving the City’s adopted goals and objectives including CIP, coordination of construction in the public right-o f- way, construction management, community outreach, grant management, civil and architectural project development, cost estimating, risk management, cost management, permitting and plan checking, facility and infrastructure planning, mapping,
seismic upgrade of essential facilities and communications. • Angel Quintero | Inspector – Angel has over 28 years of public services experience and is a Public Works Program Inspector. He is a licensed as a Water Distribution Operator with extensive experience as a Water Utilities Manager and Water Supervisor. Angel has Storm Water Management experience including
12 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects Construction Management and Public Works Construction Inspection expertise. He has served as a Public Works Program Inspector in the City of Pico Rivera and as Water Meter Division Manager, City of Torrance, Water Utilities Manager position from the City of Covina, Operations Supervisor position from Liberty Utilities, Utilities Manager position from the City of Carlsbad, and Water Systems Supervisor. • Patrick J. Reynolds, PLA l Landscape Architect – Patrick holds Landscape Architect License No. 4440 and is also a C-27 Landscape Specialty Contractor. Patrick is a Certified Irrigation Auditor and is certified in NEPA and CEQA. Patrick has 45 years of experience in all aspects of design, project management, construction of new and existing public, private, residential, commercial, urban, park and open space developments. He has expertise in Park Master Planning, Land Acquisitions, trail design and construction, preparing Environmental documents and reports, environmental preservation and restoration, historical preservation. Patrick has recently completed the Urban Forestry Management Plan for the City of Bell. He is currently serving the City of Alhambra as a City Landscape Architect. • Ann D. Herner l Grant Administrator – Ann has more than 20 years of experience in the public and private engineering sector, assisting cities and providing strategies in securing transportation funding and leveraging local resources to implement capital projects. She identifies key elements of the grant and works closely with the City to craft and customize a project that will be competitive. Ann is well versed in a variety of state, federal and local grant programs, and has worked extensively with Caltrans Local Assistance, California Transportation Commission and the Federal Highway Administration on state/federally funded projects to meet program compliance and project timelines. She has managed millions of dollars in capital projects providing oversight on federally funded projects, from design to construction, final project close-out and including financial audits by both State/Federal agencies. Ann completed the Pavement Management System (Street Master Plan) for the City of Maywood. • Oranos Mekwian | Associate Engineer – As Associate Engineer, Oranos has assisted in several construction and project management projects for LCG including the $1.2 million Sewer Replacement Project in the City of Maywood and was instrumental in gaining sewer compliance with the LA Regional Water Quality Control Board. She also assisted in construction projects in the City of Lomita (Walnut/Pacific Coast Highway and Palos Verdes Drive North and Western Intersection Rehabilitation Project) and the City of Compton (Fire Stations Driveway Aprons Improvement Project) recently.
LCG has no past or current business and personal relationships with any current Costa Mesa elected official, appointed official, City employee, or family member of any current Costa Mesa elected official, appointed official, or City employee.
