Agenda packet, regular meeting — Placentia City Council, April 16, 2024 (part 5 of 8)

Policy Number: CUP -5X642114

UMBRELLA

5. "Extended reporting period" means any period
of time, starting with the end of the policy
period of your claims -made insurance, during
which claims or "suits" may be first made,
brought or reported for that insurance.

6. "Medical expenses" means expenses to
which any Medical Payments section of any
policy of Commercial General Liability
"underlying insurance" applies.

7. "Other insurance" means insurance, or the
funding of losses, that is provided by, through
or on behalf of:
a. Another insurance company;
b. Us or any of our affiliated insurance
companies;
c. Any risk retention group;
d. Any self-insurance method or program, in
which case the insured will be deemed to
be the provider of such insurance; or
e. Any similar risk transfer or risk
management method.
"Other insurance" does not include:
a. Any "underlying insurance"; or
b. Any policy of insurance specifically
purchased to be excess of the limits of
insurance of this policy shown in the
Declarations.

8. "Products -completed operations hazard":
a. Includes all "bodily injury" and "property
damage" occurring away from premises
you own or rent and arising out of "your
product" or "your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been
completed or abandoned. However,
"your work" will be deemed completed
at the earliest of the following times:
(a) When all the work called for in
your contract has been
completed;
(b) When all the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site; or
(c) When that part of the work done
at a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
working on the same project.

Work that may need service,
maintenance, correction, repair or
replacement, but which is otherwise
complete, will be treated as
completed.
b. Does not include "bodily injury" or
"property damage" arising out of:
(1) The transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you, and that condition
was created by the "loading or
unloading" of that vehicle by any
insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
Products or operations for which the
classification listed in a policy of
Commercial General Liability
"underlying insurance" states that
products -completed operations are
subject to the General Aggregate
Limit.
(3)

9. "Suit" means a civil proceeding which alleges
damages. "Suit" includes:
a. An arbitration proceeding in which
damages are claimed and to which the
insured must submit or does submit with
our consent; or
b. Any other alternative dispute resolution
proceeding to which the insured submits
with our consent.

10. "Underlying insurance":
a. Means the policy or policies of insurance
listed in the Schedule Of Underlying
Insurance.
b. Includes any renewal or replacement of
such policies if such renewal or
replacement is during the policy period of
this Excess Follow -Form And Umbrella
Liability Insurance.
c. Does not include any part of the policy
period of any of the policies described in
Paragraphs a. or b. above that began
before, or that continues after, the policy
period of this Excess Follow -Form And
Umbrella Liability Insurance.

11. "Underlying insurer" means any insurer which
provides a policy of insurance listed in the
Schedule Of Underlying Insurance.

Page 17 of 22 ends

Policy Number: CUP -5X642114

UMBRELLA
B. With respect to Coverage B and, to the extent that
the following terms are not defined in the
"underlying insurance", to Coverage A:

1. "Advertisement" means a notice that is
broadcast or published to the general public
or specific market segments about your
goods, products or services for the purpose of
attracting customers or supporters. For the
purposes of this definition:
a. Notices that are published include
material placed on the Internet or on
similar electronic means of
communication; and
b. Regarding web sites, only that part of a
web site that is about your goods,
products or services for the purposes of
attracting customers or supporters is
considered an advertisement.

2. "Advertising injury":
a. Means injury, other than "personal injury",
caused by one or more of the following
offenses:
(1) Oral or written publication, including
publication by electronic means, of
material in your "advertisement" that
slanders or libels a person or
organization or disparages a person's
or organization's goods, products or
services, provided that the claim is
made or the "suit" is brought by a
person or organization that claims to
have been slandered or libeled, or
that claims to have had its goods,
products or services disparaged;
(2) Oral or written publication, including
publication by electronic means, of
material in your "advertisement" that:
(a) Appropriates a person's name,
voice, photograph or likeness; or
(b) Unreasonably places a person in
a false light; or
Infringement of copyright, "title" or
"slogan" in your "advertisement",
provided that the claim is made or the
"suit" is brought by a person or
organization that claims ownership of
such copyright, "title" or "slogan".
b. Includes "bodily injury" caused by one or
more of the offenses described in
Paragraph a. above.

3. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads,
(3)
including any attached machinery or
equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law
or other motor vehicle insurance law
where it is licensed or principally garaged.

However, "auto" does not include "mobile
equipment".

4. "Bodily injury" means:
a. Physical harm, including sickness or
disease, sustained by a person; or
b. Mental anguish, injury or illness, or
emotional distress, resulting at any time
from such physical harm, sickness or
disease.

5. "Broadcasting" means transmitting any audio
or visual material for any purpose:
a. By radio or television; or
b. In, by or with any other electronic means
of communication, such as the Internet, if
that material is part of:
(1) Radio or television programming
being transmitted;
(2) Other entertainment, educational,
instructional, music or news
programming being transmitted; or
(3) Advertising transmitted with any such
programming.

6. "Consumer financial identity information"
means any of the following information for a
person that is used or collected for the
purpose of serving as a factor in establishing
such person's eligibility for personal credit,
insurance or employment or for the purpose
of conducting a business transaction:
a. Part or all of the account number, the
expiration date or the balance of any
credit, debit, bank or other financial
account;
b. Information bearing on a person's credit
worthiness, credit standing or credit
capacity;
c. Social security number;
d. Driver's license number; or
e. Birth date.

7. "Consumer financial protection law" means:
a. The Fair Credit Reporting Act (FCRA)
any of its amendments, including the
and Accurate Credit Transactions
(FACTA);
and
Fair
Act

Page 18 of 22 ends

EU 00 01 07 16

Policy Number: CUP -5X642114

UMBRELLA
b. California's Song -Beverly Credit Card Act
and any of its amendments; or
c. Any other law or regulation that restricts
or prohibits the collection, dissemination,
transmission, distribution or use of
"consumer financial identity information".

8. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".

9. "Good Samaritan services" means any
emergency medical services for which no
compensation is demanded or received.

10. "Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your
work" that is known or thought to be
defective, deficient, inadequate or
dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by the
repair, replacement, adjustment or removal of
"your product" or "your work" or your fulfilling
the terms of the contract or agreement.

11. "Leased worker" means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm, to perform duties related to the conduct
of your business. "Leased worker" does not
include a "temporary worker".

12. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft
or "auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it
is finally delivered;
but "loading or unloading" does not include
the movement of property by means of a
mechanical device, other than a hand truck,
that is not attached to the aircraft, watercraft
or "auto".

13. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally
off public roads.
b. Vehicles maintained for use solely on or
next to premises you own or rent.
c. Vehicles that travel on crawler treads.
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
(1) Power cranes, shovels, loaders,
diggers or drills; or
(2) Road construction or resurfacing
equipment such as graders, scrapers
or rollers.
e. Vehicles not described in Paragraph a., b.,
c. or d. above that are not self-propelled
and are maintained primarily to provide
mobility to permanently attached
equipment of the following types:
(1) Air compressors, pumps and
generators, including spraying,
welding, building cleaning, geophysical
exploration, lighting and well servicing
equipment; or
(2) Cherry pickers and similar devices
used to raise or lower workers.
f. Vehicles not described in Paragraph a., b.,
c. or d. above maintained primarily for
purposes other than the transportation of
persons or cargo.

However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
will be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
(3) Air compressors, pumps and
generators, including spraying,
welding, building cleaning, geophysical
exploration, lighting and well servicing
equipment.

However, "mobile equipment" does not include
any land vehicle that is subject to a compulsory
or financial responsibility law, or other motor
vehicle insurance law, where it is licensed or
principally garaged. Such land vehicles are
considered "autos".

EU 00 01 07 16
© 2016 The Travelers Indemnity Company. All rights reserved.

Page 19 of 22 ends

Policy Number: CUP -5X642114

UMBRELLA

14. "Occurrence" means:
a. With respect to "bodily injury" or "property
damage":
(1) An accident, including continuous or
repeated exposure to substantially the
same general harmful conditions,
which results in "bodily injury" or
"property damage". All "bodily injury"
or "property damage" caused by such
exposure to substantially the same
general harmful conditions will be
deemed to be caused by one
"occurrence"; or
(2) An act or omission committed in
providing or failing to provide first aid
or "Good Samaritan services" to a
person by any of your "employees" or
"volunteer workers" other than an
employed or volunteer doctor, unless
you are in the business or occupation
of providing professional health care
services;
b. With respect to "personal injury", an
offense arising out of your business that
results in "personal injury". All "personal
injury" caused by the same or related
injurious material, act or offense will be
deemed to be caused by one
"occurrence", regardless of the frequency
or repetition thereof, the number and kind
of media used or the number of persons
or organizations making claims or
bringing "suits"; and
c. With respect to "advertising injury", an
offense committed in the course of
advertising your goods, products and
services that results in "advertising injury".

All "advertising injury" caused by the
same or related injurious material, act or
offense will be deemed to be caused by
one "occurrence", regardless of the
frequency or repetition thereof, the
number and kind of media used or the
number of persons or organizations
making claims or bringing "suits".

15. "Officer" means a person holding any of the
officer positions created by your charter,
constitution, bylaws or any other similar
governing document.

16. "Personal injury":
a. Means injury, other than "advertising
injury", caused by one or more of the
following offenses:
(1) False arrest, detention
imprisonment;
(2) Malicious prosecution;
(3)
The wrongful eviction from, wrongful
entry into, or invasion of the right of
private occupancy of a room, dwelling
or premises that a person occupies,
provided that the wrongful eviction,
wrongful entry or invasion of the right
of private occupancy is committed by
or on behalf of the owner, landlord or
lessor of that room, dwelling or
premises;
(4) Oral or written publication, including
publication by electronic means, of
material that slanders or libels a
person or organization or disparages
a person's or organization's goods,
products or services, provided that
the claim is made or the "suit" is
brought by a person or organization
that claims to have been slandered or
libeled, or that claims to have had its
goods, products or services
disparaged; or
Oral or written publication, including
publication by electronic means, of
material that:
(5)
(a) Appropriates a person's name,
voice, photograph or likeness; or
(b) Unreasonably places a person in
a false light.
b. Includes "bodily injury" caused by one or
more of the offenses described in
Paragraph a. above.

17. "Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes
materials to be recycled, reconditioned or
reclaimed.

18. "Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use will be
deemed to occur at the time of the
physical injury that caused it; or
b. Loss of use of tangible property that is
physically injured. All such loss of use
be deemed to occur at the time of
"occurrence" that caused it.

For the purposes of this insurance,
"electronic data" is not tangible property.

19. "Self -insured retention" is the greater of:
or a. The amount shown in the Declarations
which the insured must first pay under
Coverage B for damages because of all
not
will
the

Page 20 of 22 ends

EU 00 01 07 16

Policy Number: CUP -5X642114

UMBRELLA
"bodily injury", "property damage",
"personal injury" or "advertising injury"
arising out of any one "occurrence"; or
b. The applicable limit of insurance of any
"other insurance" that applies.

20. "Slogan":
a. Means a phrase that others use for the
purpose of attracting attention in their
advertising.
b. Does not include a phrase used as, or in,
the name of:
(1) Any person or organization other than
you; or
(2) Any business, or any of the premises,
goods, products, services or work, of
any person or organization other than
you.

21. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.

22. "Title" means the name of a literary or artistic
work.

23. "Unsolicited communication" means any
communication, in any form, that the recipient
of such communication did not specifically
request to receive.

24. "Volunteer worker" means a person who is
not your "employee", and who donates his or
her work and acts at the direction of and
within the scope of duties determined by you,
and is not paid a fee, salary or other
compensation by you or anyone else for their
work performed by you.

25. "Your product":
a. Means:
(1) Any goods or products, other than
real property, manufactured, sold,
handled, distributed or disposed of by:
(a) You;
(b) Others trading under your name;
or
(c) A person or organization whose
business or assets you have
acquired; and
(2) Containers (other than vehicles),
materials, parts or equipment
furnished in connection with such
goods or products.
b. Includes:
(1) Warranties or representations made
at any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or
other property rented to or located for the
use of others but not sold.

26. "Your work":
a. Means:
(1) Work or operations performed by you
or on your behalf; and
(2) Materials, parts or equipment
furnished in connection with such
work or operations.
b. Includes:
(1) Warranties or representations made
at any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and
(2) The providing of or failure to provide
warnings or instructions.

C. With respect to Coverage C:

1. "Crisis management advisor" means any
public relations firm or crisis management
firm approved by us that is hired by you to
perform "crisis management services" in
connection with a "crisis management event".

2. "Crisis management event" means an "event"
or "occurrence" that your "executive officer"
reasonably determines has resulted, or may
result, in:
a. Damages covered by this Coverage A or
Coverage B that are in excess of the total
applicable limits of the "underlying
insurance" or "self -insured retention"; and
b. Significant adverse regional or national
media coverage.

3. "Crisis management service expenses"
means amounts incurred by you, after a
"crisis management event" first commences
and before such event ends:
a. For the reasonable and necessary:
(1) Fees and expenses of a "crisis
management advisor" in the
performance for you of "crisis
management services" solely for a
"crisis management event"; and
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved.

Page 21 of 22 ends

Policy Number: CUP -5X642114

UMBRELLA
(2) Costs for printing, advertising, mailing
of materials or travel by your
directors, officers, employees or
agents or a "crisis management
advisor" solely for a "crisis
management event"; and
b. For the following expenses resulting from
such "crisis management event", provided
that such expenses have been approved
by us:
(1) Medical expenses;
(2) Funeral expenses;
(3) Psychological counseling;
(4) Travel expenses;
(5) Temporary living expenses;
(6) Expenses to secure the scene of a
"crisis management event"; or
(7) Any other expenses pre -approved by
US.

4. "Crisis management services" means those
services performed by a "crisis management
advisor" in advising you or minimizing
potential harm to you from a "crisis
management event" by maintaining or
restoring public confidence in you.

5. "Executive officer" means your:
a.
b.
c.
d.
e.
f.
g.
proprietorship);
or any person acting in the same capacity as
any individual listed above.

Chief Executive Officer;
Chief Operating Officer;
Chief Financial Officer;
President;
General Counsel;
General partner (if you are a partnership); or
Sole proprietor (if you are a sole

Page 22 of 22 ends

EU 00 01 07 16

POLICY NUMBER: CUP -5X642114
ISSUE DATE: 01/01/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED PERSON OR ORGANIZATION - NOTICE OF

CANCELLATION, NONRENEWAL OR MATERIAL

LIMITATION OF COVERAGE PROVIDED BY US
This endorsement modifies insurance provided under the following:

ALL COVERAGE PARTS INCLUDED IN THIS POLICY

SCHEDULE
CANCELLATION:

WHEN WE DO NOT RENEW (Nonrenewal):

MATERIAL LIMITATION OF COVERAGE:

PERSON OR SEE CA T8 06
ORGANIZATION:

ADDRESS: .

PROVISIONS
A. If we cancel this policy for any legally permitted
reason other than nonpayment of premium, and a
number of days is shown for Cancellation in the
Schedule above, we will mail notice of
cancellation to the person or organization shown
in such Schedule. We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for Cancellation in such
Schedule before the effective date of
cancellation.

B. If we do not renew this policy for any legally
permitted reason other than nonpayment of
premium, and a number of days is shown for
When We Do Not Renew (Nonrenewal) in the
Schedule above, we will mail notice of
nonrenewal to the person or organization shown
Number of Days Notice:

Number of Days Notice:

Number of Days Notice:
30 30
30 in such Schedule. We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for When We Do Not
Renew (Nonrenewal) in such Schedule before the
effective date of nonrenewal.

C. If we add a material limitation on the coverage
provided by this policy, and a number of days is
shown for Material Limitation Of Coverage in the
Schedule above, we will mail notice of such
limitation to the person or organization shown in
such Schedule. We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for Material Limitation Of
Coverage in such Schedule before the effective
date of such limitation.

IL T3 54 05 19
© 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1

COMMERCIAL AUTO POLICY
ENDORSEMENT - CA T8 06 05 23
POLICY NUMBER: CUP -5X642114
** THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ** IL T3 54
IT IS AGREED THAT:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US IL T3 54
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:

ALL COVERAGE PARTS INCLUDED IN THIS POLICY
PERSON OR ORGANIZATION:

ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN

CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF:

1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE

NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST

NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND

2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE.

THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US.

ADDRESS:

THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US.

EFFECTIVE DATE: 01/01/24 EXPIRATION DATE:

DATE OF ISSUE: 01/01/24 Page 1 of 1

TRAVELERSJ

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 06 R3 (00)
POLICY NUMBER : UB-5X489557-24-43-G :

NOTICE OF CANCELLATION

TO DESIGNATED PERSONS OR ORGANIZATIONS
The following is added to PART SIX - CONDITIONS:

Notice Of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organiza- tion before the cancellation is to take effect.

You are responsible for providing us with the information necessary to accurately complete the Schedule below.

If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation.

SCHEDULE
Name and Address of Designated Persons or Organizations:

Any Person Or Organization For Which The Insured Has Agreed by Written Contract Executed Prior to Loss To Furnish This Waiver
Number of
Days Notice
30 DATE OF ISSUE:1/1/24: - ST ASSIGN:
© 2013 The Travelers Indemnity Company. All rights reserved.

Page 1 of 3 ends

TRAVELERSJ

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 00 03 13 (00) -
POLICY NUMBER: UB-5X489557

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.

SCHEDULE
DESIGNATED PERSON:

Any Person Or Organization For Which The Insured Has Agreed by Written Contract Executed Prior to Loss To Furnish This Waiver
DESIGNATED ORGANIZATION:

DATE OF ISSUE: - - ST ASSIGN:

CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH
TOTUM Corp.

THIS AGREEMENT is made and entered into this 2`Td day of April, 2024 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Totum Corp. ("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide on -call construction management and inspection services, as more fully described herein; and
B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.

Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations.

Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. Consultant also warrants that it has ownership of all intellectual property being provided under this Agreement.

Totum Corp.

(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

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

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be 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. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non- discrimination clause.

Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

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

Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City.

Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

Totum Corp.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Five Hundred Thousand Dollars ($500,000), unless authorized herein.

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more.

The City Engineer is authorized to approve a Change Order for such additional services.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.

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

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement.

Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A".

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 3 years, ending on April g,_2027 , unless previously terminated as provided herein or as otherwise agreed to in writing by the arties. One (1) two-year extension is available based on Consultant performance and at the discretion of the City. Approval of the term extension is contingent upon City Council review and approval at the conclusion of the initial three -years.

with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant.

The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

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

5.0. INSURANCE

in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.

Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.

The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.

5.2. Endorsements. The commercial general liability insurance policy and business Totum Corp.

automobile liability policy shall contain or be endorsed to contain the following provisions as worded below.
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased.

