AGENDA – JANUARY 10, 2024 PAGE 1 of 352
CITY OF SAN MARINO
CITY COUNCIL AGENDA
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
Philippe Eskandar, City Manager
www.CityofSanMarino.org
(626) 300-0700 Phone
City Hall Council Chamber
2200 Huntington Drive
San Marino, CA 91108
REGULAR MEETING OF THE
SAN MARINO CITY COUNCIL
WEDNESDAY, JANUARY 10, 2024 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
2200 HUNTINGTON DRIVE
SAN MARINO, CA 91108
The City of San Marino appreciates your attendance. Citizens’ interest provides the Council with valuable information regarding issues of the community.
Regular meetings are held on the 2nd Wednesday of every month at 6:00 p.m. Typically, adjourned meetings are held on the last Friday of every month at 8:30 a.m.
In compliance with the Americans with Disabilities Act, any person with a disability who requires a reasonable modification or accommodation in order to participate in a meeting should contact the City Clerk via email at [email protected] or by phone at (626) 300-0705 prior to the meeting for assistance.
The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties with Zoom. The City will do it’s best to resolve any technical issues as quickly as possible.
How to view or listen to the meeting from home:
Visit www.CityofSanMarino.org/Zoom
How to offer public comment from home:
Public comment will be accepted by email to [email protected] until 3:00 p.m. the day of the meeting. Written public comment received by 3:00 p.m. will be distributed to City Council during the meeting. Any comments received after 3:00 AGENDA – JANUARY 10, 2024 PAGE 2 of 352
p.m. will be included in the public comment record but not provided to City Council at the meeting.
Written public comment will be accepted electronically via the zoom.us teleconference module during the meeting. Written Zoom comments will be accepted after the in-person comments.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Member Chou, Council Member Lo, Council Member Talt, Vice Mayor Shepherd Romey, and Mayor Huang
POSTING OF AGENDA
The agenda is posted 72 hours prior to each meeting at the following locations: City Hall, 2200 Huntington Drive, the Crowell Public Library, 1890 Huntington Drive, and the Stoneman Building, 1560 Pasqualito Drive. The agenda is also posted on the City’s website: http://www.cityofsanmarino.org.
PUBLIC COMMENTS
The City welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. At this time, the public may address the City Council on items that are not on the agenda. Pursuant to state law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). The Mayor reserves the right to place limits on duration of comments. Staff may be asked to follow up on such items.
CITY MANAGER'S REPORT
This is an opportunity for the City Manager to inform the City Council and the public of any upcoming events or matters of interest to the community.
MOTION TO WAIVE FURTHER READINGS
This action permits the City Council to act on ordinances and resolutions without having to read the entire text of the ordinance or resolution. The title of an ordinance on First Reading must be read in its entirety. An ordinance on Second Reading does not require having the title read. However, the City Council may request that an ordinance or resolution be read in its entirety before taking any action.
AGENDA – JANUARY 10, 2024 PAGE 3 of 352
NEW BUSINESS
1. FIND THE LIFT STATION IMPROVEMENT PROJECT EXEMPT FROM
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO SECTION 15301(B) OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA CODE OF REGULATIONS (CLASS 1, EXISTING
FACILITIES EXEMPTION), APPROVAL OF THE PLANS AND
SPECIFICATIONS AVAILABLE AT THE OFFICE OF THE CITY CLERK AND
AT THE DAIS, AWARD OF A CONSTRUCTION AGREEMENT TO CWS
SYSTEMS, INC. FOR THE LIFT STATION IMPROVEMENT PROJECT NO. 21-8022, IN THE TOTAL AMOUNT (BASE BID PLUS ALTERNATE BIDS A1 & A2) OF $2,276,000, AND REJECT ALL OTHER BIDS; AWARD OF A
PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES TO Z&K CONSULTANTS IN THE AMOUNT OF $230,000; APPROVAL OF AMENDMENT NO. 3 TO THE
PROFESSIONAL SERVICE AGREEMENT WITH DUDEK FOR
CONSTRUCTION SUPPORT IN THE AMOUNT OF $45,500;
AUTHORIZATION FOR PARKS AND PUBLIC WORKS DIRECTOR/CITY
ENGINEER TO APPROVE CONTINGENCIES IN AN AMOUNT NOT TO
EXCEED $250,600; AND APPROPRIATION OF AN ADDITIONAL
$1,571,181 TO ACCOUNT #394-44-4600-8022 FROM THE CIP FUND
BALANCE RESERVES
Recommendation: Staff recommends that the City Council 1) find the Lift Station Improvement Project exempt from review under the California Environmental Quality Act (CEQA), 2) approve the Plans and Specifications available at the office of the City Clerk and at the dais, 3) award a Construction Agreement to CWS Systems, Inc., 4) award a Professional Services Agreement for construction management and inspection services to Z&K Consultants, 5) approve Amendment No. 3 to the Professional Services Agreement with Dudek for construction support services, and 6) authorize the Parks and Public Works Director/City Engineer to approve contract change orders and other contingencies in an amount not to exceed $250,600. If the Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to 1) find the Lift Station Improvement Project exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities exemption), 2) approve the Plans and Specifications available at the office of the City Clerk and at the dais, 3) award a Construction Agreement to CWS Systems, Inc., for the Lift Station Improvement Project No. 21-8022 in the amount of $2,276,000, and reject all other bids, 4) award a Professional Services Agreement for construction management and inspection services to Z&K Consultants in the amount of $230,000, 5) approve Amendment No. 3 to the Professional Services Agreement with Dudek in the amount of $45,500, and 6) authorize the Parks and Public Works Director/City Engineer to approve contract change orders and other contingencies in an amount not to exceed $250,600, and 7) appropriate an additional $1,571,181 to account #394-44-4600-8022 (Lift Station Improvements) from the CIP fund balance reserves.
AGENDA – JANUARY 10, 2024 PAGE 4 of 352
CONSENT CALENDAR
2. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ROGERS,
ANDERSON, MALODY & SCOTT, LLP AND APPOINTING TERRY SHEA
INTERIM FINANCE DIRECTOR
Recommendation: Staff recommends that the City Council approve the Professional Services Agreement with Rogers, Anderson, Malody & Scott, LLP and concur with the appointment of Terry Shea as Interim Finance Director. If Council concurs, an appropriate motion would be:
“I move to approve the Professional Services Agreement with Rogers, Anderson, Malody & Scott, LLP and concur with the appointment of Terry Shea as Interim Finance Director.”
3. APPROVAL OF PURCHASE OF ONE POLICE VEHICLE FROM NATIONAL AUTO FLEET IN THE AMOUNT OF $64,810.58
Recommendation: Staff recommends the City Council approve the purchase of a Police Department vehicles from National Auto Fleet in the amount of $64,810.58. “I move to approve the purchase of a Chevrolet Tahoe for the Police Department from National Auto Fleet in the amount of $64,810.58.”
4. APPROVE AMENDMENT NO. 1 TO EXTEND AGREEMENT FOR LANCE,
SOLL & LUNGHARD, LLP, TO PERFORM PROFESSIONAL AUDITING
SERVICES FOR THE FISCAL YEARS ENDING JUNE 30, 2024 AND 2025 Recommendation: Staff recommends the Council approve Amendment No. 1 to the Agreement with Lance Soll & Lunghard to extend the term through December 31, 2025, for the FYE June 30, 2024, and FYE June 30, 2025, Audit Services and authorize the City Manager to approve and execute the amendment and any other documents necessary to effectuate the contract. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve Amendment No. 1 to the Agreement with Lance Soll & Lunghard to extend the term through December 31, 2025, for the FYE June 30, 2024, and FYE June 30, 2025, Audit Services and authorize and direct the City Manager to execute Amendment No. 1 to the professional services agreement with Lance, Soll & Lunghard, LLP for the City’s Financial Statement Auditing Services for two additional one-year extensions.”
5. CASH AND INVESTMENT REPORT FOR THE MONTH OF NOVEMBER 2023
Recommendation: Staff recommends the Council receive and file this report. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
AGENDA – JANUARY 10, 2024 PAGE 5 of 352
“I move to receive and file the Cash and Investment Report for the Month of November 2023.”
6. RECEIVE AND FILE MONTHLY DISBURSEMENTS REPORT FOR
DECEMBER 2023
Recommendation: Staff recommends the Council receive and file the Monthly Disbursements Report for the month of December 2023. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to receive and file the Monthly Disbursements Report for the month of December 2023.”
7. APPROVAL OF MINUTES
Recommendation: Staff recommends the Council approve the December 2023 minutes. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the minutes of the special meeting of December 13, 2023, and the regular meeting of December 13, 2023.”
8. RATIFICATION OF THE FY 2022-23 CALIFORNIA STATE LIBRARY REPORT
Recommendation: Staff recommends the Council ratify the FY 2022-23 California State Library Report. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to ratify the FY 2022-23 California State Library Report.”
WRITTEN COMMUNICATIONS OR PUBLIC WRITINGS DISTRIBUTION
This is an opportunity to announce any written communications pertaining to the City received by members of the City Council. All public writings distributed by the City of San Marino to at least a majority of the City Council regarding any item on this agenda will be made available at the Public Counter at City Hall located at 2200 Huntington Drive, San Marino, California 91108, and will also be included in the public agenda packet that will available for review at the City Council meeting.
PUBLIC COMMENTS
FUTURE AGENDA ITEMS
ADJOURNMENT
Posted: 1/5/2024 ALISON WALKER
CITY CLERK
City Manager’s Report and
Operational Dashboard
January 10, 2024
PAGE 6 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
105
92 97
80 114
95 0
20 40
60 80
100
120
140
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
In-City Incidents
FY 22-23 FY 23-24
86 93 97
81 75
103
0 20
40 60
80 100
120
140
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Out-of-City Incidents
FY 22-23 FY 23-24
Fire
Fiscal Year 22-23 Total: 1,120 Current Fiscal Year-to-Date Total: 583 Fiscal Year 22-23 Total: 1,146 Current Fiscal Year-to-Date Total: 535 PAGE 7 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
1 1 1
0 4
1 0
1 2
3 4
5 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Emergency Medical Services - Cardiac Arrests
FY 22-23 FY 23-24
0 0 0 0
1 1
0 1
2 3
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Emergency Medical Services - Return of Spontaneous Circulation FY 22-23 FY 23-24
Fire
Fiscal Year 22-23 Total: 19 Current Fiscal Year-to-Date Total: 8 Fiscal Year 22-23 Total: 4 Current Fiscal Year-to-Date Total: 2 PAGE 8 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
0:00:56
0:01:07 0:00:59 0:00:53 0:00:58
0:01:10
0:00:00
0:00:43
0:01:26
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Percentile Response Time: EMS Turnout
FY 22-23 FY 23-24
0:01:27
0:01:06
0:01:24 0:01:28 0:01:21 0:01:23
0:00:00
0:00:43
0:01:26
0:02:10
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Perentile Response Time: Fire Turnout
FY 22-23 FY 23-24
0:05:45 0:06:06
0:07:04
0:05:57 0:06:10 0:05:50
0:02:53
0:07:12
0:11:31
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Percentile Response Time: Overall Response
FY 22-23 FY 23-24
The San Marino Fire Department has adopted the National Fire Protection Association (NFPA) 1710 standards for response time reporting. NFPA standards represent aspirational goals for Fire Departments. By measuring response in percentiles rather than averages, the Fire Department is able to more accurately measure performance of responding units. The time reported as the 90th percentile turnout or response time means that 90% of incidents were as fast, or faster, than the reported time.
Fire
Fiscal Year 22-23 Response Rate: 59 sec Current Fiscal Year Response Rate: 59 sec Fiscal Year 22-23 Response Rate: 1 min 15 sec Current Fiscal Year Response Rate: 1 min and 21 sec Fiscal Year 22-23 Response Rate: 5 min 59 sec Current Fiscal Year Response Rate: 6 min and 9 sec Turnout Time - the amount of time after dispatch for firefighters to don safety equipment and start vehicle response.
Overall Response Time - the total amount of time it takes to respond to an incident, from initial dispatch to arriving on scene.
PAGE 9 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
5 8
4 4
8 12
0 5
10 15
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Residential Burglaries
FY 22-23 FY 23-24
7 7 6 7
9 16
0 5
10 15
20 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Larcenies
FY 22-23 FY 23-24
Police
Fiscal Year 22-23 Total: 65 Current Year-to-Date Total: 41 Fiscal Year 22-23 Total: 117 Current Year-to-Date Total: 52 Burglary - the act of entering a premise with the intent of committing a felony or stealing property.
Larceny - the unlawful removal of property. Any person who feloniously steals, takes, carries, leads or drives away the personal property of another is guilty of larceny theft by either misdemeanor of felony larceny.
PAGE 10 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
262
168 186 164
234 219
0 100
200
300
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Traffic Citations Issued
FY 22-23 FY 23-24
2 4
7 8
5 2
0 5
10 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Community Meetings
FY 22-23 FY 23-24
Fiscal Year 22-23 Total: 2,061 Current Year-to-Date Total: 1,233 Fiscal Year 22-23 Total: 22 Current Year-to-Date Total: 28 Police
PAGE 11 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
92 91
70 104
62 54
0 50
100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Building Permits Issued
FY 22-23 FY 23-24
5 7
7 11
5 0 3
5 10
15 20
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Tree Removal Permits Issued
FY 22-23 FY 23-24
2 2 2
4 2
4 0
2 4
6 8
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
New Business Licenses
FY 22-23 FY 23-24
Community Development
Fiscal Year 22-23 Total: 905 Current Year-to-Date Total: 473 Fiscal Year 22-23 Total: 87 Current Year-to-Date Total: 38 Fiscal Year 22-23 Total: 35 Current Year-to-Date Total: 16 PAGE 12 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
3 5
2 4
3 0
0 5
10 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
ADU Permits Issued
FY 22-23 FY 23-24
1 1 0
6 4 4
0 5
10 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
ADU Applications Submitted
FY 22-23 FY 23-24
82 105 105 87
65 83
0 50
100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Open Code Enforcement Cases
FY 22-23 FY 23-24
Community Development
Fiscal Year 22-23 Total: 41 Current Year-to-Date Total: 17 Fiscal Year 22-23 Total: 52 Current Year-to-Date Total: 16 Fiscal Year 22-23 Average per Month: 69 Current Year-to-Date Average per Month: 88 PAGE 13 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
53 22
54 61
42 31
0 50
100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Programs Offered
FY 22-23 FY 23-24
10836
2159 1,709 3,306
999 2,282
0 5,000
10,000
15,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Participants
FY 22-23 FY 23-24
25 19
30 38
28 26
0 10
20 30
40 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Rental Bookings
FY 23-24
Community Services
Fiscal Year 22-23 Total: 609 Current Year-to-Date Total: 263 Fiscal Year 22-23 Total: 632,065 Current Year-to-Date Total: 21,291 Current Year-to-Date Total: 166
PAGE 14 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
10,588 11,052 10,075 9,915 11,284 10,677
0 5,000
10,000
15,000
20,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Library Circulation Total
FY 22-23 FY 23-24
9,369 9,756 8,995 8,858 10,160 9,621
1,219 1,296
1,080 1,057
1,124 1,056
0 2,000
4,000
6,000
8,000
10,000
12,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
FY 2023-24 Library Circulation Breakdown
In-Person Digital
Fiscal Year 22-23 Total: 139,989 Current Year-to-Date Total: 63,591 Community Services
PAGE 15 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
$107,342
$1,753,659
$245,823 $1,063,216$1,413,020
$131,114
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Revenues
FY 22-23 FY 23-24
$5,024,667
$2,818,718
$4,167,689
$2,218,894
$2,574,296
$2,339,983
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Expenses
FY 22-23 FY 23-24
$83,280
$129,118
$172,397
$140,343 $153,925 $167,547
$0
$50,000
$100,000
$150,000
$200,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Overtime Expenses
FY 22-23 FY 23-24
Finance
Fiscal Year 22-23 Total: $35,311,777 Year-to-Date Total: $4,714,174 Fiscal Year 22-23 Total: $38,790,100 Year-to-Date Total: $19,144,249 Fiscal Year 22-23 Total: $1,466,556 Year-to-Date Total: $846,610 PAGE 16 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
$15,392,335
$14,160,299
$11,859,613
$7,120,318
$6,300,434 $5,893,230
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
General Fund Balance at End of Each Month
FY 22-23 FY 23-24
$37,767,669
$35,768,971
$33,101,058
$31,780,272
$30,580,470
$37,040,167
$30,000,000
$32,000,000
$34,000,000
$36,000,000
$38,000,000
$40,000,000
$42,000,000
$44,000,000
$46,000,000
$48,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Overall Cash Balance in the Bank at End of Each Month
FY 22-23 FY 23-24
Finance
PAGE 17 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
109 108 109 108 107 106
80 90
100
110
120
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Full-Time Employees (112 budgeted)
FY 22-23 FY 23-24
68 68
40 46 45 46
0 20
40 60
80 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Part-Time Employees
FY 22-23 FY 23-24
Fiscal Year 22-23 Average: 99 Current Year-to-Date Average: 108 Human Resources
Fiscal Year 22-23 Average: 46 Current Year-to-Date Average: 52
2.7% 3.6% 2.7% 3.6% 4.5% 5.4%
0%
5%
10%
15%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Full-Time Position Vacancy Rate
FY 22-23 FY 23-24
Fiscal Year 22-23 Average: 8.24% Current Year-to-Date Average: 3.74% PAGE 18 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
56 60 66 65 63 70
0 20
40 60
80 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Claims (Total Open)
FY 22-23 FY 23-24
1 7
3 2 2
5 0
5 10
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Claims (New)
FY 22-23 FY 23-24
72 123
72 50 51 59
0 50
100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Cumulative Days Off (in month)
FY 22-23 FY 23-24
Human Resources
Fiscal Year 22-23 Average: 59 Current Year-to-Date Average: 63 Fiscal Year 22-23 Total: 45 Current Year-to-Date Total: 20 Fiscal Year 22-23 Total: 492 Current Year-to-Date Total: 427 PAGE 19 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
80% 71% 68% 67% 67% 60%
0%
50%
100%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Performance Evaluation Completion Rate
Fiscal Year 2023-24
Current Year-to-Date Average: 69%
Human Resources
PAGE 20 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
60 89
49 54 43
30 0
50 100
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Maintenance Service Requests Opened
FY 22-23 FY 23-24
7%
3% 4%
6% 5% 5%
0%
5%
10%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Fleet Out of Service More Than 3 Business Days
FY 22-23 FY 23-24
Fiscal Year 22-23 Average: 4.8% Current Year-to-Date Average: 5.0% Fiscal Year 22-23 Total: 620 Current Year-to-Date Total: 325 Parks & Public Works
86% 87%
90% 91%
88%
93%
75%
80%
85%
90%
95%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Service Requests Closed Within 5 Business Days
FY 22-23 FY 23-24
Fiscal Year 22-23 Average: 86% Current Year-to-Date Average: 89% PAGE 21 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
0 1
2 3
4 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Customer Service Surveys Received
FY 22-23 FY 23-24
Capital Projects in Design 5
Capital Projects in Construction 2
Fiscal Year 22-23 Total: 8 Current Year-to-Date Total: 3 0%
50%
100%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Customer Survey Rating of Good/Superior
FY 22-23 FY 23-24
Fiscal Year 22-23 Average: 79% Current Year-to-Date Average: 100% Parks & Public Works
PAGE 22 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
22 21
26 23 16
16 0
10 20
30 40
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Public Record Requests Received
FY 22-23 FY 23-24
9 7 7 8 7
10 0
5 10
15 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Average Time to Respond to Public Records Requests
FY 22-23 FY 23-24
4 1
0 1
0 0
0 2
4 6
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Claims Received
FY 22-23 FY 23-24
City Manager’s Office
Fiscal Year 22-23 Total: 276 Current Year-to-Date Total: 124 Fiscal Year 22-23 Average: 8 Current Year-to-Date Average: 8 Fiscal Year 22-23 Total: 14 Current Year-to-Date Total: 6 PAGE 23 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
2 55
3 1 1 0
0 20
40 60
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Proclamations and Certificates Prepared
FY 22-23 FY 23-24
1 2
3 1
2 1
1 1
3 3
3 0
2 0
4 5
0 4
0 0
1 3
2 2
1 4
5 0
2 5
2 1
0 City Manager's Office
Finance
Human Resources
Community Development
Parks & Public Works
Fire
Police
Community Services
# of Agenda Items by Department (FY 22-23)
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Fiscal Year 22-23 Total: 70 Current Year-to-Date Total: 62 City Manager’s Office
PAGE 24 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
3 7 8 7 5
2 0
5 10
15 20
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Film Permits Processed
FY 22-23 FY 23-24
3 1
2 3
0 0
0 1
2 3
4 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Special Event Permits Processed
FY 22-23 FY 23-24
City Manager’s Office
Fiscal Year 22-23 Total: 92 Current Year-to-Date Total: 32 Fiscal Year 22-23 Total: 16 Current Year-to-Date Total: 9 PAGE 25 of 352
City Manager’s Report and Operational
Dashboard
January 10, 2023
77 78
12 9
43 20
0 50
100
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
New Weekly Briefing Monthly Sign Ups
FY 23-24
9,000
11,000
9,500
8,700
6,100
7,300
4,300
7,500
10,000
9,100
9,900
11,000
0 2,000
4,000
6,000
8,000
10,000
12,000
Facebook Instagram
Social Media Reach
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
City Manager’s Office
Current Year-to-Date Average: 40
PAGE 26 of 352
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director/City Engineer DATE: January 10, 2024
SUBJECT: FIND THE LIFT STATION IMPROVEMENT PROJECT
EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
SECTION 15301(b) OF TITLE 14, CHAPTER 3 OF THE
CALIFORNIA CODE OF REGULATIONS (CLASS 1,
EXISTING FACILITIES EXEMPTION), APPROVAL OF THE
PLANS AND SPECIFICATIONS AVAILABLE AT THE OFFICE
OF THE CITY CLERK AND AT THE DAIS, AWARD OF A
CONSTRUCTION AGREEMENT TO CWS SYSTEMS, INC.