Disclosure
City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE Park Program Manager Project/Program Manager Construction Manager Resident Engineer Private Development/Civil Plan Check Engineer Land Development/Subdivisions CIP/Project Management Sewer/Storm Drain Compliance City Engineering Advisor EDUCATION Bachelor of Science in Civil Engineering, CSULB Masters in Public Administration, CSULB REGISTRATIONS CA Registered Professional Civil Engineer | 45710 Registered Environmental Assessor | 5640 Cal-EPA Certified Permitting Professional D11308 SCAQMD
Daniel R. Garcia, PE, REA, CPP
City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE Construction Manager Land Development/Subdivisions Low Impact Development Drainage/Hydrology (LID) Project Manager Resident Engineer CIP/Project Management Construction Bid and Award Process EDUCATION Bachelor of Science in Civil Engineering, CSULB Masters in Military Science, US Army REGISTRATIONS CA Registered Professional Civil Engineer | 37221 NV Registered Professional Civil Engineer | 11105 AZ Registered Professional Civil Engineer | 28642 Development Engineer | Construction Manager/Resident Engineer Ludwig has over 38 years of experience in the civil engineering profession, including 15 years in the public sector, and over 23 years with private consulting firms serving public entities and private land developers. His experience has been at the Senior Project Manager level for the past 10 years. His experience has included the management of numerous projects, specifically as Development Review Engineer and Construction Manager/Resident Engineer. Ludwig is familiar with the Subdivision Map Act, Low Impact Developments (LIDs) project requirements, Water Quality Management Plan (WQMP's), design requirements (SSPWC, APWA, Caltrans, etc.) and has managed this and the bid and award process for several cities such as the Cities of Hawaiian Gardens, Norwalk and Whittier. As a Construction Manager/Resident Engineer. Ludwig was the Construction Manager for the Carnelian Storm Drain in the City of Rancho Cucamonga, Field of Dreams Sports Park in the City of Chino Hills and the Sunset Ridge Development Tract No. 17089 in the City of Victorville to name a few of his projects.
Construction Manager | City of Buena Park For over 12 years, Ludwig served as Construction Manager on various public and private development projects to include on-call plan check of drainage and grading plans, demolition plans, and both on-site and off-site civil engineering plans, to include street, storm drain, sewer & water improvements, as well as NPDES, WQMP’s, and hydrology reviews for the City of Buena Park. Project Manager| City of Hawaiian Gardens Ludwig provided Hydrology Report review for various private development projects on on-call basis for the City of Hawaiian Gardens. He also developed the Master Plan for Drainage as Program Manager for the City. This study established the capacity of existing storm drains and streets drainage based on a 100-year storm for incorporation into the City’s Low Impact Development Program. Construction/Project Manager | County of Orange For nearly ten years, Ludwig served as Construction/Project Manager in responsible charge of contract construction services for private development plans related to building & safety grading and drainage, storm drain, sewer, NPDES, WQMP’s, and hydrology reviews for the County of Orange. He is experienced in LID issues and the application to Land Development.
City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE CIP/Project Management City Engineering Public Works Land Development/Subdivisions Sewer/Storm Drain Compliance Construction Management EDUCATION Bachelor of Science in Civil Engineering, Old Dominion University, Norfolk, Virginia Master of Arts in Public Administration, University of Southern California REGISTRATIONS CA Registered Professional Civil Engineer | 46658 CA Professional Land Surveyor | LS 6794 PROFESSIONAL ACTIVITIES Member American Public Works Association | SoCal Chapter League of California Cities | President of Public Works Officers 2018 and 2019 | Chairman Local Streets and Roads Needs Assessment Oversight Committee | Member Public Works, Transportation & Communications Policy Committee AWARDS Helen Putnam Award from the League of California Cities for brokering a solution to noise problems related to the construction of the Metro Green Line Light Rail Project Manager
City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE Project/Program Manager Construction Manager City Engineer Public Works Director EDUCATION Bachelor of Science in Civil Engineering, CSULB Master of Science, Management & Leadership, Pepperdine University REGISTRATIONS CA Registered Professional Civil Engineer | 34293 CA General Engineering Contractor – “A” | 842227 Project Manager
Tony has over 35 years of experience in managing capital improvement projects including 19 years as the City Engineer in Santa Monica. Tony is experienced with managing professional staff including capital improvement programs, coordination of construction in the public right-of-way, construction management, community outreach, grant management, civil and architectural project development, cost estimating, risk management, cost management, public counter customer service, permitting and plan checking, disaster recovery, facility and infrastructure planning, mapping, assessment districts, seismic upgrade of essential facilities and communications.