In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

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

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.

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

6.0. GENERAL PROVISIONS

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

Totum Corp.

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

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

6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT:

Totum corp
15130 Ventura Blvd, Suite A
Sherman Oaks, CA 91403
Tel: (818) 986-9870
Fax: (818) 986-9870
Attn: Danny Kaye
IF TO CITY:

City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8117
Attn: Chris Tanio

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

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

Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

Totum Corp.

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

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

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

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

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

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

Totum Corp.

6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.

6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret.

The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

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

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

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

giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.

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

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

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

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

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

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

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

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

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

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

Totum Corp.

CITY OF PLACENTIA,
A municipal corporation
Date:

Damien R. Arrula, City Administrator
ATTEST:

City Clerk and ex -officio Clerk
of the City of Placentia

CONSULTANT
Date:

Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:

Date:

Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:

Date:

Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:

Date:

Chris Tanio, Deputy Director/City Engineer
Totum Corp.

DEPARTMENTAL APPROVAL
Date:

Luis Estevez, Deputy City Administrator
Totum Corp.

EXHIBIT A

CONSULTANT'S PROPOSAL AND SCOPE OF WORK
Totum Corp.

Proposal for:

ON CALL CONSTRUCTION MANAGEMENT

AND INSPECTION SERVICES
Presented to:

City of Placentia
Submitted by: totum
January 30, 2024
integrated
d e s i g n
construction
management
stoustainatubiiity
m

integrated
d e s i g n
construction
management
sustainabiiity
totum
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumconsulting.com
[email protected]
[email protected]

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES 1/30/24
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
Attn: Chris Tanio PE, Deputy Director/City Engineer
Dear Mr. Tanio:

RE: Rec
uest for Pro
Dosal for On -Call Construction Management and Ins
Dection Services
We are delighted to submit our qualifications to provide On Call Construction Management and Inspection Services for your upcoming facility capital improvement projects.

Our address and contact information are on the left-hand margin of this page. The primary contact person is Danny Kaye (CCM, PMP) who has the power to bind Totum contractually and is the signer of this letter. Our Sherman Oaks location will be responsible for the project deliverables for the projects.

Totum was established in 2005 as a small business enterprise to provide design and construction management services to our clients and currently has ongoing work at the Cities of Azusa, Placentia, Huntington Beach and Santa Monica and on call with the City of Long Beach. We are an S corporation with an SBE/VSBE certification.

We have the advantage of 5 years of experience currently working successfully with Placentia with small projects such as ADA upgrades to the Civic Center Police HQ and the BACKS community center, the APWA award winning Navigation Center as well as the current Public Safety Building at the Public Works Yard.

Totum staff have successfully managed many small City and other public and private sector facility projects over the last 20+ years, including new and renovated community centers, new and renovated libraries, police and fire station seismic retrofits and ADA upgrades, roof replacements, facility assessments and parks, park restrooms and several years ago, we finished a very fast track homeless shelter for the City of Placentia, winning an APWA award. Further our proposed staff has worked together, including for Placentia, on many occasions and has substantial experience with public sector projects, renovations, and grounds -up construction.

We have reviewed the typical projects you show as capital improvements and construction projects as well as scope of services that you list as needed by the project team and believe we have the ideal background to provide these services for said proposed projects. Through our innovation we have developed custom tracking tools to help us manage all the scope needed.

Danny Kaye would be the day-to-day lead preconstruction / construction manager exactly as he has done for numerous similar projects including those prior for Placentia. Staff will assist or be assigned, depending on the project status and complexity and for contract administration as called out under section 3, page 5.

Koury, our deputy inspectors and testing lab have been our partners of multiple projects for close to 20 years with and before we were at Totum. We would plan to use a small, women owned firm, PWCC as our labor compliance consultant. Our planned team has totu m

integrated
d e s i g n
construction
management
sustainabiiity
totum
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumconsulting.com
[email protected]
[email protected]

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES the experience to oversee the design, provide constructability reviews, assist with bid documents, permitting, QA / QC inspections, claims management and manage construction. Our job is to make sure that all projects are built in accordance with plans and specs.

As you have experienced, when you have Totum on your project, you can reach the actual owners of the company literally 24-7 and as active participants in our projects, we will know what's going on. We have kept our firm and consultants small to ensure we have this oversight and involvement and enable a low overhead and competitive rates.

We do what it takes to get a project done.

We listen carefully to what our client needs and try to under promise but over deliver to meet these needs, all the time remembering that it's our clients project and needs we must fulfill, failure is not an option. Most of our work is repeat business and word of mouth. Often, at cost with no mark up, retain other consultants from deputy inspectors through soils engineers, we are happy to provide our clients with the best team possible should the need arise.

As you review our proposal, we ask you to consider the following summary points:
• We have managed dozens of City projects over the last 16+ years as Totum and with prior firms; renovations and grounds up, from a simple new restroom on a beach, through a $25MM seismic renovation of a fully occupied police station and jail. We know how to work in occupied facilities.
• Construction Management is our core business. We have managed dozens of new build, renovations and tenant improvement projects, from inception to completion, from less than $10,000 to $45+ million.
• Our size allows us to specialize in construction / project management and design oversight and be very cost effective with rates and our time. • We have repeat clients such as the City of Long Beach, City of Placentia, UCLA Farmers Market and recently, the City of Huntington Beach. • We have a great reputation. As such, we get bidders to the table. We have had a 100°/0 success rate with our projects.
• We are collaborators. We push for equitable solutions. We are high energy, "get -it - done" people. We believe in loyalty and integrity. We really take our role seriously and take the position that "we are the Client", not just consultants.

We have tried to make our qualification package brief, informative and enjoyable and look forward to the next step in your selection process. I should be your point of contact during this process, and I can be reached directly at 310-351-0138 or email danny totumconsulting.com.

We acknowledge the Q&A document posted on Jan 23, 2024. We maintain the page count of 30. We acknowledge the Addendum #1 regarding RFP deadline.

Regarding proposed exceptions - Totum has no exceptions to enumerate or describe.

Sincerely,
Danny Kaye, CCM, PMP, FRICS, LEED AP
Principal
totu m

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ntegrated
d e s i g n
construction
management
sustainability
totum
Table of Contents
A & B. Cover Letter / Signature Requirements
C. Executive Summary
D. Project Team Organization
E. Relevant Project Experience and References
F. Understanding & Approach
G. Scope of Work
H. Schedule
I. (Section 6 per RFQ) Required Proposal Statements / Appendix B and C
J. Pricing Proposal
a. Rate Sheets - Submitted Separately
totum

integrated
d e s i g n
construction
management
sustainability
totum
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumconsulting.com
[email protected]
[email protected]

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES C. Executive Summary
Totum is a California S Corporation, established in 2005. Our legal name is "Totum Corp" Totum is Latin for complete as our goal has always been to provide our clients with a complete service, or as much help as they need to "get the project done". Within our firm, we have certified construction managers (CCM), Project Management Professional (PMP) licensed architects and LEED accredited professionals. Danny Kaye is also a licensed GC. If we can't offer the service ourselves, we are also comfortable bringing in consultants under Totum to help our clients, such as Deputy Inspectors, LEED / Cx Consultants, Independent Estimators and Schedulers.

Over the last 20+ years, Totum has been the construction manager for well over 250 projects, from small tenant improvements, through large, complex grounds up construction on a 9 acre highly contaminated site into a LEED gold union hall, new schools and major seismic retrofits and curtain wall replacements on high rise buildings as well as parks, historic seismic retrofits and homeless shelters. The project types we have managed include facility types listed in the RFP scope of work, section 3 such as: new building construction, site improvements, landscape, irrigation projects, site improvements, parks and recs, as well as MEP system upgrades, including fire stations, libraries, city halls, police stations and community centers.

Our general company services include but are not limited to:
• Adaptive Re -Use Studies
• Constructability Review
• Cost Analysis / Cost Benefit Analysis Design / Design Review • Plan Check Coordination
• Estimating
• Entitlements / Expediting
• Facility Assessment
• Grant Procurement Assistance
• Permitting
• Planning
• Procurements
• Programming
• Project Construction Management [ from concept to completion ] • Scheduling
• Site Due Diligence
• Sustainability
For your On Call Construction Management and Inspection services we propose to us as Sub Consultants:
1) Koury Engineering — For Materials Testing and Deputy Inspection, Koury Engineering provides geotechnical engineering, material testing, and inspection services for residential and commercial construction projects 1 tutu m

integrated
d e s i g n
construction
management
sustainability
tot m

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES throughout Southern California. They serve as the Independent Testing Laboratory and the FOR for projects of all sizes from 60 story high-rises in Downtown LA to DSA shade structures at your neighborhood school. From freeway lane additions to OSHPD infrastructure upgrades.

We have used Koury substantially since our inception as "Totum" in 2005 Koury provides reliable quality control & investigative services throughout Southern California. Koury has been providing clients with trusted results since 1992.

Koury has an experienced team of Registered Civil and Geotechnical Engineers on staff, with over 100 inspectors and technicians in the field daily. 2) PWCC Solutions - Labor Compliance Consulting
PWCC Solutions has over 10 years' experience in public works construction labor compliance working on Federal and State projects with extensive knowledge of Project Labor and Master Labor Agreements. They have managed labor compliance programs for over 20 State and/or Federal projects totaling more than 5 million hours of on -site work.

Totum has acted as construction managers for bid / awarded and as -needed PM / CM for numerous City facilities over the last 18 years, large and small projects. We have very recent experience working on 4 city projects including the extremely fast track Placentia Navigation Center and the current Public Safety Building at the city yard. We know how to work with the City teams, processes and protocols.

For most projects, we have been brought in at about 25% design state. This has enabled us to help our clients with constructability, estimating and bid phase documents. We have provided all the typical Administrative and Inspection scope of PM /CM services role as outlined in section 3-D, page 6 of the RFP, on all projects and specifically those listed below:

City of Placentia ADA Upgrades 2019-2020
City of Santa Monica — Airport Building Seismic Upgrades 2023-2024 City of Placentia PSB, Evidence Storage and Gun Range 2023-2024 City of Azusa Library ADA Upgrades -2018
City of Azusa Sr Center Renovation 2023+
City of Huntington Beach — 2020-23 Navigation Center, Edison Community Center and Rodgers Sr. Center and Park
City of Long Beach El Dorado Park Bridge Replacement and Site Improvements 2016
Port of Long Beach Airport Plaza HQ Renovation 2014
UCLA 924 Westwood Center Seismic Renovation 2015
Beverly Hills School District Horace Mann New School - 2016 2 totu m

integrated
d e s i g n
construction
management
sustainabiliiy
totum
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumconsulting.com
[email protected]
[email protected]

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES D. Project Team Organization
The below chart outlines our staffing chart and our proposed sub consultants on our team. We are all "on call" and "as needed". We have listed these consultants and worked with some of them for over 20 years.

City of Placentia
rqi.. VTIA
Danny Kaye CCM PMP
Principal CM -in -Charge
Oversight & Meetings
1 Precon. Lead and day-to-day CM
Estimating, Scheduling etc
Patrick Lappin CCM
Management Oversight
Weekly Meetings
Document Control
Totum Staffing CMIPM J QA/OC: as needed
Alejandro Pinel,
Ethan Erickson
Henry Graves
Sandra Gonzalez
Design Oversight f As needed PM
Services
• Giulio Zavolta
• Gianni Zatta
• Eva Terzi
As Needed:

Labor Compliance PWCC
Safety Programs
Deputy Inspection &
Materials Testing - Koury
Support Staff
Admin Support / Data
Resumes follow on the next 6 pages. We have limited the resumes to 1 page to keep this package "efficient" and to provide more of a snapshot of the staff skills.

A little more on each Totum staff member:

Danny — Co-founder of Totum, Danny's background was as a general contractor in the 90's then moved into CM work in 1999, with 25 years experence as a CM, 20+ as Totum.
3 totu m

integrated
d e s i g n
construction
management
sustainability
totu m

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Pat — Sr PM / CM, Pat brought Danny into CM work in 1999. With 40 years+ experience, including building bridges in the UK and the middle east. Pat has managed large capital projects as well as numerous programs for school districts.

Alejandro — Danny and Alejandro met when Danny was a consultant at UCLA and Alejandro was a TI PM directly working for UCLA over 6 years ago.

Alejandro has worked for Totum for over 5 years with projects for the City of Placentia and Huntington Beach.

Ethan — When Danny's client at UCLA Asset Management introduced Ethan to Danny over a year ago, we felt that his broker and TI experience would be a benefit to Totum. We were right, and Ethan has worked on several complex projects including a fast track $1 MM multi -prime project for a long time Totum client.

Henry — Has been with Totum for almost 3 years, working directly under the City of Placentia for the city wide fiber optic distribution project. Henry would provide the role of QA / QC as needed.

Sandra — Was our client for 10 years while she was a CPC at the City of Long Beach. When she moved to work for the City of Placentia, and a suitable project arose, we were introduced to Luis Estevez and we have been assisting since then! Sandra has 25+ years experience working for public agencies, with her specialy, as a FASLA, with parks and recs.

Totum Design: As a company that offers design services, we can use our in house team as back up and often, for help during constructability.

Koury: We have selectively been utilized Koury since pre-Totum, for 25 years now. We are currently using them for our PSB project for the City of Placentia.

Labor Compliance: Although the City is likely to continue using LCP tracker for labor compliance, we do have a firm we can use, should the need arise.

Safety: Although this is be a contractor means and methods, with PM / CM oversight, we have an alliance with a firm that can provide full safety services. 4 totu m

integrated
d e s i g n
construction
management
sustainability
otum
Danny Kaye, ccM, FRICS, PMP

LEED AP
President / Principal Sr. CM
310 351 0138
[email protected]
Danny Kaye — 2023 Brief Resume (Also See "Profiles")
Danny Kaye, principal, has almost 30 years of experience initially as a contractor and then as a senior construction project manager, estimator, and scheduler, working with commercial, institutional, office and retail projects for shell and core, interior/exterior infrastructure, and tenant improvements.

Representative Key Projects include but are not limited to:
• City of Huntington Beach 2022-2023: $2MM Renovation of Rodgers Community Center and new Park - Construction Manager.
• City of Huntington Beach 2020 (on call agreement) Sr CM for a fast -track ocean bluff bike and walking path, $1.8MM to complete summer 2022; Rodgers senior center renovation and new public park, $2.3MM, due to complete 2022. • City of Huntington Beach 2020-2021: $8MM Fast track grounds up of new homeless navigation Center, renovation of Edison Community Center, new skate park and Slater roof replacement - Construction Management Services. • City of Placentia — 2019-2021+: Fast track, APWA award winning conversion of warehouse into homeless shelter; ADA upgrades to police station and community center. Pre -construction services for new police station evidence storage building and gun range due to bid in late 2021/early 2022 • Port of Long Beach — Danny has worked on multiple Port of Long Beach projects including a 200,000 sq. ft high rise renovation at Long Beach Airport Plaza.
• City of Long Beach — 2003-2019+ Construction Project Manager for the CMAA award winning $25MM abatement / seismic renovation / re -skin and tenant improvements, while partially occupied, of the phased 175,000 sq. ft. 6 story (plus 2 basement levels) of the Public Safety Building* and Fire Station #1*, and over 50 various City facility upgrades and improvements (Parks and Recs, Fire Department, Library), McBride Teen Center, a new -$3.6M 5,000 sq. ft. teen center, MacArthur Park Branch Library, a new $8.5M library, LEED certified Silver, FEMA studies and seismic evaluation of and planning of a new $200M+ replacement high rise City Hall, City wide facility assessments for over 130 City locations, Main Library Roof seismic analysis, Parks and Recs with the successful Ocean Boulevard Bluff Restoration and Belmont Olympic Pool two phased investigation and repairs as well as overseeing the Queen Mary life safety project. Recent projects include the turnkey El Dorado Bridge Replacement, Craftsman Park and the LEED Gold Orizaba Community Center.

Oversight of the EDPD police sub station of Schroeder HaII Army Barracks, the fast -track demolition of the old County Courthouse, EDNC Bridge replacement (2012 and 2016)
Education / Qualifications:

University of Central England - 1993, Bachelor of Science (B.Sc. Honors) Upper Second -Construction Management (Quantity Surveying)
• LEED Accredited Professional (LEED AP)
• Certified Construction Manager, (CCM) Construction Managers Association of America
• Project Management Professional (PMP) - Member of the Project Management Institute
• CMAA 2005 award for management of $10-$50M public works project • APWA 2020 Award for Homeless Shelter, City of Placentia • APWA 2021 Award for Homeless Shelter, City of Huntington Beach • CMAA 2022 Award for Homeless Shelter, City of Huntington Beach 5 integrated
d e s i g n
construction
management
sustainability
totu
Education /
Qualifications:

Queen's University, N.I -
Bachelor of Science,
Civil Engineering
• Institution of Civil
Engineers (UK),
Member
• Certified Construction
Manager (CCM),
Construction
Management
Association of
America
Patrick Lappin, Sr Construction Manager — 2023 Brief Resume (Also see profiles)
Patrick Lappin brings over 40 years of construction, design and development experience to clients covering the entire spectrum of project, program, and construction management from initial conceptualization and entitlement through design, engineering, and construction. He brings extensive local knowledge having worked the last 30 years in the greater Los Angeles area. Pat's experience includes working as a contractor, engineer, and owner's representative. His management skills cover all the major project delivery types such as lump sum, GMP, design -build, multi -prime and lease -leaseback. He has been responsible for a great variety of projects, including building core and shell, tenant interiors and civil engineering construction.

Pat has previously served as the program manager for the Beverly Hills USD schools modernization bond program, the program executive for the Santa Monica -Malibu Unified School District's modernization bond program; the Placentia-Yorba Linda Unified School District's new construction and modernization bond program; the Orange Unified School District's modernization program; the City of Long Beach Public Safety Building upgrades and the Port of Long Beach's new maintenance facilities.