FOR THE LIFT STATION IMPROVEMENT PROJECT NO. 21-
8022, IN THE TOTAL AMOUNT (BASE BID PLUS
ALTERNATE BIDS A1 & A2) OF $2,276,000, AND REJECT
ALL OTHER BIDS; AWARD OF A PROFESSIONAL
SERVICES AGREEMENT FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES TO Z&K
CONSULTANTS IN THE AMOUNT OF $230,000; APPROVAL
OF AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICE
AGREEMENT WITH DUDEK FOR CONSTRUCTION
SUPPORT IN THE AMOUNT OF $45,500; AUTHORIZATION
FOR PARKS AND PUBLIC WORKS DIRECTOR/CITY
ENGINEER TO APPROVE CONTINGENCIES IN AN AMOUNT
NOT TO EXCEED $250,600; AND APPROPRIATION OF AN
ADDITIONAL $1,571,181 TO ACCOUNT #394-44-4600-
8022 FROM THE CIP FUND BALANCE RESERVES
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
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STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
Well-Maintained Infrastructure
BACKGROUND
The City operates and maintains its own sanitary collection system consisting of approximately 50 miles of gravity pipelines and three (3) City-owned sewer lift stations: Orlando, Avondale and Monterey. In order to comply with State Water Resources Control Board (SWRCB) Orders, the City is required to develop, implement and fund a Sewer System Management Plan (SSMP) which establishes minimum requirements under which the system must be operated and maintained in order to prevent sanitary sewer overflows (SSOs).
In conjunction with the completion of the City’s 2019 SSMP, a Sewer Condition Assessment (SCA) report was also completed to identify priority projects for inclusion in the City’s Capital Improvement Program and ensure the sustained reliability of the sewer system. As a result, rehabilitation of all three Cityowned sewer lift stations was recommended based on the deficiencies and issues identified at each sewer lift station in the 2019 SCA.
On February 10, 2021, the Council awarded a professional design services agreement to Dudek for the preparation of plans and specifications to upgrade all three of the City’s wastewater lift stations, which have been a recurring part of the Capital Improvement Plan since FY 2018-19. The improvements were intended to modernize each facility, improve operations, improve reliability, increase efficiency, and provide uniformity in lift station controls and equipment.
On June 8, 2022, the City Council approved Amendment No. 1 extending the agreement term through June 30, 2023. Amendment No. 2 was approved by the City Council on May 10, 2023 in order to amend the scope of the contract to resolve two design issues critical to ensuring future functionality of the lift stations following a third-party consultant review of the 100% plans and specifications. The design issues were originally identified by the Dudek team during the preliminary design phase but were excluded per the direction of former staff. The design changes that were recommended for inclusion in the project based on standard engineering best practices included:
1. Full pump control panel replacements, which will increase the longevity of the lift stations and significantly reduce the chance of the City having to revisit each station for additional rehabilitation in the next few years.
2. Full replacement of the Orlando Lift Station wet well structure, which will PAGE 28 of 352
allow for easy removal and reinstallation of pumping units during routine maintenance and emergency scenarios.
Upon completion of the Project Plans and Specifications, which are on file in the office of the City Clerk and present on the dias, the Public Works Department advertised the project for construction bids via the City’s electronic bid platform. The final Engineer’s Estimate of the construction cost of the project was $1,947,000 after incorporating the additional scope and accounting for the significant cost escalation in the construction industry over the past few years. Due to the additional scope and rapidly rising construction costs, the City advertised the most urgent lift station repairs at Avondale Lift Station as the Base Bid, with the Monterey and Orlando Lift Stations as additive Alternates A1 and A2, respectively. Prior to the bid opening, the City held a mandatory pre-bid meeting for prospective contractors, at which six contractors were in attendance. Of these prospective bidders, two submitted their bids at the bid opening held on November 8, 2023.
Professional construction management services are recommended so that an experienced construction manager is on site to oversee the actual construction and help deliver a successful project. As it pertains to proposals for the construction management services, California Government Code 4526 prescribes selection of architectural and engineering services be based on demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required, and does not authorize the selection of professional architectural and engineering services based solely on cost. A total of two proposals were received, and after conducting interviews with each firm, City staff determined Z&K Consultants was the firm most well-suited to provide construction management and inspection services for this project.
DISCUSSION
Solicitation for Construction Bids
On November 8, 2023, a bid opening for the construction of the project was held. Of the six contractors who attended the mandatory pre-bid meeting, two contractors submitted bids for the Lift Station Improvement Project, as follows:
Bidder Base Bid (Avondale
only)
CWS Systems, Inc.
Pasadena, CA $997,000
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Ferreira Coastal Construction
Co.
Rancho Cucamonga, CA
$1,250,300
Engineer’s Estimate $941,000
Bidder
Base Bid plus Alternates A1 &
A2 Combined (Avondale,
Monterey, and Orlando)
CWS Systems, Inc.
Pasadena, CA $2,276,000
Ferreira Coastal
Construction Co. $2,612,750
Engineer’s Estimate $1,947,000
A summary tabulation of each bidder’s complete bid schedule is also attached to this report. Pursuant to the Plans and Specifications, the lowest responsive, responsible bidder will be determined by the Sum of the Base Bid only. The apparent low bidder, CWS Systems, Inc., provided the lowest responsive and responsible total Base Bid, provided satisfactory references, is licensed to perform the contemplated work and is registered with the State Department of Industrial Relations. The determination of the lowest bid is solely on the basis of the comparison of the Base Bid.
Given the critical nature of this type of infrastructure and the aging and outdated condition of the existing lift stations requiring rehabilitation and upgrades, staff recommends the award of contract for improvements for all three lift stations. Due to protracted lead times for some electrical components required for the project, actual construction activities will likely not begin until December 2024 with completion occurring in mid to late 2025. Re-bidding the Monterey and Orlando Lift Stations at that time will likely result in significantly higher prices due to cost escalation and further delay critical upgrades needed at each of these lift stations. As such, performing upgrades at all three lift stations as part of this project is ultimately the most cost effective and efficient approach.
Staff recommends award of a Construction Agreement for the Lift Station Improvement Project No. 21-8022, to CWS Systems Inc., for the total Base Bid of $997,000 plus Alternate Bid A1 of $510,000 and Alternate Bid A2 of $769,000, in the grand total amount of $2,276,000 to perform upgrades at all three lift stations, plus a 10% contract contingency. The requested contingency is standard practice to cover costs due to unforeseen site conditions and change orders for any additional work requested by the City.
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The total amount for the construction plus the construction contingency is $2,503,600.
As noted earlier, significant lead times exist for some electrical components required for the project, therefore actual construction activities will likely not begin until late 2024. Once work has commenced, the project is scheduled to take 200 working days to complete upgrades at all three lift stations (80 days for Avondale, 50 days for Monterey, and 70 days for Orlando).
Solicitation for Construction Management Services
A total of two proposals were received for construction management and inspection services. Based upon careful review of the submitted proposals and interviews of both firms, staff recommends award of a Professional Services Agreement to Z&K Consultants in the amount of $230,000, plus a 10% contract contingency. They were selected based upon their professional qualifications, staff experience, project approach to the scope of work, and adherence to quality and assurance standards. Z&K Consultants has extensive experience working on municipal projects, including 15 other lift station improvement projects and over 50 water/wastewater projects for public agencies. They additionally have experience working in San Marino, as they have served as the project manager/construction manager for the previous two cycles of the City’s Annual Street Rehabilitation Project. Their familiarity with the City and the community, as well as their professional qualifications and experiences on similar wastewater projects make them well-suited to manage the project.
Z&K Consultants also understand the importance of information management and are committed to disseminating key information to City staff, the public, and other stakeholders in a timely manner. As such, Z&K Consultants will prepare regular updates to ensure the City and stakeholders stay informed during the project.
Contract Amendment for Engineering Services during Construction Finally, staff recommends approval of Amendment No. 3 to the Professional Services Agreement with Dudek in the amount of $45,500 to provide engineering services during construction, increasing the total contract compensation to a not to exceed amount of $165,875. As the Engineer of Record for the project Plans and Specifications, their services are necessary to review and respond to contractor RFIs and submittals, and to address any potential issues that may arise during construction to help deliver a successful project.
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CEQA REVIEW
The Lift Station Improvement Project is not subject to CEQA review pursuant to Section 15301 (b) of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities exemption), which exempts from CEQA review projects that consist of the operation, repair, maintenance, permitting or minor alteration of existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage or other public utility services. This agenda item meets the criteria for this exemption because the proposed project involves the rehabilitation and upgrade of existing sewerage lift stations without the expansion of existing use. Therefore, the project is exempt from CEQA.
FISCAL IMPACT & PROCUREMENT REVIEW
Bids for construction were solicited in accordance with the Public Contract Code and the City’s purchasing ordinance.
Staff estimates the project’s overall cost, combining the design amendment, construction cost, construction management and inspection cost, and project contingency will be $2,802,100. See below for breakdown.
Item Cost
Construction Contract (CWS
Systems) $2,276,000
Construction Contingency (10%) $227,600
Construction
Management/Inspection (Z&K
Consultants)
$230,000
Construction
Management/Inspection
Contingency (10%)
$23,000
Design Amendment (Dudek) $45,500
Total Project Cost $2,802,100
The City’s adopted FY 23-24 budget has appropriated $1,230,919 for the Lift Station Improvement Project. The increase in costs from what was originally projected a few years ago can be attributed to critical design changes that addressed the lift stations’ longevity, as well as the general cost escalation and inflation seen across the construction sector in the past few years.
Due to the long lead times associated with the project, the construction phase of the project will not begin until FY 24-25. The adopted FY 23-24 budget has PAGE 32 of 352
appropriated sufficient funds for the initial administrative and construction management phase of the project that will occur in FY 23-24. As construction will not begin until FY 24-25, the vast majority of the project costs will not be incurred until that time.
Approval of the contract will require a budget appropriation to the FY 23-24 CIP budget of $1,571,181 to Account #394-44-4600-8022 (Lift Station Improvements) from the CIP fund balance reserves. Due to the unanticipated large appropriation from the CIP fund balance reserve, staff will reassess the 5-Year CIP Forecast during the FY 24-25 budget process and revaluate funding for future CIP projects. The CIP reserve remains healthy, but rising construction costs will impact the reserve moving forward.
The Finance Director has reviewed this staff report for compliance with San Marino City Code §02.06.05.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
PUBLIC SAFETY COMMISSION REVIEW
The Public Safety Commission met on December 18, 2023 and reviewed this item as part of their regular meeting agenda. The Commission’s review included questions related to the role of the construction manager, lead times/project duration, and potential disruption of service.
As discussed earlier, a construction manager is necessary for this project to provide specialized expertise in construction and fields related to this particular project, as well as to monitor construction activities to ensure compliance with the plans and specifications and timely resolve any issues that may arise during the course of construction. Lead times for some of the necessary equipment related to the project was previously estimated to be 50 weeks. However, should those parts be received sooner, the project may begin earlier than anticipated and is expected to be completed in 200 working days once construction has commenced. As part of the project, bypassing of the existing sewer facilities will occur, which may lead to brief disruption of service for customers (approximately 6 hours) to allow for the bypass installation.
This should be the extent of potential service disruption.
The Public Safety Commission has reviewed the report and supported the Parks and Public Works Department’s recommendation to the City Council.
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RECOMMENDATION
Staff recommends that the City Council 1) find the Lift Station Improvement Project exempt from review under the California Environmental Quality Act (CEQA), 2) approve the Plans and Specifications available at the office of the City Clerk and at the dais, 3) award a Construction Agreement to CWS Systems, Inc., 4) award a Professional Services Agreement for construction management and inspection services to Z&K Consultants, 5) approve Amendment No. 3 to the Professional Services Agreement with Dudek for construction support services, and 6) authorize the Parks and Public Works Director/City Engineer to approve contract change orders and other contingencies in an amount not to exceed $250,600. If the Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to 1) find the Lift Station Improvement Project exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities exemption), 2) approve the Plans and Specifications available at the office of the City Clerk and at the dais, 3) award a Construction Agreement to CWS Systems, Inc., for the Lift Station Improvement Project No. 21-8022 in the amount of $2,276,000, and reject all other bids, 4) award a Professional Services Agreement for construction management and inspection services to Z&K Consultants in the amount of $230,000, 5) approve Amendment No. 3 to the Professional Services Agreement with Dudek in the amount of $45,500, and 6) authorize the Parks and Public Works Director/City Engineer to approve contract change orders and other contingencies in an amount not to exceed $250,600, and 7) appropriate an additional $1,571,181 to account #394-44-4600-8022 (Lift Station Improvements) from the CIP fund balance reserves.
ATTACHMENTS
1. Tabulation of All Construction Bids Received
2. Draft Construction Agreement with CWS Systems, Inc.
3. Proposal from Z&K Consultants
4. Draft Professional Services Agreement with Z&K Consultants
5. Proposal from Dudek
6. Draft Amendment No. 3 to the Professional Services Agreement with Dudek
7. Original Professional Services Agreement with Dudek and Amendments No. 1 and No. 2
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Name Lift Station Improvement Program
Proj. No. 21-8022
Bid
Opening November 8, 2023 Probable Estimate
of Cost
Item
Number Item Description Unit Quantity Unit Price Extended Amount Unit Price Extended Amount Unit Price Extended Amount 1 Mobilization, Demobilization, Bonds, and Insurance LS 1 52,580.00 52,580.00 40,000.00 40,000.00 50,000.00 50,000.00 2 Traffic Control LS 1 5,000.00 5,000.00 25,000.00 25,000.00 12,000.00 12,000.00 3 Water Pollution Control Plan (WPCP) LS 1 20,000.00 20,000.00 30,000.00 30,000.00 5,000.00 5,000.00 4 Improvements to Avondale Lift Station LS 1 863,420.00 863,420.00 902,000.00 902,000.00 1,183,300.00 1,183,300.00 TOTAL BASE BID AMOUNT 941,000.00 997,000.00 1,250,300.00 A1 Improvements to Monterey Lift Station LS 1 - 375,000.00 510,000.00 510,000.00 - 350,700.00 A2 Improvements to Orlando Lift Station LS 1 - 631,000.00 769,000.00 769,000.00 - 1,011,750.00 TOTAL ADDITIVE 1,006,000.00 1,279,000.00 1,362,450.00
TOTAL BID PRICE 1,947,000.00 2,276,000.00 2,612,750.00
Checked bRobert Bauman
NOTES
Approved by: Amber Shah
Bidder #1
Name: CWS Systems, Inc.
Bidder #2
Name: Ferreira Coastal Construction Co.
CITY OF SAN MARINO
BID TABULATION SUMMARY SHEET
Bid Tabulation Summary Sheet Printed: 11/9/2023 PAGE 35 of 352 Page 1 Lift Station Improvement Program No. 21-8022
Project No. 21-8022
CITY OF SAN MARINO CONTRACTOR AGREEMENT
CIP NO. No. 21-8022 Lift Station Improvement Program
This City of San Marino Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of San Marino (“Agency”), and CWS Systems, Inc. (“Contractor”) on the 10th day of January 2024.
In consideration of the mutual covenants and agreements set forth herein, Agency and Contractor have mutually agreed as follows:
CONSTRUCTION
The Contractor agrees to do all the Work in connection with the Lift Station Improvement Program No. 21-8022, to be constructed at Orlando Lift Station, Avondale Lift Station, and Monterey Lift Station in the City of San Marino, California, including to furnish any and all labor, services, materials and equipment to construct and complete the Project, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to this Agreement, approved Change Orders, Notice Inviting Bids, Instructions to Bidders, Bidder’s Proposal and Information Required for Bid Submittal, Bid Schedules, Addenda and/or Bulletins, plans, Special Provisions (Specifications), General Conditions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items, including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good workmanlike manner according to any and all applicable best practices to the satisfaction of the Agency.
The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s written consent has not provided shall be null and void and done at the risk and sole expense of the Contractor.
CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price ($2,276,000) as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.
TERM
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Contractor shall commence Work on the date established in the Construction Notice to Proceed (December 4, 2024). An Administrative Notice to Proceed will precede the Construction Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date. Contractor shall achieve Substantial Completion of the entire Work within 200 Working Days from the Commencement Date of the Construction Notice to Proceed.
TIME FOR PERFORMANCE
Time is of the essence in Contractor’s performance of the Work for this Agreement. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. All timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with the Bid and Contract Documents.
Prior to execution of the Agreement, the State of California declared a state of emergency and issued a stay at home order in connection with the COVID-19 pandemic, and the County of Los Angeles (“County”) issued numerous orders relating to COVID-19, including without limitation an Order to Shelter in Place, originally dated March 17, 2020 (as subsequently extended and amended, including after the date of the Agreement, the “County Order”). In no event shall Contractor be entitled to any additional compensation in connection with any delay or costs associated with the COVID 19 pandemic, the County Order, or any other governmental requirements or regulations in connection therewith, whether currently existing or hereinafter enacted. In the event of any conflict between the terms of this Section and any other provision of the Agreement, in all events, the terms of this Section shall control.
DELAYS AND EXTENSIONS OF TIME
Delays and extensions of time will be handled by Agency and Contractor pursuant to the provisions of Section 6-4 of the Special Provisions. However, Contractor must comply with the written notice requirement, as well as timely report back-up information, in strict compliance with the requirements of the provisions of Section 6-4 of the Special Provisions; Contractor’s failure to submit these items within the times specified will constitute a waiver of the extension of time and payment for delay and will be ground for refusal by the Agency to consider such request.
LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing PAGE 37 of 352
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wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.
Contractor acknowledges and agrees to abide by the provisions of California Labor Code §§ 1720, et seq., as well as 1771, 1773, 1773.1, 1773.2, 1773.6, 1773.7, 1774, 1775 1776 and 1777, pertaining to the obligation to pay prevailing wages with respect to the performance of work (“Prevailing Wage Laws”).
Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Contractor acknowledges that under California Labor Code sections 1810 et seq., eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.)
NON-DISCRIMINATION
Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work because of the race, religion, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age of such person, except as may be permitted by California Government Code section 12940. Contractor is responsible for compliance with this section.
AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of San Marino shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.
INDEMNIFICATION
Contractor agrees to indemnify, defend and hold harmless City, its elected officials, officers, employees and agents from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys’ fees and disbursements (collectively, “Claims”), which City may suffer or incur or to which City may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of any negligent or willfully wrongful acts or omissions of Contractor, its officers, employees, agents, or subcontractors committed in performing any Work under this Contract, excluding Claims occurring as a result of the City’s sole negligence or willful acts or omissions.
If any action or proceeding is brought against City by reason of any of the matters against which Contractor has agreed to indemnify City as provided above, City need not have first paid for any of the matters to which City is entitled to indemnification in order to be so indemnified. In the event of any Claim made against City, City may, in its sole discretion, reserve, retain or apply any funds due to Contractor under PAGE 38 of 352
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this Contract for the purpose of resolving such Claim. The provisions of this section will survive the expiration or earlier termination of this Agreement.
CLAYTON AND CARTWRIGHT ACT ASSIGNMENTS. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.
INSURANCE
Contractor agrees to have and maintain in full force and effect during the term of this Agreement the insurance coverages listed in Exhibit “C” (“Insurance”), which is made a part of this Agreement.
Further, by signing below Contractor certifies that he/she/it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work of this Agreement. Additionally, Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code, including requiring each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”
ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.
PROJECT DOCUMENTATION
All data, drawings, maps, models, notes, books, documents, papers, daily reports, schedules, time and materials tickets, employee time sheets, accounting records and other evidence pertaining to costs incurred, photographs, reports, studies and other documents (collectively, “Project Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of City. Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to City in its possession, but may retain copies of any of the Project Documents it may desire.
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Contractor shall maintain the Project Documents and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement any documents not turned over to Agency for inspection by Agency.
FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.
I have read and understood all of the provisions of this Section 13, above:
(Initial) (Initial)
INDEPENDENT CONTRACTOR
Contractor is and will at all times remain as to City a wholly independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services.
Neither the City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City.
LICENSES AND PERMITS
Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the City of San Marino Municipal Code.