City Engineer | City of Santa Monica For 19 years, Tony served as City Engineer in the City of Santa Monica. Tony provided leadership to thirty-five professional staff, including developing organization plans, setting priorities, selecting employees, conducting contract negotiations, counseling, and mediating disputes, evaluating job performance, interpreting policies to resolve design and construction issues, and making final decisions on engineering matters. He coordinated city engineering issues with federal, state, county, and other local agencies; conferred with the City Manager, City Council members, other government officials, city staff, public utilities, civic organizations, developers, and neighborhood and business groups. In addition, Tony directed the land development and technical support services related to all public infrastructures. Tony also oversaw several programs such as accessibility; grant management; disadvantaged business enterprise; capital improvements, civil and architectural project development; construction management, claims mitigation, safety, and construction mitigation; community outreach, coordination of construction in the public right of way and public information; cost estimating; risk management, cost management; public counter customer service, permitting and plan check; disaster recovery; consulting services to other departments; facility and infrastructure planning; mapping; assessment district proceedings; seismic upgrade of essential facilities; and telecommunications for the City. Noteworthy project management and process improvement: ¨ ADA improvements to public facilities and buildings such as streets, parks, fire & police stations, libraries, theaters, manufactured housing, restrooms, public housing, parking structures, and civic auditorium ¨ Developed a pavement management program that resulted in the best pavement condition in Los Angeles County.
City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects
¨ Developed written project management guidelines and staff training, which resulted in a reduction in construction claims and faster delivery of construction projects. ¨ Established a LA Superior court trustee program to augment city staff resulting in greater output and reduced demand for additional city staffing. ¨ Separately, also negotiated a $10 million reduction in construction claims. ¨ Management Team Associates Labor Bargaining Unit- Former President ¨ Board member - City of Santa Monica Coalition of City Employees - Political Action Committee ¨ Developed a simplified & streamlined permit process resulting in less wait time and better customer service. ¨ Introduced and instituted alternative dispute resolution (ADR) for city engineering contract matters, resulting in a negotiated $5 million payment from the State of California. ¨ Introduced project scheduling techniques that resulted in eliminated redundancy, increased coordination, and improved delivery time. ¨ He has collaborated with the City Attorney's Office to develop a new contract for design and construction. This effort reduced the contract review time from three months to less than a week. ¨ Formed a consortium of cities, UCLA, and environment NGOs whose goal was to develop ways of reducing litter in Santa Monica Bay. This resulted in best management practices utilized in Los Angeles and countywide. ¨ Formed a consortium including Santa Monica & Los Angeles, Los Angeles Department of Water and Power, Los Angeles Department of Transportation, and Caltrans to improve communication and coordination of various construction projects along Pacific Coast Highway. Public Works Director & City Engineer | City of Hermosa Beach For nearly 7 years in the City of Hermosa Beach, Tony planned, organized, and directed maintenance engineering activities. He also was the City’s Traffic Engineer. He oversaw maintenance and engineering personnel and court trustees assigned to maintenance or repair streets; buildings, parks; street lighting; storm drains; sanitary sewers; and traffic control devices. His projects included sanitary sewer rehabilitation, storm drain improvement, playground improvement, building modifications such as interior & HVAC. He managed the maintenance, design, construction, and restoration of infrastructure assets throughout the city and managed a staff of thirty employees.