Representative Key Projects Include:
• City of Huntington Beach 2022-2023: $2MM Renovation of Rodgers Community Center and new Park.
• City of Huntington Beach 2020-2021: Fast track grounds up of new Navigation Center, renovation of Edison Community Center, new skate park and Slater roof replacement - Construction Management Services. • City of Placentia — 2019-2021+: Fast track, APWA award winning conversion of warehouse into homeless shelter; ADA upgrades to police station and community center. Pre -construction services for new police station evidence storage building and gun range due to bid in late 2021/early 2022 • Placentia-Yorba Linda Unified School District, CA — Program Executive- Preconstruction, New Construction, and Modernization Program. $350M, 10 - year program included a new high school, middle school, elementary schools and numerous modernization projects.
• Santa Monica -Malibu Unified School District, CA — Program Executive/Program Manager - Program and Construction Management Services. $300M modernization and new facilities bond program for 2 high schools and 6 elementary schools.
• University of California Riverside, CA — Project Executive - Construction Management Services. Material Science and Engineering Building, $80M, 129,000 SF research and instructional laboratory facility. • Orange Unified School District, CA - Program Executive — Program and Construction Management Services, Modernization Program. $90M elementary schools modernization program.
• Chaffey Community College, Rancho Cucamonga, CA — Program Manager - Program and Construction Management. Program involved a nine-year $300M design and construction management program. Led this project from 6 integrated
d e s i g n
construction
management
sustainability
totum
Education / Qualifications:

California State Polytechnic
University, Pomona -
Construction Engineering
Technology
Fluent written/spoken
Spanish
AutoCAD proficient.

Alejandro Pinel, Construction Manager - Brief Resume 2023 (Also see Profiles)
Alejandro Pinel has worked on construction projects for the past 14 years. His work experience includes internships with electricians, framers, and development companies as well as computer drafting for a permit expediting firm. Before Totum, Alejandro spent 4 years as a project manager for UCLA Asset Management which provided him with valuable fast track tenant improvement and renovation skills which he brings to each project. Alejandro came to Totum in 2018.

Alejandro currently serves as construction manager for several projects. His responsibilities range from bidding, preparing construction documents to reviewing plans, drafting contracts and scheduling contractors. Alejandro also performs specialty tasks on an as -needed basis whenever required by specific projects.

In general, Alejandro works with Principal Danny Kaye and Patrick Lappin to supplement and coordinate tasks.

Representative Project Experience Includes:
• City of Placentia — 2019-2021+: Fast track, APWA award winning conversion of warehouse into homeless shelter; ADA upgrades to police station and community center. Pre -construction and construction services for new police station evidence storage building and gun range underway as of 2022. Due to complete in 2024
• Supernal Flight Test Center: 2022 — 2023 — Fast Track $10MM site set up and multiple new structures / renovation. (A Hyundai / Kia company).

Construction Manager
• City of Huntington Beach 2022-2023: $2MM Renovation of Rodgers Community Center and new Park - Construction Manager.
• City of Huntington Beach 2020-2021: Fast track grounds up of new Navigation Center, renovation of Edison Community Center, new skate park and Slater roof replacement - Construction Management Services. • AF Gilmore Company, Farmer's Market, Los Angeles, CA — Construction Manager on the multi prime delivery of a new $2.5MM new building to the Original Farmers Market.
• PMA Union Hall, CA — coordinated the fast -track improvements to this existing Union Dispatch Hall.
• Occidental College, CA — assisting on a variety of tenant improvement projects varying in value from $100K to $9MM.
• St Johns Wellchild Avalon Clinic — CM for the renovation of a $2.5MM clinic renovation.

integrated
d e s i g n
construction
management
sustainability
totum
Education /
Qualifications:

University of California,
Berkeley
Batchelor of Arts
Real Estate Construction and
Development:

Asset Management and Brokerage /
Underwriting / Feasibility / Bidding /
Contracting
CAD/Design:

Sketchup / Adobe Illustrator
10 Hour OSHA Certification
Ethan Erickson, Project Engineer Brief Resume
(Also see Profiles)
Ethan Erickson has worked within the construction and real estate development field for the past 3 years with residential and commercial firms across Southern California. Before joining Totum, Ethan worked in real estate brokerage and as an interior design and build consultant for 3 years specializing in single family development, design, analysis/underwriting, feasibility and permitting. Ethan's wide array of experience throughout the industry allows him to engage with and support our clients throughout the construction process. Ethan joined Totum in early 2023.

Ethan currently serves as a Project Engineer / Assistant Construction Manager for several projects. His responsibilities range from site visits, documentation, bidding, preparing construction documents to reviewing plans and schedules, drafting contracts, and scheduling contractors and trades. Pay application and submittal review. Ethan also performs specialty tasks on an as -needed basis whenever required by specific projects.

In general, Ethan works underneath the Principal Danny Kaye and Patrick Lappin to supplement and coordinate tasks.

Representative Project Experience Includes:

Project Engineer (With Totum)
• St Johns Community Health, San Bernardino, CA — 2023: The fast track $2MM renovation of a medical office building, to OSHPD 3 standards. • St Johns Community Health, Compton, CA — 2023-2024: The $4MM renovation of an old church and gun range into a 11,000 sq ft clinic, to OSHPD 3 standards.
• West Valley Food Pantry, Woodland Hills, CA — 2023: Currently working on the construction of a new $4MM food pantry.
• City of Santa Monica, CA — 2023: Assisting on an $8MM renovation of a historic building at the Santa Monica Airport and Runway Repairs and Lighting Replacement.
• Medical TI — West Hollywood — 2023 — Assisting on a $650,000 medical office TI for a plastic surgery center.
• Retail Located Medical TI, San Jacinto — 2023 — Assisting on a $300,000 medical / dental renovation in an existing dental clinic in a large retail campus.

Previous Work Experience:

Asset Management / Interior Design & Build, ERG - Los Angeles, CA

Henry Graves
Field QA / QC
integrated
d e s i g n
construction
management
sustainability
tot m
Henry Graves
Over 33 years of strong proficient work history in roadway, traffic signal & Streetlight infrastructure & construction. In-depth knowledge of county and state regulations as well as utility providers. A proven history of getting the job done right and efficiently. Team -oriented with the integrity and dedication needed to build a successful and respected organization. Hardworking and reliable with a strong ability to communicate and motivate field personnel to produce the best product possible. Work with project teams and customers. Offering a proactive and punctual team -oriented mentality. Strong knowledge of Construction JHA, CAL OSHA, CAMUTCD, CAL TRANS and SCE permits.

Motto - (Measure twice cut once!)
Select Electric Inc /
Labor Coordinator
Cerritos Ca
Siemens Mobility Inc/
Construction Field Supervisor
Anaheim, CA
As a Maintenance/Emergency-Traffic Signal/Streetlighting Company, (No day or job was ever the same). Performed site evaluations, assess damage to existing systems, write up scope of work to repair/restore what was damaged, (conduits, foundations poles, rewire). Scheduled construction crews and worked with necessary Subcontractors and City Engineers/Inspectors to get utilities back up and running in a timely manner. Developing functional solutions to difficult problems. Improved operations by working with team members and customers to find workable solutions in emergency situations. Worked closely with team members to deliver project requirements, develop solutions and meet deadlines.

Provided excellent service and attention to customers when face-to-face or through phone conversations.

Handled all delegated tasks, including Meeting with customers to assist in engineer budgets, scope of work, scheduling.

Republic ITS
Construction Superintendent
Anaheim, CA
Signal Maintenance Inc /
Construction Superintendent
Anaheim, CA
Motivated and supported field workers completing work to increase work quality and efficiency.

Maintained project compliance by reviewing contractor scope, materials and pricing take -offs to achieve competitive bidding
Coordinated schedules and day-to-day activities of crew to satisfy project needs.

Collaborated with field engineering and construction to prepare scopes of work for inclusion into bid packages.

Estimated materials and labor requirements to complete jobs within budgetary and timeline requirements.

Kept track of all inventory, including supplies and materials to prevent losses. 9 Integrated
d e s i g n
construction
management
sustainability
totum
Sandra Gonzalez,
Landscape Sr. PM
California Polytechnic State
University, San Luis Obispo, CA
Bachelor of Science, Landscape
Architecture 1984
California State University, Long
Beach, Long Beach, CA
Masters Degree, Public Policy and
Administration 2005
Sandra Gonzalez — Brief Resume 2023
Sandra has partnered up with Totum on several parks and recs type projects over the last few years. We have a relationship going back over 20 years to when Sandra worked at the City of Long Beach. We have worked with Sandra just recently on a parks project in Long Beach (Camp Fire @ Deforest Park) CSU Chancellors Office, Principal Construction Management Program Manager 2019 - 2022
Support Construction Management efforts systemwide for 23 California State University campuses. Maintain and update all forms and documents associated with construction delivery methods and conduct annual training to campuses on significant construction -related issues and processes.

City of Placentia, Director of Community Services. 2016-2019 City of Pico Rivera, Director of Parks & Recreation 2013-2016 Responsible for all operations, management, and personnel of the Pico Rivera Dept of Parks and Recreation. Leading a staff of 130 full and part-time employees, provide leadership in strategic planning and implementation.

Responsible for Department budget, programming, major special events, major project implementation, and oversee the Parks and Recreation Commission.

January 2009 -Feb 2013; City of Long Beach Dept. Parks, Recreation & Marine
Bureau Manager, Planning & Development
Oversee all Planning and Development efforts for the Department of Parks, Recreation & Marine. Responsibilities include budgeting, planning, overseeing design and construction efforts for Capital Projects and long-range planning.

Projects include new parks, community centers, marinas, and beach structures.

Oversee a staff of 10 persons. Department budget of $40M. Liaison to Council offices, Commissions, and community groups.

City of Long Beach Department of Public Works, City Project Management Officer 2002 -2008
Oversee the management, budget, and schedules of all Public Safety, Parks and Recreation, Library and Civic Center projects, from consultant selection through design and final construction. Also work on major master planning and facility assessments for all facilities. Responsible for regulatory and environmental compliance on all projects. Oversee a staff of 11 Civil Engineers / Architects/ Inspectors /Project Managers. Responsible for approximately 100 projects and $100 Million dollars of funding.

Los Angeles County Dept. of Parks and Recreation, Division Chief, Project Management Division 1998 — 2002
Responsible for administration and implementation of $285 million dollar Capital Improvement budget, resulting from California Bond Acts of 1992 and 1996.

Projects range from construction of new park facilities, nature centers and sports complexes, to refurbishment and renovation of existing facilities. Staff of 35. 10 integrated
d e s i g n
construction
management
sustainability
tot um
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumconsulting.com
[email protected]
[email protected]

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES E. Relevant Project Experience and References
Over the last 20+ years, Totum has been the construction manager for well over 250 projects, from small tenant improvements, through large, complex grounds up construction on a 9 acre highly contaminated site into a LEED gold union hall, new schools and major seismic retrofits and curtain wall replacements on high rise buildings as well as parks, historic seismic retrofits and homeless shelters. The project types we have managed include facility types listed in the RFP Scope of Work, Section 3 such as:
fire stations, libraries, city halls, police stations, community centers, parks and beaches.

We provide herewith 3 references for similar type projects completed within the last 4 years. Also see additional projects.

Of the staff listed Section D, Danny Kaye, Alexandro Pinel and Pat Lappin have all been involved with these referenced projects.

Project #1. Supernal @ Hyundai — Phase 1a / 1 b -$10MM
Period: August 2022 — Present
Client: Supernal
Contact Name: Niraj Nath
Head of Facilities Strategy & Management
nira..nath(a)supernal.aero
510 371 2625
Totum managed the "dirt to done" fast -track build of a 90,000 sq ft desert site for Supernal. Other phases pending. See profile.

Project #2. Michael Rodgers Community Center — $2MM
Period: December 2021 — December 2022
Client: City of Huntington Beach
Contact Name: Chris Slama
Director of Community & Library Services
City of Huntington Beach
cslama surfcity-hb.orq
714 536 5495
Totum managed the project from bid award through completion. Demolition of existing building, renovation of existing building. Construct new Park and parking lot. See profile.

Project #3. Edison Community Center-$1.2MM
Period: December 2020 — December 2021
Client: City of Huntington Beach
Contact Name: Chris Slama
Director of Community & Library Services
City of Huntington Beach
cslama surfcity-hb.orq
714 536 5495
Totum managed the project from bid award through completion. Demolition and substantial renovation of existing building. See profile. 11 totu m

integrated
d e s i g n
construction
management
sustainability
totu m

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Project #4. City of Placentia Navigation Center -$3MM
Period: August 2019 - April 2020
Client: City of Placentia
Contact Name: Luis Estevez
Deputy City Administrator, Public Services & Infrastructure [email protected]
714 993 8120 - 714 528 4640
Totum managed this APWA award winning project from concept, design through completion. Fast track conversion of a warehouse into a homeless navigation center and replaced site modification. See profile.

Others:

Project #5. CCRC Head Start School-$2.5MM
Period: October 2021 — November 2022
Client: CCRC
Contact Name: Eric Corrales, MBA
HS Operations Manager
[email protected]
818 717 4508 - 818-377-1522
Totum managed the project from design wrap up through bid and completion. Located in Lancaster, CA. This was a conversion of large retail space into modern head -start school.

Project #6. Huntington Beach Navigation Center. -$6MM
Period August 2020 — December 2020.

Client: City of Huntington Beach
Contact Name: Sean Crumby
Director of Public Works
sean.crumby surfcity-hb.orq.
714 206 6639
During the peak of Covid Totum provided preconstruction and construction management services and managed multiple contractors for this extremely fast tracked and critical project for a 150 -bed homeless shelter. 12,000sq ft facility in a sprung structure on a 2 - acre site. Overall hard costs of about $6M. See profile.

Project #7. Occidental College -$12MM
Period August 2018 — December 2020.

Client: Occidental College
Contact Name: Thomas Polansky (Now at the Huntington)
Facilities Director
tpolansky huntington.orq
626 405 2252
Multiple complex renovations of several occupied facilities including the Anderson Center and other special project including the Gilman Fountain restoration, Sycamore Glenn restoration and several roofing projects.
12 tot um

2024 On -Call Program
Project Management & Construction Management
integrated
design
construction
management
sustainability
tot m
Project Pr ofil e
Placentia Navigati on C enter
Fa st Tra ck - Completed March/ April 2020
10,000 sq. ft. Interior Improvements with Partial Site Work Hard Cost: $3,000,000
• Totum provided Preconstruction and Construction Phase Services .
• Critical tim eline, driven by lawsuit.
• Emergency pro visions allowed sp ecial procurement route • Select, limited bidd er list (pr equalified) .
• Requirement for all new utilities as exiting warehouse had limited power, gas, water etc.
• CASp reviewed for c ompliance .
• Special seismic upgrades required prior to work
commencing.
• Partial grant funded.

Change Orders: —10%, For Owner Change Requests and Site Conditions.

Totum Role: PM / Construction Managers from design through construction for all phases.

Contractor: Cannon Constructors
Architect: Totum
Client: City of Placentia / PATH Ho mele ss Serv ices
Spe cial Issue s: Critical timeline, upgraded utilities, ADA improvements to hardscape . Impacted by COVID.

P LAC EN TIA NAVIGATION CENTER - WE EK AT A GLANC E - 03/30,20 PAT,' he s s ot up ...corder, res . qr Walt* tomo rro w •
■ilM9f 'f
17d
Prepared by Totum
l3
int egr ated
d esign
construction
management
sustainability
totum
Project Profile
Huntington Bea ch Edison C ent er AD A / R enovation
Fast Track - C ompl eted March 2021
11,000 sq . ft . ADA and Interior Impro vements
Hard Cost: $1,000,000
• Totum provided Preconstruction and Construction Phase Services.
• Critical timeline for opening
• Traditional design -bid -build
• Bid with Qualification Requirements
• Low Bidder Rejected
Change Orders: —8%, For Own er Change Requ ests and Site C onditi ons.

Totum R ole: PM / C onstruction Manag ers fr om design through construction for all phases .

C ontractor: Horizons Construction
Architect: Pacific Rim Archit ects
Client: City of Huntington Beach
Special Issues: Hazmat abatement, covid climate, limited budget .

Pr= I

2024 On -Call Program
Project Management & Constructi on Management
integrated
design
construction
management
susta inability
totu m
Project Profile
Park and Community Ce nter 2021-2022
Hu nti ngton Be ach, CA
2,625 sq. ft. single st ory major reno vati on, parking lot and park.

Hard Cost: «$2 .5MM. Includ es ren ovati on, park and parking lot • Public Cli ent
• Competitive Bid
• High Profile
Change Orders: —5% of which ^-2% was added scope.

Totum Role: Construction Management, overseeing project from award through completion.

Contractor: Legion Builders
Architect: RJM
Client: City of Huntingto n Be ach
Special Issue s: Dealing with community, long lead times caused by covid. Fire department use of the demolished community center fo r training.
14 integrated
design
construction
management
sustain ability
totu m
Project Profile
Public Safety Building, Lo ng B each, CA 2005
162,000 sq ft 2+6 stories
$17 .5M Seismic / Shell / Core
$8.5M Tenant Improvement
Duration: 24 months (construction portion)
Awards: CMAA 2005 construction management for
public works project <$50M
Totum Role: Totum staff was Constructi on Managers
with 3D/Int ernational f or this project, with day to day on site CM /PM services .

Contractor: Swinerton Build ers
Architect: Nadel / Langd on Wilson
Cli ent: City of Long B each, Department of Public Works Sp ecial Issues: Required over 16 months of planning,
and the creation of temporary facilities including a
temporary fire station, at locations around the City for the fire and police department as well as the mandatory requirement to keep portions of the building fully acti ve for police and jail functions to keep the facility licensed.

Created an additional 1,500 sq ft community center by
infilling covered e xterior portions of the building.

Special Features: Fully abated, new MEP systems, cool
roof, seismic upgrade to "critical facility" standards, New generator, restrooms, stair pressurization, new kitchen, walk in refrigerators, new curtain wall system, new
state-of-the-art jail hardware and seismic monitoring
eauioment installed by CSULB .

2024 On -Call Program
Project Management & Construction Management
integrated
design
co nstructi on
management
susta ina bility
tot m
Project Profile
County C ourth ouse Demolitio n 2015 -2016
L ong B each, CA * ** on track for 5/31/16 ** *
340,000 sq. ft. 6 story 1960's structure with subterran ean parking
Hard Cost: «$6.9MM. Includes site demolition / grading
Competitiv e Public Works Bidding
• Substantial hazmat abatement
• Extremely fast track with no ability for time extension • Totum assisted as PM / CM from concept through
co mple tion
• Critical co ordinatio n with SCE and utility companies No "design team". Totum had to ad -hoc bid documents in compliance with City standards
• Re quire d PLA
Change Orders: —15%, 5% anticipated as added scope.

Totum Role: Construction Managers, contractors, and overseeini project from design process through completion.

Contractor: Environmental Co nstruction Group, Signal Hill Client: City of Long Beach Economic Development
Special Issues: Substantial Hazmat, Coord with PD, SCE. 15 int egr ated
d esign
constructi on
management
u stainability
totum
Project Profile
M ark Tw ai n Library, Long B each, CA
16,070 sq ft
$8.2M shell / core
Type 5 fully sprinkl ered, wood fram ed, stucc o, built up roof / metal roof.