GENERAL PROVISIONS
Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
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Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in the City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.
Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties.
Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract.
Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.
Counterparts and Facsimile Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature.
Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel.
The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party.
Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision.
Venue. In the event of litigation between the Parties, venue in state trial courts will be in the County of Los Angeles. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Los Angeles.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
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Project No. 21-8022
AGENCY:
City of San Marino
By:
Philippe Eskandar, City Manager
CONTRACTOR:
By:
Name:
Its:
By:
Name:
Its:
Contractor’s City Business License No.
ATTEST:
By:
Alison Walker, City Clerk
APPROVED AS TO FORM:
By:
Joseph Montes, City Attorney
State Contractor License No. & Class
DIR Registration No. & Exp
Street Address
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
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EXHIBIT A
CONTRACT DOCUMENTS
City of [______________] Contractor Agreement
Change Orders issued by Agency, signed by Contractor and (if necessary) approved by City Council Notice Inviting Bids, Instructions to Bidders, and Bidder’s Proposal and Information Required for Bid Submittal
Bid Schedule(s)
Addenda and/or Bulletins
Plans
Special Provisions (Specifications)
General Conditions
General Provisions Standard Specifications for Public Works Construction (“Greenbook”) 2018 edition as amended and supplemented
State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Notice of Award
Notice to Proceed
Certificate(s) of Required Insurance and Worker’s Compensation Insurance Security for Payment (Labor & Materials) and Performance Escrow Agreement for Security Deposits in Lieu of Retention If there is a conflict between any of the Contract Documents, the documents highest in precedence shall control. The order of precedence of the Contract Documents shall be as provided in Section 3-7.2 of the Special Provisions. Detail drawings shall take precedence over general drawings.
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EXHIBIT B
CONTRACT PRICE
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.
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EXHIBIT C
INSURANCE
1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits (combined single)
Commercial General Liability $5,000,000
Business Automobile Liability $5,000,000
Workers’ Compensation $1,000,000
Builder’s Risk Completed value of the project
Surety Bonds As described below
Professional Liability $1,000,000
Contractors’ Pollution Legal Liability $1,000,000
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.
2. Commercial General Liability Insurance. Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
3. Business Auto Coverage. Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of personal auto liability coverage for each such person.
4. Workers Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
5. Builder’s Risk (Course of Construction). Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
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6. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a oneyear warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
7. Professional Liability. If design/build, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
8. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
9. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.
10. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review, but in no event may be less than $2,000,000 per occurrence and aggregate.
11. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days prior written notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.
12. Accessibility of Insurers. Insurance is to be placed with insurances with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
13. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of PAGE 46 of 352
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subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
14. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.
15. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
16. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract.
Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
17. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:
1.01 THAT WHEREAS, CITY OF SAN MARINO (Owner) has awarded to (Name of Contractor) as Principal, Contract Number dated
the day of , 20___ (the Contract), titled the City of
[______________]_______________________________________Project in the amount of $ , which Contract is by this reference made a part hereof, for the work of the following Contract:
[PROJECT AND LOCATION]
1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
1.03 NOW, THEREFORE, we, the undersigned Principal and (Name of Surety) , as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($ ), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.
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1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
END OF DOCUMENT
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CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated [Month, Day], 201_ is in the amount of [ Insert Amount ] (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to [Insert name of Contractor] (Contractor), [Insert name of Surety] (Surety), CITY OF SAN MARINO (Owner), or other party shall be considered plural where applicable.
CONTRACTOR: SURETY:
[Insert name of Contractor] [Insert name of Surety]
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: [PROJECT AND ADDRESS], dated [Month, Day], 20_, in the amount of [ Insert Amount].
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
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BOND TERMS AND CONDITIONS
Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.
If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.
If there is no Owner Default, Surety’s obligation under this Bond shall arise after:
Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and Owner has agreed to pay the Balance of Contract Sum:
To Surety in accordance with the terms of this Bond and the Construction Contract; or
3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.
When Owner has satisfied the conditions of Paragraph 0 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:
Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 0, 0 or 0 below); or
Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or
Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 0 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 0 below, for the performance and completion of PAGE 51 of 352
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the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph 0, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 0, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 0 and 0 below.
At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.
If Surety elects to act under Paragraphs 0, 0 or 0 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:
Contractor’s obligations to complete the Construction Contract and correct Defective Work; Contractor’s obligations to pay liquidated damages; and To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).
If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.
If Surety elects to act under Paragraphs 0, 0 or 0 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.
No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.
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Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 0 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 0 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.
Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Los Angeles, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner to Surety under Paragraph 0 above shall be deemed to include the necessary agreements under Paragraph 0 above unless expressly stated otherwise.
All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-
7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.
Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.
Definitions
Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.
Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.
Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).
Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.
END OF DOCUMENT
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ESCROW AGREEMENT FOR SECURITY DEPOSIT IN LIEU OF RETENTION Public Contract Code Section 22300
THIS ESCROW AGREEMENT (“Escrow Agreement”) is made and entered into this day of ________________, 20__, by and between City of San Marino (“Owner”), whose address is [____________________], [______________], CA [_______], [Name of Contractor] (“Contractor”), whose principal place of business is located at [Contractor’s Address], and Owner, as escrow agent [OR] [Name of Bank], a state or federally chartered bank in the State of California, whose place of business is located at [Address] (“Escrow Agent”).
For the consideration hereinafter set forth, Owner, Contractor and Escrow Agent agree as follows:
1. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to Contract Number entered into between Owner and Contractor for the City of [______________] __________________ Project in the amount of $ dated , 20__ (the “Contract”). Alternatively, on written request of Contractor, Owner shall make payments of the retention earnings directly to Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify Owner within ten Days of the deposit. The market value of the securities at the time of substitution shall be at least equal to the cash amount then required to be withheld as retention under terms of Contract between Owner and Contractor. Securities shall be held in name of , and shall designate Contractor as the beneficial owner.
2. Owner shall make progress payments to Contractor for those funds which otherwise would be withheld from progress payments pursuant to Contract provisions, provided that Escrow Agent holds securities in form and amount specified in Paragraph 1 of this Document 006290.
3. When Owner makes payment(s) of retention earned directly to Escrow Agent, Escrow Agent shall hold said payment(s) for the benefit of Contractor until the time that the escrow created under this Escrow Agreement is terminated. Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when Owner pays Escrow Agent directly.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account, and all expenses of Owner. Such expenses and payment terms shall be determined by Owner, Contractor, and Escrow Agent.
5. Interest earned on securities or money market accounts held in escrow and all interest earned on that interest shall be for sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to Escrow Agent that Owner consents to withdrawal of amount sought to be withdrawn by Contractor.
7. Owner shall have the right to draw upon the securities in event of default by Contractor. Upon seven Days written notice to Escrow Agent from Owner of the default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by Owner.
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8. Upon receipt of written notification from Owner certifying that the Contract is final and complete, and that Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on written notifications from Owner and Contractor pursuant to Paragraphs 5 through 8, inclusive, of this Document 00 6290 and Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of securities and interest as set forth.
10. Names of persons who are authorized to give written notice or to receive written notice on behalf of Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
ON BEHALF OF OWNER: ON BEHALF OF CONTRACTOR:
____________________________________ ___________________________________ Title Title
____________________________________ ___________________________________ Name Name
____________________________________ ___________________________________ Signature Signature
____________________________________ ___________________________________ Address Address
____________________________________ ___________________________________ City/State/Zip Code City/State/Zip Code
ON BEHALF OF ESCROW AGENT:
____________________________________
Title
____________________________________
Name
____________________________________
Signature
____________________________________
Address
____________________________________
City/State/Zip Code
IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on the date first set forth above.
OWNER: CONTRACTOR
CITY OF SAN MARINO _____________________________________ PAGE 55 of 352
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______________________________ _____________________________________ Title Title
________________________________ _____________________________________ Name Name
________________________________ _____________________________________ Signature Signature
ATTEST
_____________________________________
Signature
_____________________________________
Print Name
Secretary
ESCROW AGENT
_____________________________________
_____________________________________
Title
_____________________________________
Print Name
_____________________________________
Signature
[IF REQUIRED] REVIEWED AS TO FORM:
_____________________________________
Counsel for Owner
_____________________________________
Print Name
_____________________________________
Date
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At the time the Escrow Account is opened, Owner and Contractor shall deliver to Escrow Agent a fully executed counterpart of this Document.
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Lift Station Improvement Program No. 21-8022
Project No. 21-8022
CONTRACTOR'S CERTIFICATION OF COMPLETION
DATE: ________________________
TO: City of San Marino
Office of the City Engineer
Parks and Public Works Department
2200 Huntington Drive
San Marino, California 91108
FROM: __________________________________________________________ (Firm or Corporation)
PROJECT: LIFT STATION IMPROVEMENT PROGRAM, CIP No. NO. 21-8022 This is to certify that I, acting as an authorized official of the above stated firm or corporation, have been properly authorized by said firm or corporation to sign the following statements pertaining to the subject Project and Contract Documents:
1. I know, of my own personal knowledge, and do hereby certify, that the work of the contract described above has been performed, and materials used and installed in every particular, in accordance with, and in conformity to, the Bid, Contract Documents and Contract.
2. The contract work is now complete in all parts and requirements, and ready for your final inspection.
3. I understand and agree that neither the determination by the Owner that the work is complete, nor the acceptance thereof by the Owner, shall operate as a bar to claim against the Contractor under the terms of the guarantee provisions of the Contract Documents or as a bar or waiver of tort and contract claims that might be alleged with respect to performance of the work.
Signature of Prime Contractor Signature of Prime Contractor Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.) PAGE 58 of 352
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CONTRACTOR’S AFFIDAVIT OF DISPOSAL
WHEREAS, on the ______ day of ____________________, 20______, the undersigned entered into and executed a contract with City of San Marino for the LIFT STATION IMPROVEMENT PROGRAM NO. 21-8022 as particularly described in said contract and identified as CIP No. NO. 21-8022, and WHEREAS, the specifications of said contract requires the Contractor to affirm that "all brush, trash, debris, and surplus materials resulting from this project have been disposed of in a legal manner" and that all designated recyclable materials are properly recycled in compliance with the City of San Marino Ordinances.
WHEREAS, said contract has been completed, all surplus materials disposed of, and proof of compliance with the City of San Marino Municipal Code has been furnished.
NOW, THEREFORE, in consideration of the final payment by the City of San Marino to said Contractor under the terms of said contract, the undersigned Contractor, hereby certifies and affirms under penalty of perjury that all surplus materials as described in said contract have been disposed of at the following location(s):
Type of material disposed of Type of material disposed of Name of disposal site Name of disposal site
Address of disposal site Address of disposal site
Type of material disposed of Type of material disposed of Name of disposal site Name of disposal site
Address of disposal site Address of disposal site
By signing and submitting this form to the City of [_____________] on this ____ day of ___________, 20___, I (we) hereby certified and swear under penalty of perjury under the laws of the State of California that the aforementioned information is true and correct without omission, error or misrepresentation.
Signature of Prime Contractor Date Signature of Prime Contractor Date Print name and title Print name and title
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CONSENT OF SURETY FOR FINAL PAYMENT
In accordance with the provisions of the contract between the Owner and the Contractor, and the following named Surety:
on the Payment Bond in the amount of Dollars,
of the following named Contractor:
hereby approves of final payment to the Contractor, and further agrees that said final payment to the Contractor shall not relieve the Surety named herein of any of its obligations to the Owner, as set forth in said Surety company's bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this _______ day of _________________, 20_____.
Signature of Authorized Surety Representative
Title
(CORPORATE SEAL)
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CONTRACTOR’S AFFIDAVIT OF PAYMENT
To All Whom It May Concern:
WHEREAS, the undersigned has been contracted by the City of San Marino to furnish labor and materials for the [LIFT STATION IMPROVEMENT PROGRAM NO. 21-8022], CIP No. NO. 21-8022, under a contract dated the ______day of __________________, 20___, in the City of [_____________], County of [_____________], State of California, of which City of [_____________] is the Owner.
NOW, THEREFORE, this _________ day of ___________________, 20___ the undersigned, as the Contractor for the above-named Contract pursuant to the Conditions of the Contract hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in anyway be held responsible.
EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.)
Signature of Prime Contractor Date Signature of Prime Contractor Date Print name and title Print name and title
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GUARANTEE AGREEMENT
TO:The CITY OF San Marino (Owner), for construction of the [PROJECT AND ADDRESS].
The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein.
1.01 Contractor hereby grants to Owner for a period of [one year] following the date of Final Acceptance of the Work completed, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work.
1.02 Neither final payment nor use nor occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship.
Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within [one year], or longer if specified, from the date of Final Acceptance of the Work completed.
1.03 If within [one year] after the date of Final Acceptance, or such other period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents or any extended warranty or guaranty, any Work is found to be Defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct such Defective Work. Contractor shall remove any Defective Work rejected by Owner and replace it with Work that is not Defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to comply promptly with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the Defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.
1.04 Contractor shall respond within 72 hours to any claim made by Owner pursuant to this guaranty.
1.05 Observation and inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be Defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period.
1.06 This Guaranty is in addition to any other Contractor warranties contained in the Contract Documents, and not in lieu of, any and all other Contractor liability imposed under the Contract Documents or at law. In the event of any conflict or inconsistency between the terms of this Guaranty PAGE 63 of 352
Rev. 0
August 2023
COC-7
Project No. 21-8022
and any Contractor warranty or obligation Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the greater protection to Owner. (Signature line on next page)
Date: _______________________________, 20___
Contractor's Name
By:
Signature
Print Name
Title
Street Address
City, State, Zip code
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APPENDIX 1 - AGREEMENT
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APPENDIX 2 – CERTIFIED PAYROLL FORMS
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APPENDIX 3 – CLOSE OUT DOCUMENTS
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APPENDIX 4 – PLAN SHEETS
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City of San Marino
Public Works Department
Request for Qualifications /Request for Proposals for Project Management/Construction Inspection Services for Lift Station Improvement Program, Project No. 21-8022, Due: November 6, 2023
-
Z&K Consultants, Inc.
Principal Place of Business: 17130 Van Buren Boulevard, Suite 122, Riverside, CA 92504 Project Manager: Zack Faqih, PE, QSD/P, MSCE, CBO, ICC Cert.
Contact for Clarification: Crystal Fraire, PE, QSD/P, President [email protected] | o. 951.310.7470 | f. 949.630.3242
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SECTION 1:
PROPOSAL SUMMARY
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Table of Contents
Section 1. Proposal Summary
Title Page ......................................................................................................................... 1 Table of Contents............................................................................................................ 3 Proposal Organization Checklist................................................................................... 4 Transmittal Letter............................................................................................................ 5 Executive Summary........................................................................................................ 6 Project Manager Qualifications and Experience.......................................................... 7 Project Manager Client References............................................................................. 18 Proposal.......................................................................................................................N/A Subconsultants ...............................................................................................N/A Proposed Approach.......................................................................................... 19 Performance Criteria......................................................................................... 24 Section 2. Financial and Related Information
Financial and Related Information .............................................................................. 30 Claims and Litigation History ...................................................................................... 30 Letter from Insurance Broker....................................................................................... 31 Section 3. Response Forms
Proposal Authorization, Exhibit H............................................................................... 39 Acknowledgement of Addendum Form(s), Exhibit I ................................................. 40 Acceptance of Form of Professional Services Agreement, Exhibit E...................... 43 Section 4. Discretionary Supplemental Materials
Explanation of Relevancy of Discretional Supplementary Materials....................... 46 Supplementary Materials.............................................................................................. 46 Cost Proposal (Submitted Separately)
PAGE 88 of 352
1 Exhibit G
PROPOSAL ORGANIZATION CHECKLIST
All forms are to be completed and any materials submitted with the proposal pursuant to Section 5.1.1 of the RFP.
SECTION 1 Proposal Summary
Title Page
Transmittal Letter
Table of Contents
Proposal Organization Checklist, Exhibit G
Executive Summary
Project Manager Qualifications and Experience
Project Manager Client References
Subconsultants
Proposed Approach
Performance Criteria
SECTION 2 Financial and Related Information
Financial and Related Information
Claims and Litigation History
Letter from Insurance Broker
SECTION 3 Response Forms
Proposal Authorization, Exhibit H
Acknowledgment of Addendum Form(s), Exhibit I
Acceptance of Form of Professional Services Agreement, including any proposed modifications, Exhibit E
SECTION 4 Discretionary Supplemental Materials
Explanation of relevancy of discretional supplementary materials Supplementary materials
Cost Proposal (Submitted Separately via email to [email protected])
PROPOSAL ORGANIZATION CHECKLIST
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TRANSMITTAL LETTER
November 6, 2023
Amber Shah, PE, Director of Parks and Public Works/City Engineer City of San Marino, Parks and Public Works Department
2200 Huntington Drive, San Marino CA 91108
Subject: Request for Qualifications/Request for Proposals for Project Management/Construction Inspection Services for Lift Station Improvement Program, Project No. 21-8022
Dear Ms. Shah,
Z&K Consultants Inc. (Z&K) proudly presents our proposal to the City of San Marino’s RFQ/RFP for Project Management/Construction Inspection Services for Lift Station Improvement Program, Project No. 21-8022. Our Team recently completed the City of San Marino’s Street Rehabilitation Program, Project No. 20-9271 and San Marino’s Street Rehabilitation Program, Project No. 21-9271.
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 Construction Management, Construction Inspection, Plan Review, Project Management, Staff Augmentation, and other Professional Engineering Consulting Services.
Z&K is proposing the same team that worked with the City to successfully deliver the City of San Marino’s Street Rehabilitation Programs in the past. This Team will work efficiently and with great comradery with City staff to achieve the community's goals for this Project. Z&K will work proactively and diligently with staff to successfully deliver the Project under budget while mitigating numerous unforeseen delays. We understand the vital importance of community outreach in keeping councilmembers and the community informed with accurate project schedules and detailed outreach efforts.
Our team prepared a comprehensive risk matrix, identifying various critical elements of the project that will be of top priority for Z&K’s proposed personnel.
Zack Faqih, PE, QSD/P, MSCE, CBO will personally lead the Z&K Team as the Senior Project Manager/Senior Construction Manager. Mr. Faqih has a strong team of highquality senior individuals to perform the tasks outlined in this RFP. Mr. Tom Dawson, CBO, ICC Cert. will be full-time Construction Manager/Senior Construction Inspector on the project. He successfully delivered the City’s previous project. Ms. Brittany Duhn, PE, QSD/P will be the Office Engineer on the project to support the construction inspector and administer the weekly meetings.
Our Team understands that the City’s Project will perform operational and functional upgrades to the City’s sewage lift station located on Avondale Road, with potential upgrades to the City’s other two sewage lift stations (located on Orlando Rd and Monterey Rd) as additive alternates. We understand that the project is out to bid with bids due on November 8, 2023. The City held a mandatory pre-bid meeting on October 24, 2023 and six (6) contractors attended.
Z&K has successfully delivered over 15 lift station improvement projects and over 50 water/wastewater improvement projects serving in a similar capacity over the past 5 years. Our team members’ unmatched experience in Construction Management and Inspection of similar projects makes the Z&K team uniquely qualified to provide the requested services. Z&K is proud of our reputation for having seasoned personnel and of the industry’s recognition of our ability to deliver complex capital improvement projects ahead-of-schedule, under budget, without claims, and with outstanding customer service.
I will serve as the contact person for the full duration of the contract. I am authorized to bind the firm to the terms of the proposal and can be contacted for clarification. Z&K Consultants intends to enter into a Professional Services Agreement with the City for the Services as defined in the RFQ/RFP. We acknowledge that the City issues Addendum No. 1 on October 18, 2023. Z&K Consultants, Inc. is a California C Corporation. I am the person Authorized to negotiate for and contractually obligate the Project Manager pursuant to all terms and conditions stated in the Proposal and shall be contacted for clarification. By signing below, I attest that all information with the proposal is true and correct. The proposal shall remain valid for a period of not less than 120 days from the date of submittal. We are excited about this opportunity to serve the City of San Marino.
Sincerely,
Crystal Fraire, PE, QSD/P | President, Z&K Consultants Inc. 951.310.7470 | [email protected]
17130 Van Buren Blvd, Suite 122, Riverside, CA 92504
The Z&K Team has
successfully completed
over 15 Lift Station
Improvement Projects
and over 50 water /
wastewater projects in
the past 5 years. Our key
personnel have provided
similar services in these
agencies:
• City of Santa
Monica • Long Beach
Utilities
Department
• City of Oceanside • City of Beaumont • San Bernardino Municipal Water
Department
• City of Norwalk • City of Torrance
• City of Vernon
• City of Fullerton
• Western Municipal
Water District
• City of Chino
• City of Lake Forest
Thomas Dawson has
performed a site visit &
preliminary review of the
Project. Mr. Dawson has
successfully delivered
over 12 lift station
improvement projects.
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EXECUTIVE SUMMARY
Z&K Consultants Inc. (Z&K) is a leading provider of Construction Management and Construction Inspection services. We are a full- service civil engineering firm specializing in professional engineering services ranging from construction management, inspection, project management, labor compliance, structural engineering, staff augmentation, and other professional engineering consulting services. Z&K is in a strong financial position and does not have any conditions that may impede our firm’s ability to provide the services requested in this proposal.