City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE Inspection Water Supervisor Water Utilities Manager Operations Supervisor, Production Utilities Manager Water System Supervisor Storm Water Management Construction Management Public Works Construction EDUCATION Water Technology & Business Courses, Mt. San Antonio College, Walnut Public Works Inspection, MSA Construction Management (CalTrans), CMIA-ABC REGISTRATIONS Water Distribution Operator - 5 | 6077 Water Treatment Operator - 2 | 18704 Inspector
City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE City Landscape Architect #4440 Landscape C-27 Contractor Parks Division Manager Park Planning Division Landscape Supervisor Project Manager Instructor EDUCATION Masters in Professional Designation Landscape Architecture Certificate, UCLA Bachelor in English Literature, CSUDH Construction Management Certificate Program, CSUDH AutoCAD Release 14 Operator Certification. CSULB REGISTRATION/LICENSE CA Registered Professional Landscape Architect | 4440 Landscape Contractor License (C-27) | 418109 Landscape Architect
City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects
City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE Transportation Project Management Technical Specification Writing Caltrans Local Assistance Federal-Aid Process & Project Delivery Grant and Funds Management Grant Writing Federal Transportation Funding and Financing Pavement Management - StreetSaver EDUCATION Bachelor of Science, Civil Engineering University of California, Davis REGISTRATIONS 40 Hour Hazardous Material Training Certification 1998 Grant Administrator
Ann holds over 20 years of experience in the public and private engineering sector as a Project Manager/Engineer. Her experience includes project management, oversight of design through construction, and funding accountability of various transportation projects. She consistently meets project schedule requirements and stays within project budgets. She has provided both long/short-term onsite support and staff augmentation for local agencies. Ann is also knowledgeable with the Federal Aid process for funding state and federal projects as well as securing these grants. Her in-depth knowledge of the Federal Aid process and project delivery has assisted local cities in planning and implementing projects on time without risking their state and federal funds.
Grant Writing Ann brings grant opportunities to cities and provides strategies in securing funding for capital projects. In the past 9 years, Ann has contributed to the preparation and submittal of grants which has secured millions of grants for cities in bike and pedestrian improvements, traffic signal improvements, intelligent traffic systems, pavement rehabilitation, and safe routes to school improvements. She is well verse in state/federal grant funds including: CMAQ, RSTP, SRTS/SR2S, HSIP/HRRR, ATP, CDBG, and other locally administered funds. Transportation Programming and Federal/State Funding Administration Ann brings transportation programming and fed/state funding expertise to local agencies and MPOs. She has worked extensively with Caltrans Local Assistance, California Transportation Commission (CTC) and the Federal Highway Administration on state and federally funded projects and programs. Her in-depth knowledge of federal/state funding allows for efficient troubleshooting that results in creative and realistic solutions to overcome obstacles and deliver projects. Ann has managed millions of dollar projects providing oversight on federally funded projects, from design to construction and project close out. By understanding the network of transportation funding policies and programming in both the local, state and federal level, Ann is able to navigate and plan for projects to be constructed on time as well as optimizing available funding. Specific services have included: § Development and implementation of project budget and project tracking
City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects
§ Project delivery through Caltrans Environmental/NEPA, Right of Way approval, Design, and Construction phase, including Federal Authorization Approval, CTC Allocation Request, Invoicing submittals, Contract procurement for design and construction, Project reporting and Final Expenditure Report. § Assist Cities with financial audit and reporting from Caltrans § DBE assistance, implementation and goal calculation § Recommend FTIP Amendments for project planning and delivery § Recommend funding obligations and de-obligations to ensure projects maximize funding opportunities § Assist in the development and review of MPOs’ CMAQ funding guidelines § Assist MPOs in federal programming procedures and “Calls for Projects”
