Agenda packet — Palm Springs City Council, October 22, 2025 (part 2 of 6)

mJCONSUL
Item 1G - Page 103
T ANTS

BUILDING SOLUTIONS
QUALIFICATIONS OF STAFF FOR WORK TO BE DONE | Z&K has
carefully selected this “A-Team” and has committed our most qualified staff for the duration of the contract to deliver a successful Project. Z&K is proposing the same experienced team members that successfully managed similar traffic signal improvement projects. We have created unique staffing plan to meet the City’s needs and expectations for this Project. Our scope of work is well justified, and all key elements are included. This Team works efficiently and with great comradery with City staff to achieve the community's goals. Z&K works proactively and diligently with City staff to successfully deliver projects under budget while mitigating numerous unforeseen delays. We understand the vital importance of outreach in keeping the City and community informed. Our team members are multidisciplinary and have numerous licenses and certifications.

Our Team’s relevant experience allows them to provide overall administration of the construction process based on their unique ability to fully understand the construction process, work proactively to identify problems early, and to mitigate each risk before it affects the project performance goals. Z&K has thoroughly reviewed the Request for Proposal (RFP); we confirmed our team will provide all scope of work tasks as outlined in the RFP scope of services to ensure the success of the City’s Project. Z&K acknowledges our ability to meet potential project requirements listed under the scope of services.

We invite the City to reach out to our numerous references, who can attest to our professionalism, expertise, and ability to deliver results that exceed expectations. At Z&K, client satisfaction is not only a priority but also a cornerstone of our success. A signification portion of our work comes from repeat business from satisfied clients, which speaks volumes about the trust and confidence they have in our services. We understand the importance of fostering long-term relationships built on trust, transparency, and reliability. Our commitment to exceeding client expectations and delivering results that consistently meet their needs has enabled us to cultivate a loyal client base that continues to return to us for their engineering needs. This high rate of repeat business is a testament to our dedication to client satisfaction and the quality of our work.

FAMILIARITY WITH STATE AND/OR FEDERAL PROJECTS/PROCEDURES | Z&K has extensive experience working on federally funded projects requires in-depth knowledge of the Caltrans Local Assistance Procedures Manual (LAPM), the Caltrans Construction Manual, and other Federal Highway Administration (FHWA) requirements. All services will be performed in compliance with the industry and professional standards and all applicable federal, state, and local laws, ordinances, and regulations including the Americans with Disabilities Act (ADA), current California Building Code, and the rules and ordinances of the County of Riverside and the City of Palm Springs.

FORMAT AND ORGANIZATION OF PROPOSAL | Z&K Consultants has followed all RFP requirements and proposal format. The scope of work is well organized into logical tasks and subtasks to complete the City’s projects. Our proposed personnel have the ability to perform the services at a fair and reasonable/competitive fee schedule. The Z&K Team has significant local experience to the City and community, unmatched experience to perform Construction Management, Inspection, Labor Compliance, and Material Testing Services, and have highly skilled, multi-disciplined, and technical staff with extensive similar project experience.

The Z&K Team offers many unique strengths and advantages for this contract,including:
§ Z&K is a Disadvantaged Business Enterprise (DBE),
Women’s Business Enterprise (WBE), and Small
Business Enterprise (SBE).
§ Z&K Key Team Members have each completed over 40
traffic signal improvement projects.
§ Key Personnel possess all necessary licenses and
registrations required for this project.
§ Our proposed Senior Construction Manager and Senior
Construction/Traffic Signal Inspector have over 30 years of similar experience in traffic signal improvement
projects.
§ Z&K Team has already prepared constructability review comments, outlining critical elements to be top priority.

I will serve as the contact person for the full duration of the contract, and I am authorized to bind the firm to the terms of the proposal, negotiate a contract with the City, and execute legal documents on behalf of the firm. Z&K Consultants, Inc. does not have any exceptions and commits to accept the terms and conditions to in the RFP. By signing below, I attest that all information submitted with the proposal is true and correct. The proposal and cost proposal will remain valid for a period of not less than 120 calendar days from the date of submittal.

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mJCONSUL
Item 1G - Page 104
T ANTS

BUILDING SOLUTIONS

2. FIRM QUALIFICATIONS
The Z&K Team has successfully performed Construction Management, Inspection, Labor Compliance, and Material Testing Services for many projects for numerous public agencies. The following projects have been completed on time and within budget.

CITY OF CHINO | RAMONA AVE. AND WALNUT AVE. TRAFFIC SIGNAL MODIFICATIONS AND

STREET IMPROVEMENTS PROJECT
Z&K Consultants, Inc. has provided Construction Management and Construction Inspection services for a series of projects for the City of Chino Ramona Ave and Walnut Ave Traffic Signal Modifications Project. The project consisted of traffic signal improvements, street and pavement improvements, as well as traffic signal improvements, to a residential neighborhood and four arterial streets for one project, and intersection improvements and lane upgrades for the other. Improvements include street and pavement rehabilitation, intersection improvement, clearing and grubbing, slurry seal, cold mill and AC overlay, utility coordination, as well as electrical and lighting improvements, including traffic signal hardware replacement, pedestrian countdown signal hardware installation, replacement and testing of fiber optic communication equipment, boring inspection.

The scope also involved drainage improvements, landscaping improvements, AC base course, ARHM pavement, concrete repairs to curb, gutter, sidewalk, driveways, and replacing markings and striping on concrete and asphalt.

CITY OF CHINO | ST222 - KIMBALL/EL PRADO/CENTRAL TRAFFIC SIGNAL IMPROVEMENT PROJECT Z&K Consultants, Inc. has provided Construction Management and Construction Inspection services for a series of projects for the City of Chino Kimball/El Prado/Central Traffic Signal Improvement Project. The project consisted of traffic signal improvements, street and pavement improvements, as well as traffic signal improvements, to a residential neighborhood and four arterial streets for one project, and intersection improvements and lane upgrades for the other. Improvements include street and pavement rehabilitation, intersection improvement, clearing and grubbing, slurry seal, cold mill and AC overlay, utility coordination, as well as electrical and lighting improvements, including traffic signal hardware replacement, pedestrian countdown signal hardware installation, replacement and testing of fiber optic communication equipment, boring inspection.

The scope also involved drainage improvements, AC base course, ARHM pavement, concrete repairs to curb, gutter, sidewalk, driveways and driveway approaches, and replacing markings and striping on concrete and asphalt.

CITY OF CHINO | 11TH ST. TRAFFIC SIGNAL MODIFICAITONS, PAVEMENT RECONSTRUCTION ALLEY, AND

INTERSECTION ACCESSIBILITY PROJECT
Z&K Consultants, Inc. has provided Construction Management and Construction Inspection services for a series of projects for the City of Chino 11th Street Pavement Reconstruction Alley and Intersection Accessibility Project. The project consisted of traffic signal improvements, street and pavement improvements, as well as traffic signal improvements, to a residential neighborhood and four arterial streets for one project, and intersection improvements and lane upgrades for the other.

Improvements include street and pavement rehabilitation, intersection improvement, clearing and grubbing, slurry seal, cold mill and AC overlay, utility coordination, as well as electrical and lighting improvements, including traffic signal hardware replacement, pedestrian countdown signal hardware installation, replacement and testing of fiber optic communication equipment, boring inspection. The scope also involved drainage improvements, landscaping improvements, AC base course, ARHM pavement, concrete repairs to curb, gutter, sidewalk, driveways and driveway approaches, and replacing markings and striping on concrete and asphalt.

CITY OF CHINO | EUCLID AVENUE STATE RTE 83 INTERSECTION & TRAFFIC SIGNAL MODIFICATION PROJECT Z&K Consultants, Inc. has provided Construction Management and Construction Inspection services for a series of projects for the City of Chino Euclid Ave State Route 83 Intersection Improvements and Traffic Signal Modification Project. The project consisted of traffic signal improvements, street and pavement improvements, as well as traffic signal improvements, to a residential neighborhood and four arterial streets for one project, and intersection improvements and lane upgrades for the other. Improvements include street and pavement rehabilitation, intersection improvement, clearing and grubbing, slurry seal, cold mill and AC overlay, utility coordination, as well as electrical and lighting improvements, including traffic signal hardware replacement, pedestrian countdown signal hardware installation, replacement and testing of fiber optic communication equipment, boring ü Railroad Coordination
(UPRR)
ü CC Cross Walks, Curb
Ramps, Intersections,
Curb, Cross Gutters,
Driveways, Bus Pads
ü Sewer Main/Lateral
Replacement ü Traffic Signal Mod
ü Signing & Striping
ü AC Pavement
ü Monument Signs
ü Pavement Rehabilitation
ü Decorative Sidewalk
Extensions/Bulb Outs ü Lighting Improvements
ü Landscaping & Irrigation
ü Railroad Coordination
Our Projects include the following similarities to the City of Palm Spring’s Project:
ü Administration of Construction
Contract
ü Monitoring Work Progress ü Electrical and Civil Inspection ü Construction Surveying Review
ü Modifying Traffic Signals for
Improved Visibility Installation of
Advanced Dilemma Zone Detection
ü Protected Left-Turn Phases
ü Pedestrian Countdown Heads
ü Replacing Curb Ramps at the
Project Intersections
ü Traffic Safety ü Construction Management
ü Labor Compliance Monitoring
and Enforcement
ü Inspection Services
ü Material Testing Services
ü Caltrans Local Assistance
Procedures Manual (LAPM)
ü Caltrans Construction Manual
ü FHWA Requirements
ü Federal Funding
Federally Funded
Project administered
through Caltrans with
LAPM Requirements
Federally Funded
Project administered
through Caltrans with
LAPM Requirements
Federally Funded
Project administered
through Caltrans with
LAPM Requirements
Federally Funded
Project administered
through Caltrans with
LAPM Requirements

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inspection. The scope also involved drainage improvements, landscaping improvements, AC base course, ARHM pavement, concrete repairs to curb, sidewalk, driveways, and replacing markings and striping on concrete and asphalt.

CITY OF LAKE FOREST | STREET RESURFACING PROJECT
The Z&K Team is providing Construction Management, Construction Inspection, PreConstruction Inspection, and Contract Administration Services for these projects, which involves the street resurfacing of Glenn Ranch Road from Portola Parkway to El Toro Road, as well as the slurry seal of and arterial slurry seal of Jeronimo and Muirlands from Los Alisos to Bake. Relevant project features include street resurfacing and rehabilitation, application of slurry seal, grinding and overlay, cold milling, concrete improvements, ARHM pavement, AC base course, aggregate base, signing, striping, markings and pavement legends, removal and replacement of PCC curb ramps, removal and replacement of PCC sidewalk, bike lane traffic loops, Type E traffic loops, dig-outs, sewer and storm drain manhole adjustments, and water valves adjustments.

JURUPA ROAD / UNION PACIFIC RAILROAD GRADE SEPARATION | JURUPA VALLEY, CA The Z&K Team is performing Construction Management Services for this project as a major subconsultant. The Jurupa Road Grade Separation project in Jurupa Valley involves constructing a new four lane underpass on Jurupa Road, a new bridge on Van Buren Boulevard, as well as a new Union Pacific Railroad bridge. The underpass will improve safety and traffic circulation by separating train traffic from vehicles, pedestrians, and cyclists. This project consists of constructing a railroad grade separation of the existing Union Pacific Railroad line at the crossing of existing Jurupa Road. The depression of Jurupa Road under the existing UPRR Mainline will result in lowering Felspar Street to the east of Jurupa Road. The improvement will include the construction of roadway bridge for Van Buren Boulevard, a railroad bridge for UPRR tracks, a temporary railroad shoofly, temporary shoring systems, retaining walls, storm drainage system, pump station, landscaping, roadway improvements, traffic signals, street lighting, utility relocations along with associated removals and protection of existing facilities. A portion of the roadway along Jurupa Road will be waterproofed and dewatering is expected to be necessary for its construction.

The UPRR Underpass Bridge over the roadway will accommodate two mainline tracks, a siding track and an industrial spur track and will have width to accommodate a future track. Other project elements include the construction of Connector Road to provide access between Jurupa Road and Van Buren Boulevard, the extension of 52nd Street between Felspar Street (S) and Van Buren Boulevard, the widening Van Buren Boulevard to accommodate the two new intersections and the widening of Rutile Street between Van Buren Boulevard and Galena. The project also includes grading of shoulders, placement of asphalt concrete dike, asphalt concrete driveways, multi-use trail, and safety edge, installation of striping, pavement markers, reflectors and roadway signs, construction of concrete curb and gutter, driveways and curb ramps, and construction detours, removing and replacing thermoplastic crosswalk, pavement markings, painted traffic, stripes, and raised pavement markers. Client/Owner: Riverside County Transportation Department. Start Date /Completion Date: 2021 – On-going. Construction Cost: $68M
I-215/VAN BUREN INTERCHANGE PROJECT | RIVERSIDE, CA
Z&K Team provided construction management, resident engineering and construction inspection services as a major subconsultant to the Prime to the Riverside County Transportation Department (RCTD) on the I-215/Van Buren Boulevard Interchange Improvements Project. The Riverside County Transportation Department (RCTD), in cooperation with the California Department of Transportation (Caltrans), March Joint Powers Authority (MJPA), and Riverside County Transportation Commission (RCTC), issued a construction contract to improve the I-215/Van Buren Interchange to accommodate the recent increase in traffic volumes and to facilitate future growth. The reconfiguration of the existing tight diamond interchange included the addition of a new eastbound to northbound entrance ramps, realignment and widening of Van Buren Boulevard, replacement of the existing bridge structures over the railroad and freeway, minor realignment of southbound I-215, and widening on Van Buren Blvd. and I-215 Freeway between Cactus Ave and Harley Knox. Work outside the interchange involved the addition of a traffic signal and street lighting, lighting at the northbound ramps, auxiliary lanes along I-215 between Van Buren Boulevard and Cactus Avenue, and acceleration/deceleration lanes south of Van Buren Boulevard. Various aesthetic treatments were proposed on the bridge structures, retaining walls, and decorative landscaping to reflect the area’s military influence. Budget/No claims/Excellent Public Outreach. Relevant Features:

Bridge, overcrossing, roadway widening, roadway improvement, street improvements- signalized intersections, Roadway widening, new alignment, new ramps, Freeway widening, concrete paving, (AC, JPCP, CRCP), Acceleration/deceleration lanes, Drainage systems improvement / reconstruction, CIP-PS box girder bridge (single span), CIP-PS-Box Girder Bridge, AC, JPCP freeway lane widening/ramps & ramp terminals, driven piles & Abutments, new alignment, guard rail installation, construction staging, and traffic control.

CITY OF COSTA MESA | CITYWIDE PARKWAY MAINTENANCE, STREET REHAB, & SLURRY SEAL PROJECT Z&K Consultants, Inc. is providing Construction Management, Project Management, and Construction Inspection Services for this citywide street improvement program in the City of Costa Mesa. This project includes street improvements, intersection improvements, ADA ramp improvements, conduit installation, traffic signal improvements, mobilization, curb and gutters, sidewalks, driveway approaches, spandrels, cross gutters, adjustment of manholes and utility covers to grade, procurement and application of slurry seal Type II, crack sealing, traffic signing, striping and markings, installation of traffic markers and speed humps, and implementation of traffic control.

CITY OF MORENO VALLEY | CITYWIDE PAVEMENT REHABILITATION PROGRAM FISCAL YEARS 2026/27 TO 2030/31 (ARTERIAL AND COLLECTOR STREETS)
The Z&K Team is performing Construction Management, Construction Inspection, and Labor Compliance for this street improvement project. This $19M street improvement project included slurry seal, pavement resurfacing, reconstruction of Federally Funded
Project administered
through Caltrans with
LAPM Requirements
Federally Funded
Project administered
through Caltrans with
LAPM Requirements
Federally Funded
Project administered
through Caltrans with
LAPM Requirements

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access ramps, spandrels, sidewalk, curb and gutter, crosswalks, bike lanes, local pavement repairs, striping, signage, camera detector installation, landscaping and irrigation, cold mill and overlay, and full depth AC replacement. This project required extensive traffic control and coordination with school districts.

CITY OF SAN BERNARDINO | STREET REHABILITATION PROGRAM (30+ MAJOR CITY STREETS) Z&K Consultants, Inc. is providing Construction Management and Inspection Services for this long-term, on-call contract with the City of San Bernardino, which includes street resurfacing and pavement rehabilitation for over 30 major streets and multiple major street intersections in the City. Z&K personnel performs constructability reviews of the project plans and specifications prior to the bid release, and full-service construction management and construction inspection for preconstruction, construction, and project closeout of all major City streets. The projects include roadway and pavement rehabilitation, concrete improvements, cross gutters, curb and gutters, curb ramps, ADA improvements, traffic signal improvements, traffic control, full depth removal and replacement of asphalt concrete, cold milling and AC overlay of existing asphalt concrete, replacement of existing PCC driveways, driveway approaches, curb ramps, installation and configuration of multiple traffic loop detectors and bicycle traffic loop detectors, installation of city project signs, adjusting manhole and utility covers to grade, reconfiguration and installation of street lighting, and markings and striping.

CITY OF COMPTON | ANNUAL RESIDENTIAL STREET REHABILITATION PROJECT, PHASEs 1 & 2A Z&K Consultants, Inc. is providing Construction Management, Inspection, and Labor Compliance services for this Project.

The scope of work consists of roadway and pavement rehabilitation, concrete improvements, asphalt overlay, construction staging, heavily travelled intersections, traffic control, clearing and grubbing, SWPPP preparation, cold mill and overlay, PCC sidewalk, manholes and utility covers, speed humps, pedestrian crossings, ADA improvements, slurry seal application, HMA pavement, ARHM overlay, AC base course, aggregate base, full depth AC slot pavement, alley intersection, driveway and driveway approach, landscaping, irrigation, adjusting manhole and utility covers to grade, water valve, water meter, street lighting, traffic signal modification, adjustment of streetlight and traffic signal pull boxes to grade.

CITY OF ALHAMBRA | FY 19-20 & 20-21 STREET REHABILITATION PROJECTS The Z&K Team is performing Project Management, Construction Management, Construction Inspection, and Labor Compliance Services for this project, which consists of the pavement and street rehabilitation of 23 local street segments located south of Mission Road, west of Garfield Avenue, east of Atlantic Boulevard, and north of Valley Boulevard.

Improvements include street resurfacing, slurry seal treatment, varying depths of cold mill and overlay, construction staging, full depth removal and reconstruction, concrete improvements such as removal and replacement of broke and off-grade sidewalk, ADA ramps that need updating, broke and off-grade curb and gutter, PCC sidewalk, installation of loop detectors, adjustment of manhole covers and utility covers to grade, driveway aprons in need of repairs, and concrete cross gutter reconstruction. (Two Separate Projects)
CITY OF IRWINDALE | 2021-2022 RESURFACING PROJECT: RESIDENTIAL RESURFACING PHASE I Z&K provided Construction/Project Management and Inspection for this project. The project included street resurfacing, traffic control, raised crosswalks, speed humps, cold milling and AC overlay of existing asphalt concrete, construction of new curb and gutter, PCC sidewalk, installation and configuration of multiple traffic loop detectors, installation of city project signs, preservation of existing city survey monuments, adjusting manhole and utility covers to grade, installation of pavement markings and striping. Related work includes mobilization, traffic control, utility coordination, construction management.

CITY OF TORRANCE | RESIDENTIAL & ARTERIAL PAVEMENT IMPROVEMENT PROJECT, I-159/I-139 Z&K Consultants, Inc. is providing Project Management, Construction Management and Construction Inspection services for this project, which consists of pavement improvements to a residential neighborhood and four arterial streets.