Our Team recently completed the City of San Marino’s Street Rehabilitation Program, Project No. 20-9271 and San
Marino’s Street Rehabilitation Program, Project No. 21-9271.
Z&K has exceptional experience providing Construction Management and Inspection services of projects for Southern California municipal agencies in the following project types/features: Lift Station Rehabilitations, Installation of 10 HP Dry-Pit Submersible Pumps, Reinforced Concrete Pedestal, Ductile Iron Suction Piping and Gate Valves, Ductile Iron Piping, Gate and Check Valves, Bypass Systems, Sump Pumps and Sump Pump Discharge Piping, New Wet Well Lining, Rehabilitation of Existing Wet Wells, Dewatering, Electrical Improvements, Bypass Connections, Site Improvements, Asphalt Pavement, Traffic Control, Inlet + Outlet Piping, and other similar features.
Our proposed key personnel are familiar with the City’s expectations and know the community well. The Z&K Team has carefully examined the project’s requirements to identify key personnel best suited to deliver excellent inspection services for this project. Our Team is composed of experts in lift stations, water, sewer, street improvements, transportation, storm drains, sanitation, parks, and public facilities.
Z&K takes a proactive approach to Quality Assurance and Quality Control. We believe that no project is too small for quality and that everyone is responsible for quality. It is our goal to deliver a well-constructed project that will meet the City’s expectations of quality and functionality. We have successfully utilized CM Agency delivery on a host of projects. Through this experience we have developed management procedures that promote collaboration and teamwork, improve quality and maximize the value of the City’s project. Quality Control starts with our inspectors in the field doing their job diligently and being properly equipped to perform their duties. It is our Team’s responsibility to make sure that our personnel have the complete and proper submittals, test equipment, conformed plans and specs, and standards they may need to properly oversee the project. With the right tools, our team members are on site to observe construction operations and materials and compare them with the project plans and specifications.
Z&K Consultants Inc. Business Information
Legal Name Z&K Consultants, Inc.
Certifications DBE, SBE, WBE
Form of the
Organization California C Corporation
Year Founded 2009
DIR Registration No. 1000029878
Point of Contact Crystal Fraire, PE, QSD/P
Z&K has extensive experience providing Construction Management and Inspection Services on similar projects. Over the last 5 years, the Z&K team has provided Services for the following similar contracts and projects:
Olympic Well Field Restoration & Arcadia Water Treatment Plant Expansion (City of Santa Monica) Pilgrim Creek Sewer Lift Station Improvements Project (City of Oceanside) S-25 Sewer Lift Station Rehabilitation Project (Long Beach Utilities Department) 511 Pump Station Design-Build (City of Oceanside)
Wastewater Treatment Plant Expansion/ Renovation & Brine Pipeline Installation Project (City of Beaumont) Digester Gas Beneficial Use Program Service - Third Party CM & Inspection Services At The Margaret H. Chandler Water Reclamation Plant (San Bernardino Municipal Water Department) Alondra Boulevard, Pioneer Boulevard, and 160th Street Water Main Installation Project (City of Norwalk) Van Ness Water Wells Transmission Main Project (City of Torrance) 50th Street Water Main Replacement Project (City of Vernon) Longview Drive Water/Sewer Main Replacement & Street Improvements (City of Fullerton) LADWP Haynes Generating Station Recycled Water Pipeline Project (Long Beach Utilities) LADWP Haynes Generating Station Sewer Pipeline Project (Long Beach Utilities) Victoria Avenue Recharge Water Facility (Western Municipal Water District) Valencia Avenue Water Main Replacement Project (City of Fullerton) Central Avenue and Dupont Avenue Waterline Replacement Project (City of Chino) Yorba Ave & Eucalyptus Ave Sewer Main Replacement Project (City of Chino) San Luis Rey Water Reclamation Facility Digester No. 3 Cleaning and Valve Replacements Project (City of Oceanside) San Luis Rey WWTP and Aeration Basin Effluent Piping Replacement Project (City of Oceanside) State Street Water Treatment Project (City of Chino)
Roja Lift Station Improvement Project (City of Oceanside) Well 11 Pipeline Project (City of Chino)
La Salina WWTP – Flare Relocation and Upgrade (City of Oceanside) San Luis Rey WWTP Digester 3 Cleaning and Rehabilitation (City of Oceanside) San Luis Rey WWTP Digester 4 Cleaning and Rehabilitation (City of Oceanside) These projects include funding from various propositions, STP programs, Metro On-Call, Federal/State/Local Funding, Caltrans (CT), Local Assistance Procedures Manual (LAPM), with CT Oversight (OS), and CT Filing System Procedures.
The Z&K Team has
successfully completed
over 15 Lift Station
Improvement Projects and
over 50 water / wastewater
projects in the past 5 years.
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PROJECT MANAGER QUALIFICATIONS AND EXPIENCE
Our Senior Project Manager/Senior Construction Manager has a team comprised of experiences and highly regarded professionals who have demonstrated a capacity to perform services similar to the Services on a cost-effective basis. Our Team will perform day-to-day Project Services. Z&K Consultants, Inc. is a California C Corporation. Our Team has worked together on numerous similar projects. We understand that substitution of personnel named in the proposal during the Proposal process or during performance of the Services shall require City’s written approval.
ZACK FAQIH, PE, MSCE, QSD/P, CBO, ICC Cert. | PRINCIPAL/RESIDENT ENGINEER SUPPORT (28+ YEARS OF EXPERIENCE)
Zack Faqih, PE, MSCE, QSD/P, CBO, ICC Cert. has 32 years of construction management experience and will be the dedicated Principal for this contract. In this role, he will be responsible for the overall management of the contract. Mr. Faqih has full working knowledge of construction practices for wastewater and water treatment plants and facilities.
He has worked in every position included in this contract. He has extensive experience in the project management, construction management, design, and inspection of water and wastewater projects, involving sewer line rehabilitations, sewer pipelines, water pipelines, treatment plants, lift stations, pump stations, flood risk management, water conservation facilities, water mains, pressure regulating and pumping stations, wells, valves, fittings, and other appurtenances, reservoirs, channels, and storm drains, as well as access roads, culverts, and bridges and has successfully delivered over 17 Sewer Lift Station Rehabilitation Projects. He has extensive experience managing multiple projects in the Inland Empire and Los Angeles areas since 1999.
Mr. Faqih’s experience extends to interfacing and coordinating with the Caltrans-Local Assistance Program, Counties, Cities, Funding Agencies on the local, state, and federal level. He has excellent skills in understanding construction contracts, reviewing and controlling project cost and schedule, negotiating change orders, providing project updates to the client, ensuring timely review of critical path method (CPM) schedule to track any changes in critical path and delays, maintaining project as-builts, and managing multiple subconsultants.
Mr. Faqih’s expertise includes knowledge of Cities & Counties regarding Federal Funding, and in providing guidance and resolution in maintaining claim avoidance. His accumulated knowledge of FHWA/Caltrans/Greenbook Standards & Manuals, Procedures, and chain of command is a valuable tool in gaining agency cooperation and approvals.
He has won several binding arbitrations on behalf of his clients for issues ranging from defective HDPE fusing, concurrent time delay claims, loss of production claims, differing site condition claims, rock claims, and defective concrete. She has served as an Expert Witness for underground claims and scheduling issues.
Mr. Faqih exceeds the minimum requirements of the Department’s ideal candidate:
P Involved remotely and occasionally in person in effective and proactive quality assurance and quality control of the positions noted below.
P Skilled in effective and creative conflict resolution and risk management P Extensive background (30+ years) in construction management of wastewater and water projects including civil, structural, mechanical, electrical, and instrumentation components.
P Skilled in effective and creative conflict resolution and risk management P Claims experience
PROFESSIONAL
REGISTRATION
» Professional Engineer, P.E.
State of California, C57958
» SWPPP (QSD) & (QSP)
Certificate # 22055
EDUCATION
» MSCE - Structures
Cal State Fullerton 2005
» BSCE - Civil /Transportation
Cal State LA 1985
CERTIFICATIONS
» Certified Accessibility
Inspector/Plans Examiner
» Certified Building Official
» Certified Plans Examiner
» Certified Mechanical
Inspector
» Certified Plumbing Inspector
» Certified Electrical Inspector
» OSHA 30 Hour
» State Certified HERS Rater
» Certified Emergency Inspector
» C.G.B.P Certified Green
Building Inspector
» Certified Special Inspector for Fire Proofing
» Certified Special Inspector for Structural Welding
» Certified Special Inspector for Structural Steel
» Certified Special Inspector for Reinforced Concrete
» Certified Special Inspector
for Structural Welding
» Certified Special Inspector for Structural Steel
» Certified Special Inspector
for Reinforced Concrete
PAGE 92 of 352
TOM DAWSON, CBO, ICC CERTIFIED | RESIDENT ENGINEER (25+ YEARS OF EXPERIENCE) Tom Dawson has over 25 years of experience in Construction Management and Inspection on wastewater, building, heavy civil, water treatment, lift stations, pipelines, and recharge water facilities. Mr. Dawson is ICC Certified in electrical, mechanical, plumbing. Mr. Dawson has extensive document control,
schedule management, and day to day management of the
various construction projects in various contracts. Most recently Mr. Dawson managed the City of Santa Monica Olympic Well Field Restoration & Arcadis Water Treatment Plant Expansion Project.
Mr. Dawson has provided project management both during planning stages and with construction management and continuous inspection and onsite project supervision of all trades. He overseed onsite supervision to ensure compliance with all local, state, and federal requirements from concept to completion. He oversees quality control and code compliance inspection services with observation reports for owners, engineers, and local jurisdictions. He provides all required government permits and coordinating required inspections.
He has worked with our key team members and has been accountable to our Principal for an extended period. He has managed multi discipline projects, and we encourage you to contact his references to confirm his writing, time management, and coordination skills. Mr. Dawson will be 100% committed as soon as SBMWD needs him.
Mr. Dawson is accustomed to working closely with District Staff and is one of Z&K’s clients' most trusted personnel. He has worked with the other team members for over 10 years and understands how to resolve issues in the field, when to escalate issues to the Principal, and understands the importance of implementing the Contract as prepared to maintain the design intent.
Mr. Dawson exceeds the minimum requirements of the Department’s ideal candidate:
P 25 years of background in project management and construction management of wastewater and water projects including civil, structural, mechanical, electrical, and instrumentation components.
P Detail-oriented
P Heavily oriented to project administration and document controls P Excellent written skills
P Skilled in schedule management
P Skilled in inspecting against Contract Documents
P Ability to effectively utilize electronic document controls system P Ability to effectively manage field conversations to control and resolve conflict BRITTANY DUHN | DOCUMENT CONTROL/OFFICE ENGINEER (15+ YEARS OF EXPERIENCE) Ms. Duhn has extensive experience of office engineer and project management of major public works and capital improvement projects including water and wastewater projects, involving flood risk management, water conservation facilities, water mains, pressure regulating and pumping stations, wells, valves, fittings, and other appurtenances, reservoirs, channels, and storm drains, as well as access roads, culverts, and bridges. Her recent program and project management experience, managing the City of Chino water/wastewater projects and a $110 million dollar Wastewater Treatment Plant Expansion and Renovation & Brine Pipeline Project in the city of Beaumont, is a great testament of Brittany’s program management and oversight project experience.
This “A-Team” has worked together in this same capacity on multiple lift station improvement projects. This same Team worked on the City of San Marino’s Street Rehabilitation Program. In addition to their extensive project specific experience, this team has great synergy and works very well together as well as with City Staff. All above key members are local to the area and are excited about the opportunity to improve their community. Our strategic and efficient staffing approach also results in significant cost savings to the City. These key members have performed a site visit and performed a preliminary constructability review of the project. We are confident that our proposed “A-Team” will provide outstanding customer service and cost savings for the City.
LICENSES & REGISTRATION
» ICC Certified
» Fire Inspector 1
» Building Plan Examiner
» CA Combination Inspector
» CA Commercial Plumbing
Inspector
» CA Commercial Mechanical
Inspector
» CA Residential Mechanical
Inspector
» CA Residential Electrical
Inspector
» CA Residential Plumbing
Inspector
» Certified Building Official
» CLB License No. 674861
» OSHA 30 Hour Training
PAGE 93 of 352
Mr. Faqih has 32 years of experience in the project management, construction management, design, and inspection of water and wastewater projects, involving sewer line rehabilitations, sewer pipelines, water pipelines, treatment plants, lift stations, pump stations, flood risk management, water conservation facilities, water mains, pressure regulating and pumping stations, wells, valves, fittings, and other appurtenances, reservoirs, channels, and storm drains, as well as access roads, culverts, and bridges and has successfully delivered over 17 Sewer Lift Station Rehabilitation Projects. He has extensive experience managing multiple projects in the Inland Empire and Los Angeles areas since 1999. Mr. Faqih’s experience extends to interfacing and coordinating with the Caltrans-Local Assistance Program, Counties, Cities, Funding Agencies on the local, state, and federal level. He has excellent skills in understanding construction contracts, reviewing and controlling project cost and schedule, negotiating change orders, providing project updates to the client, ensuring timely review of critical path method (CPM) schedule to track any changes in critical path and delays, maintaining project as-builts, and managing multiple subconsultants. Mr. Faqih’s expertise includes knowledge of Cities & Counties regarding Federal Funding, and in providing guidance and resolution in maintaining claim avoidance. His accumulated knowledge of FHWA/Caltrans/Greenbook Standards & Manuals, Procedures, and chain of command is a valuable tool in gaining agency cooperation and approvals.
Relevant Project Experience
City of Oceanside: Pilgrim Creek Sewer Lift Station Improvements Project, Oceanside, CA – Senior Project Manager: The project includes civil, mechanical, structural, electrical and controls improvements including existing panel modification, new variable frequency drives, service conduits, conductors, and Supervisory Control Data Acquisition (SCADA) feedback signal for a new suction pressure transducer for water surface elevation level control at the City of Oceanside’s Pilgrim Creek Sewer Lift Station. Pilgrim Creek Lift Station was originally constructed in 1976 and is located at 855 Douglas Drive. The existing lift station is comprised of a concrete wet well, (modified) dry well, two submersible pumps, valves, piping, flow meter, motors, electrical and controls. The pump station has become an operational risk for Collections and reached the end of its useful life.
S-25 Sewer Lift Station Rehabilitation Project | Project Manager: Project is ahead of schedule and within budget. The sewer rehabilitation includes installing a 25’ manhole and a 12” VCP bypass line, rehabilitating the existing wet well, performing list station bypass and shutdown, and removing and replacing all electrical, pumps, generators and other equipment. This project includes complex dewatering to install the 25’ manhole. The project has been brought from the design phase to construction to have the manhole installed during the dry weather season. The California Coastal Commission exemption was expedited to meet project deadlines and ensure that the dewatering and bypass will be completed during the dry weather season.
EDUCATION
» MSCE - Structures
Cal State Fullerton 2005
» BSCE - Civil /Transportation
Cal State LA 1985
LICENSES & REGISTRATION
» Professional Engineer, P.E.
State of California, C57958
» SWPPP (QSD) & (QSP)
Certificate # 22055
» Certified Accessibility
Inspector/Plans Examiner
» Certified Building Official
» Certified Plans Examiner
» Certified Mechanical Inspector
» Certified Plumbing Inspector
» Certified Electrical Inspector
» OSHA 30 Hour
» State Certified HERS Rater
» Certified Emergency Inspector
» C.G.B.P Certified Green
Building Inspector
» Certified Special Inspector for
Fire Proofing
» Certified Special Inspector for
Structural Welding
» Certified Special Inspector for
Structural Steel
» Certified Special Inspector for
Reinforced Concrete
Zack Faqih, MSCE, PE, QSD/QSP
Sr Project Manager/Sr Construction Inspector
Relevant Key Highlights:
§ Construction Management
§ Project Management
§ Construction Inspection
§ Contract Administration
§ Constructability Reviews
§ Value Engineering
§ Labor Compliance Overview
§ Change Order Review
§ Submittal Review
§ Request for Information Review
§ SWPPP/NPDES Compliance
§ Materials Testing Coordination
§ Utility Coordination
§ Agency Coordination
§ Construction Survey
§ CAL-OSHA Safety Compliance
§ Quality Control/Quality
Assurance
§ Lift Station Rehabilitations
§ Installation of 10 HP Dry-Pit
Submersible Pumps
§ Reinforced Concrete Pedestal
§ Ductile Iron Suction Piping and
Gate Valves
§ Ductile Iron Piping
§ Gate and Check Valves
§ Bypass Systems
§ Sump Pumps and Sump Pump
Discharge Piping
§ New Wet Well Lining
§ Rehabilitation of Wet Wells
§ Dewatering
§ Electrical Improvements
§ Bypass Connections
§ Site Improvements
§ Asphalt Pavement
PAGE 94 of 352
City of Chino: Yorba Avenue & Eucalyptus Avenue Sewer Main Replacement Project | Senior Construction Manager/Resident Engineer: This Project includes the replacement of an existing 10-inch vitrified clay sewer pipe along Yorba Avenue between Murrieta Street and Cheyenne Way. There are two industrial businesses discharging wastewater with combined volumes of approximately 400,000 GPM, when compliant. The City’s current Sewer Master Plan shows a “bottle-neck” effect occurring downstream at Eucalyptus between Yorba Avenue and Monte Vista Avenue and must be remediated. The project includes an independent sewer flow study to assist the City in a decision to remove and replace or add additional sewer line(s) at these locations. Ms. Duhn prepared authorization documentation, prepares and maintained the project budgets and schedules, administered project contracts, coordinated monthly project construction reports, made recommendations on contractor submittals, and coordinated project close-out activities.
WMWD: Victoria Avenue Recharge Water Facility, Riverside, CA | Senior Project Manager/Senior Construction Manager: This major capital improvement project for Western Municipal Water District includes the installation of new groundwater extraction wells to increase the groundwater basin quantity and improve its quality. Major improvements on this project include electrical improvements, grading operations, the installation of three stormwater basins, interior access roads improvement, two concrete rerouting channels into the water basin, stormwater collection structure, and 4000 linear feet of 20” reclaimed water pipeline. Mr. Faqih supported and directed inspection, documentation, and field testing, oversaw implementation of environmental permits, ensured compliance with DBE requirements, maintained project documents, prepared monthly project progress reports, reviewed records of the work, and authorized final punch list item completion and project closeout.
City of Oceanside: San Luis Rey Wastewater Treatment Plant and Aeration Basin Effluent Piping Replacement, Oceanside, CA | Senior Project Manager/Senior Construction Manager: The project scope of work includes the reconfiguration of system connection piping, including six 24-inch aeration basin effluent piping, electrical improvements including new electrical distribution equipment and connections to existing equipment, installation of new digester gas piping, installation of new plug valves, fittings, pipe, wall penetrations and installations of gate valves and flow meters or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. Mr. Faqih coordinated the project start and all progress meetings and oversaw all documents pertaining to the project, including change orders, requests for information, as-built drawings, record drawings, contractor submittals, and mix designs.
City of Oceanside: San Luis Rey Water Reclamation Facility Digester No. 3 Cleaning and Valve Replacements, Oceanside, CA | Senior Project Manager/Senior Construction Manager. The scope of work includes construction at the City of Oceanside San Luis Rey Water Reclamation Facility for cleaning and rehabilitating Digester No. 3 and replacing existing valves and sections of pipe and fittings, including: Cleaning, removal, and disposal of the contents of Digester No. 3, temporary odor control, interior and exterior inspection of coating, seismic retrofit of existing structures, installing plug valves to replace existing valves inside the Control Building for Digester No. 3, reconfiguration and installation of ductile iron pipe and fittings to replace existing PVC pipe and fittings inside the Control Building for Digester No. 3, and installing pipe support for new ductile iron pipe. provided full construction inspection services, document management, coordinated geotechnical and materials testing with retained laboratory, provided and maintained contract administration, implemented procedures for processing RFIs, and ensured compliance with all project plans and specifications, permitting requirements, agency requirements, and local regulations.
City of Vernon: 50th Street Water Main Replacement Project, Vernon, CA | Senior Project Manager/Senior Construction Manager: The project’s scope of work includes demolition and reconstruction of the 12-inch ductile iron pipeline and all associated renovations to the City’s existing water services, such as installation of all appurtenances, fittings, valves, blow-offs, siphons, concrete pipe supports, thrust blocks, trenching, bedding and backfill, replacement of traffic markings, shoring, over excavation, fill re-grade, temporary and permanent pavement, steel plating, and roadway improvements and repair.
LA County Sanitation District: Secondary Treatment Facility, Whittier Narrows Water Reclamation Plant, Whittier, CA | Senior Project Manager/Senior Construction Manager: This $9M project constructed a new RAS pump station and pipe gallery and installed process air compresses, fine air diffusion, mechanical piping, pumping equipment, power, and controls. Mr. Faqih understands and is proficient at various maintenance of plan operations. He provided full construction inspection services, document management, coordinated geotechnical and materials testing with retained laboratory, provided and maintained contract administration, implemented procedures for processing RFIs, and ensured compliance with all project plans and specifications, permitting requirements, agency requirements, and local regulations.