D urati on: 11 months to substantial c ompletion
Change Orders: <2%
LEED Certified - Sil ver
Totum Role: Construction Managers overseeing project
from design to completion . Initially with 3DI and then as a consultant to Parsons-3DI.

Contractor: Swinerton Builders
Archit ect: CWA, Glendale
Client: City of Long Beach, Department of Public Works
Special Issu es: LEED boot camp, partnering, Section 3
labor outreach required and complied, public art pieces, neighborhood input .

Special Features: Yellow brick road, salt water
aquarium, 3D pop out book bench.

LEED Consultant: Jim Ogden (Now with 3QC Inc)

2024 On -Call Program
Project Management & Construction Management
nte grat ed
de sign
co n str u cli on
management
sustainability
totum
Project Profile
Craftsma n Park, City of Lo ng Beach 2013
Orang e Ave
15,000 sq. ft . infill park project.
$450,000
• Approx. 1/3 acre park project, build on the site of 2 prior residences for City of Long B each RDA .
• Competitiv ely bid . Pre vailing Wage .
• Totum assisted from pre -bid through c ompletion
• Bid and managed in accordance with City of Long Beach procurement practices.

Duration: April 2013 - July 2013
Change Orders: $20,000 (Unfo reseen conditions and Own er changes / additional scope)
Challenges: Fast track project with restricted hours, close adjacent neighbors.

Totum Role: Construction Managers overseeing the pre -bid process, constructability and construction phase. Part time.

Totum retained geote ch and deputy inspectors for
construction phase.

Contractor: Micon
Architect: Melendrez
Owner: City of Long Beach
integrat ed
design
construction
management
sustainability
totu m
Project Profile
Oriz aba Park Community Building 2012-2014
Lo ng B each, CA
4,400 sq . ft. new Community Center
$1,900,000
• Set on a 3.8 -acre park site.
• 1 story community Center .
• Slab on grade, wood framed, Parklex siding, standing
seam metal roof,
• Mandatory LEED Gold requirement .
• T otum assisted from design through current 75%
completion (estimated to completed August 2014)
Duration: Design 2012 - 2014 (Est. Complete May 2014)
Change Orders: <10% forecast .

Chall enges: Adjacent occupied park, multiple subcontractor replacements had caused contractor excessive schedule
impacts although the project is not too far behind .

Totum Role: Proj ect / Construction Manag ers overseeing design concepts from grant writing through bid documents, plan check, bid phase, construction and completion. Part time equivalent staffing.

Design Team: Fernald, Inc, Long Beach
Contractor: G2K, Ag oura Hills
Owner: City of Long Beach, Department of Parks and Recs. 16 2024 On -Call Program
Pr oject Management & C onstruction Management
integr ated
design
construction
management
sustainabiiit;
totum
Project Profile
City of Long Beach El Dorado Nat ure Reser ve -
R eplacement Pedestrian Bridge, Sig nag e and
Amphitheat er .
2016-2017
Parks and Recr eatio n
Hard Cost: $750,000
• Competitive Bidding / Public Works
• Totum provided Construction Management
• To tum pro vided preconstruction and construction phase assistance
• De adline for work scope due to seasonable nesting
requirements for wildlife.

Change Orders: —10%, For Owner Requests and Site
Conditions.

Totum Role: PM / Construction Managers from design through construction
Contractor: Bitech Construction Company
Archite ct: AHBE
Client: City of Long Beach / Public Works / Parks and Recs Special Issues: Pre -order of Bridge Shop Drawings prior to Bid Process, Totum 2nd project at this location within 5 years. Grant funding from Regional Mountain Conservancy
17 int eg rat ed
design
construction
management
sustain ability
totum
Project Profile
East Divisio n Sub Statio n 2014 -2016
Lo ng Beach, CA
24,549 sq. ft . police sub stati on geared towards juvenile d etention. 204,000 sq . ft. Sitework
Hard Cost: $6,100,000 . (—$244 per sq. ft .) Includes site and FF&E
• Competiti ve Public Works Bidding
• Demolition down to studs and slab
• Substantial hazmat abatement
• Totum assisted as PM / CM from concept drawings through completion
Change Orders: —8% of which —4% was added scope.

T otum R ole: Construction Managers, contractors, and overseeing project from design pr ocess through completion.

Contractor: Robert Clapper Construction
Client: City of Long Beach
Special Issues: Historic building, addition of an ele vator.

integrated
d e s i g n
construction
management
sustainability
totu m
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumconsulting.com
[email protected]
[email protected]

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES F. Understanding & Approach
Having worked for multiple municipalities going back 20 + years, for clients such as the City Long Beach, Huntington Beach*, Carson* Azusa*, Placentia*, Irvine* and Santa Monica* [* currently working with or recently finished a project], we have learned, complied with, and even helped edit, certain city processes and worked with them with alternate and specific procurement methods.

With our experience working at our city clients as well as long term clients like UCLA, BHUSD and other private clients, we have dealt with all public agencies, city, county, state and federal, including DSA and OSHPD on federal and state funded projects.

We have found most clients have differing forms and protocols. Charter City's also vary. We work with the city forms and processes and have even improved them and picked out errors. We have also automated them, so they are more efficient and have supplemented them with our own forms we have created to enable the city, the public work and or parks and recs staff, to have better controls. From our engagement, we work with our forms and city provided formats.

Of the projects within the RFP Section 3 Scope of Work that you indicate you are undertaking, there are the numerous types of projects with which we are very familiar, experienced, and comfortable managing.

As a small firm, we are very hands on. Our project team shall be led by Danny Kaye, as the day -do -day person. A small project can be managed differently than a large project, so we would need to assess each projects needs.

We are very suited to help you with building type projects such as new build, renovations, seismic upgrades, demolition and park projects that have special needs.

Our approach to management of any project is to create a collaborative environment and treat every team member as a vested stakeholder. There are contracts, with their related terms and conditions, for most of the project delivery team members and these must be complied with, but it is in everyone's best interests to collaborate and that in turn enhances the rate of success. Our goal is to minimize the risks, increase the opportunities to maintain the budget and deliver the project with the desired quality and within the schedule. We utilize practices, tools and standards we have perfected over the years and modified in line with the Construction Management Association of America (CMAA) published standards. We ensure we get familiar with all stakeholders, agency and project specific issues. We have very recent experience working on City projects including the extremely fast track 18 tot um

integrated
d e s i g n
construction
management
sustainability
totum

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Navigation Center and currently the Public Safety Building. We know how to work with our City clients and provide for the services you have outlined We understand the need to have projects completed within strict deadlines.

We know the logistics and complexities involved with all aspects of a project, from concept through completion as we proved for the fast track HB Navigation Center. We are familiar with most software systems and assess their needs for each project and client requirement.

Our primary objective is to provide you a team that can professionally manage a specific project, from a part time person through several full-time team members, which we are confident we have, and to staff the project with adequate hours necessary for Totum and consultant support as needed to start a project correctly, with budget and constructability and realistic timelines.

Our second objective is to ensure the bid documents [plans and specifications] have been checked, are thorough and structured and capture all project needs.

The third objective is to work collaboratively with the contractor (and other consultants), be open and clear with issues, including cost, schedule and logistics and to ensure all stakeholders are kept in the loop. You must be briefed of any issues before the city manager, council and the mayor are informed blindly.

The following categories is our understanding of the City's needs and our general approach to managing projects.

Preconstruction:

From our engagement onwards, we take on our role as an "extension of staff" and become vested in your project. We elaborate below on some of our methodology based on your outline of scope of services. All tasks you refer to on pages 5 to 10 of the RFP are standard practice for Totum and our consultants and our services can go beyond the listed items. If needed, we would also be able to assist the City with any documents and tasks in order to obtain funding for grants.

As part of the initial kick-off team meeting, we would seek to define all roles, milestones and expectations and ideally have, a "light" partnering meeting.

We would also discuss any value-added benefits or tasks we think you may need.

Upon selection on a specific project, we'd set up typical project files and a drop box for the team and initiate a kick off meeting. We'd create the agenda and chair the meeting, set goals and milestones and ensure they are met. We'd provide an initial simple milestone schedule and get stakeholder buy -off. See page 25 for a sample master budget review.

We will work with your team, with constructability and buildability review of the plans, provide cost estimating, help with the appropriate plan check agency, 19 toturn

integrated
d e s i g n
construction
management
sustainability
totum

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES compilation of bid documents including review of plans and specifications in detail, and the bid process, run the bid walk, assist with bid addendum and up to contract award. Initiating the bid process will be an early task and using experience and techniques for multiple public agencies, we shall issue a procurement sequence for City approval and set up the bid process that will yield suitable bidders.

Crampton UFA
Galion Phase
Limlwww. law
A.m.6Y
rr..0arm •ailon
OM. Dawkwel

MAE SOW
.6 LAW
N ▪ Yy1
104/16 lea
Tsairy
rwors. 0 tau
,...r 0 53,e s....5
mmdrr pro 5 5000
311.12e Y. $ nom Oen pol4pe M r i.u. as
50101 A Lome LA Ida
drain earDM
reams#hifa.Y.1 F
LOM Ps..w.

TO pW
a 1r +PLYnra.L
1111 amor 1. . ra926
Il/A o.ta 61v6 ...: raw
146CO 1.9 r1 pad44 L • Lp.13
I{LOO RNA tookrW w.

ILMLO Nadal W a priced non.
04 neared k+raaW
ado= m enet liwir4ar
Azusa Senior Center Remodel Prelim ROM
As of 19,1 MO:

Swig uest-'Sebum t32200
Garza - Demo. gating, grubbng
$48.552
Pierre Landscape ? I R lg at tn: $120.8194
Total: $492406.

We have $610.00D in the budget. Thus
we are currently prolersed to be
$127,000 UNDERbudget We may
need to pay additional caste far a brier.
added gate and scene other prods' but
we shouldrrish $700,000 wider t -o
egritelert budget
We still need to price out and
eventually do the careen wood fence
,and the binders yard.

Lem Holm Crary Rare hntrr.bd
0 Demolition Moue grade 1 $ 2505 5 25060
See Demo. 6radino eeo 3010 5 SS $ 45,000
2 Parking Lot Repair l Slurry coot 2711 5 6 5 163014
Parking Sails RrSmpe 62 5 150 5 9,300
0O4wipe 15ignage 5 5 500 5 2,500
Tea Added tree: 15 5 250 $ 11,250
D6 ADA Pedruula /Aassrooml Lou,. 4400 5 12 5 52800
AC AC de to rework of err 1 5 25100 5 25000
Lardsope Neer 600 5 6 5 3.600
11,01. ion Rework 1 5 2,500 5 7.500
Grasselz Neer 200 5 05 5 13000
not Mukprpo.e area 1000 5 It 5 ap60
AL)) AIM Parking mite 5 5 250 5 1.250
3 Carnet. Pared wall 36. 170 5 60 5 1420
A114 Wakway A Path 3345 5 25 5 83.625
Drop ot Mc
outdoorseating area ins
FoolipforOdU red 5 5 1560 5 13,500
4 CAM Ale Wall inc fwen0. 720 5 120 5 80,400
5 N9xe srebls
6 Wood Framing
8 Does
9 5lartco Coat
Paint
10 Planless
ampler
Tables / Maio
5ignage
16 Nighties
17 Scope T6O
5obTotal
Cae6nger.Y
GC O.erYead ad Weft
5,6Toeal
Soft Cos.

Master ROM
Er ny Ga. f Turf Area
Fence ®Turf
Wood Trellis 0. erMy
Steel for Arc Wall
Neer dart into Fleenor Classroom
Art wall slim coat
hiding brdualls
Daimon,- sax. -Arc wall
Planter and Ions...

1. sew onopp =WW1,
Near. TOD
Neer.TID
Added Parties lot 144.x6
Otlerli6hu�
Neons metered ha o.hrm m concept
1 5 Soon, 5 56060
6 5 3,500 5 210„
4 5 3,50, 5 141„
160 5 135 5 nom
1 5 5010, 5 50060 0 41
1584 5 3 5 3,960
260 5 30 $ 6000
am 5 95 5 6805
11 5 2,50, 5 27.55
1 5 1506, 5 15.060
2 5 3,500 5 7000
1 5 5005 5 56030
1 $ 2505 5 20005
Iyilftnlum
5 1109,899
5 221.780
$ 1338626
332.670
$ 1.610.306
5 332.670
$ 1,996,01.8
2 5 4,500 5 9000
35 5 140 5 4,960

AZUSA SENIOR CENTER REMODEL
AZIr5A SENOR CENTER REMODEL
V a
20 totu m

integrated
d e s i g n
construction
management
sustainability
totum

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Constructability Review: Totum review plans, ideally at 70% or more complete, to check for errors and conflicts. It starts as a detailed review of every page and detail for accuracy and compliance. It cannot be carried out too early as there are often early tidy up processed that the design team must do. We either pass our markup set to the team or create a list, in XL, so that the items can be formally addressed.
- N ,. ^
I
I ROOM
L.
�
LEGEND
11 ..1•,...a,.
r
W
CO lb.
m
■
J
--
f®
_.:'
—

�.
}�—
yp.-.
._
..................

I,�
.,
., .
o E..
._;.
—
as
.r

� �
ICI
®:
�_�

1..

EU
11 _
4 f i
r
r
r1
-may
...
�1� �
�I
-E Ifs'
KEYNOTES 7.

AL b
b : ::
❑ ❑ _
❑ _

8 8-
.2
I
.� icx
1-

o
7 • .O
------C)
../
"x.c,
© „rs.._:
'—`�'�:LLi� s
1010.5.0.11060.

Eeaaey:

IT
J
L
i
w
C}]

FIRST FLOOR
PLAN
NORTH

ELEVATION
r•,.. f 5

MATERIAL LEGEND I
0 ��
^Q
+/4
D a
h+
a
I
=
= A2.1
FL4CENTIA °UBLIC S

MY OF PLACI
i. FI MAJO
SNAHEIHEIK CA9
EAST

ELEVATION
r• r. 1
C)
r
i
o
,4a
S
Z
_
u
II I I
+armx
t
_ _
or
RRce..t
.e :_
SOUTH

ELEVATION
r•.. T
o�(/ a
TS
o
o
k
q-
S�iTIfi1➢QFv➢_
f
--s —KM.
-
- rt
1SY1 tiw _.._.._.._.._.._.._._..___.._.._.._.._
_ _ _

EXTERIOR

ELEVATIO'IS
"°M'_�'—•� '='
tl a
=

-.»++'
A A {4P 1`
A5.1
WEST ELEVATION ..-T. 6
21 tot m

integrated
d e s i g n
construction
management
sustainability
totum

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Schedules: This is a recent master schedule we did for the city of Azusa. This is a fast -track project they engaged us for CM and design services. We understand the city procurement process and the steps required.

Of course, if a city requires internal expediting, we accommodate that in the schedule and process and track it accordingly. Please refer to Section G for other schedule information.

City of Azusa - MadiarShcedlle - Prermnary Master Scheckle Concept Sr CFrltrs Task Name % Duration
1 Azusa Sr Center Improvement
2 Concepts Approved
0% 386 days
100% 0 days
3 Budget Updates 0% 2 wks
21 Tatum Proposal [CM/Design through completion 0% 0 days 22 Approval of Tatum to Continue O% 1 wk
4 SD's 0% 4 wks
9 Updated Budgets 0% 2 wks
20 Approvals 0% 1 wk
5 DD's
6 CD'sto80%
10 Updated Budgets
7 Plan Check/ Permit Ready
8 CD's to 100%
0% 5 wks
0% 9 wks
0% 2 wks
D% 8 wks
0% 4 wks
19 FF&E Selection/Order
O % 4 mons
11 13
12 14
Bid Process
Assemble Bid Docs
Advertise
Prequal
Start
Finish
1/4/24 6/26/25
1/4/24 1/4/24
1/4/24
1/18/24
1/18/24
1125124
2122124
1/17/24
1/18/24
1124/24
2121/24
3/6/24
2/22124 2128/24
2/29/24
4/4124
4/4/24
6/6/24
6/6/24
6/6/24 9/25/24
0% 73 days 7/18/24 10/28/24
0% 2 wks 7/18/24 7/31/24
0% 8 days 8/1/24 8/12/24
0% 3 wks 8/13/24 9/2/24
4/3/24
6/5/24
4/17/24
7/31/24
7/3/24
wP
Sep
Okt
Nov
Dec
]en
Mar
/18
O ihsk /see
Qeratke 9mrt
1 2 PYrrntie reeiptidWteeter 1715 days Tae 0.63.4
r TMvrn Prapesalf Award [linked) 0days Tue 611619
4 &Airing Psscsrnent{Report 15 ere Tue 6.019/19
y Cperabr 0days Fri 6/21J19
y TMurn Full Carteret Odeys Fri 6121119
5 pose rs-sow 0deyc Thu 627/14
c ,�, Carf CellTeem Odeys Thu 627/13
9 Meet mit,Operem- for Prugnm 1 w Thu627/19
10 Prr>gram eojust 15]ec_ Plan 1 wk _ Thu 7{4}19
11 A2 +owls 2dyys TMi 7111114
Finish
Wellemessars May
12 D6/SDCornho 3wks Mor7/13/19
19 Ws 6wks Mon 2/5/19
14 Plan Glitch Crte,ded (FC 2days Mon 9/16/19
12 Permit Reedy 0days Tue 9/17/19
16 Hid tai Contractors 2.6 wrs wed 9.11RI9
17 Award r' Correct 2wks Fri 1W4/19
19 Conatr,ctior 4 rrons Fri 111/1af19
i9 CufO 3deys Fri217120
20 Occupy Oder. wed i}F3)20
Wed 2112/
Tue 511669
Thu 6/27/19 3
Fri 6121119
Fri 5(21(19 6
Thu 6/27/19 4
Thu 6{27/19
fired 713119 8.8
Wed 7/1(/19 9
FriT1 10
Fri E.12(19 11
Fri 9113/19 12
Tue 9/17119 13
Tue9/17119 14
Fri 16/4/19 13
Fri 1(/1319 16
Fri 217/29 17
Wed 2112120 ffi
Wed 2!12+20 19
411 LACENTIA
]un
1m
6/26
22 totum

integrated
d e s i g n
construction
management
sustainability
totum

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES NIBS and Bid Documents. Totum frequently creates [edits from the city boiler plates] the front-end documents for the bid package as well as fully review and mark up, the design team technical specifications.

Our knowledge of public works projects enables us to look for conflicts and errors, whether it is sole source specifications without "equals or conflict / clashes with other sections. Most design team re -use specifications and we often find errors including references to a project that is not related to this one! Below you can see a NIB totum issued on behalf of the City. FYI, Totum fully managed this pre -bid conference with sign in sheet, hand outs etc.