Improvements include roadway and pavement rehabilitation, concrete improvements, cross gutters, curb and gutters, curb ramps, ADA improvements, clearing and grubbing, application of slurry seal, cold mill and AC overlay, removal and disposal of existing pavement, localized pavement repairs, as well as tree removals and replacements, asphalt berm replacement, AC base course, PCC sidewalk, PCC driveways and driveway approaches, access and ramps, replacing pavement markings and striping on concrete and asphalt, and installation of raised pavement markers and City project signs.

CITY OF SAN MARINO | STREET REHABILITATION PROGRAM (PHASES 1 & 2) The Z&K Team provided Construction Management, Construction Inspection, Project Management, Labor Compliance, and Material Testing Services for this project which consisted of citywide roadway pavement rehabilitation. These were two separate projects. The program’s improvements included construction of roadway and pavement rehabilitation, concrete improvements, cross gutters, curb and gutters, curb ramps, guardrails, ADA improvements, cold-milling asphalt concrete pavement and re-paving with hot mix asphalt (HMA) and asphalt rubber hot mix (ARHM), clearing and grubbing, localized pavement repairs, replacing impacted traffic striping, markings, pavement legends, loop detectors, curb painting, driveways and driveway approaches, installing speed humps, adjusting utility frames and grates, inspection and replacement of sewer manholes, water valves, preparation and implementation of SWPPP, and providing temporary traffic control.

Additional Projects:
» Pavement and Sidewalk Rehabilitation of 10 City Streets (City of San Bernardino) » Infill Housing Sidewalk and Street Improvements Of 5 Major Streets (City of San Bernardino) » Sidewalk and Street Improvements of 11 Major Streets (City of San Bernardino) » Sidewalk Gap Closure Safe Routes to School, Project No. 13288 (City of San Bernardino) » CDBG Local Streets Rehabilitation Project (City of Norwalk) » Walnut Grove Street Resurfacing Project (City of Rosemead) » Alley Rehabilitation Project Phase I, II, and III from Chino Ave to B Street (City of Chino) » Farmer Boys Street and Traffic Signal Improvement Project (City of Chino)

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3. ORGANIZATION CHART
Key to Project Success: A Highly Qualified and Well-Managed Team: The cornerstone of a successful project is a highly qualified and well-managed team. We present to the City a cohesive, talented team of licensed and certified professionals.

Our team members are recognized leaders in the industry and will seamlessly integrate with City Staff. Our Construction Management and Inspection professionals are dedicated to the following key objectives:
• Delivering High-Quality Services and Project
Deliverables: Ensuring the highest standards in all
aspects of the project.
• Time and Budget Efficiency: Adhering to project
schedules and budgets without compromising quality.
• Adherence to Quality Assurance Standards:

Maintaining rigorous quality assurance protocols
throughout the project lifecycle.
• Constant Communication: Ensuring continuous, clear,
and open communication with all stakeholders.
• Application of Technical and Practical Expertise:

Utilizing extensive industry knowledge and practical
experience to achieve project goals.
• Compliance with Licensing, Training, and
Experience Requirements: Meeting all the specific
requirements outlined in the RFP
ZT CONSULTING (SOURCE INSPECTION) | ZT Consulting Group Inc. (ZTC) is a consulting engineering firm that is specialized in providing quality assurance and source inspection/audit support services. The majority of our staff has served and completed numerous public projects within the State of California over the past decade.

We understand the requirements, challenges, and objectives of public projects. ZTC is experienced in the development and implementation of local agency specific Quality Assurance Program (QAP) or project specific Quality Management Plan (QMP) and Source Inspection Quality Management Plan (SIQMP). ZTC is a certified Small Business (SB) with Metroand registered with the State of California Department of General Services.

CONVERSE CONSULTANTS (GEOTECHNICAL & MATERIAL TESTING) | In 1946, Professor Frederick J.

Converse established Converse Consultants in Pasadena, California to provide the construction industry with geotechnical engineering and geological services. Converse is an employee-owned corporation, with 9 offices and more than 150 employees throughout the United States. Their professional and technical staff includes in-house geotechnical engineers, engineering geologists, environmental scientists, deputy inspectors, laboratory and field technicians, drafting/CAD specialists, and other specialized support personnel. Their laboratories are certified by the DSA, Caltrans, US Army Corps of Engineers, AASHTO, and the CCRL.

4. RESIDENT ENGINEER & PROJECT TEAM
Team Interaction with City Staff:

Our proposed project team will interact closely with City staff through the following mechanisms:
• Regular Meetings: Weekly construction progress meetings will be held with all stakeholders, including City staff.

These meetings will provide a platform to discuss procedures, progress, problems, and scheduling. • Communication Protocols: Establishing clear communication protocols to ensure all project updates, issues, and milestones are promptly shared with City staff. This will include scheduled status updates, progress reports, and immediate notifications of any issues that arise.
• Collaborative Tools: Utilizing collaborative tools and platforms, such as project management software, shared online workspaces, and real-time communication channels, to share updates, documents, and reports efficiently. • Responsive Support: Ensuring that our team is available for on-demand consultations and support, addressing any concerns or questions from City staff promptly. We will provide dedicated points of contact to facilitate quick and effective communication.
• Integrated Project Management: Our Senior Construction Manager/Resident Engineer, Zack Faqih, will coordinate all elements of the construction management services, ensuring seamless interaction and integration with City staff.

He will act as the central point of contact, ensuring that all project activities are aligned with the City’s expectations and requirements.

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~ ZT CONSULTING
Crystal ~ Fraire, PE, QSD/P
~
Converse Consultants
(Subconsultant)
~
ZT Consulting
(Subconsultant)
Senior Construction
M /R "d t E •
Zack Faqih PE, MSCE, CBO,
QSD/P •
Senior Construction/Traffic
s· 11 ct
Thomas Russell, Journeyman
Electrician •
Jimmy Martin, ACI, ICC Cert. (Alt.)
P • t M /Offi E •
Brittany Duhn, PE, QSD/P •
• Key
~
Personnel
~
Amber Garcia •
• Stakeholder Engagement: Maintaining open communication with property owners and business owners to address concerns and provide updates on the project. This includes regular community outreach efforts, informational meetings, and accessible contact points for stakeholders to voice their concerns.

The core team will be organized to address the City’s needs efficiently:
• Principal in Charge: Crystal Fraire, PE, QSD/P will oversee the entire project, ensuring high standards of quality and compliance.
• Resident Engineer: Zack Faqih, PW, MSCE, QSD/P, CBO, ICC Certified will coordinate all construction management activities, ensuring smooth execution of the project. • Project Manager/Office Engineer: Brittany Duhn, PE, QSD/P will manage project files, process progress payments, and coordinate project activities.
• Senior Construction/Traffic Signal Inspectors: Thomas Russell and Jimmy Martin will conduct inspections, review improvement plans, and ensure compliance with project specifications. • Labor Compliance Officer: Amber Garcia will handle all labor compliance aspects, ensuring adherence to prevailing wage laws.

Subconsultants:
• ZT Consulting (Source Inspection): Specialized in quality assurance and source inspection, ZT Consulting will conduct all necessary inspections to ensure compliance with project specifications and Caltrans standards. • Converse Consultants (Geotechnical & Material Testing): Providing geotechnical and material testing services, Converse Consultants will ensure all materials meet the required standards.

This “A-Team” has worked together on multiple contracts, demonstrating great synergy and effective collaboration. All key members are local to the area and are committed to improving their community. We are confident that our proposed team will provide outstanding customer service and cost savings for the City.

KEY PERSONNEL BIOS
Z&K has carefully selected this "A-Team" and has committed our most qualified staff for the duration of the contract. The project team is committed 100% to this contract and all proposed personnel will be available to perform the requested services as required by the City. Our staff will deploy efforts as the project schedule and construction activities dictate. We will reallocate staff hours, when possible, for cost savings to the City. By using highly qualified multi-disciplined inspectors, we are able to provide a cost of service well under industry standard.

Zack Faqih, MSCE, PE, QSD/P, CBO | Senior Construction Manager/Resident Engineer Zack has more than 32 years of construction and project management experience in both private and public sectors. Zack served as a Project Manager/Construction Manager/Resident Engineer and designer on numerous highway and roadway projects within Caltrans right-of-way, including many over the Santa Ana River. Zack has successfully delivered over 40 intersection improvement and traffic signal modification projects administered by Caltrans. He has demonstrated expertise in all aspects of project and construction management through a wide range of responsibilities including budget analysis, contract negotiations, dispute resolution board, schedule development and assessment, constructability reviews, bid document review, schedule management, CEQA/NEPA, project closure documentation, stakeholders and team coordination,

STAFFING CHART
Traffic Signal ModificatoinsCaltrans District 8 ExperienceIntersection Improvement ProjectsAdvanced Dilemma Zone DetectionProtected Left-turn PhasesPedestrian Countdown HeadsReplacing Curb RampsFederally Funded ProjectsVideo Detection CamerasPoles and FoundationsConduit and Conductor CablesPotholingSigning and StripingCommunity OutreachConstruction DocumentationConstruction ManagementLabor Compliance Project Close Out Zack Faqih, PE, MSCE, QSD/P, CBO, ICC Cert.

Senior Construction Manager/Resident Engineer ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Thomas Russell, Journeyman Electrician
Senior Construction/Traffic Signal Inspector ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Brittany Duhn, PE, QSD/P
Project Manager/Office Engineer ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Jimmy Martin, ACI, ICC Certified
Senior Construction/Traffic Signal Inspector (Alternate) ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Amber Garcia
Labor Compliance Officer ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü

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quality control, quality assurance, inspection, and management of the flow of information between project members and stakeholders. His unique background in contracting and general construction, coupled with his many assignments serving as the owner’s representative and numerous professional licenses and ICC certifications, gives Zack a very unique perspective and skill set that is the basis of his highly successful history of project delivery. Zack has extensive experience managing multiple projects requiring interfacing and coordination with Caltrans, counties, funding agencies, FederalFHWA/BIA, railroad and utility companies, and environmental and regulatory agencies.

Mr. Faqih has thorough knowledge Caltrans systems and procedures, Caltrans audits, Caltrans standard plans specs, and manual.

Similar Projects Include:
• Ramona Ave. and Walnut Ave. Traffic Signal Modifications and Street Improvements Project, Chino, CA • Kimball/El Prado/Central Traffic Signal Improvement Project, Chino, CA • County of Riverside: I-215/Van Buren Interchange Improvement, Riverside & Moreno Valley, CA • Ramona Ave. And Walnut Ave. Traffic Signal Modifications and Street Improvements Project, Chino, CA • Moulton Parkway Bridge at Aliso Creek, City of Laguna Hills, CA • River Road Bridge Replacement, (Riverside County Transportation Department), Norco and Eastvale, CA • I-159/I-139 & Anza/Vista Montana/Pacific Coast Highway Intersection Improvement Project & Residential & Arterial Pavement Improvement, Torrance CA
• 11th St. Traffic Signal Modifications, Pavement Reconstruction Alley, And Intersection Accessibility Project, Chino CA • Euclid Avenue – State Route 83 Intersection Improvements and Traffic Signal Modification Project, Chino, CA • 16th, 17th, & 18th St. Between Tronkeel Ave. and Tangerine Ave. Street Widening Project, Chino, CA • Hamner Avenue Bridge Over The Santa Ana River, Norco, California

LICENSES & REGISTRATION
» Professional Engineer, P.E. State of California, C57958 » Certified Accessibility Inspector/Plans Examiner
» Certified Building Official, C.B.O., CABO, ICC #3741
» Certified Plans Examiner, I.C.B.O., #1020345-60
» Certified Mechanical Inspector, I.C.B.O. #1020345-40
» Certified Plumbing Inspector, I.C.B.O. #1020345-30
» Certified Electrical Inspector, I.C.B.O. #1020345-20
» SWPPP (QSD) & (QSP) #22055
» OSHA 30 Hour Certification
» State Certified HERS Rater
» Certified Emergency Inspector
» C.G.B.P Certified Green Building Inspector
» Certified Special Inspector for Fire Proofing
» Certified Special Inspector for Structural Welding
» Certified Special Inspector for Structural Steel
» Certified Special Inspector for Reinforced Concrete
Tommy Russell, Journeyman Electrician | Senior Construction/Traffic Signal Inspector Mr. Russell has over 25 years of experience in construction management, construction inspection, contracting, quality control, and management of large-scale public works capital improvement projects, traffic signal, intersection improvements, street rehabilitation projects, slurry seal projects, and heavy civil projects and has successfully delivered over 60 Traffic Signal
Improvement and Intersection Improvement Projects and
over 40 federally funded Caltrans administered projects. Mr.

Russell is experienced in reviewing RFI’s, submittals, and contract change orders. He provides all required government permits and coordinating required inspections. He will bring his expertise, lessons learned, and specified knowledge to this important project. Mr. Russell has extensive experience providing inspection for traffic signal improvement project and has worked on numerous projects within Caltrans right-ofway.

Similar Projects Include:
• Foothill/Eastern SR 133/261/241 Transportation Corridor Toll Roads, Orange County, CA ($2.8B) • Interstate Route I-405 / SR- 55 HOV Interchange Improvement, Orange County, CA ($430M) • Interstate Route I-210 Extension Bridges @ Towne Ave/Mountain Ave/Indian Hill Blvd. Overcrossings ($15M) • Interstate Route I-215 / SR-60 Interchange Widening, Orange County, CA • Interstate Route I-405 / Jeffrey Rd and Culver Dr Freeway On-Off Ramps, Orange County, CA ($9M) • Irvine Great Park Neighborhood Traffic, Mobility, Street Rehabilitation Capital Improvement Projects, Irvine, CA ($15M) • Alton Parkway Extension Orange County Public Works Project, Orange County, CA ($22M) • Cow Camp Road Phase 2 - Orange County Public Works Project, Orange County, CA ($35M) • Kimball/El Prado/Central Traffic Signal Improvement Project, Chino, CA Jimmy Martin, ACI, ICC Certified | Senior Construction/Traffic Signal Inspector (Alt.) Mr. Martin has more than 27 years of construction management and inspection experience on major capital improvement
projects and is a certified ICC and ACI. Jimmy has been performed senior construction inspection services for various projects including pavement rehabilitations, traffic signal improvements, slurry seal projects, roadway widenings,
intersection improvements, new intersections, bridges,
interchanges, street improvements, traffic signal modifications, Mr. Russell has
completed over 60
similar projects and
over 40 federally
funding Caltrans
administered projects.

Zack has over 32 years
of experience directly
managing over 40
similar federally funded
projects administered
through Caltrans.

Mr. Martin has
completed over 20
similar projects and
over 25 federally
funding Caltrans
administered projects.

Page 8 of 20 ends

retaining walls, sound walls, MSE walls, sewer pipeline projects, water pipeline projects, water treatment facilities, wastewater treatment facilities, pipeline projects, and lift stations and has successfully delivered over 20 Traffic Signal Improvement and Intersection Improvement Projects and over 25 federally funded Caltrans administered projects Jimmy’s public works inspection responsibilities include the ability to review improvement plans, inspect public improvements construction, negotiate and administer contracts, and prepare and maintain a variety of reports. Jimmy values safety as a top priority and is acutely aware of security protocol and adherence to regulatory requirements. Jimmy proficiently surveys, inspects and evaluates production environments to determine fulfillment of safety and security standards. Jimmy possesses strong leadership capabilities that consistently lead to project productivity and profitability. His ability to supervise various levels of personnel and increase each team member’s performance contribute to the overall success of program goals and client satisfaction. His proven track record of meeting company and agency objectives are direct results of his team-oriented, dependable and professional approach.

LICENSES & REGISTRATION
» ICC Soils Special Inspector
» ICC Reinforced Concrete Inspector
» Caltrans Various Certifications » Nuclear Gauge
Certification
» ACI Field Technician Grade 1 » 30 Cal/OSHA
» Confined Space Training
» Traffic Control Technician and Traffic Control Flagger » Certified California Journeyman Laborer (AGC)
» Pervious Concrete Technician (NRMCA)
» Carpentry
» Cement Mason
» Fall Protection
» Traffic Control Safety
Similar Projects Include:
• Ramona Ave. and Walnut Ave. Traffic Signal Modifications and Street Improvements Project, Chino, CA • Ramona Ave. And Walnut Ave. Traffic Signal Modifications and Street Improvements Project, Chino, CA • Citywide Parkway Maintenance, Street Rehabilitation and Slurry Seal Project, No. 21-03, Costa Mesa, CA • I-159/I-139 & Anza/Vista Montana/Pacific Coast Highway Intersection Improvement Project, Torrance CA • 11th St. Traffic Signal Modifications, Pavement Reconstruction Alley, And Intersection Accessibility Project, Chino CA • Euclid Avenue – State Route 83 Intersection Improvements and Traffic Signal Modification Project, Chino, CA • 16th, 17th, & 18th St. Between Tronkeel Ave. and Tangerine Ave. Street Widening Project, Chino, CA Brittany Duhn, PE, QSD/P | Project Manager/Office Engineer: Ms. Duhn has extensive experience in project management, office engineering, contract administration, document control, labor compliance oversight, and construction management, and has successfully delivered over 15 traffic signal improvement projects and over 30 federally funded Caltrans administered projects, involving street improvements, intersection improvements, ADA ramp improvements, bike lanes and bike trails, conduit installation, traffic signal improvements, asphalt overlay, construction staging, traffic control, clearing and grubbing, SWPPP preparation, coldmill and overlay, manholes and utilty covers, loop detectors, PCC sidewalk, and pedestrian crossings.

These are great testaments of Ms. Duhn’ managerial and oversight project experience. She gained tremendous experience in the design, operations, and maintenance by working closely with various stakeholders. Ms. Duhn has thorough knowledge of submittals, RFIs, and CCO review, project filing, daily reporting, quantity tracking, and project coordination. She is experienced in developing and maintaining project files, processing progress payments, and maintaining various logs, including submittals, RFIs, and correspondences.

Amber Garcia | Labor Compliance Officer Ms. Garcia has extensive labor compliance experience. Ms. Garcia will perform labor compliance reviews in accordance with the Department of Industrial Relations (DIR). She will ensure the inspectors will conduct weekly field interviews with workers from each labor trade to verify that actual prevailing wages and fringe benefits distributed to workers follow applicable laws and certified payroll reports submitted by the contractor and subcontractors. She will request certified payroll reports and receipts of submission of certified payroll to the DIR from the contractor and subcontractors on a monthly basis. Ms. Garcia will perform a detailed review of certified payroll and will submit verification to the City along with the monthly progress payment reports.

This “A-Team” has worked together in this same capacity on multiple contracts. In addition to their extensive project specific experience, this team has great synergy and works very well together as well as with City Staff. All above key members are local to the area and are excited about the opportunity to improve their community. We are confident that our proposed “A-Team” will provide outstanding customer service and cost savings for the City.

Page 9 of 20 ends

5. GENERAL APPROACH TO PROVIDING THE SCOPE OF WORK
Our approach to providing the services described in this RFP is comprehensive, structured, and tailored to meet the specific needs of the HSIP Cycle 9 Traffic Signal Modifications project. Below is a detailed outline of our approach to each task, identifying subconsultants where applicable:

PROJECT INITIATION AND PLANNING
Kickoff Meeting: Schedule and chair a kickoff meeting with City representatives, inspectors, design engineers, and other stakeholders to discuss the work plan and special concerns.

Field Walk: Conduct a field walk with inspectors, design engineers, and City representatives to familiarize the team with the project site and scope.

Work Plan Development: Develop a detailed work plan outlining key tasks, milestones, responsibilities, and timelines.

CONSTRUCTION MANAGEMENT AND OVERSIGHT
Field Office Management: Staff and maintain a consultant- provided field office for the duration of the construction.

Ensure the field office is equipped with necessary tools and technology to support project management and
communication needs.