City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE Construction Mgmt. Assistant Associate Engineer Land Development/Subdivisions Sewer/Storm Drain Compliance CIP/Project Management Report Writing EDUCATION Masters in Industrial Chemistry, King Mongkut’s University of Technology, Thonburi, Thailand Bachelor of Science in Biotechnology, Khon Kean University Thailand
Associate Engineer
City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects LCG’s submitted forms listed in the Appendix C are shown in the following page. The submitted forms are included: 1. Vendor Application Form 2. Ex Parte Communication Form 3. Disqualification Questionnaire 4. Disclosure of Government Positions 5. Company Profile & References 6. Bidder/Applicant/Contractor Campaign Contribution Disclosure Form Appendix C: Forms
X
Ladayu Consulting Group
Daniel R. Garcia, PE, REA, CPP
Vice President/Contract Manager [email protected]
(310) 968-7263 N/A
316 Tejon Place
Palos Verdes Estates, CA 90274
Daniel R. Garcia, PE, REA, CPP
Vice President/Contract Manager [email protected]
(310) 968-7263 N/A
X
X
Daniel R. Garcia, PE, REA, CPP Vice President (310) 968-7263 N/A
EIN: 364967928
N/A
2/26/24
Daniel R. Garcia, PE, REA, CPP
X
None
Sole Proprietor
316 Tejon Place, Palos Verdes Estates, CA 90274
www.ladayucg.com
(310) 968-7263 N/A
[email protected]
9 years
9 years
X
EIN: 364967928
Daniel R. Garcia,PE, REA, CPP
(310) 968-7263 N/A
[email protected]
Oranos Mekwian
(925) 464-6356 N/A
[email protected]
Daniel R. Garcia, PE, REA, CPP
(310) 968-7263 N/A
[email protected]
City of Huntington Park
Steve Forster, Public Works Director
$500,000
[email protected]
6550 Mile Avenue, Huntington Park, CA 90255
CM & Inspection services for Slauson Ave. Congestion Relief Project City of Compton
(310) 761-1422
John Strickland, Public Works/Engineering Project Managert Based on hourly as needed services
[email protected]
205 S. Willowbrook Avenue, Compton, CA 90220
Provide City Engineer Advisor, CM & Inspection services for Four Fire Stations Driveway Aprons Improvement Project, Civil Plan Checking Services, etc.
City of Maywood
(323) 365-0013
David Mango, Public Works Director/Building Official (retired) Based on hourly as needed services
[email protected]
4319 E. Slauson Avenue, Maywood, CA 90270
Full-service Engineering including City Engineer managing the CIP, coordinate sewer compliance with the Attorney General and LARWQCB and Storm Drain Compliance, etc. and Construction Manager & Inspector for USEPA/CDBG funded major sewer replacement project, FY18/19 and FY19/20 Street Rehabilitation, 2019 Storm Drain Screen Installation, etc. , Daniel R. Garcia, Vice President
2/26/24
EXHIBIT C
CONSULTANT’S COST PROPOSAL
1 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects The rates displayed in the cost proposal below reflect LCG’s current fees and will be in effect during the term of the agreement, which include travel, shipping, supply, and printing/material costs (no separate charges for these items). Hourly rates are typically reviewed yearly on July 1 and may be subject to revision unless under specific contract obligations (such as frozen during the term of this agreement by the term of this approximately 3-year contract).
LCG COST PROPOSAL CLASSIFICATION HOURLY BILLING RATE Park Program Manager...............................................................................................$170 Registered Development Review Engineer ............................................................... $170 Registered Project Manager ...................................................................................... $170 Construction Manager/Resident Engineer, RCE, Prevailing Wage ............................ $170 Licensed Landscape Architect, PLA .......................................................................... $170 Inspector, Prevailing Wage ........................................................................................ $160 Grants Administrator .................................................................................................. $160 Associate Engineer ...............................................……………………...…………...... $110 Once a task or phase is known, LCG can provide an estimate of costs for the entire task or phase. Key Personnel are noted in the hourly rates above. No other adjustments are anticipated. BPR COST PROPOSAL (STRUCTURAL, MECHANICAL, ELECTRICAL SERVICES SUB-CONSULTANT) We propose to provide all of the requested plan review, inspection, and other building and safety services on an hourly basis utilizing the hourly billing rates identified in the Schedule of Hourly Billing Rates below for the specific labor classification utilized. Plan review services will include an initial review and all back-check reviews as necessary for plan approval. SCHEDULE OF HOURLY BILLING RATES The rates displayed in the schedule below reflect BPR’s current hourly billing rates. BPR understands that all rates and costs shall be effective through the term of the agreement.