Meyer
'1IOARD L. SiAI1H
Heyor Pro Trn
v EREMr B. YAMAG C - I
Councarnaanabarr
KEVIN IUFriVIM

RHCNDASHADER
CHAD P. W MUSE
!On I...Om an a» City
401 Art Cfgaman Awn"» Pfacanda, CdMomJa 02d79
Placentia Public Safety Center Phase 2
Notice Inviting Prequalified Bidders INIB}
Tuesday, December 13, 2022
ROBERTS. LACKIMN ELL
CNy rrrasunr
KEVIN A. LARSON
CNyAokrLdmslor

DAMMEN R ARRLILA
Dear Potential Bidder:

There shall be a mandatary pre -bid conference and site walk through arc Ilionday December 19, 2022, at 10am.

Location: Prciectsite, 2999 East La Jolla Avenue, Anaheim, CA 02906.

Bids shall be due on Thursday, January 26, 2023, 4prn through Planetoids.

Please anive promptly and no later than lLam at the main gate. There shall be a sign in sheet. All attendees must attend the ent re duration and sign out al the end. Once the job walk commences, no other participants are allowed to attend. Your vendors f subcontractors are not required to attend, although you may bring them if you desire.

There will be other set dales, during the Bid process, that we shall make the site available for additional site visits. The completed sign in sheet shall be made available to all that request it.

Plans and Specifications shall be formally made available via PDF, Thursday December 15 via PlanelBids.

We look forward to meeting you at the mandatory pre -bid conference and walk through.

Regards,
Masoud Sepahi, PE, LEED GA, City Engineer
D irect Line: (714) 993-8132 {9149} 375-6599
rnsepahigolacenba.orq
At the pre -bid meeting, we would have a sign in sheet, agenda and run it like all of our other many pre -bid conferences we carry out for prior projects with Huntington Beach, UCLA, City of Long Beach and Placentia to name just a few.
23 totu m

NIP Start
wwm
Derr
E nna
Comp Deis
Curran-. Delo
ProAros:.

Elelanos
% Ceerlrrte
Camad
CD's Pomntlsl
Ras Gorr_ F.
rrrm
lama
r
loam
integrated
d e s i g n
construction
management
sustainability
totum

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Construction Phase:

We would initiate a kickoff meeting with the contractor, client team and design team and all stake holders [including our labor compliance coordinator, local unions if applicable, testing and inspection consultant, client maintenance teams], create the agenda, attend and manage all weekly meetings, review contractors schedule and milestones to ensure they meet with the project requirements.

We would prepare reports for
City staff to use for
approval/award of projects.

ConrrMlith Pi2Ta9Jdalr irxo2a
Merirp Mrama
Placentia Dissigetian Catalan
Orr 1fi2R6
Laearlon: City her #171
Tine: e.9&um cemtrudron with tin Liam ;
lased np: a CorsWuoear

` 1. -
At Erdi
.*a..!
. .. .
oaern-- .

Keise WEAK Olr=Human O4 Cum moils Bream
YuoUes4a My i'arr7- Camaro* awns"' Sweeties
Mar 9mea, CrriLB} Pr;YemOraerrire
L1i Edam, Cir4LEF 94 Pubic Wu1e
Derry Keit, Term 03Itl - ECU
Psi Lippe Trims 'FL) - 9CY
AJalr'dn Prel, 78611 OP} - DU
Dan Saw, Carew ID- F d
Jeam Rirarge Wirer. poll.- Eurrne rind
Dirk Zeclra, 78611 I1 2l..a+rps Partite!
Ewa Tub Tatum 1Ef}DreiQJ /ammo
Jan hittlislarel.Grete f.MF PrInalFel
T iaralUri* Parr CRP)
Webs Samuel, CV pals)
Irr.,tal..ccrn 1gpmr r.rtmaim old 0 -. 'eV
w--
Herm
Des
cription
Treaty Tr aty Updates and Planning
WR lraarryer.owouraiap
1181 Submittals
RIRI2 Totem reviewed Submittal log dated 177x7. Of the Gambian ,rr_ *8. 1. d 35 nooe the highest priority. To -Lim millineltplthKralriLleiKe plumbing fixe.res 'Su Comm for Subside' N1& Carrel Cal NOON colors, cast and tirreframas pia to wbmittirrg. Gamma (ayilkta 10y1L91} ight blares submitted. Team will need ta review the pebble 016Yrl to prrwlde sinbrlity.

YFRa.3 Log darted 171472f1 reviewed. Camas noosing tanned with solm pQ Team 1J1'SM rrarnufactrer raw irerrenta Painting ad rn TBD. Ligl'rting f duree creed to ba derided by Friday 3prn. Priority of open submittals is 8,15.5 1.1 ViSlaa
WR24
POR3
WR32
Tmm 1J2249
RR'
Tarn nviewed Subnitdl Log doted 18223-#36 &N 27 have priority. Cannon 11000 Log dated 1i'l412 i reviewed. Mori inportrrt ta maser are 28 (Door Cannon 1.11 WC o dors) plies 528 39 which go together. M24 was answered bid needs more npuL by the Civil EnQneer. The issue at strucYJml Megerity end ADA access to the outdoor shed needs to be an RFI. Meanwhile Jesse Lc review the shed win City Inspector.

Cannon 1J22I29
CORs f Charge Orders
Ve'nt's pending: Camon vrill provide Rah tar pending edits: r!l.me the Cannon REM o verhang. commie slab removal end replecen-ent, scam colors if umpired. plLI11 ng Iixures, 2 new windows.

The pap for re-fran-e d die overhang was received Dori oppnrveti. required.

Cannon 1.11 5124:1
Cannon 1J22I29
The assigned project /
construction manager, apart
from coordinating and
managing the weekly
construction meetings, would
assist the team with submittal
review and tracking, RFI's and
change orders, utilize our
team for all change order
reviews as part of a quality
control program. Totum
provides weekly photos and
"Week at a Glance" reports as
well as monthly reports that
clients of ours have required
to issue to their agencies such
as RMC, HRSA and CDBG.

Image to right: Typical
minutes / agenda.

Our staff are trained to ensure
that the contractor's payment
application and schedule
values matches the contract
and that they invoice correctly
with accurate % complete and
that they include all releases
and "deliverables" required for
payment along with any
CDBG vouchers and forms
We'd make sure that all quality control aspects were reviewed prior to approving any payment applications. This would be through our project / construction manager, who may enlist our QA / QC staff if needed.

Sometimes, an independent review makes sense.
24 totu m

integrated
d e s i g n
construction
management
sustainability
totum

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES BUJ HBNAV 111120.xIsx as of 11!11/20
e.a
CO
My of Nn e.am
Amour
CO
000.1 tlons.CA ctlrM P.m,
841m.

Cwvan iOrlpal cm0
I 670,663.12
k
Omu.p$oa
905 MrcMral UM 2 balm pad.
a 109,131.16
1 $ -
2 Sway ane solneerinq
MS I96
3 a
3 Me rMMed sal up. ELP alt
1723,]10
6 OPEIn$ Molina
1721,106
6 1BO
6 Om2. Ewan, Nora •al foxka r demo etc
$149.$45
T
Offm Curc,erts
$101,12'!
8 SCE related Bork
$1.309
9 NA
D.

Try.,.name.. p.es ane um,, moor,
MOVES
I
all malt$ .0.0. Poo fancy, $Mm etc
$160,690
11 100
I
CCTV and abed 00.
$90 725
TOM Colo Ma
$ 1611$1.76
IA
Map up mope p.Jhg of .8.
1723,569
IS
CM, mil Ma Mt face and cep
$1,005
Carrara Cevct ion!
$ 211211723
In
MD
Pamir Applutm OMIT to cat.

ToPald
1 f ]09,9x.19
'10
Tou Payment
a 741966.19
MA Cdr
$224,110
Mac lam iTtwalwa Nth P.M, Mal
I,
Ctrn6rin rawb.
$16.600
ux, uparau
$7.600
18 .d.M r
Afcrued OHM ohm
$16.000
0 Maid 0 coon nrMru a¢
$7,000
Ceara. al mart Coax Ii a. Oast
Man r.mdrary Inc. Modal
$ 2.,$20$
TM Palma
000
$tn..an
Origami Contrail Sum
$ 670,683.48
aaenl Can
Lke1/ ZAmra$
$ 533.aIs2i.
$ 1.712.935.31
%over O601nai Li &ad
24 3Z
LPely %Dyer of g k1ai contract
155.40%
AfOuni Pald INEIT
$ 748.855.19
Amont Remalnno lOmaal
$ 84.169.$4
% PM (Current[ tre $j
80%
Eeamabe raala m AM. S 1,712,$$$
Max nott$ Extend GOBI $ 1,775400
Contingency Balanced 1 87,085
'viva) eaa
Our experienced staff will help with all issues that
could arise on site with field conditions, inspectors
or client changes. Our project / construction
manager would update budgets and schedules
and advise the selected stakeholders if and when
any issues arise and how they are to be
remediated or mitigated.

Totum utilises our "BLU" form (image to left) to
track and update constructiion budget changes.

We track change orders and potential change
orders to keep our clients aware of the budget and
contingency status. This shows the City instantly,
that with known costs and project costs, there is
still funds available before they would need to go
back to council. At various stages, the risk is
higher than other stages depending on the project
progress and intended added scope whether
change order or other fiscal adjustments. It also
shows funds paid; balance left in the contract
etc. Our clients find this a helpful tool. Our
knowledge of what the city clients needed
helped us perfect this form.

City of Placentia, Navigation Center Master Budg
Categories
Description
Baseline Budget
Est/Act
anent curet
1 AS1linistmtive
A1.1
LegaI Fees
$
56,000
Est.
$
50,0000
A1.2
ESr1Dw Deposit
$
100,000.00
Actual
S
50,000

41.3 Dui Icing Purchase
$
2,717,095.00
Actual
$ 2,717,195
A1.4
Dui 'der$ Risk Insurance
A1.5
Utility Dseage $y city
Est
5 26,000
AL$
at Fending & M6c
5 6,000
Sul! Total
$
2„867,09500
5 2,84 7,995
2 Rep W15f2Ne5tgations
RILL
Utility Invert
7,500
Actual
7,115
RIL2
6eTTechnlcal
7,500
Actual
-
R113
Hai Materials
-
Actual
2,195
RIL4
Appraisal Fee Are &Melrose
10,000
Actual
12,962
R1L5
Environmental Site Assessment
29,000
Actual
30,219
RILE
Property Condtion Ass.sm ent
6,000
Actual
5,200
Sub Total
60,000
56,791
3 Entitieanent/Plan Check/Permit Fees
EPP1.1
Plan Check
$
22,750
Actual
$
-
EPP1.2
Permit Fees
$
22,750
Actual
5 -
EPP13
Planning
EPP1d
Developer Fees [school Fees etc]
Sub Total
$
45,500
$
-
4 utility Fees
UF1.1
Electric SCE
$
25,000
Est.
$
15,003
UF1I
Water / Sewer
$
25,000
Est.
$
20,003
UF13
Ca5
$
10,000
Est.
$
10,1700
UF1A
Phone/Dat$
$
10,000
Est.
$
5,1700
Sub Total
$
70,000
5 50,900
5 Design COnS,idmS
DC1.1
Tut n Design
$
225,000.00
Actual
5 286,103
DC1.2
Mechanical
5 -
DC13
Electrical
t
Ekpenttu
2 $
During construction communication would
typically be through out project / construction
manager. We would liaise with your
assigned staff member and keep
communication through the protocols and
hierarchy agreed for both verbal and written
comminications. We shall liase with the
contractor and consultants accordingly. Any
direction that requires correspondence to be
tracked shall be followed with an
email/letter/memorandum to file. Image to
left, sample for tracking master budget.

Typical schedule below.

We would monitor the contractor's safety
program and performance.
25 totum

integrated
d e s i g n
construction
management
sustainability
totum

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES City Change Order Forms: This is a recent draft change order on our City of Placentia project. We draft and issue for our city clients. On a private project, it would likely be an AIA form.

City if Plate
Contract Change Order No.1
PYoenNa Pubic. Sahib. C enlar a,tor n
LOencrEen
, P :2.@2-23
You are hereby dirccted tD make lie herein described changes from the plans and specifications wtic do fie following described work not included in the .lane ands 'f ations on this contract Description of work done, estimate of quantities and prices ID be paid. 1 This Change Order provides:
a) Extra work as listed in Exhibit Aand the detailed CCRs#O1,O2.Ga. 05.1,13 .07,09,andU9. 2 This Change Ordercameabout from:
a) Meta the need for Contractor to A} i nstal I a temporary 400 amp panel because of the long lead time of the 12C C arrp panel specified in the bid documents; 8) To purchase alternate HVAC equipment due to long lead time of items in hid documents; C} Provide credit br items removed from Loengreen's scope including electrical scope, card reader and camera equipment, and interior walls; D) InstalI additional light fixtures not included in bid documents; E} Provide additional connect on for new HVAC equipment; F} Provide additional law voltage conduit G) Instal I additional conduit for revised IDF location; H} Expedite Panel Ell 1 delivery to meet project deadlines. 3 Action to betaken:
a) The Coniactorwas directed to perform the additional work iterns and order the necessary equipment accordingly. 4 Compensation
a) Adjustment of Line Items exceeding25%
b) EKra we&
d) Credils
Total
$ 93,455,39
$ (111,1145.30
(19,4E9.91 )
5 Contract Time Extension
a)
NIA
in addition to work specified in the bid spe.ficatons, this change order i no' udes all extra work, field adjustments and credits. This work is a Contractor initiated change and includes all la bar. equipment, materials. and supervision and Administration_ CHANGE TO CONTRACT COST: CHANGE TO CONTRACT TIME:

Conrad Amount $ 1,324,000.b0
Previous CCOs:

Adjustment of line items
Exceeding 25%
Total Extra Work
Total Field Adjusrnens
Total Credit5
Changes in Line Items:

C unent Contract price:

Prepared by:

Recommended:
s
$ 93,455.39
5 (111,g45.3J)
(18,4991)
$ 1,305,510.M
0 Working Days
Danny Kaye, Senior Project Manager, TatumCocsuiting
26 totu m

integrated
d e s i g n
construction
management
sustainability
totum
Close Out

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES at 1s kmanshiP
HB NAV
dose Out Checklist -To Retention Release
Item
Required
Provided
1 Ensure contract executed
2 All change orders processed
3 Invoice to 100% approved
3 No liens or threats
4 Punch list completed if applicable
5 Sign off by City/ Inspectors/Agency
6 As Builts
7 Guarantee /Warrantee
8 Attic Stock (materials if parts)
9 O&M Manuals
10 Training if needed
11 Cx if needed
Once complete, retention can be funded
nfamal +
I
those
Vendor:
ements construct
as of (Date of
ese does not include
Contact: has informalN aStonNhe improv
CdY Is ttmited This rate
dvised thattha accep tanca the Public.
by
please bete), "(Ms to
rovemen
usage of rnn9 as a result of del active wo<
pcceptan �odces mustee
of esfor tr eunta recordation °'o 9 item
ocFu tee
love refease construction time. 35 days after the
responsibilif�esfornt ct funds Me T'c ntnads0tion of this protect . l be releasedrto re a the retention 2� id during a In order to release
dhhe
tua
C plet� n INp) by t County
Obi,
f Orange.
for appro Nta9as fanclosedlal Len waivers
submRted ce for Prevadln9 s (edet decode,
� )
Compliance (enclosed), Mciddind good fend

1. Tide
e�eatecarelens aced) pgaintenance
s Contractor'se airs Co ndnce t c an enc'osed)
ate of sts ud1n9
Title vlPlar ltdd k of co Sheet f retention funds
3' One -Y stable Track 9 m
4' Contactor'. F. from Your surety to release
the prehminaN rj0

5. AuthonzaUon leases from

5. Uncondttlonal re oils
7' Final Gert'rfied PaYi'

3. ,�gguil� plans

9. As we head into close out, we'd ensure the punch list was provided and that all corrections were made and all as-builts, warrantees, and "O&M" manuals are provided.

A Totum close out checklist, combined with documents
that the City specifically needs shall be compiled. All close out documents would be thoroughly reviewed
before hand over. A final audit of all costs would be
carried out and reconciled. We'd hand over all our
documents we have accumulated and explain them to
the City team so that the close out package was fully
understood. Images to left, sample close out lists.

We have worked on projects from $25,000 to
$45,000,000 so can accommodate any project task,
size or role and would customize our approach to be
suitable to your project scope and needs.

We do have a simple procedures manual that outlines
many of these steps that we would share with you and
modify for each project.

See Project WAGS.

City of Huntington Beach - Cameron Lane NAV - WEEK AT A GLANCE - 11 /6/20 Drone shot d .w tra II era pace. arb ',Muting underway
Flooring underway in ll-re Mercy Hemel:rollers
Wilt, work ongoing
9 •
Prepared by Totum
•
27 totu m

integrated
d e s i g n
construction
management
sustainability
totu m
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumconsulting.com
[email protected]
[email protected]

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES G. Scope of Work
Totum has thought this question through. Until we know what kind of project is selected, it is not really possible to add scope to the already typical PM / CM roles / tasks that you list and that we and our consultants provide.

Page 5 ends

limited to", for 13 catagories [ Totum is comfortable helping with many of these ] and following this list, through page 10, outlines mutiple tasks and roles.

While many of these tasks may be requred on any specific project, it is very difficult to expand upon this without knowing a category to work on.

For example, a mechanical equipment upgrade, which Totum has managed on multiple projects in the past. We have replaced mechanical units on multiple City of Long Beach projects, as well as 150 Ton roof top cooling towers for UCLA in 2 high-rise buildings, even using helicopters. These mechanical projects require substantially less tasks than a grounds up building. Therefore, it is difficult to expand upon this question, without selecting a specific project type.
28 tot um

integrated
d e s i g n
construction
management
sustainability
totum
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumc
danny@totum
giulio@totum

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES H. Schedule
Below are 2 recent schedules we provided our clients to see who to take a project through completion.

The first is for the City of Azusa. The client requested we give them a simple timeline how to get from where we are in January through to the end, particularly in light of there is politics as to when the work will start because of council elections. The second one is actually for the City of Placentia when we were timing to see how we could get the public safety building in particular the Butler evidence building complete. Do not let the dates throw you off, we all know that deviations occur whether it's rebid documents because of the budget or rain delays or just delays and approval but it's the thought logic that goes into it that's important.