Permit Review: Review all project permit requirements thoroughly to ensure compliance with local, state, and federal regulations. Coordinate with the relevant authorities to secure any additional permits required during the
construction phase.

Coordination of Activities: Provide continuous
coordination of project activities, preparing necessary reports and documents for City review and action. Ensure all project activities are aligned with the schedule and
milestones.

Contract Administration: Administer the construction
contract in conformance with the project plans and
specifications, including Caltrans and City requirements.

Manage all RFIs, submittals, and change orders in
coordination with the Contractor and Design Engineers. Subconsultants: Engage Converse Consultants for materials testing and ZT Consulting for source inspection.

QUALITY ASSURANCE AND CONTROL
Materials Testing: Implement the Quality Assurance Program (QAP) for materials testing and inspection.

Converse Consultants will conduct all required materials tests in certified laboratories.

Source Inspection: ZT Consulting will perform source inspections as required for Caltrans traffic signal projects.

This includes inspecting and verifying the quality of
materials and equipment at the source to ensure they meet project specifications before delivery to the site.

Inspection Coordination: Our in-house team will perform all necessary inspections and monitor compliance with project specifications and regulatory standards.

Surveying: Our in-house team will provide all construction surveying services required by the project specifications.

Document Control: Maintain a comprehensive record of all project documents, including contracts, drawings, specifications, and change orders.

SCHEDULE AND COST MANAGEMENT
Schedule Monitoring: Review and analyze the Contractor’s schedule weekly. Work with the Contractor to maintain the project schedule and suggest revisions as
needed.

Cost Tracking: Track project expenditures against the budget, review Contractor invoices, and manage change orders to minimize budget overruns.

RISK AND SAFETY MANAGEMENT
Risk Assessment: Conduct regular risk assessments to identify potential project risks and develop mitigation strategies.

Safety Program: Implement a comprehensive safety program, conduct regular safety audits, and provide safety training to ensure a safe working environment.

COMMUNICATION AND REPORTING
Progress Meetings: Conduct weekly construction progress meetings with all stakeholders to discuss procedures,
progress, problems, and scheduling. Prepare and distribute meeting minutes.

Weekly Newsletter: Provide a Weekly Newsletter
summarizing project progress, details of work completed, and upcoming work, including captioned aerial and site
photos. An example of our Weekly Newsletter is included in Appendix A.

PROBLEM IDENTIFICATION AND RESOLUTION
Identification: Regularly monitor project progress through site inspections and the Project Control System (PCS).

Utilize the PCS to flag deviations from the project plan, allowing for early detection of potential issues. Encourage open communication among project team members to
identify problems promptly.

Resolution approach: Approach includes Analysis:

Thoroughly analyze the identified problem to understand its root cause; Consultation: Engage relevant stakeholders, including City staff, Contractors, and consultants, to discuss potential solutions; Implementation: Develop and implement an action plan to resolve the issue, ensuring minimal
disruption to the project timeline; and Documentation:

Document the issue and the resolution process for future reference and continuous improvement.

Handling Unforeseen Problems: In past projects, our
team effectively handled unforeseen issues like unexpected underground utilities through the following strategies:

Rapid Response Team: Assemble a team of experts to
assess the situation immediately. Conduct a thorough site investigation to understand the scope of the problem.

Alternative Solutions: Propose alternative solutions to stakeholders and select the most feasible option. Evaluate the impact of each solution on the project timeline and budget.

Adaptive Planning: Adjust the project plan and
communicate changes to all stakeholders to ensure
everyone is informed. Implement the chosen solution and monitor its effectiveness closely.

By employing a proactive approach to coordination and
problem resolution, combined with robust construction
management practices, our team ensures that the HSIP
Cycle 9 Traffic Signal Modifications project progresses smoothly, adheres to the schedule, and meets all regulatory requirements. This structured approach minimizes
disruptions and enhances the overall efficiency and success of the project.

SOURCE INSPECTION
Source inspection is a critical component of quality
assurance for Caltrans traffic signal projects. It involves inspecting and verifying the quality of materials and
equipment at the source before they are delivered to the construction site. This ensures that only compliant and highquality components are used in the project, reducing the risk of delays and rework due to defective materials. The
approach to source inspection includes:

Selection of Inspection Points: Identify critical points in the supply chain where source inspections will be
conducted. This includes manufacturers’ facilities, suppliers’ warehouses, and other relevant locations.

Inspection Criteria: Develop detailed inspection criteria based on project specifications, Caltrans standards, and industry best practices. This ensures consistency and
thoroughness in all inspections.

Inspection Scheduling: Coordinate with suppliers and
manufacturers to schedule inspections at optimal times, minimizing disruptions to the production and delivery
process.

Documentation: Maintain comprehensive records of all
source inspections, including inspection reports, photos, and compliance certificates. This documentation is critical for project records and audits.

Issue Resolution: If non-compliant materials or equipment are identified during source inspections, work with suppliers and manufacturers to address and rectify the issues
promptly.

Page 10 of 20 ends

Subconsultant for Source Inspection: ZT Consulting specializes in source inspection services and will be responsible for conducting all necessary source inspections to ensure compliance with project specifications and
Caltrans standards.

COORDINATION WITH STAKEHOLDERS
City Staff: Establish regular coordination meetings with City staff to ensure alignment on project objectives, timelines, and deliverables. Develop a communication protocol to keep City staff informed of project progress, issues, and milestones. Utilize collaborative tools and platforms to share updates, documents, and reports efficiently.

Caltrans: Maintain close collaboration with Caltrans to ensure compliance with state requirements and facilitate necessary approvals. Schedule regular updates and meetings with Caltrans representatives to discuss project status and address any concerns. Use established channels for submitting reports and obtaining feedback promptly.

Local Agencies: Engage with local agencies to address regional impacts and secure necessary permits. Provide regular updates to local agencies to ensure transparency and foster cooperation. Coordinate with local traffic
management authorities to minimize disruptions during
construction.

Utility Companies: Engage utility companies early in the project to coordinate any necessary relocations or modifications. Schedule coordination meetings with utility representatives to plan and manage utility work efficiently.

Monitor utility work closely to ensure it aligns with the overall project schedule and minimize potential delays.

Regulatory and Permitting Agencies: Ensure compliance with all regulatory requirements through continuous interaction with relevant agencies. Schedule inspections and ensure all necessary documentation is submitted timely.

Address any regulatory concerns promptly to avoid project delays.

APPROACH FOR EACH TASK

CONSTRUCTION MANAGEMENT
Field Office Management: Staff and maintain a consultant- provided field office for the duration of the construction.

Ensure the field office is equipped with necessary tools and technology to support project management and
communication needs.

Permit Review: Review all project permit requirements
thoroughly to ensure compliance with local, state, and
federal regulations. Coordinate with the relevant authorities to secure any additional permits required during the
construction phase.

Field Walks and Kickoff Meetings: Schedule and attend
field walks with inspectors, design engineers, and City representatives.

Chair the kickoff meeting with the City to discuss the
proposed work plan and any special concerns to be
addressed at the pre-construction meeting.

Pre-Construction Meeting: Provide a pre-construction
meeting agenda to the City for concurrence. Lead the pre- construction meeting, ensuring all interested parties, including utilities and sub-Contractors, are notified and present.

Coordination of Project Activities: Provide continuous
coordination of project activities, preparing necessary reports and documents for City review and action. Ensure all project activities are aligned with the schedule and
milestones.

Documentation Management: Maintain a comprehensive record at the project site or consultant’s local office, including all contracts, drawings, specifications, addenda, change orders, shop drawings, and other relevant
documents.

Weekly Status Reports: Provide weekly status reports to the City, highlighting project progress, any issues encountered, and upcoming activities.

Review and Coordination of Test Reports: Review
laboratory, shop, and mill test reports of materials and equipment. Coordinate with Design Engineers as required to ensure compliance with specifications.

Weekly Statements and Monitoring: Prepare and send a
Weekly Statement of Working Days, noting the controlling operations to the Contractor. Monitor Contractor and sub- Contractor compliance with labor laws and requirements, including certified payroll and prevailing wage compliance.

Utility Coordination: Coordinate, monitor, and document utility relocations as necessary, ensuring minimal disruption to the project schedule.

Daily/Weekly Reporting: Prepare daily/weekly Resident Engineer reports, including work done, controlling operation, weather conditions, and important discussions with the
Contractor. Contract Administration: Administer the construction contract in accordance with the project Plans and
Specifications, including applicable Caltrans and City
requirements. Manage all RFIs, submittals, and change
orders in coordination with the Contractor and Design Engineers.

Progress Meetings: Conduct weekly construction progress meetings with all stakeholders to discuss procedures,
progress, problems, and scheduling. Prepare and distribute meeting minutes.

Contract Filing System: Maintain a Contract Filing System in accordance with Caltrans Construction Manual and Local Assistance Procedures Manual (LAPM).

Subcontracting and Inspection Coordination: Review
and approve Subcontracting Request forms. Coordinate and monitor all inspection activities, ensuring compliance with the project specifications and regulatory standards.

Stakeholder Coordination: Maintain open communication with property owners and business owners to address concerns and provide updates on the project.

Traffic Control and Safety: Administer and monitor the
implementation of the project's Traffic Control Plans,
conducting weekly reviews for conformance to the plans.

Construction Closeout: Administer and coordinate final
inspections and the completion of all punch list items. Assist the City in determining substantial completion and issuing the notice of completion.

INSPECTION
Compliance and Documentation: Review contract
documents, plans, and permits to ensure compliance. Attend field walks and kickoff meetings to align inspection activities with project requirements.

Monitoring and Reporting: Monitor and enforce
construction noticing requirements, including PM10 and
SWPPP requirements. Maintain a field diary with detailed daily and weekly reports, change order documentation, and photographs.

Testing and Quality Assurance: Ensure compliance with
the construction contract through continuous monitoring and evaluation. Track and monitor construction costs,
maintaining a digital photographic history of the project progress.

ADA Compliance and Staking Review: Ensure ADA
compliance throughout the construction phase. Review
construction staking as appropriate to ensure accuracy.

MATERIAL TESTING
Coordination and Performance: Coordinate and perform
materials testing services in accordance with the City’s approved Quality Assurance Program (QAP) and Caltrans
standards. Conduct all testing in a Caltrans Certified Laboratory or equivalent, ensuring proper accreditation for personnel and laboratory.

Record Keeping and Reporting: Keep records of all
samples and tests, ensuring permanent job records are
maintained. Report all non-compliance results to the City’s Project Manager and Construction Manager within 24 hours of sampling.

By leveraging our experienced team and established methodologies, we ensure that the HSIP Cycle 9 Traffic Signal Modifications project is managed efficiently, meets all regulatory requirements, and is completed on time and within budget.

Page 11 of 20 ends

CONSTRUCTABILITY REVIEW COMMENTS
COORDINATION | Contractor shall coordinate with utility companies and outside agencies. Notify utility companies and other agencies in advance so they can coordinate their work. Notices may include a request for electrical and telephone services. Coordinate with the district utility coordinator to submit an application and process payment to the utility companies.

GENERAL NOTES FIBER OPTIC / ITS ELEMENTS | Caltrans Specifications 87-19.01D(2) Quality Control. It is advisable that the Contractor Test all existing Fiber Communication Elements before construction begins to address any preexisting issues to be relieved of potential liabilities. (A) Pre-installation testing shall be performed on all fibers using an Optical Time-Domain Reflectometer (OTDR) to confirm no existing damage to the existing cable. The Contractor shall perform such testing on-site prior to completing termination in the communication cabinet. (B) Post-installation testing of all terminated fibers shall be performed using launch cables at both ends as specified in NECA/FOA 301-2009 Annex B.3. The Contractor shall perform such testing on-site after all termination and splicing work is completed.

UNSUITABLE EXCAVATIONS | This work consists of performing excavation, constructing embankments, and providing borrow, including the hauling, placing, compacting, and disposing of materials. Unclassified Excavation shall be considered all-inclusive of the costs of the work including excavation, hauling, preparation of the existing ground, Embankment placement and compaction, benching, disposal of any excess or unsuitable materials at an off-site facility, surveying, and any other costs related thereto. It includes all materials excavated that do not require specialized equipment or blasting. For example, the removal of cobbles using standard construction equipment would be included in the Unclassified Excavation quantities for payment with no additional compensation to the Contractor.

MATERIAL DELAYS | The Owner/ Agency and Contractor must consider possible material delivery delays due to specified products; Avg TS Materials could range from 20 - 40 + week lead times. All Long lead items must be submitted, approved and ordered to avoid potential delays in project.

TRAFFIC SIGNAL POLE STANDARD FOUNDATION LOCATIONS | It is the Contractor’s responsibility to survey Traffic Signal Pole Standard Foundation locations and pothole to foundation depth and width, to identify potential conflicts with existing substructures, Including verifying overhead clearances between pole standards and utility obstructions. A log of the work performed showing depth, width, location, and unusual obstructions in the potholes shall be provided with the plans after potholing and prior to ordering and releasing Traffic Signal pole / Mast Arm lengths at no additional cost to the City. The removal of cobbles or Silty/ Sandy materials that will not hold a cylindrical foundation must be over excavated and type 1 slurry be put back in place with no additional compensation to the Contractor. A 28" traffic cone with reflective sleeve shall be bolted to all exposed anchor bolts during the period between installation of the foundation and installation of the standard or cabinet, excluding controller cabinets. A plywood or aluminum adapter may be used to secure the traffic cone to the anchor bolts.

MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS | If the traffic signal work includes modification of an existing traffic signal, the Contractor shall include and be responsible for all work and materials required to keep the existing traffic signal and street lighting systems operational, including temporary traffic signal poles and electrical system wiring necessary to maintain the traffic signal in operation. The Contractor shall not assume that the existing traffic signal operation will be converted to an all-way stop control for the Contractor convenience. In the event the Contractor requests, for his convenience, the Engineer’s approval to allow an all-way stop control in lieu of maintaining the existing traffic signal operation during construction, the Contractor shall submit a Change Order Request identifying the amount of the credit eligible to the City for eliminating the requirements to maintain the existing traffic signal operation pursuant to this section. All work associated with maintaining the existing traffic signal operation, including furnishing temporary traffic signal poles and completing electrical system wiring, shall be considered as included in the lump-sum price bid for the traffic signal work, and no additional compensation will be allowed therefor. New traffic signal system shall be in operation before the removal of existing traffic signal. Traffic signal shutdowns shall be limited to the hours between 9 a.m. and 3 p.m. and shall not be permitted on Friday, Saturday, or Sundays without written consent of the City Engineer.

OVERHEAD UTILITY CLEARANCES | If existing overhead utility lines are affected by the work, the Contractor shall coordinate with an Edison certified Contractor to comply with minimum overhead clearances for the removal and/or installation of existing traffic signal poles. The cost to hire an Edison certified Contractor to perform work shall be included in the lump sum price bid for traffic signal work, and no additional compensation will be allowed, therefore. Where the Contractor -installed facilities are damaged prior to final acceptance by the Engineer, the Contractor shall repair or replace such facilities at his own expense. This provision shall also apply in cases where a third party has caused the damage prior to the City’s acceptance of the traffic signal work. The Contractor shall arrange to have a signal technician, qualified to work on the controller and employed by the controller/equipment manufacturer or its representative, present at the time the controller/equipment is turned on. This includes when an existing traffic signal system is modified.

VIDEO DETECTION SYSTEM | All VDS cables shall be installed through mast arm that is drilled with a 3/4'' threaded tap hole on the back (Downside of Traffic) to install a cord grip watertight connector at each camera installed location with not to exceed 12'' cable loop at camera terminal location.

PED HEADS | The Contractor is to furnish and install new pedestrian housing with countdown led pedestrian module and framework, this includes providing new and correct sizing through bolts/washers/nuts/ brass curved washers and lock washers.

FRANCHISE WASTE AGREEMENT | City to specify if they have a Franchise Waste Management agreement and with whom so that it is perfectly clear that the Contractors must follow and adhere to such agreements throughout the project without any additional compensation.

E. PALM CANYON DR. / ESCOBAR | This intersection is within State (Caltrans) ROW Easements (CA111). The Contractor will be responsible for coordinating and pulling Caltrans Permits and ROW easement boundary limits before work is performed at no additional cost to the Contractor.

Page 12 of 20 ends

Implement Project
Management Plan
• Develop Construction
Management Procedures
Manual (CMPM)
Project Kick-Off Meeting with
Department Staff
(Project Manager)
Review Project Documents
• Specifications
• Plans
• Manuals
• Permits
• Documentation
Requirements
Prepare Pre-Construction
Meeting
• CM Agenda
• Daily Report Form
Approval
• Permit Requirements
• Work Requirements
• Work Restrictions
• Liquidated Damages
• Superintendence
• Critical Path Submittals
• CPM Schedule
• Milestones
• Facility Shutdowns
• Safety
Pre-Construction
Documentation
• Digital Documentation
• Digital Video
Pre-Construction Phase
Z&K Consultants, Inc. proposes to provide the scope of services as set forth in the RFP:

Construction Phase
CM Responsibilities
• Direct Charge of Work
Keep City of Palm Springs
Project Manager and Staff,
and City of Palm Springs
Informed
• Maintain Compliance with
Permits
• Maintain Staff
Communication
• Administer Project Plan
• Quality Assurance
• Monitor Construction
Schedule
• Cost Management
• Project Team
Coordination
• Monitor RFIs and RFCs
• Review Change Orders
• Negotiate Change Orders
• Monthly Progress Reports
• Submittal Completeness
Review
• Maintain Submittal Log
• Coordinate Training,
Start-up and Testing
Observation
• Review Traffic Plans
• Assist, Review, and
Negotiation for Extra
Work Orders
Monitor Project Financial
Status
Submittal Partial Payment
Request
• District Forms and Format
CM Responsibilities
Keep City of Palm Springs
Project Manager and Staff,
and City
of Palm Springs Informed
• Maintain Permit
Compliance
• Maintain Staff
Communication
• Quality Assurance
• Daily Inspection Reports
and Digital
Documentation
• Monitor Safety
• Monitor SWPPP
• Coordinate Geotechnical,
Materials, & Water
Sampling Testing
• Monitor Traffic Plan
• Monitor and Lead
Resolution of Day-to-Day
Construction and
Construction Issues
Confirm Materials &
Equipment
• Confirm Installed
Materials Against
Submittals
Construction Survey
• Monitor Construction
Surveying
Subconsultants
• Geotechnical & Material
Testing
• Water Sampling Testing
• CM to coordinate
Contaminate Soil Testing,
Handling, and Disposal
• CM Team to lead and
assist with Public
Relations and Community
Outreach
Review Partial Payment
Requests
CM / Inspector
Responsibilities
Keep City of Palm Springs
Project Manager and Staff,
and City of Palm Springs
Informed
• Maintain Permit
Compliance
• Maintain Staff
Communication
• Quality Assurance
• Daily Inspection Reports
and Digital
Documentation
• Monitor Safety
• Monitor SWPPP
• Coordinate Geotechnical,
Materials, & Water
Sampling Testing
• Review and Coordinate
the Contractor’s Bypass,
Shutdown, & Start-Up
Plans
• Provide Any Other
Services as Requested by
City of Palm Springs, and
Permit Requirements
Confirm Materials &
Equipment
• Confirm Installed
Materials Against
Submittals
• Sample, Test, Impact, and
Document All Materials
Generated and Produced
for the Project
Document Construction
Deviations
• Prepare Estimate of
Increased/Decreased
Quantities
Review Partial Payment
Requests
Start-Up and Close-Out
Phases
Project Final Job Walk
• Generate Preliminary
Punch List
Commissioning
• Staff Training
• Performance Test Period
Record and Submit Record
Drawings
• Review and Certify
Contractor’s Project
Record Drawings
O&M Manuals Final Review
• Coordinate Preparation
and Verify Completeness
of O&M Manuals
Final Payment
• Check for Preliminary
Notices
• Check for Liens
• Liquidated Damages
• Potential Claims
• File Final Notice of
Completion
• Review and Approve Final
Payment
One-Year Warranty Follow- Up (As Required)
• Prepare Warranty
Expiration Spreadsheet
• Provide Engineering,
Technical Support, and
Administrative Services
during the Warranty
Phase

Page 13 of 20 ends

m3CONSULT ANTS BUILDING SOLUTIONS

SCHEDULE
Our Team prepared a preliminary schedule below.