City of Beaumont: Wastewater Treatment Plant Expansion/Renovation & Brine Pipeline Installation Project, Beaumont, CA | Senior Project Manager/Senior Construction Manager: This project consists of expanding and upgrading the City’s WWTP from 4 MGD to 6 MGD. The WWTP upgrades include installation of Membrane system, Reverse osmosis system for salt mitigation, dewatering system, and sludge solar drying beds. A 23-mile Brine Pipeline was installed to covey brine from the WWTP location to the Inland Empire Brine Line (IEBL) in San Bernardino. This brine will be treated at Orange County Sanitation District (OCSD). Mr. Faqih provided construction inspection for this project with daily tasks including inspection of pipeline welding and installation, ensuring safety and compliance with SWPPP, preparation of daily reports, change order review, and quantity calculations.
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Mr. Dawson is a multidisciplined Resident Engineer and Project Manager/Senior Construction Inspector that has over 30 years of experience in construction management, construction inspection, contracting, quality control, and management of large-scale infrastructure improvement project including pipeline projects, transmission mains, booster pump stations, tans, cathodic pressure systems, wastewater and water treatment plants, as well as structural buildings, street rehabilitations, grade separations, retaining walls, freeway rehabilitation, sewer & drainage disposal systems, bridge seismic retrofits, and utility relocations and has successfully delivered over 12 lift station rehabilitation projects. He has extensive experience managing multiple projects in the Inland Empire and Los Angeles areas since 1999. Mr. Dawson’s experience extends to interfacing and coordinating with the Caltrans-Local Assistance Program, Counties, Cities, Funding Agencies (Local, State, Federal-Federal Highway Administration {FHWA}). He has excellent skills in understanding construction contracts, review and control project cost and schedule, coordinate and assist in negotiating change orders, provide project updates to the client, ensure timely review of critical path method (CPM) schedule to track any changes in critical path and delays, managing multiple subconsultants and supervise inspection staff. Mr. Dawson is familiar with the Greenbook, Caltrans standard specifications and plans, as well as with the Federal Department of Labor and State of California Division of Labor Standards Enforcement (DSLE) Compliance Monitoring Unit (CMU) requirements and equal employment opportunity compliance monitoring. Mr. Dawson has served as a Resident Engineer and Resident Inspector for numerous capital improvement projects, including transmission mains, tanks, reservoirs, pipeline projects, water and wastewater treatment plants, booster stations, and lift stations. He is experienced in setting up and maintaining project files, processing progress payments, and maintaining various logs, including submittals, and RFI’s.
Mr. Dawson’s expertise includes knowledge of Cities & Counties regarding Federal Funding, and in providing guidance and resolution in maintaining claim avoidance. His accumulated knowledge of FHWA/Caltrans/Greenbook Standards & Manuals, Procedures, and chain of command is a valuable tool in gaining agency cooperation and approvals. His role includes providing daily reports, weekly news letters, and monthly reports. He is thoroughly familiar with the local environment, upcoming projects, local agencies, environmental and regulatory permitting agencies. He also specializes in constructability/bidability reviews for compliance with various permits and temporary drainage handling systems during construction, falsework & shoring review for all the temporary structures, claim avoidance, and evaluation, schedule review, and cost impacted change and negotiations.
Relevant Project Experience
City of Oceanside: Roja Lift Station Improvement Project, Oceanside, CA | Project Manager/Senior Construction Inspector: The project scope of work consists of construction of civil, mechanical, structural, electrical, controls, and instrumentation improvements at the City of Oceanside’s Roja Lift Station. The existing lift station wet well that currently houses submersible pumps and piping is constructed of unlined concrete (pre-cast sections). The lift station structures and mechanical components have reached the end of their useful life and require complete rehabilitation. The existing submersible pumps will be removed and replaced with new submersible chopper pumps on slide rail systems that will be installed inside of the existing/rehabilitated wet well. The demolition and disposal of existing piping, pumps, valves, chain link fencing, concrete and asphalt pavement is included, per Plan. Additional accessibility improvements will provide Collections staff with a safe and reliable means for ingress and egress, including additional working clearances. The project includes a new concrete valve vault, rehabilitated wet well, replacement of force main yard piping, seismic retrofit of the Thomas Dawson, CBO, ICC Certified
Project Manager/Senior Construction Inspector
LICENSES & REGISTRATION » International Code Counsel
(ICC) certifications » Fire Inspector 1
» Building Plan Examiner
» California Commercial
Electrical
» California Combination
Inspector
» Combination Inspect/Legacy
» California Commercial
Plumbing Inspector
» California Commercial
Mechanical Inspector
» California Residential
Mechanical Inspector
» California Residential
Electrical Inspector
» California Residential
Plumbing Inspector
» Certified Building Official
(CBO)
» CLB License Number 674861
» OSHA 30 Hour Training
» Traffic Control and Flagger Safety Training
» Trench Shoring Safety Training
» Fall Protection Safety Training
» Confined Space Rescue/Entry
Safety Training
Relevant Key Highlights:
§ Construction Management
§ Project Management
§ Construction Inspection
§ Contract Administration
§ Constructability Reviews
§ Value Engineering § Labor Compliance Overview § Change Order Review § Submittal Review
§ Request for Information Review
§ SWPPP/NPDES Compliance
§ Materials Testing Coordination § Utility Coordination § Agency Coordination
§ Construction Survey
§ CAL-OSHA Safety Compliance § Quality Control/Quality
Assurance
§ Lift Station Rehabilitations
§ Installation of 10 HP Dry-Pit
Submersible Pumps
§ Reinforced Concrete Pedestal
§ Ductile Iron Suction Piping and
Gate Valves
§ Ductile Iron Piping
§ Gate and Check Valves
§ Bypass Systems
§ Sump Pumps and Sump Pump
Discharge Piping § New Wet Well Lining
§ Rehabilitation of Wet Wells
§ Dewatering
§ Electrical Improvements
§ Bypass Connections
§ Site Improvements § Asphalt Pavement
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existing structure, fall-protection safety improvements, such as exterior steel stairwell railings, as well as civil site work, new level control devices, various associated electrical and control system improvements, temporary bypass pumping, and appurtenant lift station improvement features, per Plan. The project includes civil, mechanical, structural, electrical and controls improvements including existing panel modification, new variable frequency drives, service conduits, conductors, and Supervisory Control Data Acquisition (SCADA) feedback signal for a new suction pressure transducer for water surface elevation level control at the City of Oceanside’s Pilgrim Creek Sewer Lift Station. Pilgrim Creek Lift Station was originally constructed in 1976 and is located at 855 Douglas Drive. The existing lift station is comprised of a concrete wet well, (modified) dry well, two submersible pumps, valves, piping, flow meter, motors, electrical and controls. The pump station has become an operational risk for Collections and reached the end of its useful life.
S-25 Sewer Lift Station Rehabilitation Project | Project Manager: Project is ahead of schedule and within budget. The sewer rehabilitation includes installing a 25’ manhole and a 12” VCP bypass line, rehabilitating the existing wet well, performing list station bypass and shutdown, and removing and replacing all electrical, pumps, generators and other equipment. This project includes complex dewatering to install the 25’ manhole. The project has been brought from the design phase to construction to have the manhole installed during the dry weather season. The California Coastal Commission exemption was expedited to meet project deadlines and ensure that the dewatering and bypass will be completed during the dry weather season.
Olympic Well Field Restoration and Arcadia Water Treatment Plant Expansion, City of Santa Monica | Project Manager/Senior Construction Inspector: The Olympic AWTF is a new well head treatment facility for the Olympic Well Field and will be designed for the removal of 1,4-Dioxane, 1,2,3-TCP, TCE and PCE from the Olympic Well Field before it is treated further at the Arcadia WTP along with groundwater from the Charnock and Arcadia Well Fields. The treatment process for the proposed Olympic AWTF is comprised of the ultraviolet light with hydrogen peroxide advanced oxidation process (UV/H202 AOP) followed by granular activated carbon (GAC) system. The upgrade and expansion of the Arcadia WTP aims to achieve an overall recovery of 90 percent or greater. A new concentrate treatment technology (Flow Reversal RO) will be implemented to increase overall potable water production capacity and reduce concentrate discharge to the sewer system. Additional improvements to various ancillary facilities (e.g., chemical storage and feed systems, cartridge filters, pumps, blowers, etc.) at the Arcadia WTP will also be completed to increase its raw water treatment capacity from 10 to 13 MGD. The treatment facility will be located within the secured area of the Arcadia WTP.
Western Municipal Water District: Victoria Avenue Recharge Water Facility, Riverside, CA | Resident Engineer: This project includes the installation of new groundwater extraction wells to help increase the groundwater basin quantity and improve its quality. Major improvements include SCADA and Storage Building, installation of three stormwater basins, interior roadway improvements, concrete trapezoidal rerouting channels into the water basin, stormwater collection structure, installation of 4000 linear feet of 20” reclaimed water pipeline connecting the gage canal reservoir into the three proposed storm water basins.
City of Vernon: 50th Street Water Main Replacement Project, Vernon, CA | Project Manager/Senior Construction Inspector: The project’s scope of work includes demolition and reconstruction of the 12-inch ductile iron pipeline and all associated renovations to the City’s existing water services, such as installation of all appurtenances, fittings, valves, blowoffs, siphons, concrete pipe supports, thrust blocks, trenching, bedding and backfill, replacement of traffic markings, shoring, over excavation, fill re-grade, temporary and permanent pavement, steel plating, and roadway improvements and repair.
City of Oceanside: San Luis Rey Wastewater Treatment Plant and Aeration Basin Effluent Piping Replacement, Oceanside, CA | Resident Engineer: The project scope of work includes the reconfiguration of system connection piping, including six (6) 24-inch aeration basin effluent piping, as well as seismic retrofit of the existing structure, the installation of new plug valves, fittings, pipe, wall penetrations and installations of gate valves and flow meters or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents.
City of Beaumont: Wastewater Treatment Plant Expansion/Renovation & Brine Pipeline Installation Project, Beaumont, CA | Resident Inspector: This project consists of expanding and upgrading the City’s WWTP from 4 MGD to 6 MGD. The WWTP upgrades include installation of Membrane system, Reverse osmosis system for salt mitigation, dewatering system, and sludge solar drying beds. A 23-mile Brine Pipeline was installed to covey brine from the WWTP location to the Inland Empire Brine Line (IEBL) in San Bernardino. This brine will be treated at Orange County Sanitation District (OCSD). Mr. Dawson provided construction inspection for this project with daily tasks including inspection of pipeline welding and installation, ensuring safety and compliance with SWPPP, preparation of daily reports, change order review, and quantity calculations.
Hi-Desert Water District: Wastewater Reclamation Project, Phase I, Yucca Valley, CA | Resident Inspector: This Project is comprised of a wastewater treatment and reclamation facility, a collection system, and private property connections that will help property owners comply with the State’s mandated septic discharge prohibition dates. The system includes over 77 miles of pipeline that will transport wastewater collected from homes to the treatment facility. Existing streets where pipelines are installed will be replaced with new roads. The system will be predominantly gravity fed, reducing energy costs, with three lift stations helping move wastewater uphill where necessary.
City of Laguna Beach: Jasmine Street Storm Drain Improvement Project, CIP No. 154, Laguna Beach, CA | Resident Inspector: The project includes the installation of approximately 2,400 linear feet of storm drainpipe, jacking of one 28-inch steel casing and the installation of a 24-inch PVC pipe within the casing beneath North Coast Highway. The work also includes the installation of a Low-flow diversion with a 12-inch PVC pipe, the installation and/or replacement of catch basins, and connecting storm drain laterals at various locations along the project alignment, trenching, striping, pavement markings, pavement markers, traffic control, and miscellaneous park and private property improvements and landscaping repairs.
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Ms. Duhn has extensive experience of office engineer and project management of major public works and capital improvement projects including water and wastewater projects, involving flood risk management, water conservation facilities, water mains, pressure regulating and pumping stations, wells, valves, fittings, and other appurtenances, reservoirs, channels, and storm drains, as well as access roads, culverts, and bridges. Her recent program and project management experience, managing the City of Chino water/wastewater projects and a $110 million dollar Wastewater Treatment Plant Expansion and Renovation & Brine Pipeline Project in the city of Beaumont, is a great testament of Brittany’s program management and oversight project experience. Brittany provided complete project management and construction management services on this project from inception to substantial completion. She is knowledgeable of the latest construction practices and requirements, communicates effectively, and possesses computer usage and writing skills. His experience includes an extensive background in construction management and inspection, construction contracting, project management, quality control and assurance, and project coordination He has excellent skills in understanding construction contracts, review and control project cost and schedule, coordinate and assist in negotiating change orders, provide project updates to the client, ensure timely review of critical path method (CPM) schedule to track any changes in critical path and delays, maintain project as-builts, managing multiple subconsultants and supervise inspection staff. Ms. Duhn provided construction and project management services that included conceptual, 30%, 60%, 90% and 100% design review and support. She has provided Project Management services for all stages of projects, from design to construction. Brittany managed and oversaw the discretionary review process of CEQA guidelines and requirements, managed budgets and schedules, assisted with the development of budgets, prepared RFPs, prepared sewer rate fees, provided public assistance and information of water and wastewater affecting the community, prepared reports for committees, commissions, and City Council, prepared staff reports, and made oral presentations. Ms. Duhn has a strong background in the fields of water, wastewater, and recycled water engineering design, operations, and construction.
Relevent Project Experience
Wastewater Treatment Plant Expansion/Renovation and Brine Pipeline Installation Project, City of Beaumont - Project Manager/Program Manager/Utility Coordinator/Office Engineer: Ms. Duhn provided Project Management Services for the City of Beaumont Project ($110M), sewer lift stations, and other sewer/pipeline projects. Brittany provided complete project management and construction management services on this project from inception to substantial completion. She prepared funding applications for CWSRF and IBank. Ms. Duhn managed the Proposition 218 process to increase the City’s sewer rates. This process included coordinating with the Utility Rate Consultant, City, and Beaumont Cherry Valley Water District to calculate the rates and prepare the rate study. She oversaw the City’s community meetings, community outreach for the Notice of Public Hearing, and City Council presentations and agenda items. After the rates were established, Ms. Duhn provided support to the City for customers with questions and concerns. Ms. Duhn managed the process the next year to recalculate the rates based on the new water data and implement the rates to provide a smooth transition for the City.
Ms. Duhn assisted in the IS/MND adoption process, CEQA guidelines and requirements, and coordinated with utilities/cities for the Brine Line Project permits. Ms. Duhn prepared Request for Proposals for Construction Management and bid packages for the three (3) contractors. She managed the constructability review process for the wastewater treatment plant project and brine line projects. Ms. Duhn tracked the budgets for the Wastewater Treatment Plant and Brine Line projects and documented all purchase orders/invoices. She prepared WWTP, Brine Line, and wastewater City Council staff reports for change orders, monthly updates, agreements, and other required items for Council. She assisted the City in any tasks necessary to ensure the Project stays on budget and meets any and all scheduled deadlines.
EDUCATION » BSCE - Civil Engineering, California State Polytechnic University, Pomona
LICENSES & REGISTRATION » Professional Engineer, P.E. State of California, #91078 » SWPPP (QSD) & (QSP) Certificate #27609
» 30-Hr. Cal OSHA
» Defensive Driving Training
BRITTANY DUHN, PE, QSD/P
Office Engineer
Relevant Key Highlights:
§ Construction Management
§ Project Management
§ Construction Inspection
§ Contract Administration
§ Constructability Reviews
§ Value Engineering § Labor Compliance Overview § Change Order Review § Submittal Review
§ Request for Information Review
§ SWPPP/NPDES Compliance
§ Materials Testing Coordination
§ Utility Coordination
§ Agency Coordination
§ Construction Survey
§ CAL-OSHA Safety Compliance
§ Quality Control/Quality Assurance
§ Lift Station Rehabilitations
§ Installation of 10 HP Dry-Pit
Submersible Pumps
§ Reinforced Concrete Pedestal
§ Ductile Iron Suction Piping
and Gate Valves
§ Ductile Iron Piping
§ Gate and Check Valves
§ Bypass Systems
§ Sump Pumps and Sump
Pump Discharge Piping § New Wet Well Lining
§ Rehabilitation of Wet Wells
§ Dewatering
§ Electrical Improvements
§ Bypass Connections
§ Site Improvements
§ Asphalt Pavement
PAGE 98 of 352
Ms. Duhn oversaw the Wastewater Pretreatment Program and completed industrial users permits, permit applications, fact sheets, violations, compliance, sewer rates, agreements, and any other tasks related to pretreatment as needed by the City.
She completed and submitted all documentation requested by SAWPA/OCSD, coordinated meetings, and assisted the City in completing the permit applications. Ms. Duhn coordinated with Dairy Farmers of America (DFA), Western Municipal Water District (WMWD), Santa Ana Watershed Project Authority (SAWPA), San Bernardino Valley Municipal Water District (Valley), and the City with any tasks related to purchasing brine line capacity. She assisted the City in submitting all items required by the Santa Ana Regional Water Quality Control Board (SARWQCB) for compliance and coordinated any necessary meetings. Ms. Duhn provided a pretreatment program document analysis to ensure that all ordinances, resolutions, forms, manuals, and reports comply with the Santa Ana Watershed Project Authority’s pretreatment documents and program. Ms. Duhn prepared and published RFPs for the City, including, Recycled Water User Analysis Services, a Lift Station and Force Main Feasibility Study, and Professional Services for a Wastewater Master Plan.
City of Chino: Well 11 Pipeline Project | Project Manager/Office Engineer: This project includes the installation of a new 16” raw water transmission pipeline which will convey groundwater from the City’s Well 11 to the City’s Eastside Water Treatment Facility to remove 1,2,3 TCP and Nitrate from the groundwater. The pipeline alignment ties into an existing 18” raw water transmission pipeline. Design includes a connection to the 18” pipe which will convey the raw water to the Eastside Water Treatment Plant for treatment. Ms. Duhn prepared authorization documentation, prepares and maintained the project budgets and schedules, administered project contracts, coordinated monthly project construction reports, made recommendations on contractor submittals, and coordinated project close-out activities.
City of Chino: State Street Water Treatment Project | Project Manager/Office Engineer: This project includes the construction of a centralized water treatment plant (WTP) at the City’s Reservoir 5 and Well 14 sites. The centralized WTP will treat water supplied from Well 14 (located on-site) and Well 12 (located off-site). The proposed project is anticipated to include cartridge filters, GAC, IX, and chlorination equipment for a total treatment capacity of 4,000 GPM. Duhn prepared authorization documentation, prepares and maintained the project budgets and schedules, administered project contracts, coordinated monthly project construction reports, made recommendations on contractor submittals, and coordinated project close-out activities.
City of Chino: Yorba Avenue & Eucalyptus Avenue Sewer Main Replacement Project | Project Manager/Utility Coordinator: This Project includes the replacement of an existing 10-inch vitrified clay sewer pipe along Yorba Avenue between Murrieta Street and Cheyenne Way. There are two industrial businesses discharging wastewater with combined volumes of approximately 400,000 GPM, when compliant. The City’s current Sewer Master Plan shows a “bottle-neck” effect occurring downstream at Eucalyptus between Yorba Avenue and Monte Vista Avenue and must be remediated. The project includes an independent sewer flow study to assist the City in a decision to remove and replace or add additional sewer line(s) at these locations. Ms. Duhn prepared authorization documentation, prepares and maintained the project budgets and schedules, administered project contracts, coordinated monthly project construction reports, made recommendations on contractor submittals, and coordinated project close-out activities.
City of Chino: Central Avenue and Dupont Avenue Waterline Replacement Project | Project Manager/Utility Coordinator: The Central Avenue project includes the replacement of a 16” steel to an 18” PVC water main on Central Avenue from Chino Avenue to C Street. The Project will also include the replacement of an 8” steel line on D Street pipe from Central Avenue to the alley west of 6th Street. Design for Central Avenue shall include connections to Chino Avenue, D Street, Alley 16, and two additional alleys. Several line stops may have to be used for tie-ins since there is insufficient valving for proper shutdowns along Central Avenue. The Dupont Avenue project includes the replacement of a 8” DIP waterline to a 12” C-900 PVC water main on Dupont Avenue from Alton Street to Gates Street. There are multiple water service connections and fire service laterals that will also need to be replaced.
I-215/Van Buren Interchange Improvement, County of Riverside | Office Engineer: $32M project included the realignment of the Van Buren Boulevard, overcrossing bridge over 1-215 freeway, westbound left turn lane and an eastbound dedicated right turn lane over the freeway, replacing existing railroad overcrossing with pre-cast structure.
Roadway improvements included a right-turn lane for eastbound to northbound entrance ramp, and two westbound receiving lanes to accommodate the southbound exit ramp, new hook-type ramp, auxiliary lanes added to the mainline and the southbound main lane on I-215 were widened to the west to accommodate the ultimate configuration of the freeway. Five retaining walls up to 30 feet high were constructed along Railroad tracks/southbound on-ramp, southbound off ramp, north and south sides of Van Buren Blvd/west of the I-215 freeway, and east of northbound on-ramp to minimize impact to the railroad and MARB right-of-way. Additional features include curb ramps, sidewalk, cross walks, signal and electrical, water line, sewer line, and storm drain installation. This Project includes over 1300 linear feet of 30” waterline installation.