City of Azusa - Master Schedule - Preliminary Master Schedule Concept Sr Center I
1 2
Task Name
Azusa Sr Center Improvement
Concepts Approved
Budget Updates
Duration
386 days I 1/4/24
0 days 1/4/24
Start
Finish
6/26/25
Inl nil nli lclrwlnlnnl. II I nlclnlnil nli lclrwlnlnnl. II I nIcIpIN 0%
100%
1/4/24
0% 2 wks
1/4/24
1/17/24
21 Totum Proposal (CM/Design)through completion
0%
0 days
1/18/24
1/18/24
22 Approval of Totum to Continue
0%
1 wk
1/18/24
1/24/24
4 SD's
0%
4 wks
1/25/24 2/21/24
9 Updated Budgets
0% 12 wks
2/22/24
3/6/24
20 Approvals
0%
1 wk
2/22/24
2/28/24
5 DD's
0%
5 wks
2/29/24
4/3/24
6 10
7 8
19 11
13 12
14 15
16 17
18 23
CD's to 80%
Updated Budgets
Plan Check / Permit Ready
CD's to 100%
FF&E Selection / Order
Bid Process
Assemble Bid Docs
Advertise
Prequal
Job Walk
Bid Period
Award and Contract
Construction
Punch / Complete / City Sign Off
FF&E / Use
Close Out
0% 9 wks
4/4/24
6/5/24
0% 2 wks
4/4/24
4/17/24
0% 8 wks
6/6/24
7/31/24
0% 14 wks
0% 14 mons
0%
6/6/24
7/3/24
6/6/24
9/25/24
73 days
7/18/24
10/28/24
0%
2 wks
7/18/24
7/31/24
0%
8 days
8/1/24 8/12/24
0%
3 wks
8/13/24
9/2/24
0%
0 days
9/2/24 19/2/24
0%
4 wks
9/3/24 9/30/24
0%
4 wks
10/1/24
10/28/24
0%
8 mons
10/29/24
6/9/25
0%
2 wks
6/10/25 6/23/25
0%
3 days
6/24/25
6/26/25
0%
0 days
6/26/25
6/26/25
•4)/2
6/26
29 totu m

integrated
d e s i g n
construction
management
sustainability
totum
Task Name
Placentia Put& Safety
Butler Shell
Butler Package Complete
Butler Pricing / Approvals
Butler Plan Check
Butler Rik
Butler Fabrication
Butler Build " Shell Only •'
Pr rik Safety
Design to 95%

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Nukes
Resource Duration Start Finish
360 days Meng/W»
py 2/2/21
150 days Men 9/19/22 Ri4/3{/23
Butler 45 dals Mon 3/13/22 Fri 11)18/22
Qty 4 Mks Mon 3/25/22 Fri 10/14/22
Oily 3 wks Mon 11/21/22 Fri 121/2/22
LSty 0 days Fri 1213/22 Fri 12/)5/22
In Shop Butler 30 dals Mon 12/12/22 Fri 1/20(23
" NEED MD Ruder Build Vendor 6wks Mon 3/5/29 Fri 411.412 360 days Man 0/10/22 Ni 2/9/21
2 package=. PBK 2'.A'ks Mon 9/19/22 Fri 9/30/22
2 5
7 3
Pregualifiatnn Package l Process General Contractor l ORno/ 1trlrork, Bu Her Pad 4 wks Mon 3/19/22 Fri 10/11/EL
Pregtwl fiction Package 2 Process General Ocnractar Public Safety Building GCE Phase 2 prequel lied
5 wks Mon 9/19/22 Fri 16/21/22"
0 days Mon 5/15/22 Mon 9/19/22
Plan Check Package 1
3wks Mon 17/3/22 Fri 10/21/22
Plan Check #9919412
5 wks Mon 11]/3/22 Fri 11/4/22
GC's Phase 1 qualified
Package 1 RT1
Bid Package 1/ NIB/ Bid PPECI.S
IPacage 2 RTl
Bid Package 2/ NIB/ Bid Process
1 AoorS Padage1
NTP / Proceed Packags
Package 1 Vrbrk
o days Fri 10/14/22 Fri 10/14'22
Demo/5ne 0days Fri 10/21/22 Fri 10/21/22
rems/Sire 4wk5 Mon 10/24/22 Fri 11/10/22
Demo/ Site
Demo, Siteenrk, Butler Pad
Dams, Site, Pad
0 days Fri 11/4/22 Fri 11/4122
6 Wks Mon 11/7/22 Fri 12/16/22
3 Wks Mon 11/21/22 Fri 12/9/22
0 days Fri 12/9/22 Fri 12/9/22
3 mans Mon 12/12/22 Fri 3/3/23
Award Pacage 2
Consduclion Work on Main Building
3 AS Mon 12/19/22 Fri 11W23
14 MOPE Mon 1/9/23 81 2/2)24
cdly'iR5e6 lease Spore
lease aqa
0 days
Mon 1/23/29 moo I/23/2i
Aug
Sep
Oct '
Nov
Dec
Jan'
Feb
totu m
30 APPENDIX B

SUMMARY SHEET
Firm Name: C5T-v CO2F
Firm Parent or Ownership: S CO R'
Firm Address: 15 1 \I-GMTV RFC a/P -A
Q- NN i a-ws (' i L o r)
Firm Telephone Number:

Firm Fax Number: 1St% 8 929-0
Number of years in existence:

Management Contact (person responsible for direct contact with the City of Placentia and services required for this Request for Proposal):
s
Name: 1P N N`� � Title: 1PP' [
Telephone Number: T (D 351 D }) Ieti1 Fax: t% itfta
4-7
Email: d O��r1.'� -k"t�k-J� Cans v (�j - co /"1
Project Manager (Person responsible for day-to-day servicing of the account):
, n
Name: `17 PrN L Title: P 11 ( C S-14-• C+v )
Telephone Number: 3( D15t. 0 Fax: 46{N. �� 6 '(-
Email: dk G nfI DNS (\5• in
Types of services provided by the firm: PP-oT ! COI4 ST9-4C O P)

APPENDIX C

CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA

1. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), dated JANUARY 9, 2024, and to be bound by the terms and conditions of the RFP.

2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them.

3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.

4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, dated JANUARY 9, 2024.

5. This firm has carefully read and fully understands all of the items contained in the RFP. This firm agrees to all of the requirements except for those disclosed by the firm in project proposal, listed on an attachment.

6. The proposal shall be valid for 90 days from JANUARY 9, 2024.

Name of FirmTT
By:
(Authorized Signature)
Type Name: Tom' " 1 !vX"t�
Title: _
Date:

IJ2ti1Z14

ntegrated
e s i g n
construction
management
sustainability
totum
15130 Ventura Blvd.

Unit A
Sherman Oaks
CA 91403,
818 986 9870
p/f
Principals
Danny Kaye, CCM, PMP, FRICS,

LEED AP
310 351 0138 m
Giulio Zavolta, LEED AP
310 291 4074 m
www.totumconsulting.com
[email protected]
[email protected]

ON CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Cost Proposal
Totum Rates 2024
As a small firm, we are very hands on. Our project team shall be led by Danny Kaye, as day -do -day person. A small project can be managed differently than a large project, so we would need to assess each project's needs.

Totum bills on an hourly basis and only bill our actual time spent, not "fixed" hours per week.

We do not bill for "over time", travel time, mileage, phones, copies etc.

Reimbursables are billed as a direct cost.

Totum would discuss the individual project with your team and then propose / provide staffing and a NTE fee based on the rates below and on the staffing, we believed needed for it to be managed adequately, for your review, discussion and approvals. In this manner, there are adequate team members familiar with the project and adequate coverage.

Not all projects require a full time PM / CM. We successfully practice this approach with many clients including Cities of Placentia, Santa Monica, Huntington Beach etc.

Staff Position Effective Hourly Rate
Totum
Principal / Sr. CM / Sr.PM
Sr. CM / Sr. PM
CM/PM
Assistant PM
Project Engineer
Inspector / QA / QC
Office Clerical / Admin
Labor Compliance
Danny Kaye, CCM, PMP, FRICS, LEED AP
Principal

Page 1 of 1 ends

$205.00
$200.00
$155.00
$130.00
$110.00
$125.00 -
$ 80.00
$125.00 - $140.00
$150.00
totum

REQUEST FOR PROPOSALS (RFP)

ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

FOR THE

CITY OF PLACENTIA

RFP RESPONSES TO BE RECEIVED UNTIL
5:00 P.M., TUESDAY JANUARY 30, 2024
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
Date Issued: JANUARY 9, 2024

Page 1 of 35 ends

REQUEST FOR PROPOSALS (RFP)
FOR

ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

FOR THE

CITY OF PLACENTIA

TABLE OF CONTENTS
1 INTRODUCTION
3 2

PROPOSAL SCHEDULE
5 3

SCOPE OF WORK
5 4

ASSURANCE OF DESIGNATED PROJECT TEAM
10 5

PROPOSAL FORMAT REQUIREMENTS
11 6

REQUIRED PROPOSAL STATEMENTS
14 7

EXCEPTIONS
14 8

RESOURCE ALLOCATION AND COST PROPOSAL
14 9

SUBMITTAL INSTRUCTIONS
15 10

EVALUATION CRITERIA
17 Appendix "A" — SAMPLE CITY PROFESSIONAL SERVICES AGREEMENT Appendix "B" — SUMMARY SHEET
Appendix "C" — CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA

Page 2 of 35 ends

1. INTRODUCTION
The City of Placentia ("City") seeks competitive proposals from qualified firms to provide On -call Construction Management and Inspection Services. A Professional Services Agreement will be entered into with multiple qualified firms to provide construction management services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may later be asked to provide construction management and inspection proposals on a specific, project -by -project basis, based on an agreed -upon specific scope of services and fees.

The firm shall provide general Construction Management and Inspection services to support construction efforts and serve as an extension of City staff to assist in the overall delivery of projects, including preconstruction tasks, managing construction, and ensuring that the work is completed in accordance with the contract documents, and project closeout and commissioning phase. The consultant team will report directly to the City's Project Manager or their authorized representative. City staff may assist in managing construction and will oversee the work of the consultant's Project Manager, Inspector, and Contract Administrator.

Firms must provide construction management services and contract administration in conformance with the requirements set forth in the State's Construction Manual, State's Local Assistance Programs and Procedures Manual, OCFCD encroachment permit/requirements, and other Agencies regulatory permits/requirements. The construction manager is expected implement contract requirements and comply with all Federal and local guidelines, as required, in order to successfully execute the project in a timely and cost-efficient manner.

Technical questions about the requested services that might require a clarification of the Request for Proposals (RFP) shall be made only in writing to the Q&A section located in PlanetBids no fewer than seven (7) calendar days prior to the date and time set for opening of proposals and responses shall be provided in writing. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. This RFP includes a description of the scope of work, proposal requirements, and instructions for submitting your proposal.

Please do not contact City departments or other City staff directly. Information provided by other than the above contact may be invalid and proposals which are submitted in accordance with such information may be declared non -responsive.

Page 3 of 35 ends

Any changes, additions, or deletions in the RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids. Addenda shall become part of the agreement documents.

It is the proposer's sole responsibility to monitor PlanetBids for possible addenda to this RFP. Failure of proposer to retrieve addenda from this site shall not relieve the proposer of the requirements contained therein. Additionally, failure of proposer to return signed addenda, when required, may be cause for rejection of his/her proposal.

Proposals must conform to the requirements of this RFP to be considered for award and successfully submitted through the electronic bid management system at:
https://pbsystem.olanetbids.com/portal/54600/portal-home by the date and time specified on the cover page of this Request For Proposal. All proposals must be signed by an authorized representative and include the completed Summary Sheet and Certification of Proposal to the City of Placentia provided in Appendix "B" and "C" of this RFP.

The City reserves the right to waive any irregularity in any proposal or to reject any proposal that does not comply with this RFP. The City alone, using criteria determined by the City, will select the qualified firm and/or consultant. The successful consultant to whom the contract is awarded shall, within ten (10) days after being notified, enter a contract with the City for the work and shall furnish all required documents necessary to enter said contract. Failure of the successful consultant to execute the contract within said ten (10) days shall be just cause for the City to contract with the next ranked consultant.

By submitting a proposal, the proposer agrees to all of the terms of the RFP and the Agreement (Appendix A), unless exceptions to the RFP or the Agreement are stated by the proposer in its proposal. The successful proposers will be required to enter into an Agreement, which will include the requirements of this RFP as well as other contract requirements. In the delivery of these services, the term of the agreement shall be for three years with the option for two additional one-year term extensions.

The City reserves the right to reject any proposal(s) exceptions or changes to the Agreement or Request for Proposal.

Page 4 of 35 ends

2. PROPOSAL SCHEDULE
The schedule is as follows:
• Advertisement Date — JANUARY 9, 2024
• Q&A Due on PlanetBids — January 23, 2024 by 5:00 p.m. • Proposals Due on PlanetBids — JANUARY 30, 2024 by 5:00 p.m. • Hard copy proposal Due at City Hall — February 1, 2024 by 5:00 p.m. • Proposal Evaluations/Interviews, if necessary — February 2024 • City Council Contract Award and Selection* - March 2024 *The City expects, but does not guarantee, that the decision on selection of a firm will be made by the City Council on the date indicated above.

3. SCOPE OF WORK
The City desires to engage construction management firms that will ensure that not only are City capital projects built per plan and specifications but that will also ensure a high degree of quality craftmanship in the final product. The City's expectation is that selected CM/inspection teams will enforce a high attention to detail on project deliverables to ensure a high -quality finished product.

The majority of capital improvement and construction projects within the city include, but are not limited to, the following:
• Street rehabilitation
• Sewer improvements
• Signing and striping improvements
• Storm Drain improvements
• Bridge construction
• New building construction
• Irrigation and landscaping
• Site Improvements; concrete sidewalk, etc.
• Streets and park lighting
• Parks and Recreation facility improvements
• Mechanical systems
• Electrical systems
• Traffic Signal Improvements
The required services shall be performed by the consultant Project Manager, Inspector and Contract Administrator.

Page 5 of 35 ends

A. Project Manager/Resident Engineer
• The consultant Project Manager shall represent the City in the field. The Project Manager shall possess a minimum of (5) years' experience in construction management.
• The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications or references that affirm the said experience.

B. Bid Analysis
• Prior to the start of the project, the Project Manager shall be responsible for conducting a bid analysis to determine the lowest responsible bidder.

C. Staff Report
• Preparation of staff reports for contract award to the lowest responsive and responsible bidder. Coordinate with the City to determine funding sources, publication dates, environmental and fiscal impact, and schedule of award to meet the City's deadlines.

D. General Construction Administration
• Coordinate with the City to define roles and responsibilities during construction and develop a construction management plan. • Co -lead the pre -construction meeting and schedule and conduct regular construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute meeting minutes.
• Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements.
• Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction.

Maintain as -built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as -built records.

Page 6 of 35 ends

• Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications and assist in achieving the resolution of problems which may arise.
• Coordinate with the City and contractor to incorporate a centralized platform where all documents are filed and distributed amongst the project team.
• Consultant shall be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project.

E. Submittal/RFI Review & Processing
• The Project Manager shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples and other submittals ("Submittals").
• The consultant team shall transmit the Submittals to City staff for review and approval and shall establish and implement procedures for expediting the processing, approving, and distribution of Submittals. • Project Manager shall develop, maintain, and manage all submittal/RFI logs.
• Determine the workflow on for all Submittal/RFI review including City staff, design engineers, contractor personnel, and the construction management team.

F. Constructability Review
• Consultant shall review project plans and specifications to determine its "constructability". Consultant shall also review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time. The project schedule shall be updated as required showing current conditions and revisions required by actual progress.
• The individuals, Project Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Project Manager and clarified prior to construction start.

G. Change Order Review

Page 7 of 35 ends

• Consultant shall conduct a comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution.
• Consultant shall monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component.

H. Safety
Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations.

I. Progress Payments
• Consultant shall maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.
• May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. • Make recommendations for certification to the City for payment. • Provide status of monthly certified payroll reports and monthly as-builts updates as backup for each payment submitted to the city for review.

J. Material Testing
• Consultant team to provide field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction ("Green Book") and Caltrans Standard Specifications.
• Provide inspections for installation of precast and cast in -place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the California Building Code (CBC) and the contract documents.
• Available tests may include the following:
• Mix Designs
• Concrete
• Concrete Blocks

Page 8 of 35 ends

• Brick Masonry
• Masonry Prisms
• Mortar and Grout
• Fireproofing
• Soils and Aggregates
• Asphalt Concrete
• Reinforcing Steel
• Environmental
K. Inspections
• Consultant shall determine that the work of contractor is being performed in accordance with the contract documents.
• Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents.
• Subject to review by the City, reject work which does not conform to the requirements of contract documents.
• Facilitate and coordinate inspection by representatives of other agencies, as needed.
• Evaluate the completion of the work of the contractor and make recommendations to the City when work is ready for final inspection. • Assist the City in conducting final punchlist inspections. • Schedule and coordinate special inspection and material testing. • Inspector(s) shall oversee and inspect all aspects of construction to ensure compliance with the Plans, Specifications, and Special provisions.

L. Claims
• Claims submitted by the contractor must adhere to Public Contract Code Section 10240 and 20104.
• Consultant Project Manager shall coordinate with City consultant on claim matters.
• Review all claims and provide an evaluation to the City. Documentation must be provided and reviewed to support any claim.
• Coordinate the resolution of each claim with suggested design changes that may have been caused by unforeseen field conditions.

M. Prevailing Wage / Labor Compliance
• Consultant shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis.

Page 9 of 35 ends

• Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments.
• Perform employee interviews to verify and enforce prevailing wage requirements on a regular basis.

N. Project Closeout
• The Project Manager shall be responsible for all project closeout items, such as: As -Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfections to determine if it is a warranty issue.
• Shall provide a close out report outlining any obstacles, violations, and services performed. Shall provide a close out report for but not limited to any violations, fringe benefit statements, missing payroll reports, unsatisfactory employee interviews, claims, and any other documentation related to prevailing wage and labor compliance.

O. Community Outreach
• Consultant shall attend and co -lead a pre -construction meeting with the community. The primary purpose of this meeting is to introduce the CM team to the community and discuss major anticipated construction impacts.
• Project Manager shall coordinate with the City's Communication Manager and communicate with the community regarding impacts related to the construction project.

P. Federal Requirements
• Preparation of Caltrans documentation including but not limited to Award package, interim reports, and final report (close out) to be reviewed by the City.
• Coordinate with the City to ensure Disadvantaged Business Enterprises (DBE) goal is met by contractors and document any changes throughout the length of the project.
• Compliance with any and all state and federal funding requirements for construction and enforce any regulations set forth by these funds.

All tasks listed above shall be required on an as -needed basis. The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The

Page 10 of 35 ends

consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project.