Activity ID Activity Name Original Duration Start Finish PSTS CITY OF PALM SPRINGS - TRAFFIC SIGNAL MODIFICATIONS 220 07-Oct-24 13-Aug-25 PSTS.3 ADMINSTRATION 220 07-Oct-24 13-Aug-25
PSTS.3.1 NTP CONTRACT MILESTONES 220 07-Oct-24 13-Aug-25 C1005 CONSTRUCTION NTP - PROPOSED CONTRACT DURATION 120 WORKING DAYS 120 07-Oct-24* 26-Mar-25 C1015 PROCUREMENT AND POTHOLING START DATE NTP OCTOBER 7, 2024 0 07-Oct-24* C1045 LONG LEAD MATERIAL ORDERING - NOTICE TO PROCURE - APPROX 6 MONTHS 120 07-Oct-24* 26-Mar-25 C1055 CONSTRUCTION START DATE NTP FEBRUARY 27, 2025 (START 4 WEEKS PRIOR TO PREP)
120 27-Feb-25* 13-Aug-25
PSTS.3.2 PREPARE/SUBMIT/REVIEW SUBMITTALS 0 07-Oct-24 07-Oct-24 A1035 CONSTRUCTION SCHEDULE & SITE SPECIFIC WORK PLAN (SSWP) 0 07-Oct-24* A1036 NOTIFICATION TO LOCAL BUSINESSES AND RESIDENTS 0 07-Oct-24* A1037 POTHOLE REPORT 0 07-Oct-24
A1046 TRAFFIC CONTROL PLANS 0 07-Oct-24
A1120 CONCRETE MIX DESIGNS,TRUNCATED DOMES 0 07-Oct-24* A1130 TRAFFIC SIGNAL EQUIPMENT 0 07-Oct-24*
A1140 SIGNING AND STRIPING 0 07-Oct-24*
PSTS.11 CONSTRUCTION 114 27-Feb-25 05-Aug-25
PSTS.11.2 POST POLE PROCUREMENT 114 27-Feb-25 05-Aug-25 A1410 MOBILIZATION 5 27-Feb-25* 05-Mar-25
A1415 CONCRETE REMOVAL INCLUDING FOUNDATION REMOVAL AND REPLACEMENT FOR

NEW POLES
20 06-Mar-25 02-Apr-25
A1420 TEMPORARY TRAFFIC SIGNAL EQUIPMENT 25 03-Apr-25* 07-May-25 A1430 INSTALL NEW TRAFFIC SIGNAL EQUIPMENT & TESTING 25 07-Apr-25 09-May-25 A1450 INSTALL RAMPS & CONCRETE IMPROVEMENTS 27 12-May-25 17-Jun-25 A1460 ASPHALT DEEP LIFT INSTALLATION 10 18-Jun-25 01-Jul-25 A1470 STRIPING AND SIGNAGE 15 02-Jul-25 22-Jul-25
A1500 PUNCHLIST 10 23-Jul-25 05-Aug-25
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2025 2026
13-Aug-25, PSTS CITY OF PALM SPRINGS - TRAFFIC SIGNAL MODIFICATIONS 13-Aug-25, PSTS.3 ADMINSTRATION
13-Aug-25, PSTS.3.1 NTP CONTRACT MILESTONES
CONSTRUCTION NTP - PROPOSED CONTRACT DURATION 120 WORKING DAYS PROCUREMENT AND POTHOLING START DATE NTP OCTOBER 7, 2024, 07-Oct-24* LONG LEAD MATERIAL ORDERING - NOTICE TO PROCURE - APPROX 6 MONTHS CONSTRUCTION START DATE NTP FEBRUARY 27, 2025 (START 4 WEEKS PRIOR TO PREP) 07-Oct-24, PSTS.3.2 PREPARE/SUBMIT/REVIEW SUBMITTALS
CONSTRUCTION SCHEDULE & SITE SPECIFIC WORK PLAN (SSWP), 07-Oct-24* NOTIFICATION TO LOCAL BUSINESSES AND RESIDENTS, 07-Oct-24* POTHOLE REPORT, 07-Oct-24
TRAFFIC CONTROL PLANS, 07-Oct-24
CONCRETE MIX DESIGNS,TRUNCATED DOMES, 07-Oct-24*
TRAFFIC SIGNAL EQUIPMENT, 07-Oct-24*
SIGNING AND STRIPING, 07-Oct-24*
05-Aug-25, PSTS.11 CONSTRUCTION
05-Aug-25, PSTS.11.2 POST POLE PROCUREMENT

MOBILIZATION

CONCRETE REMOVAL INCLUDING FOUNDATION REMOVAL AND REPLACEMENT FOR NEW POLES

TEMPORARY TRAFFIC SIGNAL EQUIPMENT

INSTALL NEW TRAFFIC SIGNAL EQUIPMENT & TESTING

INSTALL RAMPS & CONCRETE IMPROVEMENTS

ASPHALT DEEP LIFT INSTALLATION

STRIPING AND SIGNAGE

PUNCHLIST

CITY OF PALM SPRINGS
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS
FEDERAL-AID PROJECT NO. HSIPL-5282(049)
CITY PROJECT NO. 18-05
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone
summary

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6. PROJECT CONTROL SYSTEM DEVELOPMENT
Our approach to developing and implementing a Project Control System (PCS) for the HSIP Cycle 9 Traffic Signal Modifications at Nine (9) Intersections Project is designed to ensure effective tracking of project progress and expenditures, seamless administration and monitoring of the construction contract, and maintenance of critical program and project information. Below is a detailed description of our approach and an example of similar systems used with other clients.

In addition to the below approach for PCS Development, our team provides a Weekly Newsletter summarizing project progress, details, the work completed the previous week, and the work that is scheduled for the upcoming week with captioned arial and site photos. We have included an example of our Weekly Newsletter in Appendix A.

Approach to PCS Development and Implementation

1. Needs Assessment and Planning
o Conduct initial consultations with City of Palm Springs stakeholders to understand specific project requirements and objectives.
o Define the scope and functionalities of the PCS tailored to the City's needs and the specific requirements of the HSIP Cycle 9 project.
o Develop a comprehensive PCS implementation plan outlining phases, timelines, and resource allocation.

2. System Design and Customization
o Design the PCS architecture to include modules for project scheduling, cost management, document control, and reporting.
o Customize the system to integrate with existing software and databases used by the City of Palm Springs. o Incorporate user-friendly interfaces and dashboards for real-time data access and analysis, ensuring accessibility for all project stakeholders.

3. Data Integration and Management
o Integrate relevant project data, including schedules, budgets, contracts, and progress reports, into the PCS. o Implement automated data entry and validation processes to ensure accuracy and consistency. o Establish protocols for regular data updates and maintenance, ensuring the system reflects the most current project status.

4. Training and User Support
o Provide comprehensive training sessions for project staff and stakeholders to ensure proficient use of the PCS. o Develop user manuals and quick reference guides tailored to the specific functionalities utilized in the HSIP Cycle 9 project.
o Offer ongoing technical support and troubleshooting assistance to address any issues promptly.

5. Monitoring and Reporting
o Set up automated reporting tools within the PCS to generate regular progress reports, financial statements, and compliance documentation.
o Enable real-time monitoring of key performance indicators (KPIs) to track project milestones, budget adherence, and contract performance.
o Schedule periodic review meetings to discuss PCS data insights and adjust project strategies as needed. o Weekly Newsletters: our team provides a Weekly Newsletter summarizing project progress, details, the work completed the previous week, and the work that is scheduled for the upcoming week with captioned aerial and site photos.

Example of PCS Utilization

1. Project Progress Tracking
o Implemented a Gantt chart-based scheduling module to visualize project timelines and dependencies. o Utilized progress tracking features to update task completion statuses and identify potential delays, similar to the requirements of the HSIP Cycle 9 project.

2. Expenditure Monitoring
o Developed a financial management module to track project expenditures against the allocated budget. o Generated monthly financial reports detailing expenses, variances, and forecasts, ensuring financial transparency and accountability.

3. Construction Contract Administration
o Established a document control system to manage contracts, change orders, and correspondence. o Monitored contract compliance through regular audits and automated alerts for critical deadlines, ensuring adherence to project specifications.

4. Program and Project Information Maintenance
o Created a centralized database to store all project-related documents, drawings, and communications. o Enabled access controls to ensure data security and confidentiality, maintaining the integrity of project information Outcomes:
• Improved project transparency and accountability through regular and accurate reporting. • Enhanced decision-making capabilities with real-time access to project data. • Efficient contract administration and compliance monitoring, reducing the risk of disputes and delays.

By leveraging our robust PCS framework, we ensure that the City of Palm Springs will have a reliable and effective system to manage the HSIP Cycle 9 Traffic Signal Modifications project, ensuring timely completion and budget adherence.

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m3CONSUL T ANTS
Item 1G - Page 117

BUILDING SOLUTIO N S

7. SCOPE OF WORK
We have successfully utilized CM Agency delivery on a host of projects. Through this experience we have developed management procedures that promote collaboration and teamwork, improve quality and maximize the value of the project.

Z&K past performance with Cities, Counties, and other agencies shows our remarkable ability to control costs, guarantee great quality of work, and meet all project deadlines. We understand the importance of Schedule Control and are known in the industry for assisting the contractor to cut the project schedule and to yield significant savings for our clients through reduction of overhead management and construction costs.

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

Cost Management | Z&K will take the lead to ensure a cost management system is properly implemented and maintained.

Z&K’s cost management role will be in two parts. Z&K will track the value of the completed work to ensure accurate and detailed monthly progress billing by the contractor. Z&K will proactively manage the change order process. The monthly progress billing may be tied to the construction schedule. Work activities and material deliveries will be assigned the correct completion percentage by the Contractor. This will be reviewed by the Construction Inspector and discrepancies will be addressed. If necessary, the Contractor will revise and resubmit the schedule of values. This process ensures the Owner is accurately billed for the completed work monthly. Changes in work and unforeseen conditions will be closely monitored.

Funding Management | Z&K will ensure that the City has all necessary information to comply with the funding requirements.

Our team is experienced in complying with funding reporting and filing requirements. We pay close attention to these requirements and deadlines so that project funding remains unaffected and so that file audits are conducted quickly and efficiently. Our team is also experienced in ensuring that project documents show compliance with DBE reporting requirements, DBE goals, and/or good faith effort documented. Proper Project documentation is key in any audits.

Quality Management | Quality management is an inherent CM responsibility. Z&K is knowledgeable and capable in all aspects of quality management. Quality assurance is the application of systematic methods to verify the effective implementation of quality control procedures. Z&K will manage the quality of the project by taking the quality assurance lead role and implementing the Z&K quality assurance program, which allocates quality control responsibilities to the various project participants to ensure the constructed product conforms to the contract plans and specifications. This includes a detailed inspection plan, inspection procedures, and documentation procedures for all inspection and test reports. Z&K will review the Contractor’s quality control procedures to ensure adequacy. Quality control issues will be discussed at each weekly meeting. An ongoing deficiencies/corrective items list will be maintained, reviewed, and updated weekly. Quality assurance includes quality of the constructed work as well as the quality of the Contractor’s document processes (such as the Contractor’s submittals and RFIs). In Z&K’s experience, lack of quality in the paperwork with items such as poor submittals and unanswered RFIs may lead to lack of quality in the constructed product.

Information Management | Proper information flow is crucial to the success of a project. A construction project generates a large amount of information, which must be distributed to all parties on a timely basis. The source of this information will cover contracts, meeting minutes, drawings and specifications, submittals, RFIs, pay requests, invoices, inspection reports, and so forth. Z&K will act as the hub for the management of all information flow. Z&K has extensive experience providing document management solutions for its clients. Z&K’s approach to information management also includes building a communication framework to foster partnering and teamwork relationships for all the project stakeholders.

Codes & Procedures Management | Z&K has a strong knowledge of the City, County, State, and Federal codes and procedures that are required to deliver a successful project. Z&K will ensure that all codes and procedures are properly followed for the City’s Project. Some of the requirements are as follows:
o Project Construction Documents
o City of Corona Public Works and Department of
Water and Power Standards
o California Building Code
o California Plumbing Code
o California Mechanical Code
o California Electrical Code
o California Building Energy Efficiency Standards
o Title 24, Part 2, 2.5, 3, 4, 5, 6, 11
o California Fire Code
o California Residential Code
o California Green Building Code
o California Disabled Regulations
o City Codes & Ordinances
o City Grading Code & Manual
o APWA “Greenbook” Standard Specifications for
Public Works Construction
o AWWA Standards
o Construction Specifications Institute (CSI)
o Underground Construction Standards
o Caltrans Standards, Specifications, and
Procedures
o Caltrans Construction Manual
o Caltrans Safety Manual
o OSHA Construction Safety Orders
o 10/30-hr OSHA Training Certification
o Local Assistance Procedures Manual (LAPM)
o State and Federal Building Codes (Site
Accessibility)
o County Procedures and Guidelines
o Work Area Traffic Control Handbook (WATCH)
Manual
o Manual of Uniform Traffic Control Devices
(MUTCD)
o Project Safety Plan (PSP)
o Site Health and Safety Plan
o Activity Hazard Analysis (AHA)

Page 16 of 20 ends

QA/QC PROCEDURES
Described below are the activities involved in delivering the tasks in the general order they will occur. The tasks identified in the scope of work require varying staff commitments. The staffing plan is presented with the ability to reallocate manhours as needed to fit the Project needs.

Pre-Bid Phase
Activity Description Deliverable
Photograph and
Video Document the
site
Take pre-construction photos and videotape conditions. Photos, dated with labels, video
Project Schedule/
Long Lead Items
Evaluate Design Engineer’s proposed schedule for construction duration and cost. Construction Schedule
Preconstruction
Meeting
Arrange a pre-construction meeting with agencies, contractor, and utility companies and address all concerns. Review contract administration items.

Meeting agenda and
minutes
Construction Phase
Weekly Progress and
Schedule Meeting
Conduct weekly meetings to discuss schedule, change orders, new issues, submittal status, RFI's & safety.

Meeting agenda and
minutes
Deficiency Log Maintain a log of non-compliant work items. Deficiency Log Process Submittals Review and track all submittals for completeness & constructability. Submittal Approval Log
Process Requests for
Information (RFI) Answer the Contractor’s RFI, ensure that the designer explains design RFI. RFI Logs Review Contract
Change Orders (CCO)
Review CCO's proposed by the contractor. Recommend needed CCO's.

Track cash flow for CCO's.

Logs of potential and
issued CCO's
Claims Administration Perform claims administration, coordination and monitoring claims, response preparation, logging claims, and tracking claims status.

Potential claims and
financial impact to the
City
Weekly Statement of
Working Days
Issue a Weekly Statement of Working Days, showing days remaining, and rainy days.

Weekly Statement of
Working Days
Labor Compliance Monitor for compliance with the applicable labor laws and contract requirements, such as prevailing wage requirements.

Verify Certified
Payrolls, Wages, and
Interviews
Progress Payments Review contractor's payment requests, verify completed quantities Certified Pay Request Project
Documentation
Maintain a project Uniform Filing System per Caltrans LAPM /Construction Manual “Project Documentation”.

Electronic files, project
files/logs
Project Schedule Review contractor's baseline, monthly, and "look-ahead" submittals. Notify all parties of deviations from the schedule.

Project Schedules,
Correspondence
Permits/Easement
Utility relocations
Continuation of pre-construction activities. Assist in coordination and scheduling of utility work.

Permits easements,
relocated utilities
SWPPP & Safety
Assist and review, approve and monitor of the Contractor’s SWPPP.

Review, monitor, document and enforce contractor safety procedures for compliance with laws and regulations.

SWPPP Review,
conduct regular
safety/tailgate
meetings
Quality Assurance /
Inspection
Inspect work to ensure compliance with contract documents. Reject unacceptable work using Deficiency Log. Observe the work of special inspectors when required.

Daily Inspection
Reports. NCR &
Deficiency Log
Progress Photos Continue taking pictures to document the contractor's progress and any problems.

Pictures labeled with a
log
Community Outreach Respond to community and business owner’s concerns. Minimize complaints Daily Inspection
Reports Document contractor’s daily operations and provides daily diaries. Daily Reports, field measurement Traffic Control,
Closure Coordination
Review contractor’s traffic control and lane closure request, obtains CT closure approval, coordinate COZEEP, establish an agreement/contract with CHP’s.

Conduct regular
safety/ tailgate
meetings
Post Construction Phase
Final Inspection
Conduct a final inspection/walk-through including maintenance and service personnel. Issue preliminary and final punch list. Coordinate with City and Caltrans.

Punch lists and Notice
of Completion
"As-Built" Drawings Review Contractor's redline drawings, submit to the designer. As-built redline drawings
Project Files Deliver all project files including photographs. Complete Final Report and Funding Reimbursement application. Project files/e-files Final Inspection
Conduct a final inspection/walk-through including maintenance and service personnel. Issue preliminary and final punch list. Coordinate with City and Caltrans.

Punch lists and Notice
of Completion
Final Pay Request,
Certificate of
Completion
Process the contractor's final payment request, issue a Certificate of Completion, obtain applicable permits and a Project Final Report.

Final Pay Request,
Certification of
Completion

Page 17 of 20 ends

SCOPE OF WORK
CONSTRUCTION MANAGEMENT | The Z&K team will staff and maintain consultant provided field office for the duration of the construction. We will review project permit requirements and schedule and attend a field walk with inspector(s), design engineer, and City representatives. We will schedule and chair a kickoff meeting with the City to discuss the proposed work plan and special concerns to be presented at the pre-construction meeting and be present at the pre- construction meeting. The team will provide a pre-construction meeting agenda to the City for concurrence, schedule, and lead a pre-construction meeting and notify attendees. It is envisioned that the pre-construction meeting will include all interested parties, including utilities, sub-contractors, etc. We will provide coordination of project activities and prepare reports and documents, as necessary, for City review and action. Z&K will maintain at the project site or consultant’s local office, on a current basis; a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings; product data; samples; submittal; purchases; materials; equipment; applicable handbooks; maintenance and operating manuals and instructions; other related documents and revisions which are relevant to the contract work. We will provide weekly status reports to the City, as required and review laboratory, shop and mill test reports of materials and equipment, and coordinate as required with Design Engineers. Z&K team will prepare and send a Weekly Statement of Working Days, noting the controlling operations, to the Contractor.

We will monitor Contractor and sub-contractor compliance with State and Federal labor laws and paperwork requirements including: monitor Contractor’s certified payroll; spot check payrolls for prevailing wage compliance; conducting employee interviews; maintain evidence of apprentices and trainees employed on the project; and ensure that the contractor has posted all required posters, notices, and wage determinations at the job site. Z&K will coordinate, monitor, and document utility relocations as necessary. We will prepare daily/weekly Resident Engineer reports listing the type of work done, controlling operation, weather conditions, important discussions/agreements with the Contractor, and any other important facts pertaining to the project that are not specifically covered elsewhere in the contract records. Our team will administer the construction contract in conformance with the requirements set forth in the project Plans and Specifications including applicable requirements from Caltrans Standard Plans and Specifications, Local Assistance Procedures, Standard Specifications for Public Works Construction and the City of Palm Springs. We will receive, log and respond to Contractor Requests for Information (RFIs) and conduct weekly construction progress meetings with Contractor, Subcontractors, City Staff, Design Engineer, Subconsultants, affected outside Agencies, general public, business owners, other consultants, etc. to discuss matters such as procedures, progress, problems, and scheduling. Prepare and distribute meeting minutes. The team will maintain Contract Filing System in accordance with Caltrans Construction Manual at Local Assistance Procedures Manual (LAPM). We will review and approve Subcontracting Request forms, coordinate and monitor all inspection activities, and coordinate with all impacted utilities for the respective relocations, as per contract documents.