San Bernardino Passenger Rail Project, San Bernardino County Transportation Authority, SBCTA | Office Engineer:
The Downtown San Bernardino Passenger Rail Project extended Metrolink service one-mile from the Santa Fe Depot to the multi-modal San Bernardino Transit Center. This project increases the usage at the Santa Fe Depot and provides a link to additional transit options in San Bernardino, Redlands, and Loma Linda. The San Bernardino Transit Center brings together 22 bus bays to service 10 local and two freeway express Omnitrans bus routes, a San Bernardino Express (sbX) bus rapid transit line, and buses for the Victor Valley Transit Authority and Mountain Area Regional Transit Authority. The work included re-alignment and addition of a second track; additions and modifications of railroad communication and signal systems for centralized traffic control (CTC) and positive train control (PTC); new rail passenger platforms at the depot and new platforms at the transit center station; grade crossing closures and modifications; street and utility improvements; additions and modifications to parking lots landscape and irrigation, grading and security systems; construction of a pedestrian over-pass at the depot; and a Metrolink crew building at the transit center station.
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EXPERIENCE
Z&K Consultants Inc. (Z&K) is a leading provider of Project Management and Construction Management services. We are a full-service civil engineering firm specializing in professional engineering services ranging from program management, project management, staff augmentation, construction inspection, structural engineering, plan review, design and staff augmentation. Z&K has been in existence for over 15 years.
The Z&K Team has successfully completed numerous construction management contracts for similar projects with local municipalities in the past. Our team has extensive knowledge of sewer lift station rehabilitation projects.
PROJECT MANAGER/SENIOR CONSTURCTION INSPECTOR (TOM DAWSON’S) MOST RECENT
PROJECT
Our Project Manager/Senior Construction Inspector is currently wrapping up the $75M Olympic Well Field Restoration & Arcadia Water Treatment Plant Expansion where he served as the Project Manager/Lead Construction Inspector. Project details are as follows:
CITY OF SANTA MONICA | OLYMPIC WELL FIELD RESTORATION & ARCADIA WATER TREATMENT PLANT EXPANSION The Owner recently completed the 2018 Sustainable Water Master Plan (SWMP) Update that refined the pathway to achieve water self-sufficiency and reduce reliance on costly imported water supplies. To provide a diverse, drought resilient water supply for the community, the Owner seeks to develop alternative water supplies and expand local groundwater supplies to maximize all available local water resources.
The Project would accomplish this goal through the restoration of the Olympic Well Field’s pumping capacity with a new Olympic Advanced Water Treatment Facility (co-located at the Arcadia WTP) and upgrade/expansion of the Arcadia WTP.
The Olympic AWTF is a new well head treatment facility for the Olympic Well Field and will be designed for the removal of 1,4-Dioxane, 1,2,3-TCP, TCE and PCE from the Olympic Well Field before it is treated further at the Arcadia WTP along with groundwater from the Charnock and Arcadia Well Fields. The treatment process for the proposed Olympic AWTF is comprised of the ultraviolet light with hydrogen peroxide advanced oxidation process (UV/H202 AOP) followed by granular activated carbon (GAC) system.
The upgrade and expansion of the Arcadia WTP aims to achieve an overall recovery of 90 percent or greater. A new concentrate treatment technology (Flow Reversal RO) will be implemented to increase overall potable water production capacity and reduce concentrate discharge to the sewer system.
Additional improvements to various ancillary facilities (e.g., chemical storage and feed systems, cartridge filters, pumps, blowers, etc.) at the Arcadia WTP will also be completed to increase its raw water treatment capacity from 10 to 13 MGD. The treatment facility will be located within the secured area of the Arcadia WTP. Prior to plant expansion, the maintenance building, chlorine building, and washwater recovery system will be demolished to prepare for subsequent construction activities. Site preparation work will consist of potholing existing utilities to help develop yard piping alignments, a site survey for basemap production, and geotechnical borings in selected locations for the construction of new structures. The work to be performed under this contract includes upgrades to the plant to produce, ultimately, 13 MGD of purified groundwater.
The Arcadia WTP will feature the following project
elements: Iron and manganese filtration system piping
modifications; Modified chemical storage facilities for greater chemical storage; New low pressure RO feed
pump; New RO cartridge filter vessel; Two new UV
reactor vessels and hydrogen peroxide storage area;
Full RO train retrofit for flow reversal RO (FRRO); Existing RO building expansion; Brine tank and pump station; New decarbonator and sump; New chemical
pump mix system; Yard piping; and Electrical upgrades.
The Arcadia AWTP will feature the following project
elements for the restoration of the Olympic Well Field:
New advanced oxidation process (AOP) with granular
activated carbon (GAC) hydrogen peroxide quenching
vessels (may be used for contaminant absorption); New hydrogen peroxide storage facilities (canopy structure); Yard piping; and Electrical upgrades. For the AWTP, two existing greensand pressure filters for pretreatment
filtration will be hydraulically isolated to pre treat water for the AWTF. This Project is on time and under 5% Change Orders.
SERVICES PROVIDED
Program Management, Construction
Inspection, & Construction
Management
PROGRAM VALUE
$75,000,000
PROGRAM FEE
$1.4 million
DATES
January 2021 – Ongoing
PROPOSED STAFF INVOLVED
Thomas Dawson – Resident
Engineer
CLIENT/REFERENCE
City of Santa Monica
Carlos Rosales, City Project
Manager
310.628.9368
[email protected]
Our team is the best
suited for this project. Our
team has successfully
delivered over 50 similar
projects and our key
members each have over
25 years of experience.
PAGE 100 of 352
PROJECT MANAGER AND FIRM EXPERIENCE
PROJECT
TITLE/AGENCY BRIEF NARRATIVE/DESCRIPTION ROLE ON PROJECT
FINAL PROJECT OUTCOME & CLIENT
BENEFITS
Roja Lift Station Improvement Project,
Oceanside, CA (City of Oceanside)
The project scope of work consists of construction of civil, mechanical, structural, electrical, controls, and instrumentation improvements at the City of Oceanside’s Roja Lift Station. The existing lift station wet well that currently houses submersible pumps and piping is constructed of unlined concrete (pre-cast sections). The lift station structures and mechanical components have reached the end of their useful life and require complete rehabilitation. The existing submersible pumps will be removed and replaced with new submersible chopper pumps on slide rail systems that will be installed inside of the existing/rehabilitated wet well. The demolition and disposal of existing piping, pumps, valves, chain link fencing, concrete and asphalt pavement is included, per Plan. Additional accessibility improvements will provide Collections staff with a safe and reliable means for ingress and egress, including additional working clearances. The project includes a new concrete valve vault, rehabilitated wet well, replacement of force main yard piping, seismic retrofit of the existing structure, fall-protection safety improvements, such as exterior steel stairwell railings, as well as civil site work, new level control devices, various associated electrical and control system improvements, temporary bypass pumping, and appurtenant lift station improvement features, per Plan. The project includes civil, mechanical, structural, electrical and controls improvements including existing panel modification, new variable frequency drives, service conduits, conductors, and Supervisory Control Data Acquisition (SCADA) feedback signal for a new suction pressure transducer for water surface elevation level control at the City of Oceanside’s Pilgrim Creek Sewer Lift Station. Pilgrim Creek Lift Station was originally constructed in 1976 and is located at 855 Douglas Drive. The existing lift station is comprised of a concrete wet well, (modified) dry well, two submersible pumps, valves, piping, flow meter, motors, electrical and controls. The pump station has become an operational risk for Collections and reached the end of its useful life.
Project &
Construction
Management
On-going, Under 2% Change Orders.
S-25 Sewer Lift
Station Rehabilitation
Project (Long Beach
Utilities Department)
Project is ahead of schedule and within budget. The sewer rehabilitation includes installing a 25’ manhole and a 12” VCP bypass line, rehabilitating the existing wet well, performing list station bypass and shutdown, and removing and replacing all electrical, pumps, generators and other equipment. This project includes complex dewatering to install the 25’ manhole. The project has been brought from the design phase to construction to have the manhole installed during the dry weather season. The California Coastal Commission exemption was expedited to meet project deadlines and ensure that the dewatering and bypass will be completed during the dry weather season.
Project &
Construction
Management
On-going, Under 1% Change Orders.
Olympic Well Field
Restoration and
Arcadia Water
Treatment Plant
Expansion (City of
Santa Monica)
The Olympic AWTF is a new well head treatment facility for the Olympic Well Field and will be designed for the removal of 1,4-Dioxane, 1,2,3-TCP, TCE and PCE from the Olympic Well Field before it is treated further at the Arcadia WTP along with groundwater from the Charnock and Arcadia Well Fields. The treatment process for the proposed Olympic AWTF is comprised of the ultraviolet light with hydrogen peroxide advanced oxidation process (UV/H202 AOP) followed by granular activated carbon (GAC) system. The upgrade and expansion of the Arcadia WTP aims to achieve an overall recovery of 90 percent or greater. A new concentrate treatment technology (Flow Reversal RO) will be implemented to increase overall potable water production capacity and reduce concentrate discharge to the sewer system. Additional improvements to various ancillary facilities (e.g., chemical storage and feed systems, cartridge filters, pumps, blowers, etc.) at the Arcadia WTP will also be completed to increase its raw water treatment capacity from 10 to 13 MGD. The treatment facility will be located within the secured area of the Arcadia WTP.
Construction
Management
& Inspection
On time and Under 5% Change Orders.
511 Pump Station
Design-Build (City of
Oceanside)
This was a design-build project awarded to Filanc Construction by the City of Oceanside. The CM Team was asked to provide owner oversight services during the design-build construction of the 511 Pump Station upgrades. This project included the modification of the existing pump station as well as the installation of approximately 2,500 linear feet of 18-inch Ductile Iron water main. The water main extended from the pump station along the San Luis Rey River alignment out to a new connection in Foussat Road. The pump station modifications included the modification of an existing clear-well, installation of three new pumps, installation of a new surge tank, addition of an 800kw back-up generator, and the installation of a new control building. Construction Cost: $2.9M. Project Fees: 450k.
Project &
Construction
Management
Modification of 3,125 gpm pump station
Installation of 2,500 lf 18” ductile iron water
main
Wastewater Treatment
Plant Expansion/
Renovation & Brine
Pipeline Installation
Project (City of Beaumont)
The City of Beaumont’s Wastewater Treatment Plant (WWTP) Expansion/Renovation Project includes will increase the permitted capacity from 4 MGD to 6 MGD. The WWTP’s new treatment processes will be implemented to stay within the plant’s existing property, achieve water quality objectives, and meet build-out flows. To meet the mandated TDS reduction requirements, the City will be implementing a reverse osmosis (RO) process. The pretreatment for the RO system will include two stage screening, grit removal, conventional aeration/biological treatment, and a membrane bioreactor process. The system will continue to utilize UV disinfection. The City is also constructing a 23-mile pipeline that will connect to the Inland Empire Brine Line (IEBL) in San Bernardino to discharge brine that will be treated at Orange County Sanitation District (OCSD). This project will need to be completed while the current WWTP is in full operation.
Construction
Management
& Inspection
On time and Under 5% COs. The Regional
Water Quality Control Board (RWQCB) is
mandating upgrades to the system to meet
requirements. This Project brings the City into
compliance and expands the system to meet
the City’s growing development. This Project
was completed within budget and on schedule.
Digester Gas Beneficial
Use Program Service - Third Party CM &
Inspection Services At
The Margaret H.
Chandler Water
Reclamation Plant
(San Bernardino
Municipal Water
Department)
The CM Team performed numerous roles, including Program Manager for Construction, Principal/Resident Engineer Support, SCAQMD compliance and permit coordination, SCADA specialist, MOPO Coordination, labor compliance, and document control for this multi-project contract to support the Digester Gas Beneficial Use (DGBU) Program. This contract was a combination of projects at the Margaret H. Chandler Water Reclamation Plant which allowed the San Bernardino Municipal Water Department (SBMWD/Department) to meet regulatory mandates imposed by the South Coast Air Quality Management District (SCAQMD), provide redundancy, and ultimately reduce its dependency on imported water with a reliable, sustainable source of treated water for industrial and irrigation purposes. In order to meet these wide ranging goals, The CM Team integrated the Program CM team with the SBMWD’s various departments. The The CM Team ensured that the schedules were met and quality was maintained, all with minimal Plant disruption. This program, with its subprojects, has many elements that are not typical with most Capital Improvement Programs such as the following:
o Pre-Purchase of equipment by the Department, such as the BLM expansion switchgear which was fabricated by IEM Inc. This switch over required careful coordination with SCE and required the SCE work to start at 2:00 AM to prevent disruption to Plant Operations. o Electrical Infrastructure Improvement (EII) Project consisted of the following subprojects to ensure adequate power for the Digester Gas Beneficial Use Program Projects and the Clean Water Factory Project: ALS Electrical Supply Project; BLM Switchgear Upgrade; Mega Duct Bank Project; and SCE Primary Metering Project. o 1110.2 Resultant Project consists of three main projects: Ultra Low Emission Flare, Digester Gas Holding tank, and Blower Centralization Facility. All three of these projects have pre selected equipment from the manufacturer and the Contract documents had a MOU for each. The CM Teame of equipment with a set contract value. o Power Purchase Agreement (PPA) Implementation and coordination for the Fuel Cell Project. o Meeting specific Increments of Progress (IOP)s required by the SCAQMD Hearing Board Case 6124-1 to prevent cancellation of the variance; most importantly the Department shall begin startup testing and commissioning of the final operational process arrangement by June 30, 2021 (“Digester Gas Cutover Date”). o Managing concurrent work and ensuring multiple construction projects are coordinated with items such as staging, Maintenance of Plant Operation (MOPO) shutdown plans, etc.
o Maintaining a secure environment since the Plant is a critical, 24-hour, 7 day a week facility. The CM Team will ensure the SBMWD Standard Specification for Security Procedures will be implemented as well as maintaining the COVID-19 health procedures. It is imperative to keep the critical Plant Staff safe and minimize interactions of large groups.
Program Management, Project
Management, &
Construction
Management
Completed all of the projects within the
Program to meet the SCAQMD Variance
Completed over 1.5 miles of electrical duct
bank around the WRF and installed a new
BLM switchgear
Negotiated and coordinated the installation of
3 pre negotiated equipment including 6 large blowers, a ultra low emission flare, and the largest digester gas holder in the country
Complicated startup and
testing/commissioning due to digester gas flow
and balancing issues
Complex Third-Party Emissions Testing to
satisfy all SCAQMD permits AWARD WINNER
CWEA Santa Ana River Basin Section
First Place – Engineering Achievement Award, 2022-2023
Overall goal to meet the Rule 1110.2 Full
Compliance Date as outlined in the SCAQMD
Variance was met!
Alondra Boulevard,
Pioneer Boulevard,
and 160th Street
Water Main
Installation Project
(City of Norwalk)
The pipeline is 12-inch ductile iron pipe class 350 including fittings, bends, wyes, tees, reducers, adaptors, warning tape, tracer wire, and appurtenances. Project includes abandoning in-place and removal of the existing water mains, filling, flushing and connecting to existing water mains, excavation, trenching, backfill, compacting and restoration of the surface, asphalt paving, 12-inch gate valves, tapping sleeve and valve, meters, installing domestic services, installing fire hydrants and assemblies, and replacing sidewalk, driveways, curb and gutter, spandrels, irrigation, landscaping, traffic loops, and traffic striping and markers. Construction Cost: $7M Construction
Management
& Inspection
On-going, as of now project is 1 month ahead of schedule and Under 1% COs Van Ness Water Wells
Transmission Main
Project (City of Torrance)
The Z&K Team is providing Construction Management and Construction Inspection Services for the City of Torrance’s Van Ness Water Wells Transmission Main project. This City-funded project involves a potable water main installation needed to allow transmission of well water from three wells located in the north part of the City, near Artesia Boulevard and Ven Ness Avenue to an existing storage, treatment and pumping facility in the southern part of the City, near Border avenue and Plaza Del Amo. The project’s scope of work involves the construction of 30-inch, 24-inch, and 18-inch water transmission mains of steel, ductile iron, and high-density polyethylene pipe with appurtenances, high performance storm drains with catch basins and appurtenances and sewer pipe and manhole relocations. Construction Cost: $15M Construction
Management
& Inspection
On-going, as of now project is on time and Under 3% COs 50th Street Water
Main Replacement Project (City of Vernon)
The Z&K Team is providing Project Management and Inspection Services for the City of Vernon’s 50th Street Water Main Replacement Project. The project’s scope of work includes demolition and reconstruction of the 12” iron ductile pipeline and all associated renovations to the City’s existing water services, such as installation of fittings, valves, blow-offs, siphons, concrete pipe supports, thrust blocks, trenching, bedding and backfill, replacement of traffic markings, shoring, over excavation, temporary and permanent Construction
Management
& Inspection
On time and Under 1% COs
PAGE 101 of 352
pavement, steel plating, and roadway improvements and repair. Other improvements include installation of commercial services and laterals, industrial services and laterals, installation of fire service lateral, and pressure testing and disinfection of installed pipeline.
Longview Drive
Water/Sewer Main
Replacement & Street
Improvements
(City of Fullerton)
This water, sewer, and street rehabilitation project for the City of Fullerton included replacing 2,500 LF of an 8-inch ductile iron pipe water main, as well as 2,500 LF of 8-inch vitrified clay pipe (VCP), PVC SDR 26 sewer main, installation of new manholes, removal and replacement of existing sewer and video inspection and abandoning existing water mains and valves. Throughout the project, inspectors provided oversight during operations including pipe welding, trench excavation, shoring, backfill, traffic control operations, and replacement of traffic signals, signing, and striping. The project also included street and drainage improvement work, which included asphalt paving, cold planning, excavation, concrete paving, aggregate base, curb and gutter, access ramps, cross gutter, driveway approach, etc.
Construction
Management
& Inspection
On time and Under 3% COs
LADWP Haynes
Generating Station
Recycled Water Pipeline Project (Long Beach Utilities)
Project is ahead of schedule and within budget. Providing project management services for the 24-inch diameter pipeline. Approximately 7,940 LF and construction estimate of $14M. Pipeline begins at HaynesGeneratingStation and connect to LBWD21-inch recycledwater pipeline atAthertonStreet andStudebaker Road. Projectrequires extensive coordinationwithCity of LongBeach upcoming public works projects. Project required CEQA, Caltrans permitting, California Coastal Commission, and LADWP coordination.
Project
Management
Project is Ahead of Schedule. Project requires extensive coordination with LADWP, SCE, multiple cities, and Caltrans. project has extensive CEQA.
LADWP Haynes
Generating Station
Sewer Pipeline Project
(Long Beach Utilities)
Providing project management services for the 14-inch sewer force main. It is approximately 12,930 LF. The pipeline begins at Haynes Generating Station and connects to LACSD 42-in sewer located west of Coyote Creek. Estimated Construction Cost is $15.8M. The pipeline has many crossings, is within Caltrans, SCE, LADWP, and LACFCD right-of-way, and has a perpendicular crossing through SCE right-of-way that will require CPUC. Project requires both CEQA and California Coastal Commission.
Project Management
Project is Ahead of Schedule. Project requires
extensive coordination with LADWP, SCE,
multiple cities, and Caltrans. project has extensive CEQA Victoria Avenue
Recharge Water
Facility (Western
Municipal Water District)
The Z&K team provided Construction Management and Inspection Services for this major capital improvement project for Western Municipal Water District. This project includes the installation of new groundwater extraction wells to help increase the groundwater basin quantity and improve its quality. Improvements on this project include mass grading operations, the installation of three storm water basins, a divergent structure, numerous interior roadway improvements for vehicular and pedestrian access, two concrete trapezoidal rerouting channels into the water basin, storm water collection structure, the installation of 4000 linear feet of 20” reclaimed water pipeline three local city streets connecting the gage canal reservoir into the three proposed storm water basins.
Construction
Management
& Inspection
On time and Under 5% COs.
Project had owner-initiated COs.
Valencia Avenue
Water Main
Replacement Project
(City of Fullerton)
This water rehabilitation project for the City of Fullerton included replacing 2,500 linear feet of 8-inch C-900 water main pipeline and water appurtenances, abandoning and removing existing water main pipeline and water valves. Pipeline installation operations required trench excavation, shoring, backfill, pipe welding, etc. The project also required street and drainage improvement work, which included cold planning, improvements to asphalt and concrete paving, aggregate base, access ramps, cross gutters, concrete sidewalk replacement, traffic control procedures, installation and inspection of traffic signals and traffic loops, application of roadway striping, signing, and reflective markings.