Cost and Proposal (Not-to-exceed total fee)
2 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects CLASSIFICATION HOURLY BILLING RATE Building Plan Check Project Manager ...................................................................... $170 Licensed Plan Review Engineer (structural, electrical, mechanical) ........................ $155 ICC Certified Plans Examiner ................................................................................... $130 CASp Plans Examiner .............................................................................................. $135 § Shipping: There is no charge for courier or shipping services for plan reviews conducted off site. § Expedited Plan Reviews: Expedited plan reviews can be provided upon request. Fees for expedited plan review services will be 150% of the above noted hourly rates. § Mileage: Vehicle mileage utilized in the performance of inspection services will be billed at the current IRS vehicle mileage rate. JMD ENGINEERING COST PROPOSAL (DESIGN SERVICES SUB-CONSULTANT) CLASSIFICATION HOURLY BILLING RATE Design Engineer ........................................................................................................ $150 Associate Design Engineer ........................................................................................ $130 Traffic Associate ............................................................................................... $120-$130 Traffic Assistant ......................................................................................................... $110 COST PROPOSAL (LAND SURVEYING SERVICES SUB-CONSULTANT) CLASSIFICATION HOURLY BILLING RATE Principal-in-charge, PLS ............................................................................................ $270 Survey Manager, PLS ................................................................................................ $215 Project Surveyor, PLS ............................................................................................... $186 Field Coordinator ....................................................................................................... $170 Survey Technician ..................................................................................................... $143 2 Person Survey Party w/Equipment .......................................................................... $320 § These hourly rates are effective through December 31, 2023. The hourly rates thereafter are subject to an annual escalation of 3.00% on January 1st of each following year.
3 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects § Coast is signatory with Local 12, Operating Engineers, and will follow the Union rules concerning the payment of Regular Rates, Overtime Rates, and Double Time Rates. § Overtime rates are payable at 1.25 times the regular rate in effect at that time. § Double time rates are payable at 1.50 times the regular rate in effect at that time. § Costs for monuments, prints, research materials, and other incidental or special supplies will be billed at cost. NINYO& MOORE COST PROPOSAL (GEOTECHNICAL SERVICES SUB-CONSULTANT) See Ninyo & Moore Cost Proposal in the following pages.
Ninyo & Moore | City of Pico Rivera, On-Call CM and Inspection Serivces | 04-04368. | January 22, 2024 CA16 Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist .............................................. $ 250 Senior Engineer/Geologist/Environmental Scientist ................................................................................................ $ 235 Senior Project Engineer/Geologist/Environmental Scientist .................................................................................... $ 220 Project Engineer/Geologist/Environmental Scientist ............................................................................................... $ 210 Senior Staff Engineer/Geologist/Environmental Scientist ....................................................................................... $ 200 Staff Engineer/Geologist/Environmental Scientist ................................................................................................... $ 180 GIS Analyst ............................................................................................................................................................... $ 160 Technical Illustrator/CAD Operator .......................................................................................................................... $ 140 Field Staff
Certified Asbestos/Lead Technician ........................................................................................................................ $ 220 Field Operations Manager ........................................................................................................................................ $ 150 Nondestructive Examination Technician (UT, MT, LP) ........................................................................................... $ 145 Supervisory Technician ............................................................................................................................................ $ 140 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) ............................................. $ 135 Senior Technician ..................................................................................................................................................... $ 135 Technician ................................................................................................................................................................ $ 130 Administrative Staff
Information Specialist ............................................................................................................................................... $ 120 Geotechnical/Environmental/Laboratory Assistant .................................................................................................. $ 120 Data Processor ......................................................................................................................................................... $ 95 Other Charges
Concrete Coring Equipment (includes technician) .............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ............................................................................................ $ 190/hr GPR Equipment ................................................................................................................................................... $ 180/hr Inclinometer .......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) ............................................................................................................................... $ 25/hr Vapor Emission Kit ............................................................................................................................................... $ 65/kit Field Equipment ................................................................................................................................................... $ 12/hr X-Ray Fluorescence ............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................. $ 25/hr Air Sampling Pump .............................................................................................................................................. $ 10/hr Field Vehicle ......................................................................................................................................................... $ 15/hr Expert Witness Testimony ................................................................................................................................... $ 450/hr Direct Expenses ..................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.
Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the r
egular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.
Fi
eld te chnician and spe c ial inspection hours are ch arged at a 4-hou r minimum, and 8-hour minimum fo r hours exceeding 4 hours.
Invoices are payable upon receipt. A service charge of 1.5 percent per month may be ch ar ged on accounts not paid within 30 days.
Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.
Ninyo & Moore | 2021 Laboratory Testing
Schedule of Fees for Laboratory Testing
SOILS CONCRETE
Atterberg Limits, D 4318, CT 204 ............................................................. $ 170 Compression Tests, 6x12 Cylinder, C 39 ................................................... $ 35 California Bearing Ratio (CBR), D 1883 ................................................... $ 550 Concrete Mix Design Review, Job Spec ..................................................... $ 300 Chloride and Sulfate Content, CT 417 & CT 422 .................................... $ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI ............................... $ 850 Consolidation, D 2435, CT 219 ................................................................. $ 300 Concrete Cores, Compression (excludes sampling), C 42 ........................ $ 120 Consolidation, Hydro-Collapse only, D 2435 ........................................... $ 150 Drying Shrinkage, C 157 .............................................................................. $ 400 Consolidation – Time Rate, D 2435, CT 219 ........................................... $ 200 Flexural Test, C 78 ....................................................................................... $ 85 Direct Shear – Remolded, D 3080 ............................................................ $ 350 Flexural Test, C 293 ..................................................................................... $ 85 Direct Shear – Undisturbed, D 3080 ......................................................... $ 300 Flexural Test, CT 523 ................................................................................... $ 95 Durability Index, CT 229 ............................................................................ $ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................ $ 275 Expansion Index, D 4829, IBC 18-3 ......................................................... $ 190 Lightweight Concrete Fill, Compression, C 495 ......................................... $ 80 Expansion Potential (Method A), D 4546 ................................................. $ 170 Petrographic Analysis, C 856 ....................................................................... $ 2,000 Geofabric Tensile and Elongation Test, D 4632 ...................................... $ 200 Restrained Expansion of Shrinkage Compensation ................................... $ 450 Hydraulic Conductivity, D 5084 ................................................................. $ 350 Splitting Tensile Strength, C 496 ................................................................. $ 100 Hydrometer Analysis, D 6913, CT 203 ..................................................... $ 220 3x6 Grout, (CLSM), C 39 ............................................................................. $ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils .......................... $ 120 2x2x2 Non-Shrink Grout, C 109 ................................................................. $ 55 Moisture Only, D 2216, CT 226 ................................................................ $ 35 Moisture and Density, D 2937 ................................................................... $ 45 ASPHALT Permeability, CH, D 2434, CT 220 ........................................................... $ 300 Air Voids, T 269 ............................................................................................ $ 85 pH and Resistivity, CT 643 ........................................................................ $ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) ............................. $ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180 ....................... $ 220 Asphalt Mix Design Review, Job Spec ........................................................ $ 180 Proctor Density with Rock Correction D 1557.......................................... $ 340 Dust Proportioning, CT LP-4 ........................................................................ $ 85 R-value, D 2844, CT 301 ........................................................................... $ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382 .................... $ 250 Sand Equivalent, D 2419, CT 217 ............................................................ $ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 ........................ $ 150 Sieve Analysis, D 6913, CT 202 ............................................................... $ 145 Film Stripping, CT 302 .................................................................................. $ 120 Sieve Analysis, 200 Wash, D 1140, CT 202 ............................................ $ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .......................... $ 225 Specific Gravity, D 854 .............................................................................. $ 125 Marshall Stability, Flow and Unit Weight, T 245 ......................................... $ 240 Thermal Resistivity (ASTM 5334, IEEE 442) ........................................... $ 925 Maximum Theoretical Unit Weight, D 2041, CT 309 .................................. $ 150 Triaxial Shear, C.D, D 4767, T 297 ........................................................... $ 550 Moisture Content, CT 370 ............................................................................ $ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................ $ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 ............. $ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ....................... $ 35 0 Slurry Wet Track Abrasion, D 3910 ............................................................. $ 150 Triaxial Shear, U.U., D 2850 ..................................................................... $ 250 Superpave, Asphalt Mix Verifi cation (incl. Aggregate Quality) .................. $ 4,900 Unconfined Compression, D 2166, T 208 ................................................ $ 180 Superpave, Gyratory Unit Wt., T 312 .......................................................... $ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324 ................................. $ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308 ............................................. $ 100 Brick
Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 ........... $ 70 Voids in Mineral Aggregate, (VMA) CT LP-2 .............................................. $ 90 Brick Compression Test, C 67 .................................................................. $ 55 Voids filled with Asphalt, (VFA) CT LP-3 ..................................................... $ 90 Brick Efflorescence, C 67 .......................................................................... $ 55 Wax Density, D 1188 ................................................................................... $ 140 Brick Modulus of Rupture, C 67 ................................................................ $ 50 Brick Moisture as received, C 67 .............................................................. $ 45 AGGREGATES Brick Saturation Coefficient, C 67 ............................................................. $ 60 Clay Lumps and Friable Particles, C 142 .................................................... $ 180 Concrete Block Compression Test, 8x8x16, C 140 ................................. $ 70 Cleanness Value, CT 227 ............................................................................ $ 180 Concrete Block Conformance Package, C 90 ......................................... $ 500 Crushed Particles, CT 205 ........................................................................... $ 175 Concrete Block Linear Shrinkage, C 426 ................................................. $ 200 Durability, Coarse or Fine, CT 229 .............................................................. $ 205 Concrete Block Unit Weight and Absorption, C 140 ................................ $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ....................... $ 180 Cores, Compression or Shear Bond, CA Code ....................................... $ 70 Flat and Elongated Particle, D 4791 ............................................................ $ 220 Masonry Grout, 3x3x6 prism compression, C 39 .................................... $ 45 Lightweight Particles, C 123 ......................................................................... $ 180 Masonry Mortar, 2x2 cube compression, C 109 ...................................... $ 35 Los Angeles Abrasion, C 131 or C 535 ....................................................... $ 200 Masonry Prism, half size, compression, C 1019 ...................................... $ 120 Material Finer than No. 200 Sieve by Washing, C 117 .............................. $ 90 Masonry Prism, Full size, compression, C 1019 ...................................... $ 200 Organic Impurities, C 40 ............................................................................... $ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 ............... $ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 .................... $ 950 Chem
ical Analysis, A 36, A 615 ................................................................ $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ................... $ 475 Fireproofing Density Test, UBC 7-6 .......................................................... $ 90 Sand Equivalent, T 176, CT 217 ................................................................. $ 125 Hardness Test, Rockwell, A 370 ............................................................... $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 ........................................ $ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ................. $ 145 per assembly, A 325 ............................................................................. $ 150 Sodium Sulfate Soundness, C 88 ................................................................ $ 450 Mechanically Spliced Reinforcing Tensile Test, ACI ............................... $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .......................... $ 115 Pre-Stress Strand (7 wire), A 416 ............................................................. $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ............................... $ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 ..................... $ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 ........................ $ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI ...................... $ 80 Roofing Tile Absorption, (set of 5), C 67 ..................................................... $ 250 Roofing Tile Strength Test, (set of 5), C 67................................................. $ 250 Specia
l preparation of standard test specimens will be charged at the technician’s hourly rate.
Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.
EXHIBIT D
CITY COUNCIL POLICY 100-5
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 C osta 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
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 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;
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 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 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 spe cified 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.