The Z&K team will maintain an open-door policy and meet with general public, as needed, regarding the construction and make recommendations to address their concerns. We will submit Requests for Information as required on any items that should be coordinated with the design engineer(s). We will receive and process all shop drawings, project data, samples, and other submittals to the Design Engineer for review. Establish and implement procedures for expediting the processing and approval of submittals. Our team will coordinate and track all submittals and review with Design Engineer on an as needed basis. We will prepare and maintain a submittal log. Z&K will coordinate with the City Engineer and other City Departments. We will document all potential claims and maintain for account records and provide all necessary documentation and support to the City in settling claims. We will administer implementation of project's Traffic Control Plans and perform weekly review for conformance to approved plan. Our team will coordinate testing requirements and scheduling of material testing. We will review Contractor’s baseline CPM schedule and coordinate with contractor until approved. The Z&K team will review and analyze the Contractor's schedule (weekly), including activity sequences and duration, schedule of submittal and schedule of delivery for products with long lead time. We will work with Contractor to maintain the project schedule to show current conditions and suggest revisions, as required. The team will recommend necessary or desirable changes in the Construction Contractor's scope of work to City. We will review and evaluate Contractor's request for changes. Our team will negotiate with Contractor and submit recommendations to City supported by field data related to any additional work. If change orders are accepted by City, we will prepare change orders for signature and authorization by the City. We will maintain a log of change requests. Requests for Change Orders will be reviewed for merit and discussed with the City. Extra work will be on separate daily diaries. We will create and maintain “As-Built” project schedule and maintain field quantities constructed and review pay requests and provide recommendation for contractor payments. Our team will manage and enforce contractor DBE requirements and will coordinate the transition of project to City Maintenance.

We will coordinate any training sessions required for City staff and conduct regular coordination meetings with property owners and business owners. We will review and process contractor’s invoices, prior to submitting to the City for payment.

Z&K will provide the following project closeout services:
• Administer and coordinate final inspections.
• Coordinate the correction and completion of the work. • Assist City in determining when the Project or a
designated portion thereof, is substantially complete.

Prepare for the City, a summary of the status of the
work of the Contractor, listing changes in the
previously issued certificates of substantial
completion of the work, and recommending the times
within which the Contractor shall complete
uncompleted items on the certificate of substantial
completion of the work.
• Calculate the amount of final payment due prime
Contractor.
• Obtain evidence of certification of all lien releases. • Secure and transmit to City, required guarantees.
• Work with City to issue the notice of substantial
completion and process the notice of completion.
• Coordinate any startup requirements.
• Deliver all equipment manuals, special equipment,
spare parts, catalogs, and other materials required by
specifications.
• Collect all “as-built” data from contractors or
consultants.
• Make recommendation for the release of retention.

Page 18 of 20 ends

We will create and maintain throughout construction, punch lists that need to be corrected by the Contractor and provide construction management documents and records to the City. We will provide for Source Inspection and Quality Assurance, meeting CFR Title 23, City of Palm Springs QAP and Caltrans LAPM. As necessary, we will prepare Caltrans Local Assistance Pre-Construction, Mid-Construction, and Post-Construction review checklists. Attend meetings scheduled by Caltrans Local Assistance. Z&K will represent the City in providing answers to Caltrans regarding procedures, processes, documentation, payment, etc.

INSPECTION | The Z&K team will review contract documents, plans and permits, attend field walks and kickoff meetings, and attend the pre-construction meeting. We will monitor and enforce construction noticing requirements, including but not limited to PM10 and SWPPP requirements. Our team will maintain field diary (bound workbooks) during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs and other documentation. Maintain a separate field diary for change order work. The inspection team will monitor the contractor’s fugitive dust control plan (PM10) and ensure the contractor using approved haul routes and they are kept clean. We will ensure compliance with the construction contract by continuously monitoring, evaluating, approving or rejecting the Contractor's work in accordance with the approved construction contract documents. The team will determine that the Contractor's work is being performed in accordance with the requirements of the contract documents.

Endeavor to guard City against defects and deficiencies in the work. As appropriate, require special inspection or testing, or make recommendations to City regarding special inspection or testing of work not in accordance with the provisions of the contract documents whether or not such work is fabricated, installed or completed.

We will track and monitor construction costs. The team will provide and maintain a digital photographic history of the progress of the project including pre-construction photos of the existing conditions at the project site. Photos will also be taken of the following: Showing existing conditions prior to construction; Disputed work items; Work that has to be duplicated, replaced or removed; Completed work; Extra Work. The team will record the progress of the project. Maintain a daily log containing a record of weather, Contractor and sub-contractor’s work on site, Contractor and sub-contractor’s equipment with hours on site and idle time, number and names of workers with hours on site, work accomplished, problems encountered, and other relevant data. We will provide copies of daily logs to City as requested. We will include information on Contractor and the entire project, showing percentages of completion. Daily Reports will be detailed enough to develop Time and Material payments for the contractor's work in case of future disputes. During the course of construction, our team will maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections. Z&K will ensure ADA compliance and review construction staking, as appropriate. We will secure and maintain copies of all permits needed to construct the project and enforce special requirements of each. Coordinate with Contractor to execute necessary permits.

MATERIAL TESTING | Z&K is teaming with Converse Consultants for all Material Testing needs. They will be responsible for all the tests as required by the Caltrans Standard Specifications and the Project Special Provisions. Converse will coordinate and perform the materials testing services in accordance with the City’s approved Quality Assurance Program (QAP), California Department of Transportation, Construction Manual, Chapters 3-6, “Control of Materials” and Chapter 6, “Sample Types and Frequencies.” Converse will provide for initial “Samples and Tests” on materials proposed for use in the project. Converse will provide for “Acceptance Tests” on materials that will be incorporated into the work. Sampling should begin as soon as material is delivered or in place. Consultant shall continue sampling as work progresses. The team will conduct all testing in a Caltrans Certified Laboratory, or equivalent. All sampling and testing will be done by personnel and laboratory with the appropriate accreditation for the testing and sampling designated to perform. Proof of the appropriate accreditation will be submitted for approval by the City.

The team will provide a qualified technician and certified laboratory for each test as required by the City’s QAP and Project Specifications. The certifications will be provided by a nationally recognized organization. The Converse team will provide all independent assurance as may be required by the City’s QAP. This may require the use of two independent laboratories and personnel. The team will keep records of all samples and tests in the project files as permanent job records. Materials incorporated into the project, represented by failing tests, will be documented in the project files also. Test results will cite applicable contract requirements, test and/or analytical procedures used. The team will provide actual results and include a statement that the item tested or analyzed conforms or fails to conform to specified requirements. Test results will be signed by a testing laboratory representative authorized to sign certified documentation and forward to the City.

Testing Plan and Log will be maintained by the Consultant. The QC Manager will record on the “Test Plan and Log” the date the test was conducted, the date the test results were forwarded to the Engineer, remarks and acknowledgement that an accredited, or Engineer approved, testing laboratory was used. Submit a copy of the updated “Test Plan and Log” with the Contract Quality Control Report each month. Rework Items list will be maintained by the Consultant of work performed that does not comply with the Contract. The Contractor will be responsible for including on this list, items needing rework including those identified by the Engineer. Maximum density tests will be performed at the job site unless otherwise approved by the City Engineer. Converse will keep records of all samples and tests in the project files as permanent job records. Materials incorporated into the project, represented by failing tests, will also be documented in the project files.

The team will use the most economical mode of transportation available consistent with the time element involved. Project Certification – send a materials certification memorandum to the City upon completion of the project. File a copy of the memorandum in the job files. Note all non- conforming materials on the memorandum. This includes materials accepted at reduced pay factors. A California licensed engineer will sign the materials certification memorandum. Any Non-Compliance results of materials will be reported to the City’s Project Manager and City Project Inspector within twenty-four (24) hours from the time of sampling. Any non-compliance results of materials will be reported to the City’s Construction Manager within twenty-four (24) hours from the time of sampling.

Page 19 of 20 ends

8. REFERENCE PROJECT
CITY OF CATHEDRAL CITY | PROFESSIONAL CONSTRUCTION ENGINEERING SUPPORT SERVICES FOR HSIP CYCLE 9A, CIP NO. 08752 (FEDERALLY FUNDED)
Project Services: The Project required construction engineering support which includes construction management, labor compliance monitoring and enforcement, inspection, and material testing pursuant to federally funded HSIP requirements. Our Team was responsible for providing construction engineering support to ensure delivery of the Projects remains consistent with HSIP project schedules and programming guidelines, communicating with Caltrans on project deliverables and other administrative functions associated with delivering the federally funded Local Assistance project.

Project Description: Cathedral City was
awarded a Highway Safety Improvement
Program (HSIP) Cycle 9 grant to install
advanced dilemma zone detection
equipment, left turn phases, and pedestrian
countdown heads at signalized intersections.

The work enhanced twelve (12) existing signalized intersections in the City of Cathedral City. Improvements included installing conduit, pull boxes, traffic signal poles and foundations, traffic signal controller cabinets and foundations, construction of ADA-compliant pedestrian ramps, Advanced Dilemma Zone detection, and installation of highdefinition video detection systems.

Project Location: The improved twelve (12) existing signalized intersections include:

1.Ramon Road and Whispering Palms
Trail

2.Ramon Road and Cathedral Canyon
Drive

3.Vista Chino and Avenue Quintana

4.Gerald Ford Drive and Plumley Road

5.East Palm Canyon Drive and El
Dorado

6.Ramon Road and Desert Vista Road

7.Ramon Road and Da Vall Drive

8.Date Palm Drive and Via Olivera

9.Dinah Shore Drive and Plumley Road

10. Landau Drive and 30th Avenue

11. Date Palm Drive and Gerald
Ford Drive

12. Dinah Shore Drive and
Cathedral Canyon Drive

PROJECT REFERENCES
City of El Segundo | El Segundo Boulevard Improvement Project Contact Name: Cheryl Ebert, PE, Senior Civil Engineer
Contact Info: (310) 524-2321, [email protected]
Address: 350 Main Street, El Segundo, CA 90245
Project Description:

Street and pavement improvements, as well as traffic signal improvements (traffic signal hardware replacement & pedestrian countdown signal hardware installation) to a residential neighborhood, four arterial streets, and intersections.

Scope of Services: Construction Management, Inspection, and Material Testing City of Chino | Various Traffic Signal Projects
Contact Name: Michele Hindersinn, Principal Engineer
Contact Info: (909) 334-3213, [email protected] Address: 13220 Central Ave, Chino, CA 91710
Project List:

Ramona & Walnut Traffic Signal Modifications Street improvements Project; 11th Street Traffic Signal Modifications & Intersection Accessibility Project; Kimball/El Prado/Central Traffic Signal Improvement Project Euclid Avenue – State Route 83 Intersection Improvements & Traffic Signal, & Farmer Boys Street and Traffic Signal Improvement Project Scope of Services: Construction Management, Inspection, and Material Testing City of Alhambra | Pedestrian Countdown Signal Head Installation Project, HSIPL-5130(022) Contact Name: Robert Bias, Project Manager
Contact Info: (626) 570-5062, [email protected]
Address: 111 S 1st St, Alhambra, CA 91801
Project Description:

The Installation of Pedestrian Countdown Signal Head Systems Project (HSIP-5130(022)) consists of installing countdown signal heads at various intersections throughout the City.

Scope of Services: Construction Management, Inspection, and Material Testing Client Name & Contact Information:

City of Cathedral City
Andrew Lee, Assistant Engineer
(760) 770- 0319, [email protected]
Total Value of the Services Provided:
$250K
Key Personnel Involved and their Role:
§ Zack Faqih (Senior Construction
Manager)
§ Tommy Russell (Senior Inspector)
§ Jimmy Martin (Alternate Senior Inspector)
§ Brittany Duhn (Project Manager/OE)
Subconsultants:
§ Converse Consultants & ZT Consulting
Services Provided:
§ Construction Management, Labor
Compliance, Inspection, and Material
Testing
Federally Funded
Project through
HSIP Cycle 9
Grant Funding

Page 20 of 20 ends

City of
Alhambra

APPENDIX A – SAMPLE WEEKLY

NEWSLETTER
m3CONSUL
Item 1G - Page 123
T ANTS

BUILDING SOLUTIONS

Page 1 of 6 ends

To: Albert Mendoza, PE, Deputy Director of Public Works-City Engineer City Of La Habra
CC: Elias Saykali, PE Public Works Director/ City Engineer City Of La Habra
From: Zack Faqih, PE, CBO, MSCE, QSD/P, Senior Project/Construction Manager Z&K Consultants
Date: April 15 ,2024
Subject: Weekly Newsletter # 1– City of La Habra Vista Grande Park Improvements Project, City Project 2-P-22
WORK DONE SINCE PRE-CONSTRUCTION MEETING ON FEBRUARY 8TH, 2024:
• The Z&K team held the pre-construction meeting on Thursday February 8th, 2024. The meeting was attended by the city of La Habra Deputy Director/City engineer Mr. Albert Mendoza, PE, The Z&K team, The Contractor Legion and Tetra Tech (The project Designer), for specific details on the meeting particulars, please see the meeting minutes. • The Administrative notice to proceed was issued on Monday March 11th, 2024. The construction notices to proceed was issued on Monday March 25th, 2024. • Legion fencing sub-contractor commenced and completed the installation of the required perimeter fencing around the entire site on Monday March 25th through Wednesday March 27th, 2024 (The orange ESA fencing was placed so heavy equipment is not allowed to surcharge the trees to remain on the perimeter)
• Clearing and grubbing operations commenced on Monday April 1st, 2024; this operation is planned to continue toward the end of April 2024
• Legion crew commenced general site cutting and earth moving, vehicular path overex.

Converse soils compaction (sub consultant to Z&K) is on site monitoring and testing to confirm compaction levels.
• City of La Habra outsourced electrical contractor completed the power transfer to a new power pole so the restroom building can be abated and demolished and the power can be transferred and maintain the methane system energized.
• Legion office trailer was delivered to site on Friday April 12th, 2024. • All required BMP’S and SWPPP plans and permitting have been approved an a WDID has been issued.
• Montrose continues to test and monitor methane levels at the existing methane test ports. • Existing SCE transformer removed and replaced with a new transformer.

Week Ending: April 13, 2024
Administrative Notice to proceed Monday Mar 11 Thru Friday Mar 22nd Construction Notice to Proceed Monday March 25th, 2024
Contract working days 240 Working days (3 Rain Days)
Percent complete to Date (12/240) = 5%
Estimated completion Date March 28th, 2025
City of La Habra
Vista Grande Park Improvements Project, City Project 2-P-22 Item 1G - Page 124
m3CONSUL T ANTS

BUILDING SOLUTIONS

Page 2 of 6 ends

WORK SCHEDULED FOR NEXT WEEK:
• Z&K team will hold its next construction progress meeting next week on Wednesday April 17th, 2024, between 3 and 4.
• General site cutting and earthmoving operation to continue into next week. • Vehicular path overex operation to continue into next week. • Underground utilities operations are scheduled to commence on Monday April 29th, 2024. • Demolition of the restroom building is planned for the week of April 29th, 2024.

COMMENTS:
• The director of public works and the city manager made separate site visits on Monday April 8 th. The Construction management team along with the contractor provided responses to issues and concerns.
• Pay application number 1 for the month of March 2024 was reviewed and approved and is currently in processing at the city of La Habra
• The contractor requested 3 rain days as inclement weather thus far, requests were recommended for approval by the construction management team. • Drone photos and videos depicting existing site condition were taken to document the before condition, weekly drone photos and videos will be taken to document Field conditions.
• The Z&K team held a site meeting that included the following stakeholders. Two representatives from OCLEA, Two representatives from the water Board, Two representatives from the contractor. A representative from the city of La Habra. Discussed all issues and concerns and established protocol and rapid communication to deal with any issues that comes up.

Item 1G - Page 125

Page 3 of 6 ends

PROGRESS PHOTOS:

General site grading and earthmoving General site grading and earthmoving Restroom building slated for demolition General site grading and earthmoving Item 1G - Page 126

Page 4 of 6 ends

General site grading and earthmoving General site grading and earthmoving General site grading and earthmoving General site grading and earthmoving Item 1G - Page 127

Page 5 of 6 ends

General site grading and earthmoving General site grading and earthmoving Demolition of Entry Drive Obstacles Tree Protection Fencing Undergoing Installation Item 1G - Page 128

Page 6 of 6 ends

Cottonwood Tree Marked for Removal Testing for Methane by Montrose ( Hector) GPS Base Set up at Old Gravel Parking Lot Large Bucket Delivered for Excavator Item 1G - Page 129
EXHIBIT “C”

SCHEDULE OF COMPENSATION
A. The method of payment for this Agreement will be based on actual cost plus a fixed fee.

The City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for by Contract amendment. In no event, will Consultant be reimbursed for overhead costs at a rate that exceeds the City’s approved overhead rate set forth in the Cost Proposal. In the event that the City determines that a change to the work from that specified in the Cost Proposal and Contract is required, the Contract time or actual costs reimbursable by the City shall be adjusted by Contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by Contract amendment.

B. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. Consultant’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or Agreement award.

C. In addition to the allowable incurred costs, the City will pay Consultant a fixed fee of $28,254.09. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the scope of work and such adjustment is made by Contract amendment, as determined by the City’s Contract Officer.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the City’s Contract Officer before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Scope of Work, the City shall have the right to delay payment or terminate this Agreement.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.

H. Consultant will be reimbursed promptly according to California Regulations upon receipt by City’s Contract Officer of itemized invoices. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Consultant is billing.

Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Contract number and project title. Final invoice must contain the final cost and all credits due City. The final invoice should be submitted within sixty (60) Item 1G - Page 130
calendar days after completion of Consultant’s work. Invoices shall be emailed to City’s Contract Officer at the following email addresses: [email protected]; [email protected].

I. The total amount payable by the City including the fixed fee shall not exceed $324,989.10.

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

Item 1G - Page 131
September 5, 2025
Evaluation Committee
City of Palm Springs, Engineering
3200 E Tahquitz Canyon Way, Palm Springs, CA 92262
Subject: Revised Proposal for Construction Management Services related to the HSIP Cycle 9 Traffic Signal Modifications at Nine (9) Intersections Project, Federal Aid Project No. HSIP-5282(049), City Project No. 18-05 Evaluation Committee:

Z&K Consultants, Inc. (Z&K) proudly presents our cost proposal for the City of Palm Springs’ Request for Proposals to provide Construction Management Services related to the HSIP Cycle 9 Traffic Signal Modifications at Nine (9) Intersections Project, Federal Aid Project No. HSIPL-5282(049), City Project No. 18-05. Our not-to-exceed total lump sum fee for Construction Management Services is $324,989.10.

Z&K Consultants based our cost proposal on the scope of work provided in the Request for Proposals. All prevailing wage requirements will be followed by the team. All team members are in conformance with the State of California Labor compliance requirements. Rates included in our Cost Proposal are fully billable rates. All overhead costs are included. All insurance will be in force at the time of contract execution. Z&K has carefully selected this "A-Team" and committed our most qualified staff for the duration of the contract to deliver a successful project. We understand the importance of meeting budgets and schedules; we have a strategic plan in place to deliver projects with such benchmarks in mind. Our proposed team members are recognized as experts in Construction Management Services and will provide “turn-key” Construction Management and Inspection services for the City’s project.