Construction
Management
& Inspection
On time and Under 5% COs
Central Avenue and
Dupont Avenue Waterline
Replacement Project (City of Chino)
The Central Avenue project includes the replacement of a 16” steel to an 18” PVC water main on Central Avenue from Chino Avenue to C Street. The Project will also include the replacement of an 8” steel line on D Street pipe from Central Avenue to the alley west of 6th Street. Design for Central Avenue shall include connections to Chino Avenue, D Street, Alley 16, and two additional alleys. Several line stops may have to be used for tie-ins since there is insufficient valving for proper shutdowns along Central Avenue.
The Dupont Avenue project includes the replacement of a 8” DIP waterline to a 12” C-900 PVC water main on Dupont Avenue from Alton Street to Gates Street. There are multiple water service connections and fire service laterals that will also need to be replaced.
Construction
Management
& Inspection
Project is Ahead of Schedule.
Yorba Ave &
Eucalyptus Ave Sewer
Main Replacement
Project (City of Chino)
This Project includes the replacement of an existing 10-inch vitrified clay sewer pipe along Yorba Avenue between Murrieta Street and Cheyenne Way. There are two industrial businesses discharging wastewater with combined volumes of approximately 400,000 GPM, when compliant. This number can reach up to 500,000 GPM when non-compliant and causes existing pipes to reach nearly 75% capacity. The implementation of the new sewer requires the relocation of existing utilities and coordination with other projects.Project& Construction
Management
Project is Ahead of Schedule.
San Luis Rey Water
Reclamation Facility Digester No. 3 Cleaning and Valve
Replacements Project
(City of Oceanside)
The Z&K Team is providing Construction Management and Inspection Services as a subconsultant for the SLR Water Reclamation Facility Digester No. 3 Cleaning and Valve Replacement. The scope of work includes construction at the City of Oceanside San Luis Rey Water Reclamation Facility for cleaning Digester No. 3 and replacing existing valves and sections of pipe and fittings, including: Cleaning, removal, and disposal of the contents of Digester No. 3, Temporary odor control, interior and exterior inspection, installing plug valves to replace existing valves inside the Control Building for Digester No. 3, installing ductile iron pipe and fittings to replace existing PVC pipe and fittings inside the Control Building for Digester No. 3, and installing pipe support for new ductile iron pipe inside the Control Building for Digester No. 3.
Construction
Management
& Inspection
On time and Under 3% COs.
San Luis Rey WWTP
and Aeration Basin
Effluent Piping
Replacement Project
(City of Oceanside)
The Z&K Team is providing Construction Management and Inspection Services as a subconsultant for the SLR Wastewater Treatment Plant and Aeration Basin Effluent Piping Replacement project located at the San Luis Rey Wastewater Reclamation Facility at 3950 N River Road, Oceanside. The project scope of work includes the removal and replacement of six (6) 24-inch aeration basin effluent piping, including the installation of new plug valves, fittings, pipe, wall penetrations and installations of gate valves and flow meters or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents.
Construction
Management
& Inspection
On time and Under 3% COs.
State Street Water
Treatment Project
(City of Chino)
This project includes the construction of a centralized water treatment plant (WTP) at the City’s Reservoir 5 and Well 14 site. The centralized WTP will treat water supplied from Well 14 (located on-site) and Well 12 (located off-site). The proposed project is anticipated to include cartridge filters, GAC, IX, and chlorination equipment for a total treatment capacity of 4,000 gpm. In addition, the project includes a 3,800 LF brine disposal pipeline connecting to the Non-recoverable Waste System operated by IEUA and LA County Sanitation, a connection to the City of Montclair sewer system, and a 7,000 LF raw water transmission main from Well 12 to the State Street site. Both Well Pump 12 and Well Pump 14 will be replaced as part of the treatment improvements.
Project Management Project is Ahead of Schedule.
Roja Lift Station Improvement Project
(City of Oceanside)
The Z&K Team is providing Construction Management and Inspection Services as a subconsultant for the Roja Lift Station Improvements Project. The project scope of work consists of construction of civil, mechanical, structural, electrical, controls, and instrumentation improvements at the City of Oceanside’s Roja Lift Station. The lift station structures and mechanical components have reached the end of their useful life. The project consists of the complete rehabilitation of the Roja Lift Station. The existing submersible pumps will be removed and replaced with new submersible chopper pumps on slide rail systems that will be installed inside of the existing/rehabilitated wet well. The demolition and disposal of existing piping, pumps, valves, chain link fencing, concrete and asphalt pavement is included, per Plan. The project includes a new concrete valve vault, rehabilitated wet well, replacement of force main yard piping, fall-protection safety improvements, civil site work, new level control devices, electrical and control system improvements, temporary bypass pumping, and appurtenant lift station improvement features, per Plan. The electrical improvements include, but are not limited to, service conduits, conductors, reconnections and a feedback SCADA signal for a new suction pressure transducer Construction
Management
& Inspection
On time and Under 3% COs.
Well 11 Pipeline Project (City of Chino)
This project includes the installation of a new 16” raw water transmission pipeline which will convey groundwater from the City’s Well 11 to the City’s Eastside Water Treatment Facility to remove 1,2,3 TCP and Nitrate from the groundwater. The pipeline alignment is generally from the Well 11 site, east to San Antonio Avenue, south on San Antonio Avenue to Walnut Avenue, west on Walnut Avenue to Cypress Avenue, south on Cypress Avenue to Chino Avenue to tie into an existing 18” raw water transmission pipeline. Design includes a connection to the 18” pipe which will convey the raw water to the Eastside Water Treatment Plant for treatment Project
Management Project is Ahead of Schedule.
La Salina WWTP – Flare Relocation and
Upgrade (City of Oceanside)
In order to accommodate the Cogeneration Facility at the LSWWTP, the digester flare for the off gas had to be both relocated and brought up to standards per AQMD. The flare was a backup in cases when the cogeneration facility was off site and off gas had to be flared off. The CM Team performed the construction management services throughout the entire construction and coordinated all Construction Management & Inspection the AQMD inspections.
Construction
Management
& Inspection
On time and Under 5% COs
San Luis Rey WWTP Digester 3 Cleaning
and Rehabilitation
(City of Oceanside)
This project was the cleaning of 150,000 gallon digester. This involved coordination with the Plant staff for the times to stop feeding the digester and minimize the gas in order to clean the digester. The CM Team worked with the Plant to prepare a MOPO to limit the centrate concentration to 500 mg/L of total suspended solids. The CM Team had to inspect air levels and comply with the odor requirements mandated for the Plant.
Construction
Management
& Inspection
On time and Under 1% COs
The CM Team during the constructability review, added
screening facilities prior to the centrate entering the headworks.
PAGE 102 of 352
F. CLIENT REFERENCES
The Z&K Team is filled with a robust set of experienced individuals hand-picked to carry this project from start to finish. We believe that this is the best team to complete the project, all working together to meet and exceed the needs of this project.
Z&K CONSULTANTS, INC. TEAM REFERENCES
CLIENT* PROPOSED KEY PERSONNEL &
ROLE ON PROJECT PROJECT INFORMATION**
City of Beaumont
550 E 6th Street
Beaumont, CA 92223
Amer Jakher
Director of Public Works, Chino
(Formally Director of
Beaumont)
909.334.3250
[email protected]
Tom Dawson, ICC Cert., CBO
Resident Engineer/Lead Inspector
Wastewater Treatment Plant
Expansion/ Renovation & Brine
Pipeline Installation Project
Project Dates:
January 2019 - 2021
Total Fees Received:
$4.2 million
Total Project Value:
$110 million
City of Santa Monica
1685 Main St.
Santa Monica, CA 90401
Carlos Rosales
City Project Manager
310.628.9368
[email protected]
Tom Dawson, ICC Cert., CBO
Resident Engineer/Lead Inspector
Olympic Well Field Restoration and
Arcadia Water Treatment Plant
Expansion
Project Dates:
January 2021 - Ongoing
Total Fees Received:
$1.4 million
Total Project Value:
$75 million
Long Beach Utilities Department
1800 E. Wardlow Road, Long Beach,
CA 90807
Wendy Chen, PE
Manager of Engineering
562.570.2324
[email protected]
Z&K Consultants
Program Management, Project
Management, Construction
Management
Program Management/Project
Management/Construction
Management for Long Beach
Utilities CIPs
Program Dates:
Oct 2021 – Ongoing
Total Fees Received:
$3.7 million
Total Program Value:
$52 million per FY
San Bernardino Municipal Water
Department
1350 S. “E” Street
San Bernardino, CA 92408
Joanna Stewart
Construction Services Manager
Engineering Section
909.453.6170
[email protected]
Z&K Consultants
Resident Inspector
Digester Gas Beneficial Use
Program Services
(Third Party CM & Inspection
Services at the Margaret H.
Chandler Water Reclamation Plant)
Project Dates:
May 2020 – March 2022
Total Fees Received:
$3.1 million
Total Project Value:
$50 million
*Each client reference provided served as the respective project's Client Project Manager. ** A detailed project description has been provided in Section E. Qualifications, Capabilities, and Experience
PAGE 103 of 352
PROPOSED APPROACH
The team proposed on this project have over 25 years of experience in construction management and construction inspection. We have successfully utilized CM Agency delivery on a host of projects. Through this experience we have developed project management procedures that promote collaboration and teamwork, improve quality and maximize the value of the above project. Z&K’s past performance with Cities, Counties, and other agencies show our remarkable ability to control costs, guarantee great quality of work, and meet all project deadlines.
We understand the importance of Schedule Control and are known in the industry for assisting the contractor to cut the project schedule and to yield significant savings for our clients through reduction of overhead construction management and construction costs. The most significant saving is less inconvenience to the traveling public and less City exposure due to shortened construction duration. This will help extend excess project funds into other important projects.
MANAGEMENT APPROACH | Z&K Consultants, Inc. provides proven professional construction management techniques to ensure the safe construction of a quality project completed on time and within budget. Z&K accomplished this by establishing the systems, policies, and procedures necessary to ensure adequate project controls are in place. The Construction Manager must ensure all parties understand the basic responsibilities and interrelationships of all team member such as the Owner (both project management and operations), the Design Engineer, the Contractor, and the construction management team. Additionally, a good Construction Manager must have the knowledge and experience to effectively understand the interrelationships between the key management components of time, information, cost, and quality. Decision making, including obtaining sufficient information to make reasoned decisions, is the key element leading to a successful project. the project. The Z&K approach is founded on a thorough understanding of each of the management components critical to the project.
TIME MANAGEMENT | Time management uses scheduling to accurately manage and track the restrictive elements of time and resources throughout the project. The key to a successfully implemented and managed schedule is the development of an accurate, detailed, and realistic baseline schedule. Z&K will review the Contractor’s baseline schedule to ensure it is accurate and reasonable. Activity durations and logic ties will be examined for accuracy and constructability.
The schedule logic and activity durations will also be analyzed to ensure the Contractor does not use float suppression techniques. Schedule float is a valuable resource for the Owner and the Contractor.
Schedule implementation and administration is the next step in proper time management. The Contractor’s actual progress will be documented daily. The Z&K Team will review the progress with the Contractor at the weekly meetings. The Contractor’s three-week-look-ahead schedule will be compared with the work plan on the record schedule to ensure the Contractor continues to use the record schedule as a management tool. We will check the record schedule for activities with start dates that did not begin during the review period. This proactive approach flags potential delay issues for further discussion.
COST MANAGEMENT | Z&K will take the lead to ensure a cost management system is properly implemented and maintained. Z&K’s cost management role will be in two parts. The first is to track the value of the completed work to ensure accurate and detailed monthly progress billing by the contractor. Secondly, Z&K will proactively manage the change order process. The monthly progress billing may be tied to the construction schedule. A cost loaded critical path method (CPM) schedule is a valuable management tool. Each month, the Construction Inspector will review and approve the updated cost loaded CPM. Work activities and material deliveries will be assigned the correct completion percentage by the Contractor.
This will be reviewed by the Construction Inspector and discrepancies will be addressed.
If necessary, the Contractor will revise and resubmit the schedule of values. This process ensures the Owner is accurately billed for the completed work monthly. Changes in work and unforeseen conditions will be closely monitored. Any costs for changes will be managed by the Z&K construction management team. An ongoing log of potential change issues will be maintained. These issues will be discussed and updated at each weekly meeting.
FUNDING MANAGEMENT | Z&K will ensure that the City has all necessary information to comply with the funding requirements. Our team is experienced in complying with funding reporting and filing requirements. We pay close attention to these requirements and deadlines so that project funding remains unaffected and so that file audits are conducted quickly and efficiently. Our team is also experienced in ensuring that project documents show compliance with DBE reporting requirements, DBE goals, and/or good faith effort documented. Proper Project documentation is key in any audits.
QUALITY MANAGEMENT | Quality management is an inherent CM responsibility. Z&K is knowledgeable and capable in all aspects of quality management. Quality assurance is the application of systematic methods to verify the effective implementation of quality control procedures. Z&K will manage the quality of the project by taking the quality assurance lead role and implementing the Z&K quality assurance program, which allocates quality control responsibilities to the various project participants to ensure the constructed product conforms to the contract plans and specifications. This includes a detailed inspection plan, inspection procedures, and documentation procedures for all inspection and test reports. Z&K will review the Contractor’s quality control procedures to ensure adequacy. Quality control issues will be discussed at each weekly meeting. An ongoing deficiencies/corrective items list will be maintained, reviewed, and updated weekly.
Quality assurance includes quality of the constructed work as well as the quality of the Contractor’s document processes (such as the Contractor’s submittals and RFIs). In Z&K’s experience, lack of quality in the paperwork with items such as poor submittals and unanswered RFIs may lead to lack of quality in the constructed product. Deficiencies in submittal quality control by the Contractor often leads to incorrect or inferior equipment and materials being installed. Z&K will be proactive with the Contractor to ensure the quality of their submittals. Likewise, lax procedures for the processing of RFIs may lead to misunderstandings and delays.
PAGE 104 of 352
Z&K will take a proactive approach with the Contractor and the Design Engineer to ensure the quality of the RFI process is maintained. Finally, Z&K regularly performs internal audits of its field operations to ensure the proper implementation of procedures for Z&K’s quality assurance program.
INFORMATION MANAGEMENT | Proper information flow is crucial to the success of a project. A construction project generates a large amount of information, which must be distributed to all parties on a timely basis. The source of this information will cover the full spectrum including contracts, meeting minutes, drawings and specifications, submittals, requests for information (RFIs), pay requests, invoices, inspection reports, and so forth. Z&K, as CM, will act as the hub for the management of all information flow. Z&K has extensive experience providing document management solutions for its clients. Z&K’s approach to information management also includes building a communication framework to continually foster partnering and teamwork relationships for all the project stakeholders. Z&K builds this framework from the start of the project with an all-inclusive kick-off meeting where the lines of communication and project responsibilities will be clearly explained to all the project stakeholders.
The emphasis on project communication continues throughout the project with the weekly construction meetings. At each weekly meeting, all ongoing issues will be reviewed and discussed. All project stakeholders will be invited to the meetings.
An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, RFIs, submittals, testing and inspection reports, non-conformance notices, environmental monitoring, change orders, three-week-look-ahead schedule, pay requests, and so forth. Unresolved issues will be carried over to the next week’s meeting until a final resolution is obtained.
CODES & PROCEDURES MANAGEMENT | Z&K has a strong knowledge of the City, County, State, and Federal codes and procedures that are required to deliver a successful project. Z&K will ensure that all codes and procedures are properly followed for the City’s Project.
Some of the requirements are as follows:
o Project Construction Documents
o City Standards and Design Manuals
o California Building Code
o California Plumbing Code
o California Mechanical Code
o California Electrical Code
o California Building Energy Efficiency Standards
o Title 24, Part 2, 2.5, 3, 4, 5, 6, 11
o California Fire Code
o California Residential Code
o California Green Building Code
o California Disabled Regulations
o City Codes & Ordinances
o City Grading Code & Manual
o APWA “Greenbook” Standard Specifications for
Public Works Construction
o Caltrans Standards, Specifications, and
Procedures
o Caltrans Construction Manual
o Caltrans Safety Manual
o OSHA Construction Safety
Orders
o 10/30-hr OSHA Training Certification
o Local Assistance Procedures
Manual (LAPM)
o State and Federal Building Codes (Site
Accessibility)
o County Procedures and Guidelines
o Work Area Traffic Control Handbook (WATCH)
Manual
o Manual of Uniform Traffic Control Devices
(MUTCD)
o Project Safety Plan (PSP)
o Site Health and Safety Plan
o Activity Hazard Analysis (AHA)
SCOPE OF SERVICES
Our Team’s relevant experience allows them to provide overall administration of the construction process based on their unique ability to fully understand the construction process, work proactively to identify problems early, and to mitigate each risk before it affects the project performance goals. Z&K has thoroughly reviewed the RFP; we confirmed our team will provide all scope of work tasks as outlined in the RFP scope of services. The Z&K Team will provide excellent Construction Inspection, services for the City of San Marino’s Street Rehabilitation Program.
Z&K acknowledges our ability to meet the contract requirements for the work listed under the scope of services, along with any additional services that the City should require. The Z&K Team, at a minimum, will perform the following:
PRE-CONSTRUCTION PHASE
Preconstruction Conference | Z&K will schedule, coordinate, and conduct a pre-construction conference with the City, affected agencies, and the Contractor, as well as the design engineer, utilities and other agencies. An agenda will be prepared in advance to notify attendees of key items for discussion. At the pre-construction conference, we will discuss special contract and/or concerns, and establish the protocol to be used throughout the project. The meeting will highlight the contractor’s responsibility for items such as order of work, permit and environmental agreements, safety and access, progress pay requests, labor compliance, submittals, RFIs, CCOs, quality control, materials certification, schedule updates, and weekly meetings. Z&K will review the baseline schedule and verify that it meets all the required information prior to issuing the Notice to Proceed to the Contractor. Z&K will prepare and promptly distribute meeting minutes to all attendees.
Z&K has carefully selected this "A-Team" of and committed our most qualified staff for the duration of the contract to deliver a successful project. All assigned Z&K Inspectors and Construction Managers are committed to provide their services at all times required by the contract. Our proposed personnel have successfully provided construction management and inspection for a variety of projects. The Z&K Inspectors are on site daily to observe construction operations and materials and compare them with the project plans and specifications.
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CONSTRUCTION PHASE
Construction Inspection Services | Z&K Inspectors have experience providing inspection services for numerous capital improvement projects, including storm drain and pipeline relocations, street improvements, traffic signal improvements, roadway widenings, striping, traffic control, and utility protection, and are well aware of how important project quality control is to the overall success of a project. Throughout each project, the inspectors will review contract documents, plans, and permits. Inspectors will monitor and enforce construction noticing requirements. The Z&K Inspectors will use their expertise to provide field conflict resolutions. The Inspectors’ primary duties will be to inspect and verify all work in place meets the requirements of the contract plans and specifications, traffic control plans, shop drawings, change orders, and O&M manuals as well as maintenance of project documentation.
In addition to the construction activities, the project team must also review and enforce the requirements stipulated in the permits issued by regulatory and environmental agencies. Our team has extensive experience with working with the State Department of Fish and Wildlife, Department of Water Resources, and other state and federal agencies that may have input on the project.
Z&K Inspectors have the knowledge, skill, and experience to inspect all the anticipated construction operations that this contract may require. Inspectors will verify that all work in place meets the requirements of the contract plans and specifications, traffic control plans, shop drawings, change orders, and O&M manuals as well as maintenance of project documentation. Z&K will verify that all work conforms with the requirements and identify any issues of non-compliance with the applicable codes. Inspectors will meet with the project design team and City staff to work out any issues and resolve them quickly and efficiently. Z&K proposed staff will complete daily reports, including equipment, crews/personnel, and photos (before, during and after construction). The Construction Manager will review the inspectors’ daily reports and provide copies to the City upon project completion.
Z&K will review the contractor’s work for compliance with contract and environmental documents. Z&K will perform labor compliance tasks as needed, including verifying certified payroll reports, DBE utilization, subcontractor utilization, and labor interviews. Z&K will review the contractor’s submittals for compliance with contract documents. Z&K will also review the contractor’s RFIs and either provide information from contract documents or route the request to the Design Engineer for resolution. Z&K will review the contractor’s pay requests and recommendations to the City as to the acceptability of the requests.
Schedule Control | The Z&K Team will review and monitor the Contractor’s schedule and evaluate work in progress each week. All findings that may require enforcement or corrective actions will be reported to the City for consideration. These weekly work in progress status updates will be reflected in the master project schedule. Z&K will regularly update this schedule to reflect construction progress and provide updates on anticipated closure, detours, etc. The Team will also provide updates to the City on any other pertinent project information affecting the construction schedule. This update will show current conditions and revisions required by actual progress.
Daily Documentation | The Z&K proposed staff will complete and maintain field file bound workbooks including daily, weekly, and monthly reports logging any working day reports, change order documentation, equipment on site, crews/personnel, and photographs (before, during and after construction). A monthly Construction Manager progress report will include an overview of work accomplished during the previous month, an overview of work to be accomplished the following month, an updated schedule (based on the Contractor’s schedule of values), a list of problem areas, if any, and proposed corrective actions, and a bar graph comparing the monthly and cumulative invoiced amounts with the total authorized CM budget. These reports will be submitted via email and/or hardcopy.