4. ASSURANCE OF DESIGNATED PROJECT TEAM
Proposer shall ensure that the designated project team, including sub -consultants as identified in the firm's proposal, is used for this project. Departure or reassignment of, or substitution for, any member of the designated project team or sub-consultant(s) shall not be made without the prior written approval of the City.

5. PROPOSAL FORMAT REQUIREMENTS
Each response to this RFP shall include the information described in this section.

Provide the information in the specified order. Failure to include all the elements specified may be cause for rejection. Additional information may be provided but should be brief and relevant to the goals of this RFP. Excessive information will not be considered favorably.

Three physical copies of the final proposal shall be submitted to the City no later than two working days after the proposal deadline. The consultant project cost proposal shall be submitted in a separate sealed envelope marked "Cost Proposal." Proposer's who do not include physical copies within the specified timeframe will be considered unresponsive and disqualified.

All proposals must be signed by an authorized representative and include the completed Summary Sheet and Certification of Proposal to the City of Placentia provided in Appendix "B" and "C" of this RFP.

Proposals shall be limited to a maximum of 30 pages. Proposals over 30 pages will be rejected. Paper size shall be 8.5"x11" and occasional 11"x17" sheets are acceptable for exhibits and graphics. The cover letter, table of contents, front and back covers, summary sheet, certification of proposal and section dividers are excluded from the page count. The proposal should include the following sections in order:

A. Cover Letter
Shall contain the following information:
• Title of this RFP
• Name and mailing address of the prime consultant (include physical location if mailing address is a PO Box)

Page 11 of 35 ends

• Contact Person, Email address, telephone number, and fax number The City will use email to notify your firm of critical developments such as interview schedules if any, notification of selection/non-selection, etc. Therefore, it is essential that you identify one or more contact persons who have frequent access to email.

The City will not be responsible for delivery failure of email due to firewalls, spam filters, or individuals' failure to retrieve email messages. The City will not attempt to re -deliver any messages which fail due to no fault of the City.

The Cover Letter must be signed by an officer empowered by the Consultant to sign such material and thereby commit the Consultant to the obligations contained in the RFP response. Further, the signing and submission of a response shall indicate the intention of the proposer to adhere to the provisions described in this RFP and a commitment to enter into a binding contract.

1. Proposals submitted on behalf of a Partnership shall be signed in the firm name by a partner or the Attorney -In -Fact. If signed by the Attorney -In -Fact, there shall be attached to the proposal a Power -Of- Attorney evidencing authority to sign proposals, dated the same date as the proposal and executed by all partners of the firm.

2. Proposals which are submitted on behalf of a Corporation shall have the correct corporate name thereon and the actual signature of the authorized officer of the corporation written (not typed) below the corporate name. The title of the office held by the person signing for the corporation shall appear below the signature of the officer.

3. Proposals which are submitted by an Individual doing business under a firm name ("dba") shall be signed in the name of the individual doing business under the proper firm's name and style.

B. Executive Summary
Describe your firm's and sub -consultant's (if any) general experience and qualifications as it pertains to projects of similar scope and size. Identify the services which would be completed by your firm's staff and those that would be provided by sub- consultants. Identify any sub -consultants you propose to utilize to supplement your firm's staff.

C. Project Team Organization

Page 12 of 35 ends

Clearly identify the prime consultant, all subconsultants, and their respective roles.

Show the Project Manager and the key staff proposed for this project, including subconsultants' staff. It is expected that the project team proposed under this proposal will remain unchanged throughout the duration of the project. Replacement of key staff without consultation with the City will not be permitted.

Include contact information and a brief summary of the Prime firm's history and experience providing the requested services on similarly sized and scoped projects.

Include a summary of the firm's experience, if any, with the City of Placentia. Provide a brief resume for each key staff member including their education background, licensing (if applicable), availability, and project experience.

D. Relevant Project Experience and References
List and provide a narrative summary of related project experiences Include a minimum of three (3) similar type/size projects that your team has completed.

Provide a project description, services provided, and construction costs. Discuss whether the design and construction were completed on time and within budget.

Provide a minimum of three (3) references (name, title, agency, and telephone number) from previous experience. Provide no more than one contact person per project as a reference, including agency/company and phone number. Preference is given to project references that have directly worked with staff proposed for this project.

E. Understanding & Approach
Provide a detailed discussion of your firm's approach to the successful implementation of this agreement. Describe your firm/team's understanding duties assigned and identify the approach for key services and/or issues anticipated.

Describe the Project Manager's and firm/team support and approach to ensure the effort is completed on schedule and within the established budget.

F. Scope of Work
Provide a scope of work complementing the City's proposed scope of work describing all tasks required to complete the work and any additional aspects to the work scope the City should and could consider. The scope of work shall provide enough detail to distinguish the varied work effort required, in keeping with the City's desired tasks to be completed.

G. Schedule
Provide a typical schedule or sequence of events to accomplish all the required tasks; include review/approval times for the City and other project stakeholders.

Page 13 of 35 ends

H. Proposed Exceptions
Describe all proposed exceptions, alterations or amendments to the Scope of Services or other requirements of this RFP, including the Sample Contract (Appendix " A"). This section shall be clearly marked "Proposed Exceptions" in your submittal. If no exceptions are taken this shall be clearly stated in this section. The nature and scope of your proposed exceptions may affect the evaluation of your submittal and the City's determination of whether it is possible to successfully negotiate a contract with your firm/individual.

It is necessary to submit these elements with your RFP response. Failure to submit the required information with your response will render your proposal non- responsive.

6. REQUIRED PROPOSAL STATEMENTS
This statements identified below must be included in your RFP response:

A. A statement that the submitting firm will perform the services and adhere to the requirements described in this RFP, including any addenda (reference the addenda by date and/or number).

B. Subsequent to award of this RFP, all or part of any submittal may be released to any person or firm who may request it, as prescribed by the State of California Public Records Act.

C. Proposers shall include a statement that describes the specific portion(s) of their submittal that are considered proprietary and should not be releasable as public information. Proposers should be aware that all such requests may be subject to legal review and challenge.

D. Include a statement of assurance that you will not substitute members of your designated team without approval by the City of Placentia staff which declares there is no Conflict of Interest.

E. Include a statement which declares there is no Conflict of Interests.

F. Provide a statement attesting there has been no Collusion with other proposing firms.

G. Indicate your ability and agreement to fulfill the indemnification and insurance requirements contained in the sample contract. (Please note that actual Certificates of Insurance are not required as part of your submittal.)

7. EXCEPTIONS

Page 14 of 35 ends

8. RESOURCE ALLOCATION AND COST PROPOSAL
Selection of the consultant will be made in accordance with the provisions of Chapter 10 of the California Government Code, Sections 4526 and 4529.5, stating that selection of professional services is based on competence and qualifications without regard to fee. The fee will be opened and evaluated to ensure the fee is reasonable for the services to be delivered after selection of the consultant based on qualifications is complete. Provide in a separate sealed envelope the proposed billing rates for all expected personnel to deliver services as described in the scope of work.

All cost proposals shall be signed and dated per Section 5.0 above and shall be submitted in a separate sealed envelope.

9. SUBMITTAL INSTRUCTIONS
A. Time, Place and Format
Proposal submission due date: JANUARY 30, 2024 at 5:00 P.M: No proposals will be considered for award unless properly and successfully submitted through the electronic bid management system at:
https://pbsystem.planetbids.com/portal/54600/portal-home by the date and time specified on the cover page of this Request For Proposal. All proposals must be signed by an authorized representative.

All required sections, including pricing, shall be submitted via the website. Bidder is solely responsible for "on time" submission of their electronic proposal. The bid management system will not accept late bids and no exceptions shall be made. Bidders will receive an e -bid confirmation number with a time stamp from PlanetBids, the bid management system indicating their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.

DO NOT FAX OR E-MAIL.

NOTE: E-Bids/Proposals are sealed and cannot be viewed by the City or any other person or entity until the closing date and time. If you need to withdraw your bid, you may do so at any time before the bid deadline, by going back into the system and selecting "withdraw".

Three physical copies of the final proposal shall be submitted to the City no later than two working days after the proposal deadline. The

Page 15 of 35 ends

consultant project cost proposal shall be submitted in a separate sealed envelope marked "Cost Proposal." Proposer's who do not include physical copies within the specified timeframe will be considered unresponsive and disqualified.

Proposals must:
• Show page numbers for all pages in the proposal.
• Be on 8-1/2"x11" page size
• states "On -Call Construction Management and
Inspection Services"
• identifies the proposer
• Must be addressed as follows:

City of Placentia
Attn: Chris Tanio, PE, Deputy Director/City Engineer
401 E. Chapman Avenue
Placentia, CA 92870
• Proposals must address the requirements of the RFP as set forth in Section 5. They should be as concise as possible and must not contain any promotional, advertising or display material.

B. Cost proposal Submittal
A detailed hourly rate schedule shall be required for this RFP. If subcontracting, the rate structure for those services shall be included.

On -call contracts resulting from this RFP will be awarded to firms whose Technical Proposal meets the technical requirements of the RFP.

Proposals will be ranked in accordance with the evaluation criteria stated in this RFP. Should the consultants selected for each task or project be not able to reach an agreement on the fees for design services, the City reserves the right to enter negotiations with any of the qualified consultant on the on -call list.

C. Opening of Responses
All proposals are scheduled to be opened and considered within two weeks after the deadline date shown in Section 2 using evaluation procedures set forth in Section 10. Consultant selection may be delayed or postponed at the discretion of the City.

Page 16 of 35 ends

10. EVALUATION CRITERIA
A. Selection Committee
a. Proposals submitted will be evaluated by a Selection Committee B. Review of Proposals
a. The Selection Committee will use a point formula during the review process to individually score Project Proposals, as outlined in Section C below, "Project Proposal Evaluation Criteria." The Selection Committee will then be convened to review and discuss these evaluations and combine the individual scores to arrive at an average composite Project Proposal score for each firm. Firms that do not meet "Mandatory Elements" listed in Section C1 below will be eliminated from further consideration.
b. After the composite Project Proposal score for each firm has been established based upon the "Qualitative Evaluation" criteria listed in Section C, the Selection Committee may request oral presentations from a subset of those firms with a minimum score of 70 points. Based upon score rankings, the three (3) highest ranking firms may be interviewed.

The Selection Committee may also schedule a site visit, if applicable. c. The Cost Proposal of firms receiving a minimum score of 70 points on the qualitative review will be opened to ensure that the Cost Proposal is reasonable. The cost proposal for these services should consist of hourly rate for all classifications assigned to this project.

C. Project Proposal Evaluation Criteria
Proposals will be evaluated using three (3) sets of criteria. Firms meeting the mandatory elements will have their proposals evaluated and scored. The following represent the principal selection criteria which will be considered during the evaluation process.
a. Mandatory Elements
i. The firm is independent and properly licensed to practice in California.
ii. The firm has no conflict of interest with regard to any other work performed by the firm for the City.
iii. The firm adheres to the instructions in this RFQ on preparing and submitting the proposal.
iv. The firm included a Letter of Transmittal in the Project Proposal. b. Qualitative Evaluation (Maximum Points = 100)
In order to be considered the proposer must achieve at least 70 points. (Points will be assigned by the Department Director or Coordinator.) i. Expertise and Experience (60 points)

Page 17 of 35 ends

1. The quality of the firm's and individual personnel's experience in providing professional design and
engineering services for City Capital Improvement Projects as described in the Scope of Services. The quality of the personnel's demonstrated expertise in producing detailed plans and related engineering services.

2. The quality of professional personnel's education,
certifications, licenses, and years of experience designing plans and providing construction support. Demonstrated
commitment to high quality customer service and public
relations.

3. Public agency references relative to personnel assigned to this contract; Long-term working relationships, multiple projects delivered for same agencies.

4. Firm's statement on why it believes itself to be best qualified.
ii. Scope of Work (20 points)

1. Contract scope of work outlined in Section 3 of the RFP is addressed, and the proposal demonstrates that the
proposer thoroughly understands the City's needs and
expectations, and how those will be met.

2. Inclusion of additional work scope/deliverables that complements and enhances the City's scope of work which will ultimately deliver better services and construction projects.
iii. Allocation of Resources (20 points)

1. Conceptual plan that outlines how the firm's resources will be leveraged to deliver Construction Management and
Inspection Services that ultimately result in better projects.

2. Identify any distinguishing features, resources, skills and/or services your firm can allocate to this contract to deliver the City's capital improvement projects.

Page 18 of 35 ends

LEGAL REQUIREMENTS
The contract awarded shall be governed in all respect by the laws of the State of California, and any litigation with respect thereto shall be brought in the courts of the State of California.

The firm awarded the contract shall comply with applicable Federal, state and local laws and regulations and comply with the following terms:
• The City has the right to reject any and all proposals . • All documents submitted in response to the RFP are public documents subject to disclosure as permitted by the California Public Records Act. • The City is not liable for any costs incurred in responding to the RFP. • From the issue date of this RFP until a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City staff except through the person named herein for questions. For violation of this provision, the City shall reserve the right to reject the proposal of the offending firm. • The selected firm will be required to enter into a Professional Services Agreement with the City of Placentia which includes the City's Standard Terms and Conditions including insurance requirements.
• Proposals submitted early may be withdrawn by the firm prior to the Proposal due date specified above. Following the Proposal due date, the Proposal constitutes a binding offer and may not be withdrawn by the firm prior to the award. • The City of Placentia reserves the right to: (a) waive minor irregularities or variances, non -material bid informalities or defects in any proposal; (b) reject any and all proposals, in whole or in part, submitted in response to this solicitation; (c) request clarifications from all firms; (d) request resubmissions from all firms; (e) make partial, progressive or multiple awards; and (f) take any other action as permitted by law and /or the City's Procurement Ordinance.

APPENDIX "A" - PROFESSIONAL SERVICES AGREEMENT (SAMPLE)

CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH
THIS AGREEMENT is made and entered into this _ day of , 20_ ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and , a [state] [type of corporation] ("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to landscape architecture and accessibility design services, as more fully described herein; and
B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; including credentials as a Certified Access Specialist under Subchapter 2.5 of Title 21 of the California Code of Regulations; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement; and E. WHEREAS, among other reasons, the City is hiring Consultant to perform accessibility design services at a public park within the City to comply with all applicable accessibility requirements.

Accordingly, Consultant desires to perform these services and to bear all risk the City may bear resulting from accessibility designs that are not complaint.

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

1.0. SERVICES PROVIDED BY CONSULTANT

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices, and with credentials as a Certified Access Specialist under Subchapter 2.5 of Title 21 of the California Code of Regulations. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its

service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. Consultant also warrants that it has ownership of all intellectual property being provided under this Agreement.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

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

insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Dollars ($ .00).

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A".

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of months, ending on , 20_, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished

design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.

Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:

shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below.
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased.

5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held

responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

IF TO CONSULTANT: IF TO CITY:

City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: Tel:

Fax: Fax:

Attn: Attn:

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of

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

Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

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

6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness, or willful misconduct by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or -whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.

on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be

required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

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

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

6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of

which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

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

CITY OF PLACENTIA,
A municipal corporation
Date:

City Administrator
ATTEST:

City Clerk and ex -officio Clerk
of the City of Placentia

CONSULTANT
Date:

Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:

Date:

City Attorney
APPROVED AS TO INSURANCE:

Date:

Risk Management
APPROVED AS TO CONTENT:

Date:

Project Manager

DEPARTMENTAL APPROVAL
Date:

Name, Title

EXHIBIT A

CONSULTANT'S PROPOSAL AND SCOPE OF WORK

EXHIBIT B

CERTIFICATES OF INSURANCE AND ENDORSEMENTS

APPENDIX B

SUMMARY SHEET
Firm Name:

Firm Parent or Ownership:

Firm Address:

Firm Telephone Number:

Firm Fax Number:

Number of years in existence:

Management Contact (person responsible for direct contact with the City of Placentia and services required for this Request for Proposal):

Name: Title:

Telephone Number: Fax:

Email:

Project Manager (Person responsible for day-to-day servicing of the account):

Name: Title:

Telephone Number: Fax:

Email:

Types of services provided by the firm:

APPENDIX C

CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA

3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.

4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, dated JANUARY 9, 2024.

6. The proposal shall be valid for 90 days from JANUARY 9, 2024.

Name of Firm:

By:
(Authorized Signature)
Type Name:

Title:

Date:

EXHIBIT B

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
Totum Corp.

® CERTIFICATE OF LIABILITY INSURANCE
A� o

DATE (MM/DDIYYYY)
2/21/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
License#: 6003745

CONTACT
NAME: Marie Swaney

PHONE FAX
(A/C, No, Ext): 626-696-1890 (A/C, No):

ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : Travelers Property Casualty Company of America 25674
INSURED TOTUCOR-01
Totum Corporation
310 351-0138
310 3
15130 Ventura Blvd., Unit Suite A
Sherman Oaks CA 91403
INSURER B : Aspen American Insurance Company
43460
INSURER C : The Travelers Indemnity Company of Connecticut 25682
INSURER D :

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: 446657808
REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR

TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS
C
X

COMMERCIAL GENERAL LIABILITY
X

CLAIMS -MADE
Contractual Liab
X
OCCUR
Included
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
OTHER:

PRO- X LOC
JECT
Y
Y
6801J745121
6/5/2023
6/5/2024

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 2,000,000
MED EXP (Any one person)
$1,000,000
$10,000

PERSONAL &ADV INJURY
$ 2,000,000

GENERAL AGGREGATE
$ 4,000,000

PRODUCTS - COMP/OP AGG
$ 4,000,000
C

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
Xy HIRED

AUTOS ONLY
X

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
Y
Y
BA8R387030
6/5/2023
6/5/2024

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
$1,000,000
BODILY INJURY (Per accident)

PROPERTY DAMAGE
(Per accident)

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS -MADE
DED
RETENTION $

EACH OCCURRENCE

AGGREGATE

A WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
N /A
Y
UB3J306445
6/5/2023
6/5/2024
X
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE - EA EMPLOYEE
$1,000,000
E.L. DISEASE - POLICY LIMIT
$1,000,000
B Professional Liability
AAAE 10078804
6/5/2023
6/5/2024
Per Claim
Aggregate Limit
$2,000,000
$2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies.

Re: On -Call Construction Management and Inspection Services.

City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s).

CERTIFICATE HOLDER
CANCELLATION 30 Day Notice will be sent to holder
City of Placentia
401 E. Chapman Ave.

Placentia CA 92870

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

The ACORD name and logo are registered marks of ACORD

Policy # 6801J745121

COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.

Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurers
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non -Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and non-
contributory basis, this insurance is primary to
other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.

5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.

6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.

The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
>7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.