Below is a table with the hourly rate schedule:

Z&K Consultants, Inc Hourly Rates:

Senior Construction Manager/Resident Engineer.......................................................................................... $270.61 Senior Construction/Traffic Signal Inspector.................................................................................................. $233.58 Project Manager/Office Engineer ................................................................................................................... $170,91 Labor Compliance ..........................................................................................................................................$113.94 Converse Hourly Rates:

Material Testing.............................................................................................................................................Attached Cost Proposal Terms & Conditions
Hourly Rates and Labor | The proposed cost is based on
estimated hours and billing rates for core staff. A full Hourly Rate Sheet can be provided, including rates for additional personnel who may be used as needed.

Staff Substitution & Support | Alternate or additional
qualified personnel may be assigned as needed and billed per the attached rates. Our team is cross-trained,
experienced, and able to adapt to project demands.

Subconsultant Costs | Subcontracted services will be
billed at cost plus a 10% markup to cover coordination, contract oversight, and administrative processing.

Exclusions | Unless otherwise stated, the following
services are excluded: Geotechnical and material testing; Surveying; SWPPP preparation, inspection, or reporting.

These services may be added through a mutually agreed
scope and contract amendment.

Overtime & Double Time | Overtime (1.5x) applies to
hours beyond 8 per day or 40 per week. Double time (2.0x) applies to work on Sundays, holidays, or as required by labor law. OT/DT charges apply when extended hours are
due to the contractor’s schedule or project conditions. Our inspector will be on-site whenever the contractor is working, regardless of pre-approval. If overtime is not pre-approved, we will still provide coverage and may assist with seeking reimbursement from the contractor.

Late Payment Interest | Per California Public Contract
Code §20104.50, Z&K may charge 10% annual interest on
undisputed invoices unpaid more than 30 days after
receipt, unless disputed in writing within 7 days.

I will serve as the contact person for the full duration on the contract and I am authorized to bind the firm to the terms of the proposal. By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. We are excited about this opportunity to serve the City of Palm Springs and are committed to the successful completion the City’s important project.

Sincerely,
Crystal Fraire, PE, QSD/P |President, Z&K Consultants Inc. 473 E. Carnegie Drive | Suite 200 | San Bernardino, CA 92400 951.310.7470 | [email protected]
Item 1G - Page 132
fB3CONSUL T ANTS

BUILDING SOLUTIONS
(951} 310-7470 I [email protected] I www.zandkconsultants.com ~ ('I lffl

NOT-TO-EXCEED FEE SCHEDULE
The fee proposal shall be based on a not-to-exceed fee for a construction period of 90 Working. Any additional services needed beyond the contract scope of work shall require prior approval from the City. This fee assumes the following:
• 15 hours a week for the Sr CM/Resident Engineer
• 8 hours a day for the Senior Construction/Traffic Signal Inspector • 12 hours a week for the Project Manager/Office Engineer • 2 hours a week for the Labor Compliance Officer
• Material Testing As-Needed

CITY OF PALM SPRINGS, PUBLIC WORKS ENGINEERING DEPARTMENT CONSTRUCTION MANAGEMENT SERVICES FOR THE HSIP CYCLE 9 TRAFFIC SIGNAL MODIFICATIONS AT NINE (9) INTERSECTIONS PROJECT, FEDERAL AID PROJECT NO. HSIP-5282(049), CITY PROJECT NO. 18-05 Task/ Classification
Sr Construction
Manager/ Resident
Engineer
(Hrs)
Sr Construction/
Traffic Signal
Inspector
(Hrs)
Project Manager/
Office Engineer
(Hrs)
Labor
Compliance
(Hrs)
Material Testing
Services Total Cost
Hourly Rate $ 270.61 $ 233.58 $ 170.91 $ 113.94 -
Pre-Construction Services 16 24 20 8 - $14,265.40
Construction Management 270 - 216 36 - $114,083.10
Construction Inspection - 720 - - - $168,177.60
Material Testing Services - - - - $14,194.11 $14,194.11 Project Closeout 16 24 20 8 - $14,265.40
TOTAL HOURS 302 768 256 52 - -
TOTAL $81,724.22 $179,389.44 $43,752.96 $5,924.88 $14,194.11 $324,989.10 The hours presented in the table above represent preliminary estimates at the time of proposal for each team member by task. These hours are not fixed and are provided solely for planning and budgeting purposes. Z&K reserves the right to reallocate hours between staff roles and tasks as necessary to best support project delivery and respond to evolving conditions, including direction from the City, contractor performance, field challenges, or changes in priorities. Such adjustments will be made within the established Not-to-Exceed (NTE) amount, unless a formal budget modification is requested and approved by the City.

Invoices will be submitted on a monthly basis and no later than three (3) months after services are rendered. Each invoice will include a summary cover sheet and detailed timesheets, itemized by staff, date, and subtask, consistent with the cost breakdown table provided in the agreement. No additional breakdown or documentation beyond the listed subtasks will be provided unless specifically requested and approved in writing by the City. If the City requests supplemental backup documentation beyond the standard deliverables, Z&K will provide such materials at an administrative rate of $148 per hour, plus any applicable staff labor time required to compile the requested information. Meetings or discussions related to invoicing will be billed at the established contract labor rates for participating staff, including the Contract Manager. These efforts will be billed outside of the Not-to-Exceed amount. Payment terms are Net 30 days from the date of invoice.

Item 1G - Page 133
m3CONSUL T ANTS

BUILDING SOLUTIONS
Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant’s Full Legal Name:

Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.

Indirect Cost Rate (ICR):

Combined Rate: Or
Home Office Rate: and Field Office Rate (if applicable):

Facilities Capital Cost of Money (if applicable):

Fiscal Period:*
* Fiscal period is annual one year applicable accounting period that the ICR was developed (not the contract period). The ICR is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.

I have reviewed the proposal to establish an ICR(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the ICR(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31).
• The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31.
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.

I am providing the required and applicable documents as instructed on the Financial Document Review Request form.

Financial Management System:

Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.

Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
Item 1G - Page 134
1 Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirements.

Cost Reimbursements on Contracts:

I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount ___________________ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is • Years of consultant’s experience with 48 CFR Part 31 is • Identify the type of audits listed below that the consultant has had performed (if applicable):

Cognizant ICR Audit Local Govt ICR Audit
Caltrans ICR Audit
CPA ICR Audit Federal Govt ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the ICR Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.

Name:** Title**:

Signature: Date:

Phone**: Email**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not process local agency’s invoices until a complete form is accepted and approved by the Independent Office of Audits and Investigations.

Item 1G - Page 135
2 Item 1G - Page 136
Inspector General
California Department of Transportation
Certification of rndirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) C It t
' F 11 L I N The Converse Professional Group onsu an s u ega ame: ----------------------- Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.

Indirect Cost Rate (ICR): 1
"'
b Com me
. d R t a e: -4 4S.2&- l A"l. 3 VI Or :':t U •
Home Office Rate: _______ _ and Field Office Rate (If applicable): _______ _ facilities Capital Cost of Money (if applicable}:-----------,-------- .01 /010022 12/3112022 01/01/.2023- 12/31 / 'J.0~3 Fiscal Period:* ----------- • Fiscal period is annual one year applicable accounting period that lhe ICR was developed (not the contract period), The ICR Is based on the consultant's one-year applicable accounting period for which fil'Wlcial statements are regularly prepared by the consultant.

I have reviewed the proposal to establish an fCR(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the ICR(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31).
• The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31.
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts.
• AU known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.

I am providing the required and applicable documents as instructed on the Financial Document Review Request form.

Financial Management System:

Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.} Section 112{b)(2): 48 CFR Part 31.201-2(d}: 23 CFR, Chapter 1, Part 172.11(a)(2}:
and all applicable state and federal rules and regulations.

Our financial management system has the following attributes:
• Account numbers identifying allowab,e direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
Ce,1ification of Indirect Costs and Finan::ial M.'.inagement :;ystern • lnc9penden1 Office of Aud:ts ~nd •~vcstiga,ions - Revised 9'.2022 Item 1G - Page 137
• Ability to accumulate and segregate allowable direct costs by project. contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs bilfed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirements.

Cost Reimbursements on Contracts:

I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program {FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11{cll4)
• False ClaimsAct-Tjtle 31 U.S,C. Sections 3729-3733
• Statements or entries generally - ]tie 18 U S.C. Sectjon 1001 • Major Fraud Act-Title 18 U,S.C, Section 1031
All A&E Contract Information:
• Total participation amount ________ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is __ 3 __ _ • Years of consultant's experience with 48 CFR Part 31 is __ 3_0 __ _ • Identify the type of audits listed below that the consultant has had performed (if applicable):
~ lca.vt b\0-.v\k.

Cognizant ICR Audit Jif Local Govt ICR Audit 0
CPA ICR Audit J21 Federal Govt ICR Audit □ Caltrans ICR Audit 0 I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the ICR Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S. C. Section 112(b)l2). 48 CFR Part 31, 23 CFR Part 17~ and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.

Name:** \-\As\:::O....,."% ~qA:z \ Title"*~' N c:::.. (PAL rf!:._,
Date: ::\ ( \Ja j 2.e:> 2.:1
Phone**: 'l.S: \ • 2"4 .. 5267 Emaii-: h q,.«03: e CPDYS!5c G'PO'EYL~-;,. ••An individual executive or financial officer of the consunant's or subconsultant's organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, v.ho has authority lo represent the financial Information used to establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not process local agency's invoices until a complete form is accepted and approved by the Independent Office of Audits and Investigations.

Cer.i(cation of lndirsc1 Costs and fmm,cJal i'-.fan;igcmert Sya!.em • Independent Office• of A:1C::~s and lnvest,galions - Rcr.,sed S/2022 2 Local Assistance Procedures Manual
Note: Mark-ups are Not Allowed X
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) )
f) )
h)
NOTES:

1. 2.

3. $ - $ -
$ - $ -
$ - $ -
$ -
$ - $ -
$ - $ -

DIRECT LABOR
Classification/Title Actual Hourly Rate
$ 40.00
Unit Cost Total
$ 0.70
k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.0
l)CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) $ 173,434.90
$ 28,254.09
Fringe Benefits (Rate:
$ -
i) Gen & Admin [(c) x (h)]
EXHIBIT 10-H1
Cost Proposal
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) $ -
$ -
Description of Item Quantity Unit
$ 109,106.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]
e) Total Fringe Benefits [(c) x (d)] $ -
Labor Compliance
Total
Senior CM/RE $ 95.00 $ 28,690.00
Date
Consultant
Contract No.
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]
Z&K Consultants, Inc
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Prime Consultant Subconsultant
$ - $ -
$ - $ -
$ 2,080.00
2nd Tier Subconsultant
PM/OE
Senior Inspector
Name
Project No. RFP-18-05 6/9/25
Zack Faqih
Amber Garcia
302
$ -
158.960%
$ 109,106.00

LABOR COSTS

FIXED FEE
$ -
%]

INDIRECT COSTS
g) Overhead [(c) x (f)] $ 173,434.90
(Rate: 0.000% )
Overhead (Rate:

0.000%
Mi
52 Hours
Brittany Duhn
Thomas Russell
256
768
with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. $ 60.00
$ 82.00
$ 15,360.00
$ 62,976.00
$ -
$ -
$ -
$ -
$ -
$ -
General and Adminstrative
14194.11
l) TOTAL OTHER DIRECT COSTS $ -
$ 14,194.11
Mileage Costs
$ -
The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

Anticipated salary increases calculation (page 2) must accompany.

TOTAL COST [(c) + (j) + (k) + (n)] $ 324,989.10
$ -
$ -
$ 14,194.11
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked $ 14,194.11
m) TOTAL SUBCONSULTANTS' COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Item 1G - Page 138
□ □ □
Local Assistance Procedures Manual
+ =
+ =
+ =
+ =
+ =
* =
* =
* =
* =
* =
=
* =
* =
* =
* =
* =
=
=
=
NOTES:

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the %

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)

20.0%

20.0%
100.0%
Total Direct Labor Cost with Escalation
$ 250,000.00
$56.28
Year 1
Year 2
Total
5000
5000
Estimated Hours Year 5
Estimated total of Direct Labor Salary Increase Transfer to Page 1 Year 1
Year 2
Year 3
Year 4

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Avg Hourly Rate
=
Direct Labor Subtotal before Escalation
$56,275.44
$ 265,456.79
Cost Proposal
1000
1000

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Year 3
Year 4
1000
1000
1000
5000
Estimated Hours Year 4
Total Hours per
Cost Proposal

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Year 5 $56.28 3% $57.96
EXHIBIT 10-H1

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided. increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 1000
1000
1000
1000
1000
$51,500.00
$53,045.00
$54,636.35
Estimate hours
(calculated above)
Cost per
Year
$50,000.00
Year 5
Avg Hourly Rate
(calculated above)
$ 15,456.79
5000
5000
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
Avg
Hourly
Rate
5 Year
Contract
Duration
Year 1 Avg
Hourly Rate
Year 2 Avg Houly Rate
Year 3 Avg Houly Rate
Year 4 Avg Houly Rate
Year 5 Avg Houly Rate
Year 6 Avg Houly Rate
$50.00
$51.50
$53.05
$54.64
$56.28
Proposed Escalation
Direct Labor
Subtotal per Cost
Proposal
$250,000.00
Year 1
Year 2
Year 3
Year 4
Estimated % Completed
Each Year
5000
$50.00
$53.05
$54.64
3%
3%
3%
3%
$51.50
Total Hours per Cost
Proposal
Year 5

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) 5000
Total
$50.00
$51.50
$53.05
$54.64
Total Hours per
Year
Estimated Hours Year 1
Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Estimated Hours Year 1
Estimated Hours Year 2
Estimated Hours Year 3
Item 1G - Page 139
January 2018
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed o Subconsultant x 2nd Tier Subconsultant Consultant
Project No. Contract No. RFP-18-05 Date September 6, 2024

DIRECT LABOR
Hours Actual Hourly Rate Total
1 $ 140.31 $140.31
Field Technician Diego Garcia 40 $ 60.96 $2,438.22
32 $ 60.96 $1,950.57
3 $ 30.90 $92.70
2 $ 26.78 $53.56
2 $ 20.60 $41.20
8 $ 19.06 $152.44

LABOR COSTS
a) Subtotal Direct Labor Costs $4,869.00
b) Anticipated Salary Increases (see page 2 for calculation) $0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $4,869.00

INDIRECT COSTS
d) Fringe Benefits (Rate: ) e) Total Fringe Benefits [(c) x (d)] $0.00 f) Overhead (Rate: 143.36% ) g) Overhead [(c) x (f)] $6,980.19 h) General and Administrative (Rate: ) i) Gen & Admin [(c) x (h)] $0.00 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $6,980.19
q) FIXED FEE 10.00% k) TOTAL FIXED FEE [(c) + (j)] x (q)] $1,184.92 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Unit Unit Cost Total
1 $1,160.00 $1,160.00
$0.00
$0.00
$0.00
$0.00
$0.00
$1,160.00
m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) $ -
$1,160.00
5 YEAR TOTAL COST [(c) + (j) + (k) + (n)] $14,194.11
Administrative Assistant
Bill Kowalski
Penney Munns
Word Processor Kathy Von Glahn
Dispatcher
Field Technician
Wyllie Duarte
Sample Pick-up Eric Barid
Description of Item Quantity
Laboratory Testing 1
Principal in Charge/Project Mgr. Hashmi Quazi, PhD, PE, GE EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Classification/Title Name
Converse Consultants
Prime Consultant
Subconsultant 6:
m) TOTAL SUBCONSULTANTS’ COSTS
Subconsultant 3:

Subconsultant 5:

Subconsultant 2:

Subconsultant 4:

Subconsultant 1:
l) TOTAL OTHER DIRECT COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] NOTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

Item 1G - Page 140

I I I I
; - · ·· ·········· ·· ·········· ·· ·········· ·i········· ·· ·········· ·· ·········· ·· ··r -······ ·· ·········· ·· ·········· ·· ·········· · ~ January 2018
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$4,869.00 = $55.33 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $55.33 + = $55.33 Year 2 Avg Hourly Rate
Year 2 $55.33 + = $57.54 Year 3 Avg Hourly Rate
Year 3 $57.54 + = $59.84 Year 4 Avg Hourly Rate
Year 4 $59.84 + = $62.24 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 50.00% * = 44.0 Estimated Hours Year 1
Year 2 50.00% * = 44.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 88.0
Year 1 $55.33 * = $2,434.50 Estimated Hours Year 1
Year 2 $55.33 * = $2,434.50 Estimated Hours Year 2
Year 3 $57.54 * = $0.00 Estimated Hours Year 3
Year 4 $59.84 * = $0.00 Estimated Hours Year 4
Year 5 $62.24 * = $0.00 Estimated Hours Year 5
= $4,869.00
= $4,869.00
= $0.00 Transfer to Page 1
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3

4.0%

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS

88.0 88.0

88.0 88.0
per Cost Proposal
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Direct Labor Subtotal Total Hours
88 per Cost Proposal

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
with the Federal cost principles. Subconsultants will provide their own cost proposals.

3. Anticipated salary increases calculation (page 2) must accompany.

NOTES:

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

Total Hours

3. Calculate estimated hours per year (Multiply estimate % each year by total hours)

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) per Cost Proposal
Cost per Year (calculated above)
Estimated total of Direct Labor Salary Increase

0.0%

4.0%

0.0 0.0
Direct Labor Subtotal before Escalation
Total Direct Labor Cost with Escalation

0.0 44.0
Total
Avg Hourly Rate Estimated hours
Completed Each Year
Estimated %

44.0 (calculated above)

88.0 Item 1G - Page 141
January 2018
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
Certification of Direct Costs:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Prime Consultant or Subconsultant Certifying:

Name: Title *:

Signature : 9/6/24
Email:

Address:

List services the consultant is providing under the proposed contract:

Geotechnical Observation, Materials Sampling and Testing.

Exhibit 10-H1 Cost Proposal Page 3 of 3
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Date of Certification (mm/dd/yyyy):

Phone Number:
2021 Rancho Drive, Ste. 1, Redldands, CA 92373
[email protected]
Hashmi Quazi Principal in Charge
909-474-2847
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Item 1G - Page 142
ATTACHMENT B - Page 2 of 2
Consultant or Subconsultant Contract No. RCTD On Call Date 12/1/23 Unit Unit Cost Total
A. 4 $ 190.00 $ 760.00
B. 2 $ 200.00 $ 400.00
C. $ - $ -
D. $ - $ -
E. $ -
F. $ -
G. $ -
H. $ -
I. $ -
J. $ -
K. $ -
TOTAL ODC's = $ 1,160.00
IMPORTANT NOTES:

1. List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations.

2. Proposed items should be consistently billed directly to all clients (Commercial entities, Federal Govt., State Govt., and Local Govt. Agency), and not just when the client will pay for them as a direct cost.

3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in overhead rate.

4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice )

5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct costs.

6. Travel related costs should be pre-approved by the contracting agency. The rates should not exceed the State Department of Personnel Administration (DPA) requirements.

7. If mileage is claimed, the rate should be supported by the consultants calculation of their actual costs for company vehicles. In addition, the claimed should be supported by mileage logs.

Converse Consultants

SCHEDULE OF OTHER DIRECT COST ITEMS
Description of Items
Modified Proctor (soils)
Modified Proctor (aggregate base)
Item 1G - Page 143
EXHIBIT “D”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1G - Page 144
EXHIBIT “E”

FISCAL AND FEDERAL PROVISIONS
ARTICLE I INTRODUCTION – NOT USED
ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK – NOT USED

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on October 22, 2025, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on October 22, 2027, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee.

LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work.

The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $28,254.09. The fixed fee is nonadjustable for the term of the AGREEMENT, except in Item 1G - Page 145
the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be emailed to LOCAL AGENCY’s Contract Administrator at the following address:
[email protected]; [email protected] I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $324,989.10.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this Item 1G - Page 146
AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

Item 1G - Page 147

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations.

CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the Item 1G - Page 148
American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

Item 1G - Page 149
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services.

Item 1G - Page 150
CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer https:/dot.ca.gov/programs/construction/labor-compliance. These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT.

The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

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6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.

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b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the Item 1G - Page 154
AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Item 1G - Page 155
Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of 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 and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of 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 and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov.

Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

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F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federallyassisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

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ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract.

Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://californiaucp.dbesystem.com/.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 16%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15- H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance Under 49 CFR 26.13(b):

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CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

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11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above.

Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation. • CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days.

Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement.

CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment Item 1G - Page 160

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self-perform, to the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
• Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.

F. Commitment and Utilization The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1st -tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date.

CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, Item 1G - Page 161
CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.

G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract.

The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

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CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

Item 1G - Page 163
I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

L. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE – NOT USED

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

Item 1G - Page 164
D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and City Engineer, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

Item 1G - Page 165

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).

Item 1G - Page 166
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, Item 1G - Page 167
because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary.

Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, Item 1G - Page 168
(hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B – NOT USED
APPENDIX C – NOT USED
APPENDIX D – NOT USED
Item 1G - Page 169

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Item 1G - Page 170
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

ARTICLE XXXIII NOTIFICATION – NOT USED
ARTICLE XXXIV CONTRACT – NOT USED
ARTICLE XXXV SIGNATURES – NOT USED
Item 1G - Page 171
Attachment D
Item 1G - Page 172
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(BB&K 2024)
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT NO.

A8620, TRAFFIC SIGNAL IMPROVEMENTS (HSIP CYCLE 9), CITY PROJECT NO. 18-05, FEDERAL AID PROJECT NO. HSIPL-5282(049)

BETWEEN THE CITY PALM SPRINGS AND KIMLEY-HORN AND
ASSOCIATES, INC.

1. Parties and Date.

This Amendment No. 2 to the Professional Services Agreement No. A8620 is made and entered into as of this 22nd day of October, 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Kimley-Horn and Associates, Inc., a North Carolina Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. City and Consultant have entered into an agreement titled “Professional Services Agreement No. A8620 for HISP Cycle 9 Traffic Signal Improvements, Federal-Aid Project No. HSIPL-5282(049); City Project 18-05” dated December 3, 2020 for the purpose of retaining the services of Consultant to provide environmental and traffic engineering design services related to the HSIP Cycle 9 Traffic Signal Improvements, Federal-Aid Project No. HSIPL- 5282(049); City Project 18-05 (“Project”) in an amount not to exceed $248,329 and a term of 5 years.

2.2 First Amendment. City and Consultant amended the Agreement to provide additional services, increasing Purchase Order 21000641 by eighteen thousand ninety-one dollars ($18,091.00) for a new maximum contract amount of $266,421.00.

2.2 Amendment Purpose. City and Consultant now desire to amend the Agreement to provide additional services, increasing Purchase Order 21000641 by seventy-six thousand seven hundred eighty-nine dollars and thirty-one cents ($76,789.31) for a new maximum contract amount of $343,210.31, and to extend the term of the Agreement to December 3, 2027, in order to continue providing services until Project completion.

2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 2.3 Changes in scope of the Agreement.

3. Terms.

3.1 Maximum Contract Amount, Section 2.1 of the Agreement is hereby amended to add the following:

Compensation shall not exceed the maximum contract amount of three hundred forty-three thousand two hundred ten dollars and thirty-one cents ($343,210.31).

3.2 Term, Section 3.4 of the Agreement is hereby amended to add the following:

The term of this Agreement is extended to December 3, 2027.

Item 1G - Page 173
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(BB&K 2024)

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Item 1G - Page 174
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(BB&K 2024)
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT NO. A8620
BETWEEN THE CITY PALM SPRINGS AND KIMLEY-HORN AND ASSOCIATES, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONSULTANT:

By: ____________________________ By: ______________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1G - Page 175
kimley-horn.com 73-700 Dinah Shore Dr Unit 101, Palm Desert, CA 92211 760-565-5103 August 4, 2025
Mr. Francisco J. Jaime, P.E.

Principal Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Highway Safety Improvements Program (HSIP) Cycle 9 Traffic Signal Improvements Project – Additional Design Services
Dear Mr. Jaime:

This letter requests your authorization for the following additional tasks, not included in our original contract for the Highway Safety Improvements Program (HSIP) Cycle 9 Traffic Signal Improvements Project, dated December 3, 2020.

Scope of Services
Kimley-Horn will provide the following additional services beyond what was part of the original scope of work.

Scope of Services
Task A – Project Management
This task will consist of additional project coordination with team, administration, setting up, and attendance at project meetings beyond what was included in the original contract. Kimley-Horn’s administration efforts include development and maintenance of project schedule, work plan, budget, and filing system and processing timely invoices/progress reports on a monthly basis.

Task A.1 – Project Progress Meeting
Kimley-Horn will participate in six (6) additional meetings beyond what was included in the original contract. Kimley-Horn will provide agendas and meeting minutes documenting decisions and action items. Kimley-Horn will coordinate with the City, Coachella Valley Association of Governments (CVAG), and CVAG’s consultant to incorporate comments. Additionally, Kimley-Horn will coordinate with St.

Francis Electric, the City’s Traffic Signal Maintenance Contractor, to incorporate the City’s new standard equipment list.

Deliverables
 Meeting Agendas
 Electronic Copy of Meeting Minutes
Task B – Plans, Specifications, & Estimates (PS&E)
Kimley-Horn will provide five (5) PS&E submittals beyond what was anticipated under the original contract. Kimley-Horn will submit one (1) PDF electronic copy of the 100% plans and one (1) electronic copy in Word format of the technical special provisions to the City for review. The 100% engineer’s opinion of probable construction cost (OPCC) will be submitted to the City in .pdf electronic format.

Item 1G - Page 176
Kimley>>> Horn
kimley-horn.com 73-700 Dinah Shore Dr Unit 101, Palm Desert, CA 92211 760-565-5103 Task B.1 – Improvements Plan Preparation
The PS&E submittals will include updated street improvement plans and traffic signal modification plans. The design plans will be in accordance with current City of Palm Springs, California Manual on Uniform Traffic Control Devices (CA MUTCD), and Caltrans standards. The PS&E package will include traffic signal modifications plans prepared at 20-scale (1” = 20’), full-sized sheets using AutoCAD 2024 version drafting software. The traffic signal modification plans will include up to ten (10) design sheets and up to one (1) detail sheet for the seven Project intersections. Additionally, the PS&E package will include civil improvement plans prepared at 5-scale (1”=5’), full-sized sheets using AutoCAD 2024 version drafting software. The civil improvements plans will include up to three (3) design sheets showing up to four (4) curb ramp improvements at the Project intersections.

The PS&E submittal will include updates to the design plans, technical specifications, and OPCC (PS&E) per changes with overlapping projects in the City, City standard equipment list, relevant changes with the Caltrans Standard Plans, and changes within the HSIP Cycle 9 Analyzer. After each of the five submittals, Kimley-Horn will revise the design plans, technical specifications, and opinion of probable construction costs per one round of consolidated City comments and develop the final PS&E.

Kimley-Horn will provide a digital file for the specification package in Microsoft Word format at the Project completion.

Deliverables:
 Five (5) Additional Submittals for Updated Design Plans, Specifications, and Bid List Assumptions
 Outreach with business and property owners is not included  Utility coordination is not included
 Survey is not included
Schedule
We are prepared to proceed and will endeavor to meet your scheduling needs.

Fee and Billing
Kimley-Horn’s anticipated fee for these services is $76,789.31. These services are outside of the scope of our original contract dated December 3, 2020 and require your written authorization. These efforts will be completed under the terms and conditions of our original contract.

Item 1G - Page 177
Kimley>>> Horn
kimley-horn.com 73-700 Dinah Shore Dr Unit 101, Palm Desert, CA 92211 760-565-5103 Closure
In addition to matters set forth herein, our Agreement shall include and be subjected to, and only to, our signed, executed contract, dated December 3, 2020.

Please sign where indicated to authorize these additional services and email back to us at [email protected] cc [email protected]. Please call me if you have any questions or if you require any additional information at (213) 354-9402. We appreciate the opportunity to provide these services to you.

Sincerely,
Kimley-Horn and Associates, Inc.

Jean Fares, P.E. (#TR 2097)
Project Manager

Agreed to this ________________ day of ___________________________, 2025 City of Palm Springs
By:

Title:
_______________________________________
(Date)
______________________________________
(Print or Type Name)
Item 1G - Page 178
Kimley>>> Horn
195.25% Overhead%
194.64% Overhead% w/o FCCM Category/Title
10% Fee% Direct Rate $130.15 $98.67 $72.31 $61.28 $51.00 Billing Rate $422.62 $320.40 $234.80 $198.98 $165.60
Task A: 14 0 0 14 14 42 $ 11,020.86
A.1 6 6 6 18 $ 4,723.22 A.2 8 8 8 24 $ 6,297.63 A.3
Task B: 33 18 38 16 205 310 $ 65,768.45
B.1B.2B.3B.4 12 6 8 4 53 83 $ 18,445.12 B.5 9 12 18 6 83 128 $ 26,813.75 B.6B.7B.8 6 6 3 39 54 $ 11,000.01 B.9 6 6 3 30 45 $ 9,509.57 B.10 47 18 38 30 219 352
$ 19,862.92 $ 5,767.12 $ 8,922.43 $ 5,969.54 $ 36,267.31 $ 76,789.31 $ 76,789.31

TOTAL HOURS
Subtotal Labor:

Other Direct Costs/Escalation
TOTAL COST:

Construction Phase Authorization
Kimley-Horn and Associates, Inc.

Analyst Sr. Professional II
Kimley-Horn
Total Hours
Kimley-Horn
Total Cost
Professional II Professional I Sr. Professional I

CITY OF PALM SPRINGS
HSIP Cycle 9 Traffic Signal Improvements
Federal-Aid Project No. HSIPL-5282(049); City Project No. 18-05 - AMENDMENT General
ScheduleProject ManagementMeetings
Title Sheet
Phase II - Engineering Design - Plans, Specifications, and Estimates (PS&E) Improvement Plan PreparationTechnical SpecificationsOpinion of Probable CostsDetail SheetsRoadway Improvement PlansTraffic Signal PlansTiming SheetsCommunication Network Schematic Item 1G - Page 179
Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 7/31/2025

DIRECT LABOR
Hours
0 Sr. Professional II 47
18 38
30 219
0 LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 23,648.29

INDIRECT COSTS
d) Fringe Benefits ( Rate: ) e) Total Fringe Benefits [(c) x (d)] $ - f) FCCM ( Rate: 0.61% ) $ 144.25
h) General and Administrative ( Rate: 194.64% ) i) Gen & Admin [(c) x (h)] $ 46,029.03 j) TOTAL INDIRET COSTS [(e) + (g) + (i)] $ 46,173.29
FIXED FEE k) TOTAL FIXED FEE [(c) + (e) + (i)* fixed fee 10% ] $ 6,967.73 Quantity Unit
l) TOTAL OTHER DIRECT COSTS $ -
Subconsultant 1:

Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
$ -
$ -
$ 76,789.31
TBD $130.15 6,117.05 $
$0.00
(m) TOTAL SUBCONSULTANS' COSTS
$0.00 - $
$0.00 - $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) (n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (n)]
$0.00
$0.00
$ -
g) Overhead [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item Unit Cost Total
Project Support TBD $40.06 $ -
$ 23,648.29
Analyst TBD $51.00 $ 11,169.00
Sr. Professional I
Professional I TBD $61.28 $ 1,838.40
Professional II
TBD $98.67
$72.31
$ 1,776.06
TBD $ 2,747.78
Total
Principal/Subject Matter Expert $137.71 $ -
Exhibit 10-H1 Cost Proposal
Actual Cost-Plus-Fixed Fee or Lump Sum (Firm Fixed Price) Contracts (Design, Engineering and Environmental Studies)
Kimley-Horn and Associates, Inc.

HSIPL-5282(049)
Classification/Title Name Actual Hourly Rate
TBD
Prime Consultant Subconsultant 2nd Tier Subconsultant

Page 1 of 3 ends

January 2018
Item 1G - Page 180
□ □
Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Consultant Contract No. Date 7/31/2025

1. Calculate average hourly rate for 1st Period of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal per
Cost Proposal
Total Hours
per Cost
Proposal
Avg Hourly
Rate Contract Duration
$ 23,648.29 / 352 = $67.18 Period 1 Avg Hourly Rate
Avg Hourly Rate Proposed
Escalation
Period 1 $67.18 + 5% = $70.54
Period 2 $70.54 + 5% = $74.07
Period 3 $74.07 + 5% = $77.77 Period 4 Avg Hourly Rate
Period 4 $77.77 + 5% = $81.66 Period 5 Avg Hourly Rate
Estimated %
Completed Each
Period
Total Hours
per Cost
Proposal
Total Hours
per Period
Period 1 100.00% * 352 = 352 Estimated Hours Period 1
Period 2 0.00% * 352 = 0 Estimated Hours Period 2
Period 3 0.00% * 352 = 0 Estimated Hours Period 3
Period 4 0.00% * 352 = 0 Estimated Hours Period 4
Period 5 0.00% * 352 = 0 Estimated Hours Period 5
Total 100% Total = 352

4. Calculate Total Costs including Escalation (multiply average hourly rate by the number of hours) Avg Hourly Rate
Estimated
Hours
(calculated above) (calculated above)
Period 1 $67.18 * 352 = $23,648.29 Estimated Hours Period 1 Period 2 $70.54 * 0 = $0.00 Estimated Hours Period 2
Period 3 $74.07 * 0 = $0.00 Estimated Hours Period 3
Period 4 $77.77 * 0 = $0.00 Estimated Hours Period 4
Period 5 $81.66 * 0 = $0.00 Estimated Hours Period 5
= $23,648.29
= $23,648.29
= $0.00 Transfer to Page 1
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary Increase
Cost
Per Period
Total Direct Labor Cost with Escalation
Exhibit 10-H Cost Proposal
Actual Cost-Plus-Fixed Fee or Lump Sum (Firm Fixed Price) contracts (Calculations for Anticipated Salary Increases)
Kimley-Horn and Associates, Inc.

2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Period 2 Avg Hourly Rate
Period 3 Avg Hourly Rate

3. Calculate estimated hours per year (Multiply estimate % each period by total hours)

Page 2 of 3 ends

January 2018
Item 1G - Page 181
Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Name: Title*:

Signature: _ Date of Certification (mm/dd/yyyy): 7/31/2025 Email: Phone Number:

Address:

List services the consultant is providing under the proposed contract:
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Engineering Services
Anthony Podegracz Vice President
[email protected] 213-261-4040
660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 Prime Consultant or Subconsultant Certifying:

Exhibit 10-H1 Cost Proposal
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Page 3 of 3 ends

January 2018
Item 1G - Page 182
Attachment E
Item 1G - Page 183
Item 1G - Page 184

CITY OF PALM SPRINGS

ENGINEERING SERVICES DEPARTMENT
PART IIREQUIRED BID DOCUMENTS
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS
CITY PROJECT NO. 18-05
FEDERAL AID PROJECT NO. HSIPL-5282(049)
• Bid Form Checklist
• Addenda Acknowledgement
• Bidder's General Information
• Bidder's List of Subcontractors (DBE and Non-DBE) - Parts I & II • Bid Proposal Acknowledgment
• Non-Collusion Declaration
• Certificate of Non-Discrimination by Contractors
• Bid Bond (Bid Security Form)
• Public Integrity Disclosure Form
• Public Labor Agreement Acknowledgement
• Exhibit 15-G: Construction Contract - DBE Commitment
• Exhibit 9-1: DLA DBE Confirmation
• Exhibit 15-H: Proposer/Contractor Good Faith Efforts
• Public Contract Code Statements
• Equal Employment Opportunity Certification
• Debarment and Suspension Certificate
• Non-Lobbying Certificate
Item 1G - Page 185
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)

REQUIRED BID DOCUMENTS
Only the following listed documents shall be fully executed and submitted with the Bid.

Type Initial
Document - Addenda Acknowledgement )~
Document - Bidder's General Information \
~ ' Document - Bidder's List of Subcontractors (DBE AND NON DBE) - Part I ,. ~
Document - Bidder's List of Subcontractors (DBE AND NON DBE) - Part II ~ "'-.,.J Document - Bid Proposal Acknowledgment \,./
Document - Non-Collusion Declaration 1
r
Document- Certificate of Non-Discrimination by Contractors ',,J Document - Bid Bond (Bid Security Form)
Document - Public Integrity Disclosure Form ~rl
Document - PLA Acknowledgement Form ~~ Document- Exhibit 15-G: Construction Contract- DBE Commitment ~ Document - Exhibit 9-1: DLA DBE Confirmation ~
- Document - Exhibit 15-H: Proposer/Contractor Good Faith Efforts ~ Document - Public Contract Code Statements ~"' Document - Equal Employment Opportunity Certification ~"' Document - Debarment and Suspension Certificate JJ,J Document - Non-Lobbying Certificate ~
I ~
Confirm - Cost has been Filled out, see "Line Items" tab within PlanetBids ✓ Confirm - You have reviewed the plans & specifications and brought to \·. City's attention any questions or issues within the Q&A period. - 1-J Confirm - You have read all questions and answers in the Q&A section Confirm - You
within
have
PlanetBids
the relevant
before
project
submittina
experience
bids ~ required as stated in
the Notice inviting bids and Bidder's General Information Form. ~ \J Note:
1) Failure to fully execute & submit all listed documents will render a Bid non-responsive and subject to rejection. 2) Initial each box to verify each form has been filled out and included in your bid submittal.

Elecnor Belco Electric, Inc.

Name of Bidder or Firm

PART II - REQUIRED BID DOCUMENTS
PAGE 1
Item 1G - Page 186
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)

ADDENDA ACKNOWLEDGMENT
BID TO: CITY OF PALM SPRINGS, CALIFORNIA
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents.

Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged):

Number __ _,_ __ _
Number __ ~---
Number ------
Number _____ _
Number _____ _
Date ':\ / 2.:z/ 'ZS
Date q /-z_3 /-Z...5
Date ---------
Date ________ _
Date ________ _
Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification:

I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract.

To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-Collusion Declaration, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s).

Bidder: Elecnor Belco Electric, Inc.

By: ,John Won
(Signature)
Date: 9/08/2025
Title: Executive Vice President

PART II - REQUIRED BID DOCUMENTS
PAGE 2
Item 1G - Page 187
City of Palm Springs
Engineering Services Department
HSIP CYCLE 9
City Project No. 18-05
Addendum Number 1
The intent of this Addendum No. 1 is to provide updated Davis Bacon wage rates.

THE FOLLOWING CONSTRUCTION DOCUMENT CHANGES SHALL BE ACKNOWLEDGED:
1) Part VI - Agreement Documents
• The Davis-Bacon Wage Determination included in Exhibit "C" of the Construction Agreement has been updated to reflect the latest wage rates issued on September 19, 2025. The updated DavisBacon Wage Determination, dated September 19, 2025, and attached to this Addendum No. 1, shall supersede and replace all prior versions.