9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V — DEFINITIONS

1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, products or services
for the purposes of attracting customers or
supporters is considered an advertisement.

Page 16 ends

Policy # 6801J745121

COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational
therapy assistant, physical therapist or
speech -language pathologist; or
(b) First aid or "Good Samaritan services"
by any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.

3. The following replaces the last sentence of
Paragraph 5. of SECTION III - LIMITS OF
INSURANCE:

For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed
to be one "occurrence".

4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I -

COVERAGES - COVERAGE A - BODILY

INJURY AND PROPERTY DAMAGE
LIABILITY:

Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of the insured.

5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-
ray or nursing service or treatment,
advice or instruction, or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.

6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,
that is available to any of your "employees"
for "bodily injury" that arises out of providing
or failing to provide "incidental medical
services" to any person to the extent not
subject to Paragraph 2.a.(1) of Section II —
Who Is An Insured.

K. MEDICAL PAYMENTS - INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION III - LIMITS OF INSURANCE:

7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses
because of "bodily injury" sustained by any
one person, and will be the higher of:
a. $10,000; or
b. The amount shown in the Declarations of
this Coverage Part for Medical Expense
Limit.

L. AMENDMENT OF EXCESS INSURANCE

CONDITION - PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that is Professional
Liability or similar coverage, to the extent the
loss is not subject to the professional services
exclusion of Coverage A or Coverage B.

M. BLANKET WAIVER OF SUBROGATION —

WHEN REQUIRED BY WRITTEN CONTRACT

OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:

If the insured has agreed in a written contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the signing of that contract or
agreement.

POLICY NUMBER : 680 - 1J745121

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Names of Additional Insured Person(s) or Organization(s):

Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed.

Location of Covered Operations:

Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:

CG D3 61 03 05
This insurance does not apply to "bodily injury" or
"property damage" occurring, or "personal injury"
or "advertising injury" arising out of an offense
committed, after:

1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, mainte-
nance or repairs) to be performed by or on
behalf of the additional insured(s) at the loca-
tion of the covered operations has been com-
pleted; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization
other than another contractor or subcontrac-
tor engaged in performing operations for a
principal as a part of the same project.

CG T8 01 06 231ncludes copyrighted material of Insurance Services Office, Inc. with its permission.

DATE OF ISSUE: 04/21/2023 Page 1 of 1

POLICY NUMBER : 680 - 1J745121 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products -completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs.

Location And Description Of Completed Operations
Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or or-
ganization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the CG 20 37 07 04
location designated and described in the schedule of
this endorsement performed for that additional in-
sured and included in the "products -completed opera-
tions hazard".

Page 1 of 1 ends

TRAVELERS)

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A) -
POLICY NUMBER: UB3J306445

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

The additional premium for this endorsement shall be % of the California workers' compensation pre- mium.

Schedule
Person or Organization Job Description
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
"6.11)
Insurance Company Countersigned by
Travelers Property Casualty Company of America
DATE OF ISSUE: 2/21/2024 Page 1 of 1

Policy # BA8R387030

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transfer of
Rights Of Recovery Against Others To Us, of the
CONDITIONS Section:

5. Transfer Of Rights Of Recovery Against Oth-
ers To Us
We waive any right of recovery we may have
against any person or organization to the extent
required of you by a written contract executed
prior to any "accident" or "loss", provided that the
"accident" or "loss" arises out of the operations
contemplated by such contract. The waiver ap-
plies only to the person or organization desig-
nated in such contract.

Policy: BA8R387030

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following is added to Paragraph c. in A.1., Who
Is An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE in the BUSINESS AUTO
COVERAGE FORM and Paragraph e. in A.1., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE in the MOTOR CARRIER
COVERAGE FORM, whichever Coverage Form is
part of your policy:

This includes any person or organization who you are
required under a written contract or agreement
between you and that person or organization, that is
signed by you before the "bodily injury" or "property
damage" occurs and that is in effect during the policy
period, to name as an additional insured for Covered
Autos Liability Coverage, but only for damages to
which this insurance applies and only to the extent of
that person's or organization's liability for the conduct of another "insured".

CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH
Z&K Consultants, INC.

THIS AGREEMENT is made and entered into this 2A'tl day of April, 2024 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Z&K Consultants, Inc. ("Consultant").

WITNESSETH:

1.0. SERVICES PROVIDED BY CONSULTANT

Z&K Consultants, Inc.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City.

Z&K Consultants, Inc.

2.0. COMPENSATION AND BILLING

The City Engineer is authorized to approve a Change Order for such additional services.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement.

Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A".

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 3 years, ending on April 02 2027 unless previously terminated as provided herein or as otherwise agreed to in writing by the'pa°?ties. One (1) two-year extension is available based on Consultant performance and at the discretion of the City. Approval of the term extension is contingent upon City Council review and approval at the conclusion of the initial three -years.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, Z&K Consultants, Inc.

suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant.

5.0. INSURANCE

coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.

Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:

Z&K Consultants, Inc.

6.0. GENERAL PROVISIONS

Z&K Consultants, Inc.

IF TO CONSULTANT:

Z&K Consultants, Inc.
17130 Van Buren Blvd., Suite 122
Riverside, CA 92504
Tel: (951) 310-7470
Fax: (949) 310-7470
Attn: Crystal Fraire
IF TO CITY:

City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8117
Attn: Chris Tanio

Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

Z&K Consultants, Inc.

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

those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.

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

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

Z&K Consultants, Inc.

CITY OF PLACENTIA,
A municipal corporation
Date:

Damien R. Arrula, City Administrator
ATTEST:

City Clerk and ex -officio Clerk
of the City of Placentia

CONSULTANT
Date:

Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:

Date:

Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:

Date:

Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:

Date:

Chris Tanio, Deputy Director/City Engineer
Z&K Consultants, Inc.

DEPARTMENTAL APPROVAL
Date:

Luis Estevez, Deputy City Administrator
Z&K Consultants, Inc.

EXHIBIT A

CONSULTANT'S PROPOSAL AND SCOPE OF WORK
Z&K Consultants, Inc.

REQUEST FOR PROPOSALS

ON -CALL CONSTRUCTION MANAGEMENT

AND INSPECTION SERVICES
Z&K

CONSULTANTS

BUILDING SOLUTIONS
JANUARY 30, 2024

Table of Contents
A. Cover Letter Not Included in Page Count
B. Signature Requirements Included in Cover Letter
C. Executive Summary 1
D. Project Team Organization 2
E. Relevant Project Experience & References 17
F. Understanding & Approach 23
G. Scope of Work 26
H. Schedule 28
Appendix A
Cost Proposal Separate Submission
Z&K

CONSULTANTS

BUILDING SOLUTIONS

A. COVER LETTER
January 30, 2024
Chris Tanio, PE, Deputy Director/City Engineer
401 East Chapman Avenue, Placentia, CA 92870
Subject: On -Call Construction Management and Inspection Services for the City of Placentia Dear Mr. Tanio,
Z&K Consultants Inc. (Z&K) proudly presents our proposal to the City of Placentia for On -Call Construction Management and Inspection Services. Z&K is a certified Disadvantaged Business Enterprise (DBE), Women's Business Enterprise (WBE), and Small Business Enterprise (SBE) in Southern California. Z&K specializes in the provision of Project Management, Program Management, Construction Management, Construction Inspection, Construction Administration, Pre -Construction Inspection, Staff Augmentation, and other Engineering Consulting Services. The Z&K Team has held numerous similar contracts for local agencies.

Z&K is proposing the same experienced team members that successfully managed streets rehabilitation, sewer improvements, signing and striping improvements, storm drain improvements, bridge construction, new building construction, irrigation and landscaping, site improvements, concrete sidewalk, streets and park lighting, parks and recreation facility improvements, mechanical systems, electrical systems, and traffic signal improvements.

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 community outreach in keeping councilmembers with accurate project schedules and detailed outreach efforts.

Our team members' versatile experience in Construction Management and Inspection Services of major projects and staff augmentation for the local jurisdictions makes the Z&K team uniquely qualified to provide the requested services. We have a track record of performing outstanding services on similar projects through saving significant time and cost from identification of the various critical elements controlling the project schedule to providing alternate practical solutions. Z&K is proud of our reputation for having seasoned personnel and of the industry's recognition of our ability to deliver complex capital improvement projects ahead -of -schedule, under budget, without claims, and with outstanding customer service for the local community.

The Z&K Team is prepared to quickly provide exceptionally qualified personnel. Z&K h Team" and committed our most qualified staff for the duration of the contract to deliver successful projects. The personnel identified bring specific and extensive field experience and have the qualifications required in the RFQ. Our team can assist the City with all aspects of the requested services. Z&K commits to providing our best Project Management, Construction Management, and Inspection services for timely project completion.

The Z&K Team offers many unique strengths and advantages for this contract, including:
held over 50 On -Call
(Project Management,
nspec ion
Construction
Management) contracts
in the last 5 years.

Z&K works extensively with numerous local cities
and agencies providing similar services to this
RFP. Many of these contracts have multiple
extensions.

Z&K is a Disadvantaged Business Enterprise
(DBE), Women's Business Enterprise (WBE),
and Small Business Enterprise (SBE).

Our team has experience successfully
delivering projects within Orange County and
are local to the City of Placentia.

Z&K has a great depth of resources with over
40 Project Mangers, Construction Managers,
and Inspectors on -staff. Our team has an
unmatched depth or resources and expertise
on similar projects.

Key Personnel possess all necessary licenses
and registrations required for this project.

Z&K Team provides better inspector quality
because our inspectors are multi -disciplined
and have construction and engineering
backgrounds.
» Z&K Team has already prepared a Risk Matrix
outlining critical elements to be top priority for
typical similar projects to the CIP projects that
are in design and progress at the City of
Placentia.

Our team has reviewed the City of Placentia's
CIP projects and have extensive similar
experience. We have current and in-depth
knowledge of the project types and has
delivered over 500 CIP projects similar to the
upcoming CIP's that the City of Placentia
anticipates streets rehabilitation, sewer
improvements, signing and striping
improvements, storm drain improvements,
bridge construction, new building
construction, irrigation and landscaping, site
improvements, concrete sidewalk, streets
and park lighting, parks and recreation
facility improvements, mechanical systems,
electrical systems, and traffic signal
improvements.

Z&K commits to providing our best construction management and inspection services and all related services for timely project completion. We will dedicate the necessary resources to complete each assignment on time and within budget. The Z&K Team has carefully examined the projects' requirements to identify key personnel best suited to deliver excellent construction management and inspection services for this project.

Z&K

CONSULTANTS

BUILDING SOLUTIONS
Our proposed Senior Project Manager/Resident Engineer, Zack Faqih, PE, ICC Certified, MSCE, CBO, QSD/P and our Project Manager/Contract Administrator, Brittany Duhn, PE, QSD/P are thoroughly familiar with the City's upcoming CIP projects. Zack will personally lead the Z&K Team. He has a strong team of high -quality individuals to perform the tasks outlined in this RFP. Our team members have specialized experience in these services for public agencies and have 100% commitment to the City's Projects. Our proposed key personnel are familiar with the City of Placentia's upcoming CIP projects and know the community well.

Our Team is composed of experts in streets rehabilitation, sewer improvements, signing and striping improvements, storm drain improvements, bridge construction, new building construction, irrigation and landscaping, site improvements, concrete sidewalk, streets and park lighting, parks and recreation facility improvements, mechanical systems, electrical systems, and traffic signal improvements.

Our key personnel will be assigned to the project for the entire duration and will not be removed or replaced without concurrence from the City. We maintain close attention to our clients by tracking our contract budgets and schedules. Our team is available, committed, and eager to begin work on this project. We welcome this opportunity and look forward to working with the City to successfully deliver this important project.

Our team currently holds over 50 On -Call Contracts with local cities and agencies, including, but not limited to, the following:

City of Lake Forest
City of Irvine
City of Newport Beach
City of El Segundo
City of Chino
City of Rancho Pales
Verdes
City of Manhattan
Beach
City of Irwindale
City of San Bernardino
City of San Marino
Long Beach Utilities
WMWD
LA County Public Works
City of Lancaster
City of Oceanside
City of Norco
City of Pomona
City of Corona
City of Beaumont
City of Temecula
City of Moreno Valley
County of Los Angeles
City of Eastvale
City of Lancaster
County of Riverside
City of Laguna Beach
City of Santa Monica
City of Costa Mesa
City of Compton
City of Torrance
City of San Marino
City of Alhambra
City of Norwalk
City of Rosemead
City of Costa Mesa
City of Carson
City of South Gate
Riverside Public Utilities
San Bernardino
Municipal Water
Z&K will perform the services and adhere to the requirements described in this RFP, including any addenda. We understand that subsequent to award of this RFP, all or part of any submittal may be released to any person or firm who may request it, as prescribed by the State of California Public Records Act. We do not have any specific portions of the proposal that are considered proprietary. Z&K will not substitute members of our designated team without approval by the City of Placentia staff. Z&K declares there is no Conflict of Interests. There has been no Collusion with other proposing firms. Z&K is able to and agrees to fulfill the indemnification and insurance requirements.

I will serve as the primary contact person for all communications pertaining to the proposal for the full duration of the contract.

I am an officer empowered by Z&K Consultants, Inc. to sign such material and thereby commit Z&K to the obligations contained in the RFP response. We understand that the signing and submission of a response shall indicate the intention of the proposer to adhere to the provisions described in this RFP and a commitment to enter into a binding contract. Z&K understands the scope of services to be provided and has the overall ability and qualifications to conduct the work and provide services as it relates to key points in the RFP. By signing below, I attest that all information submitted is true and correct.

All contains of this Proposal shall remain valid for a period of not less than 90 calendar days from the date of submittal. Z&K Consultants, Inc. does not have any exceptions to the language in the RFP documents and does not have any language modifications to the contract language. We acknowledge that the City issued Q&A Set No. 1 on January 23, 2024 and Addendum No. 1 on January 30, 2024. Z&K is unaware of any conflict of interest in performing the proposed work. We are excited about this opportunity to serve the City of Placentia are committed to the successful and early completion of these important projects.

Sincerely,
c
Crystal Fraire, PE
President
Z&K Consultants Inc.
17130 Van Buren Blvd. I Suite 122 I Riverside, CA 92504 Phone. 951.310.7470 I Fax. 949.630.3242 I [email protected]

C. EXECUTIVE SUMMARY
Z&K Consultants, Inc. has successfully held over 50 similar on -call contracts, including Construction Management,
and Inspection services. Z&K understands the nature of on - call contracts and has the depth of resources and expertise required to properly service those contracts. Z&K has managed on -call contracts throughout the region and has a strong understanding of how to effectively address project issues and the needs of public agencies, and we are keenly aware of community impact. Z&K has extensive experience in streets rehabilitation, sewer improvements, signing and striping improvements, storm drain improvements, bridge construction, new building construction, irrigation and landscaping, site improvements, concrete sidewalk, streets and park lighting, parks and recreation facility improvements, mechanical
systems, electrical systems, and traffic signal improvements.

Z&K Consultants, Inc. Information
Firm's Legal Name
Z&K Consultants, Inc.

Firm Certifications

DBE, SBE, WBE
Corporate & Local
Office Address
17130 Van Buren Blvd, Suite
122, Riverside, CA 92504
Contact Person
Crystal Fraire, PE, President
Telephone Number
951.310.7470
Fax Number
949.630.3242
Website Address
www.zandkconsultants.com
Email Address
[email protected]
We maintain an extensive history of working with various local agencies. Throughout the completion of many projects, our team has demonstrated an unparalleled ability to work well with local agency staff, project stakeholders, engineers, and contractors. We have successfully delivered projects in a timely and cost-effective manner and have acquired an understanding of local agency requirements. Z&K is proud of our reputation for having seasoned construction management and inspection personnel and of the industry's recognition of our ability to deliver improvement projects ahead -of -schedule, under budget, without claims, and with outstanding customer service for the local community.

Z&K team have worked on the following agencies performing on -call services which have been completed on time and within budget.

City of Alhambra
City of Beaumont
City of Bell
City of Carson
City of Chino
City of Compton
City of Corona
City of Costa Mesa
City of Eastvale
City of El Segundo
City of Hemet
City of Irwindale
City of Laguna Beach
City of Lake Forest
City of La Mirada
City of Lancaster
City of Manhattan Beach
City of Moreno Valley
City of Newport Beach
City of Norco
City of Norwalk
City of Oceanside
City of Palm Desert
City of Pomona
City of Rancho Pales Verdes
City of Riverside
City of Rosemead
City of San Bernardino
City of San Marino
City of Santa Monica
City of South Gate
City of Temecula
City of Torrance
County of Los Angeles
County of Riverside
Transportation Department
County of San Bernardino
Long Beach Water
Department
We are proud to Team up with Converse Consultants to provide Material Testing Services. With a large contingent of local resources to draw from, the Z&K project team can respond to whatever needs may arise. By effectively managing a balanced workload among our staff, Z&K can respond promptly to meet with the City. This helps keep the project momentum moving forward so that the Z&K team is in place and ready to work within days of receiving a Notice to Proceed. Consistent with our proven long-term approach to municipal on -call contracts, Z&K has the technical expertise and experience to provide all project types as requested in the RFP. Our Team will perform the work on the specified project for the entire duration of the project unless requested or approved by the City. We will monitor our approved budget and notify the City of additional work outside of contracted scope of work prior to performing additional work.

Z&K's keys to success on this on -call contract includes our responsiveness, understanding of the City's needs, capability and availability of qualified staff, and our historically successful comprehensive construction management approach for on -call, multiple -task, multiple -year contracts. Z&K will commit sufficient resources to adequately handle varying workloads that may result from multiple task orders, but technical strengths and resources are only of value if those resources can be well managed. The Z&K approach to effective construction management starts with scope, schedule, and budget development, signed contracts, and kickoff meetings. The construction management concepts for the duration of each task and the overall contract are then organized around a core framework of communication, coordination, thorough documentation, and quality control for each submittal on each task.

All proposed staff possess the certifications and licenses required to provide professional Construction Management and Construction Inspection services. Our staff licenses include registered civil engineers, traffic engineers, QSD/QSP, ICC Certified in all trades, certified plan reviewers, and Certified Building Officials. Our team has specialized project management and construction management and training. The Z&K team understands the importance of meeting deadlines in a timely manner. We commit to providing adequate staffing (both as to number of personnel and their qualifications) for every task. Our approach is flexible and adaptive to each task, and we can also commit to making use of personnel from other offices throughout the company and bringing on additional staff. Z&K is capable to scale up or down as needed with a focus on our unmatched responsiveness

Page 1 of 30 ends

Placentia City CouncilApril 16, 2024

Placentia City Council
April 16, 2024