Date: September 22, 2025, By: ___,.4'---~- ~- ~ - --- ( Joel Montalvo, PE City Engineer
CP t\J IN()~ ~ec..,j" \}t. '-' -~ • I
'ECECM:>a. ~~u_o 'c:,L~L, \ NC.

Item 1G - Page 188
City of Palm Springs
Engineering Services Department
HSIPCYCLE9
City Project No. 18-05
Addendum Number 2
The intent of this Addendum No. 2 is to provide a revision to the bid item quantities and extend the bid opening date.

THE FOLLOWING CONSTRUCTION DOCUMENT CHANGES SHALL BE ACKNOWLEDGED:
1) Line Items: Bid Item No. 13, Construct PCC Spandrel
• The unit of measure for Bid Item No. 13, Construct PCC Spandrel, is revised to Square Feet in lieu of Cubic Yards as currently shown.
• The quantity for Bid Item No. 13 shall be 636 Square Feet. 2) Part 1 - Notice Inviting Bids
• The bid opening date is extended to Monday, September 29, 2025 at 12:00PM PST.

Date: September 23, 2025, By: __ f: ___ v._~- ~--- / oel Montalvo, PE City Engineer
01 ~ \W \N~~, e ieur,,~'E. \). ~ •
e Le<..NC::fi2- ~e\..Co 6-s:--U~, lNC..

Item 1G - Page 189
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)

BIDDER'S GENERAL INFORMATION
The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection.

1. BIDDER/CONTRACTOR'S Name: Elecnor Belco Electric, Inc.

Address: 14320 Albers Way, Chino, CA 91710
Telephone Number: ( 909 ) _9_9_3_-5_4_70 _______ _
Contact Person: John Wong --------------- E -Mai I: [email protected] Tax Identification Number: 33-0768970 ------------

2. TYPE OF FIRM:

3. 4.

5. □ Individual Partnership Limited Liability Company
~Corporation (State CA ) Other (specify) _________ _
__ Minority Business Enterprise(MBE)
__ Women Business Enterprise(WBE)
__ Small Disadvantaged Business (SOB)
Veteran Owned Business
_ _ Disabled Veteran Owned Business
CONTRACTOR'S LICENSE: Primary Classification _A_,_B_,_c_-I_o _____ _ State License Number(s) _7_3_8_51_8 _______________ _
Supplemental License Classifications ______________ _
DIR Public Works Contractor Registration No. _10_0_0_00_4_8_04 _______ _ BUSINESS LICENSE: Do you currently have an active City of Palm Springs Business License? 'i Yes __ No If Yes, License No.: CBL-CD\l-\SC\-Z.02-3
Number of years' experience as a contractor in this specific type of construction work: ~ z.~

PART II - REQUIRED BID DOCUMENTS
PAGE 3
Item 1G - Page 190
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)
BIDDER'S GENERAL INFORMATION (Continued)
List three (3) public works projects that are similar in scope and cost to the subject project, and which have been completed within the past seven (7) years:

List at least three related projects completed to date:
a. Name of Project:Traffic Signal Modifications on Honolulu Ave. & Pennsylvania Ave.

Contact: Sarkis Oganesyan Phone: (818) 548-3945
Location of Project (City/State): _G_l_en_d_a_le_, C_A ________ _ Contract Amount $4,
45o, 149.oo Date Completed _2_12_0_23 ___ _
Description of Work Done: Modify (5) Traffic Signal Intersections, Video Detection Systems, Fiber Optic
b. Name of Project: Media District Signal Project
Contact: Vikki Davtian Phone: (818) 238-3965
Location of Project (City/State): _B_u_rb_ank _ ,_c_A ________ _ Contract Amount $2,
933,
614-
00 Date Completed _ 3_/2_1 ___ _
Description of Work Done: Modify (23) Traffic Signal Intersections, Video Detection Systems, Fiber Optics
c. Name of Project:Highway Safety Improvement Project; 120th St, Improvement Project Contact: Akbar Farokhi Phone: (310) 349-2983
Location of Project (City/State): _ H_a_wt_h_om_ e,_C_A _______ _ Contract Amount $4,599,828.00 Date Completed _9_/_20_2_4 ___ _ Description of Work Done: Modify (9) Traffic Signal Intersections

7. Name of Project Manager/Superintendent: _R_a_Ip_h_A_n_tun_a _______ _ _

8. Name(s) of person(s) who inspected job site: _ Ra_I..,_ph_ A_ntu_ na _ ______ _ _

9. Surety Company and Agent who will provide the required Bonds:

Name of Surety \ehU..\.5 ~~s ~~ ~1et\S-r
Address 175 Berkeley Street
Boston, MA 02116
Surety Company Liberty Mutual Insurance Company
Agent '<'1?1N 't-\ ~P,..j
Telephone Numbers: Surety (B(&) 2'-\' - L{l.{"2-8 Agent @@)'5l, _q~qs

PART II - REQUIRED BID DOCUMENTS
PAGE 4
Item 1G - Page 191
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)
BIDDER'S LIST OF SUBCONTRACTORS (DBE and Non-DBE) - Part 1 As required under Section 4104 of the Public Contract Code, the Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection.

Special Note: The Prime Contractor shall perform not less than 50% of the Work identified in this Bid. In the event a Bidder lists subcontractors who will perform Work under this Bid in excess of 50% of the Work identified in this Bid, the Bid shall be considered non-responsive.

A. BIDDER'S PORTION OF WORK Page_1_of L

1. Name of Prime Contractor:

E-\vl"-..\A7 ~t::"t ra 'GL.-e~, \NC..

2. Bid Items I Portion of Work to be Self-Performed (if less than 100% of the contract):
*\r-1-3

3. Dollar Amount of Work Self- 4. Percentage of Work Self-Performed: 5. Date:

Performed:
q/zq/zoz5
By signing the Bid Form, Contractor hereby certifies that it will perform not less than 50% of the Contract Work with its own forces.

B. LIST OF SUBCONTRACTORS

1. Type of Subcontractor (Check One) )!. First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking)

1. Subcontractor Name:
~~t ~ ~~~

2. Address:

22.il\ E.., ~ '?N..>J\A. ~E 'f.D~ \.J..r-..\~, C,A 0\"2.~1

3. Bid Items/Portion of Work:
\,2(~~ u.-\(o (.\~\L ~a(U.L..

5. Phone No.: 6. Contractor's License No.:
('"1l'-\)2-"3'b- l\..\'-'\l..\ \oo\~7Y

8. Amount of Contracted Work: 9.DIR Public Works Contractor ~C\\,C\f:o Registration No: lCX:XX:,(ot.t,~-z_ ~

10. Percentage of Contracted Work: 11 . DBE Firm? □ Yes 9(-NO q_ f"o"f.

7. Annual Gross Receipts:
□ < $1M □ <$5M □ < $10M
□ < $15M '6 > $15M

12. DBE Certification No.:
tJ~

PART II - REQUIRED BID DOCUMENTS
PAGES
Item 1G - Page 192
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)
BIDDER'S LIST OF SUBCONTRACTORS (DBE and Non-DBE) - Part 1 (Continued, if page not needed, delete)
Page_Lof l:_

1. Tvoe of Subcontractor (Check One) a First Tier; □ Second Tier; □ Suoolier; □ Service Contractor (e.o. Truckino)

2. Subcontractor Name:
~\j~en .. ux-z- ~Mer-A.~ "-"~~"S

3. Address:

Qo ~'I- z-z~ "\3~ fV\c)N\ J (j\ C\222:>

4. Bid Items/Portion of Work:
-i\:: \ 7, \0\. , 2 o , 2- ' , 2~ "S\.C~N\N~ 't- ~~~,~~

5. Phone No.: 6. Contractor's License No.: 7. Annual Gross Receipts:
(.O\Sl~«c')'-\S-21G\C\ \\ \.\ \ 'o<o 1 □ < $1M □ < $SM y< $10M

8. Amount of Contracted Work: 9. DIR Public Works Contractor □ < $15M □ > $15M ~\4c,,'o2Cc Registration No: ZOo0:>\$2'-lC)

10. Percentage of Contracted Work: 11. DBE Firm? □ Yes ~No 12. DBE Certification No.:
\.q·1- 'fJA

1. Type of Subcontractor (Check One) J4. First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking)

2. Subcontractor Name:

4. Bid Items/Portion of Work:
~ \ '&)(2~e~

5. Phone No.: 6. Contractor's License No.: 7. Annual Gross Receipts:
7 ll-\ _ {bO\Li?, L'Ol.\\ \ □ < $1 M lll < $5M □ < $1 OM 1-8.,___"""' A-m--,o,-u"""nt=o=f'-C-o.:... nt-ra_c..:.. te_d_W_o_rk_: ___ -+-9-_ - D-IR_ P_u_b-lic_ W_o_rk_s_ C_o_n_tr-ac-to- r-1 ° < $1SM O > $1SM ~ \7 \.\CXJ Registration No: \CXOX)\S~

10. Percentage of Contracted Work: 11. DBE Firm? □ Yes y. No 12. DBE Certification No.:
l -~·r. Nf\

1. Type of Subcontractor (Check One) □ First Tier;□ Second Tier;)i(.Supplier; □ Service Contractor (e.g. Trucking)

2. Subcontractor Name:
\2.oc.i\J~ -F. Le-rrc,.• r -

3. Address:
-Z.O\OC\l.\ ~Piw\~'S~\~ (Aru-~ ~~,~€E, CA C\?..58\..\

4. Bid Items/Portion of Work:
-:kl: \j -2.3 S\JWUI ~~(... ~~NA- ~\.e.S I II'-\~"'~

5. Phone No.: 6. Contractor's License No.:
(_ oCA)12.o -f,ff~O \ \Ob54l-\

8. ~unt of Contracted Work: 9. DIR Pu.blic Works Contractor ~':.. I:. ,_:_ • t-- t\~ ;:,rz. Registration No: z.ercocr~a.-i.,

10. Percentage of Contracted Work: 11. DBE Firm? ~ Yes □ No IN\~ H...- SOWC/ ::;. o \ _qC\ '/ •

7. Annual Gross Receipts:
□ < $1M i-it< $SM □ < $10M
□ < $15M □ > $15M

12. DBE Certification No.:
5\C\S'o

PART II - REQUIRED BID DOCUMENTS
PAGE6
Item 1G - Page 193
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)

BID PROPOSAL ACKNOWLEDGEMENT FORM
BID TO: CITY OF PALM SPRINGS, CALIFORNIA
BID FROM: Elecnor Belco Electric, Inc.

The undersigned Bidder proposes and agree, if this Bid is accepted, to enter into an Agreement with the City in the form included in the contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents.

Bidder accepts all of the term and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security.

This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Performance Bond, Payment Bond, Warranty Bond, and all Permits required by the Contract Documents.

Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary.

In conformance with the current statutory requirements of the California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification:

I am aware of the provision of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake selfinsurance in accordance with the provisions, before commencing the performance of the Work of this Contract.

To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-Collusion Declaration, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bid Schedule(s).

The Base Lump Sum Bid commits the bidder to a "Firm Fixed Price" cost, and includes all other incidental or additional costs required to complete the work as identified in the contract documents.

The Base Lump Sum Bid is inclusive of all other costs, including all materials, supplies, labor, vehicles, equipment and ancillary costs required to complete the work. A detailed schedule of values for the lump sum bid shall be fully executed and submitted with the Bid not later than seven (7) calendar days of the bid opening. If required, the Bidder is to revise the schedule of values to the satisfaction of the City Engineer.

PART II - REQUIRED BID DOCUMENTS
PAGE13
Item 1G - Page 194
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)

BID PROPOSAL ACKNOWLEDGEMENT FORM (CONTINUED)
QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work.

SPECIAL NOTE: In the event of any "missing" bid items or scope of work not otherwise included or identified in the Bid Schedule, but indicated or required by the Plans and Specifications, the Contractor shall prosecute the work as required by the Plans and Specifications, and payment for any "missing" bid items or scope of work shall be included in the various bid items of work, and no additional payment will be allowed therefore.

Dated: 9/08/2025
------
By:
--~-- ~ ( 1 -n-a-tu-r-e) _____ _
Printed Name: John Wong ---------
Title: Executive Vice President
-------------

PART II - REQUIRED BID DOCUMENTS
PAGE14
Item 1G - Page 195
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)

NON-COLLUSION DECLARATION
The undersigned declares:

I am the Executive Vice President of __ E_l_ec_n_o_e _B_el_co_E_l_ec_tr_ic_, _In_c_. _ _____ , the (Title of Officer) (Firm/Company)
party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder.

All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on q /"2-'1. I z.5 at a, /~'1 /-i,. 5 Chino CA ------ (Date) (City) (State)
~ ure

PART II - REQUIRED BID DOCUMENTS
PAGE15
Item 1G - Page 196
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO. 18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)

CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS
In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter an agreement with Contractor, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

We agree specifically:

1. To establish or observe employment policies, which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

FIRM Elecnor Belco Electric, Inc.

NAME OF PERSON SIGNING John Wong --------------- TITLE OF PERSON SIGNING Executive Vice President DATE ___ 91_o_s1_20_2_s _________________ _
Please include any additional information available regarding equal opportunity employment programs now in effect within your company.

NIA
PART II· REQUIRED BID DOCUMENTS
PAGE 16
Item 1G - Page 197
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO.18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS,
That Elecnor Belco Electric, Inc. as Principal, and
Liberty Mutual Insurance Company as Surety, are held
and firmly bound unto the City of Palm Springs, California, hereinafter called the "City" in the sum of:

Ten Percent of Amount Bid (10%) dollars for the
(not less than 1 O percent of the total amount of the bid) payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal has submitted a Bid to said City to perform the subject Work required under the Bid Schedule(s) of the City's Contract Documents.

NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the Form of Agreement included with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Perform_ance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court.

SIGNED AND SEALED, this ~ day of _S~e=p----'te ___ m __ b-'-e __ r ____ _,, 20 25 .

EXECUTED FOR THE PRINCIPAL:

Elecnor Belco Electric, Inc.

By
Print Name and Title:
3atti-J ~~ 1E'1C.6J-l"1\\)~ ~ ~.
~)& 1 - ~ignature
(NOTARIZED)
Print Name and Title:

EXECUTED FOR THE SURETY:

Liberty Mutual Insurance Company
By
Signature
(NOTARIZED)
Print Name and Title:

Michelle Anne McMahon, Attorney-In-Fact

PART II - REQUIRED BID DOCUMENTS
PAGE17
Item 1G - Page 198

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of ~ ~lNC)
On ~ ?-\, 7.025 before me, ~MC~,~~ QQ~L\L
(insert name and title of the officer)
personally appeared \J:>~ ~St, , 1"~\ ~ \l...\...A
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
a DOUG MCWHORT!llt
I
- Notary Publtc • C.llfomle
Sa" Bemanltno County
Commissfoo II 2'426779
lloy C61nm. hpfre-1 Nov 15, 2026
Item 1G - Page 199
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfullness, accuracy or validity of that document. ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• State of Connecticut
County of _H_a_rt_f_or_d _______ _ }
on September 16, 2025 before me, Katelyn Gingras , Notary Public Date Name and Trtle of Notary personally appeared Michelle Anne McMahon Name and or Names of Signer(s) Who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

Katelyn Gingras

NOTARY PUBLIC
State of Connecticut
My Commission Expires 07/31/2030
Place Notary Public Seal Above
___________ OPTIONAL ____________ _
Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Title or Type of Document ________________________________ _ Document Date ____________________ Number of Pages: _________ _ Signer's Name: _______________ _
D Individual
□ Corporate Officer - Title(s): _______ _
D Partner - D Limited D General
D Guardian or Conservator
D Attorney-in-Fact
D Trustee
D Other: ----------- Signer is representing ____ _

AIGHTTHUMBPRINT

OF SIGNER
Topolthumb
D Individual
D Corporate Officer-Title{s): _______ _
D Partner - D Limited D General
D Guardian or Conservator
D Attorney-in-Fact
□ Trustee
□ Other:

Signer ----------- is representing ____ _
Topolthlmb
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Item 1G - Page 200
• ~ Libert.):
~Mutual
SURETY

POWER OF ATTORNEY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Certificate No: 8214123- 985949
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Danielle M.

Bechard; Jonathan Gleason; Jennifer Godere; Richard Hackner; Chad Warren Johnson, Mich~lh: Anne McMahon; Nicholas Miller; Doritza Mojica. Samh Munhu; Ka1hryn Pryor; Robyn alley; Joshun anford, • entry Lewan, Kyle Williams; Connor Wolpert all of the city of Hanford state of CT each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver. for and on ils behalr as surety and as its act and deed, including but not limited to consents of surety for the release of retained percentages and/ or final estimates on construction contracts or similar authority requested by the Department of Transportation, State of Florida, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 30th day of May , 2025 . Liberty Mutual Insurance Company The Ohio Casualty Insurance Company
West American Insurance Company
fil By 11/Jt / L~ uiE
2 ,--,----,-c:--,--,---,-------::------------1.~ 8 _ ffi Nathan J. Zangerle, Assistant Secretary -~ "ffi '6 ro State of PENNSYLVANIA ss .!: '5 ~ ::, County of MONTGOMERY § ~ ~ On this 30th day of May , 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himseW to be the Assistant Secretary of Liberty Mutual Insurance 15 ~ 1ij Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes !§ ~ Ql > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. • Ql ~1ij > ~ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ~ C·iij Q(/)
.Q ma, '- ~--------~ ~o Commonwealth o/ Pemsylvani• • Natll,y Soul ~ Q)- O Teresa Pastella, Notary Public ,I--.. d Q)>-::
..... Q) Montgomery County f// , ' I/ -I- JI m 0~ My commission expires March 28,2029 By: JP~ ~ EC c:_ e:! 1,1, ,~ Coovnls,sio,1numoor 112604~ i'aresa Pastella, Notary Public 2 a> Q) ~ '~ ~ • .JI •J~ ~ tiember, Poon,)'IYiNlf.1 J\sl,0(1.)IIOl'I of Notiatkn: <( a C)~ 'l1r, f-\,'6'-' -o ro.._ ov .g> $ This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance lB ~ E
o .!: Company, and West American Insurance Company whicih resolutions are now in full force and effect reading as follows: ~ N • ~M 1- 2 ARTICLE IV - OFFICERS: Section 12. Power of Attorney. .._ co 42 e:! Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President O 6 ;g O may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all =g co g! ffi undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full ro ~ 0 I:: power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall ~ z i3 be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this .8 ffi article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. 0 j ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. LL Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 16th day of September , 2025 .

By: ~ L-~~ ~~~ -~~~-------- Renee C. Llewellyn. Assistant Secretary LMS-12881 LMIC OCIC WAIC Multi Co FLDOT 02/24
Item 1G - Page 201

1. 2.

3. 4.

5. HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT NO.18-05 FEDERAL AID PROJECT NO. HSIPL-5282(049)

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM
Name of Entity Elecnor Belco Electric, Inc.

Address of Entity (Principal Place of Business)
14320 Albers Way, Chino, CA 91710
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State Cf\L\~\A
If other than California, is the Entity also registered in California? !XI Yes No
Type of Entity
□
!xi Corporation □ Limited Liability Company □ Partnership □ Trust □ Other (please soecifv)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Alberto Garcia De Los Angeles ~ Officer □ Director □ Member □ Manager Jeroni Gervilla
Roger De Vito
□ General Partner □ Limited Partner
□ Other CEO
1iZl Officer □ Director □ Member □ Manager
□ General Partner □ Limited Partner
□ Other Treasurer/ C,'fo
ti!! Officer □ Director □ Member □ Manager
□ General Partner □ Limited Partner
□ Other Secretary

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 ends

Palm Springs City CouncilOctober 22, 2025

Palm Springs City Council
October 22, 2025