Utility Coordination | The Z&K Team will provide ongoing coordination with public utilities to resolve any questions or conflicts, and to avoid any potential delays or additional costs to the project. Any conflicts with utilities will be reported to the utility company and Z&K will work to coordinate the relocation or removal of the utility. The resolution will be reported to the City. Our team will ensure that the Contractor is aware of all existing underground utilities by ensuring that Dig Alert tickets are current and up to date prior to excavation. We will keep track of hazardous and non-hazardous and conflicting utilities during our progress meetings. Additionally, we will communicate with utilities early since various utilities may need to be adjusted by the Owner and require utility coordination.
Communication | Z&K will establish coordination and a line of communication to be used among participants throughout the project. Our Construction Manager, Zack Faqih, PE will serve as the City’s representative in charge of project communication and coordination with Z&K, City staff, the design engineer, and the contractor throughout the construction phase. Z&K will document all necessary communications throughout the project and will ensure that all questions and inquiries are fulfilled in a timely manner. The emphasis on project communication continues throughout the project with the weekly construction meetings. At each weekly meeting, all ongoing issues will be reviewed and discussed. All project stakeholders will be invited to the weekly meeting. An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, request for information (RFIs), submittals, testing and inspection reports, non-conformance notices, contract issues, procedures, environmental monitoring, change orders (COs), look-ahead schedule for upcoming work, pay requests, and so forth. Unresolved issues will be carried over to the next week’s meeting until a final resolution is obtained. Z&K will prepare and promptly distribute meeting minutes.
Storm Water Pollution Prevention Plan | Z&K Inspectors will enforce water quality best management practices and SWPPP throughout all phases of the project. Z&K understand the importance of managing the Storm Water Pollution Prevention Plan (SWPPP). Our team includes QSD/Ps and inspectors fully knowledgeable regarding storm water BMP implementation and maintenance requirements.
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Our team is very knowledgeable in the development, implementation, and reporting requirements of a SWPPP. The Contractor will be required to file a Notice of Intent (NOI) with the SWRCB and to develop a SWPPP. We will monitor the contractor for compliance and confirm that required sampling takes place during rain events and required reports are filed into SMARTS. We will review the contractor’s compliance with regulatory permits, mitigation measures, storm water regulations, and the SWPPP. Z&K will notify the Contractor immediately if control measures are not installed correctly and will oversee a prompt correction. We will be available to assist with document review, uploading document to SMARTS system, obtaining a WDID number, and the implementation of the plan.
Constructability Review | The Z&K Team is aware that prompt constructability reviews and implementation of value engineering methods allow for cost and schedule savings. Upon notice-to-proceed (NTP), the Z&K Team will conduct a thorough constructability review that will focus on anticipating issues in the field and resolve them through fast and flexible problem solving. This approach will result in timely completion of the work, claims avoidance, and the reduction of public inconvenience. The Z&K Team will maintain a master project schedule to include all completed and scheduled work. Z&K will provide updates on anticipated closure, detours, etc. The Team will also provide updates to the City on construction progress and any other pertinent project information.
Public Outreach | Z&K will assist the City in providing concierge-level services to impacted residents as it relates to their access into and out of their property, noise, dust, and general disruption to the neighborhood. Z&K will form and maintain good relations with residents and businesses in surrounding neighborhood by providing community outreach and a contact person to manage public relations for the duration of the project. At a minimum, the Z&K team will establish and manage a construction 24-hour hotline (toll free number), website, and email address for project stakeholders, property owners, interested parties, and the public to call with construction issues and concerns. All calls and public complaints will be documented and investigated, and a monthly report will be provided to the City.
Permitting Requirements | Throughout the project, the inspectors will review all required federal and state forms, permitting requirements, agency requirements, local regulations, and any other contract documents or plans to ensure the project’s compliance. Inspectors will monitor and enforce construction noticing requirements. The Inspectors’ primary duties will be to inspect and verify all work in place meets the requirements of the contract plans and specifications, traffic control plans, shop drawings, change orders, and O&M manuals as well as maintenance of project documentation. In addition to the construction activities, the project team must also review and enforce the requirements stipulated in the permits issued by any regulatory and environmental agencies involved in the project. Our team has extensive experience with working with the State Department of Fish and Wildlife, Department of Water Resources, and other state and federal agencies that may have input on the project.
Critical Path Method Schedule | The Team will review the Contractor’s critical path method schedule to monitor the project progress, define the critical path tasks, and provide, on a monthly basis, an update of accomplishments and projected project schedule goals for the following month. We will check the schedule for activities with start dates that did not begin during the review period. This proactive approach flags potential delay issues for further discussion. The Z&K Team has extensive experience in dealing with changes from unforeseen conditions, owner-initiated changes, and other types of delays. The Contractor will be required to submit a time impact analysis for any issue with the potential to delay the overall progress of the work. Z&K will mitigate the delay as the first course of action Weekly Progress Meetings | Z&K will schedule, coordinate, and conduct weekly construction meetings with City representatives, contractors, and other agencies related to the project. At each weekly meeting, all ongoing issues will be reviewed and discussed. All project stakeholders will be invited to the weekly meeting. An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, request for information (RFIs), submittals, testing and inspection reports, non-conformance notices, contract issues, procedures, environmental monitoring, change orders (COs), look-ahead schedule for upcoming work, pay requests, and so forth. Unresolved issues will be carried over to the next week’s meeting until a final resolution is obtained. Z&K will prepare and promptly distribute meeting minutes to all attendees.
Safety Compliance | Z&K Consultants take extreme pride for being a very safety conscious organization implementing a safe environment both in our offices and on our project sites. We monitor the Contractor and their subcontractors for safety compliance for meeting local, state, and federal safety requirements. We also ensure the trades and the Contractor are always safety conscious in everything they do in the Project. Z&K will review the Contractor’s compliance with workplace safety and health standards and notify the City of non-compliance. The Z&K Team is knowledgeable with the Caltrans Safety Manual and the Cal/OSHA Construction Safety Orders. The Inspectors will attend the Contractor’s Safety Meetings and promote safety throughout the life of our contract. Z&K will review, monitor, document and enforce contractor safety procedures for compliance with all safety laws and regulations. If any safety violations occur, Z&K will take immediate action to correct the issue and report any incidents to the City. All Z&K staff will observe construction safety, public safety and convenience. Z&K Inspection staff is knowledgeable with the Caltrans Safety Manual and the OSHA Construction Safety Orders.
Progress Payments | The Z&K staff bring a detailed understanding of the City processes for administering Contractor progress payments per the City’s standards & procedures. We will work closely under the direction of the City and with the contractor to verify that the contractor’s payments are processed, provide recommendations, and ensure they are executed promptly by the contract documents and City’s procedures. Z&K will reconcile the work done with the pay requests. Z&K will work with the Contractor on required corrections to the pay requests and ensure that they are in the format and forms required by the City. The pay requests will be submitted to the City with a statement that they have been reviewed. Z&K will keep accounts of all pay requests including amounts retained, dates submitted, dates paid, actual payments, changes in contract amounts, and any other pertinent information.
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Document Control | Quality assurance includes quality of the constructed work as well as the quality of the Contractor’s document processes (such as the Contractor’s submittals and RFIs). In Z&K’s experience, lack of quality in the paperwork with items such as poor submittals and unanswered RFIs may lead to lack of quality in the constructed product. Deficiencies in submittal quality control by the Contractor often leads to incorrect or inferior equipment and materials being installed. Z&K will be proactive with the Contractor to ensure the quality of their submittals. Likewise, lax procedures for the processing of RFIs may lead to misunderstandings and delays. The Z&K CM will take a proactive approach with the Contractor and the Design Engineer to ensure the quality of the RFI process is maintained. Finally, Z&K regularly performs internal audits of its field operations to ensure the proper implementation of procedures for Z&K’s quality assurance program.
Z&K will ensure that the City complies with federal and state reporting requirements. Our team is experienced in complying with both state and federal grant reporting and filing requirements. We pay close attention to these requirements and deadlines so that project funding remains unaffected and so that file audits are conducted quickly and efficiently. Our team is also experienced in ensuring that project documents show compliance with DBE reporting requirements, DBE goals, and/or good faith effort documented. Z&K is extremely familiar with Federal-Aid implementation and the Caltrans’ Local Assistance Procedures. Proper Project documentation is key in audits conducted by the Federal Highway Administration (FHWA) and Caltrans.
Our Inspectors know that a complete record of the project must include a full set of all contract drawings, addenda, specifications, change orders, logs, submittals, and RFI’s. Filing will include correspondence with all stakeholders and permit agencies, reports (daily, weekly, monthly) showing all day-to-day operations, the contractor's workforce, and equipment. In addition to the materials on hand, materials testing reports and sampling, copies of all permits, SWPPP plan, all reports, updates, and all other contract documents related to the construction of the project will be documented. Our internal QA/QC process is simple and does not require additional time demands of the City. Routinely, our Construction Manager or Inspectors will conduct independent reviews of the project records for their adherence to the required policies and procedures. Z&K will coordinate preparation of the as-built plans with the Design Engineer.
CLOSE-OUT PHASE
Our Construction Manager will take a proactive approach at processing close-out documentation by preparing a final punch list of items, which typically include guarantees/warranties, subcontractor liens, retention, and final acceptance/certificates of completion, orderly transfer of key records and documents, resolution of outstanding issues, final payment preparation and processing along
with final acceptance or record drawings. Z&K will verify the completion of the final punch list when the contractor has certified and demonstrated the work is substantially complete. Upon completion of the project and all items on the final punch-list (including all warranties, guarantees, and operation and maintenance manuals, in addition to subcontractor liens, retention, and final
acceptance/certificates of completion), Z&K will provide the City with both hard and electronic copies of project documentation. Z&K will conduct a final inspection and
walk-through including City staff, Contractor, maintenance/service personnel, and project architect/design consultant.
Upon completion of the project and following the final inspection and walkthrough, Z&K will provide the City with both hard and electronic copies of project documentation, including a report stating that the installation of all improvements required by the project have been completed in accordance with the plans and specifications. Z&K will calculate the amount of final payment due to the prime Contractor and prepare the proposed final estimate. Z&K will also review and process the release of retention. Z&K will obtain evidence of certification of the release of all liens and stop notices. Z&K will obtain certification of delivery of record drawings to the City and design engineer. Z&K will advise the City when the Notice of Completion (NOC) should be filed. Z&K will also provide the City with necessary data needed for acceptance of the project, such as release of retention, certification of release of all liens and stop notices, certification of delivery of record drawings.
Z&K will conduct a final inspection and walk-through including City staff, Contractor, maintenance/service personnel, and project architect/design consultant, and applicable agencies. Z&K will calculate the amount of final payment due to the prime Contractor and prepare the proposed final estimate. Z&K will also review and process the release of retention. Z&K will obtain evidence of certification of the release of all liens and stop notices. Z&K will obtain certification of delivery of record drawings to the City and design engineer. Z&K will advise the City when the Notice of Completion (NOC) should be filed.
Z&K will prepare the final punch list when the contractor has certified and demonstrated the work is substantially complete
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PERFORMANCE CRITERIA
PROPOSED TEAM
Z&K has carefully selected this "A-Team" and committed our most qualified staff for the duration of the contract to deliver a successful project. Our key team members have extensive experience in construction management and inspection services for public agencies and have completed over 40 Street Rehabilitation Projects. We have strategically provided a highly experienced team that is qualified to perform construction management and inspection services for the City.
Our proposed Construction Manager/Senior Construction Inspector is multi-disciplined and will provide general and specialized inspection services, saving the City significant cost on specialized inspection for this street rehabilitation project.
Our staff will deploy efforts as the project schedule and construction activities dictate. We will reallocate manhours, when possible, for cost savings to the City. By using a highly qualified, multi-disciplined inspector well versed in construction management, we are able to provide a cost of service well under industry standard.
PROJECT ORGANIZATIONAL CHART
Our team members are
multidisciplinary and have
numerous licenses and
certifications. Our proposed
team is exceptionally strong
and will ensure the successful
delivery of the City’s projects.
Z&K has carefully selected this
"A-Team" and committed our
most qualified staff for the
duration of this contract to
consistently deliver the
District’s projects. We
understand the importance of
meeting budgets and
schedules; we have a strategic
plan in place to deliver this
project with such benchmarks
in mind. Our proposed Z&K
team has worked together on
numerous projects and share
great synergy.
Our proposed and fully
committed team is fully
capable and exceptionally
qualified. They have held
many leadership and
supervisory management
positions in many local agencies including the private and public sectors. All can multi-task, are multi-disciplined, and have a full understanding of all aspects of the proposed project requirements. They deliver their knowledge and expertise with tact and seamless integration with staff and outside agencies.
STAFFING CHART
Number of Lift StationImprovement ProjectsConstruction ManagementInspection ServicesSubmersible PumpsConcrete PedestalsDuctile Iron PipingSuction Piping and Gate ValvesCheck Valves Bypass Systems Sump Pumps and PipingWet Well LiningRehabilitation of Wet WellsDewateringElectrical ImprovementsSite ImprovementsAsphalt Paving Zack Faqih, MSCE, PE, QSD/P, CBO, ICC Cert.
Senior Project Manager/Sr Construction Manager 17+ ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Thomas Dawson, CBO, ICC Cert.
Project Manager/Senior Construction Inspector 15+ ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Brittany Duhn, PE, QSD/P
Office Engineer 6+ ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü
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LESSONS LEARNED
Z&K is proposing the same team that successfully delivered the City’s Street Rehabilitation Program in 2021. Our Team has unique knowledge working with the City and community. Through this experience, we have identified items that were successful in in the last project and items that could be improved for this Project. • Construction Site Walk/Change Orders | To assist in controlling cost, Z&K will conduct a pre-construction site walk with City staff members to identify areas that could potentially result in unanticipated costs or cost savings. This includes extra quantities of asphalt or concrete such as damaged curbs, gutters or sidewalks not listed on the approved plans. During construction, Z&K will also conduct site visits with City staff, as needed, to minimize change orders and cost increases.
• Underground Electrical Conduits | On other projects, the Contractor hit underground streetlight electrical conduits.
The Contractor called Dig Alert and had the utilities marked out. The City marked out their utilities as well, but the Contractor still hit the underground electrical conduits since they were shallow. We recommend having the Contractor coordinate closely with the City’s Public Works department to identify the locations of the streetlight conduit locations. • Tree Trimming | Due to the number of legacy old growth heritage trees throughout the construction area, we will coordinate with the Cities Arborist or consultant to establish protocols for the protection of City trees. Several areas in the construction zone have old growth heritage trees with low hanging branches. Due to the size of the grind and removal equipment the contractor should have onsite a small mini grinder to work near large trees that will impact the construction.
• Community Outreach | Z&K will have continuous efforts to keep the community informed of scheduled construction activities. It is imperative that our community outreach does not only include property owners, business owners and residents, but also elected officials, management from the City, and all affected agencies. Z&K will provide updates to affected areas concerning traffic controls, anticipated completion dates, lane closures and access to private property during construction. Our Construction Manager/Senior Construction Inspector will be the point of contact for the community.
• Weekend Work/Overtime Requested by Contractor | All overtime shall be approved by the City prior to the commencement of work and all associated costs for inspection/construction management shall be at the expense of the contractor. This item shall be included as a discussion item in the pre-construction conference. Due to unforeseen issues when scheduling manpower and materials, it may be necessary for the contractor to work evenings or weekends. This provision is important to minimize any additional costs to the City for the benefit of the contractor. • Delays Due to Other Projects | Z&K will work closely with the City to ensure that other scheduled projects do not interfere with our project. We will work closely with local agencies to ensure project schedule overlap and conflicts do not occur. Z&K will also work with staff to coordinate street construction activities so that they do not conflict with any needed emergency utility or road work. If the need arises, Z&K will work closely with the contractor to adjust the schedule and accommodate any unanticipated work which might impact the overall schedule. • Public Safety | Z&K will coordinate our construction activities with the Fire Department. This coordination will include both the Station Captain impacted by the construction activity and the executive management of the Fire Department.
During this phase of the project, Z&K will work closely with the contractor to ensure that the Fire Department will be involved in the scheduling and planning stages for this street. The Sheriff’s Department will also be notified of all scheduled construction activity as this work will impact major traffic routes in the City. . • Damage to Private Property | Damage to private property and vehicles occasionally occurs during construction activities. The contractor and subcontractors all have adequate insurance and an established procedure to handle these claims. Community outreach shall include a procedure to notify Z&K immediately if any damage occurs. This is so we can properly memorialize the damage and conduct an interview to ascertain the facts. Z&K will have a procedure for the community to file claims prior to the start of construction. This will include the contact information, phone numbers, and emails for the contractor’s risk management person.
CLAIMS EXPERIENCE
• 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.
• Z&K’s proposed team members are trained in dispute and claim avoidance and resolution and will develop and implement an Alternate Dispute Resolution ladder to resolve construction issues in a timely manner and avoid any potential delays in the project schedule. The Team will implement procedures for reducing the likelihood of disputes and claims. Z&K’s Construction Manager will evaluate any potential claims from the Contractor for whether there is entitlement and will determine what the fair and reasonable amount of entitlement will be prior to making a recommendation to the City for Contractor payment.
• Z&K Consultants is a full-service multi-disciplinary professional engineering consulting firm that is currently working with over 15 agencies in Southern California in a similar capacity. We specialize in Construction Management and Inspection services. We are very strong in Contract Administration and Claims. Our Construction Managers thoroughly understand contracts and have both construction and design backgrounds. On a recent project this year, we reduced a $30k Potential Change Order to $0 through contract negotiation and extra work execution strategy. We received a Notice of Force Majeure from a Contractor in another last month, and our response to the Contractor’s Force Majeure claim resulted in the Contractor promptly rescinding their claim to avoid the False Claim case we positioned to pursue with our response. In addition to the Construction Management and Inspection, we are proud of our strength to protect Agencies through strong negotiations and claims avoidance. We also prevail in scheduling and recovery schedules with many of our projects finishing within schedule and many ahead of schedule.
Our team has performed a
site visit and completed a
Preliminary Constructability
Review. Our team is local to
the City of San Marino and is
very familiar with the City.
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PROPOSED SCHEDULE
Project is planned for the following amounts of working days, pending the combination of Base Bid and Additive Alternates awarded:
• Avondale Lift Station (Base Bid only): 80 Working Days • Base Bid and Monterey Lift Station (Additive A): 130Working Days • Base Bid and Orlando Lift Station (Additive B): 150 Working Days • Base Bid, Alternate A, and Alternate B: 200 Working Days The proposed schedule was developed using
Primavera P6 technology. Z&K assumed that no
construction will be conducted until the contractor
gets an approved traffic control plan that make sure
that the public will move around the construction
safely and with minimum inconvenience. Our
Project Schedule includes a preliminary draft CPM
Schedule demonstrating that this project. These estimates are supported by our preliminary construction schedule yielding a significant savings
along with overhead construction management
and construction costs. The most significant saving
is less inconvenience to the community and less
City exposure due to shortened construction
duration. Our team members have achieved such
savings on many other projects, so our track record
and previous experience supports our proposal to
the City.
Time management uses scheduling to accurately
manage and track the restrictive elements of time
and resources throughout the project. The key to a
successfully implemented and managed schedule
is the development of an accurate, detailed, and
realistic baseline schedule. Z&K will review the
Contractor’s baseline schedule to ensure it is
accurate and reasonable. Activity durations and
logic ties will be examined for accuracy and
constructability. The schedule logic and activity
durations will also be analyzed to ensure the
Contractor does not use float suppression
techniques. Schedule float is a valuable resource
for the Owner and the Contractor.
Schedule implementation and administration is the
next step in proper time management. The
Contractor’s actual progress will be documented
daily. The Z&K Team will review the progress with
the Contractor at the weekly meetings. The
Contractor’s three-week-look-ahead schedule will
be compared with the work plan on the record
schedule to ensure the Contractor continues to use
the record schedule as a management tool. We will
check the record schedule for activities with start
dates that did not begin during the review period.
This proactive approach flags potential delay
issues for further discussion.
The Z&K Team has extensive experience in
dealing with changes from unforeseen conditions,
owner-initiated changes, and other types of
delates. The Contractor will be required to submit
a time impact analysis for any issue with the
potential to delay the overall progress of the work.
Z&K will seek ways to mitigate the delay as the first
course of action. This enables creative solutions for
potential delay issues.
The Z&K team will review the Contractor’s critical
path method schedule weekly to monitor the
project progress and define the critical path tasks
required to ensure compliance with the project
schedule. Z&K will provide, monthly, an update of
accomplishments and projected project schedule
goals for the following month. Z&K will report any
delays or instances of noncompliance with the
project schedule to the City.
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RISK MANAGEMENT LOG
Based on past our review of the project documents and our past experience on pipeline projects, Z&K has identified the following potential risks and proposed resolutions for the Project. # Occurrence
Probability
Risk
Description Response Strategy
1 High Long Lead
Items
Z&K has success on recent projects issuing an Administrative Notice to Proceed for the Contractor to begin on submittals for long lead items while the PWA is being drafted and executed. We will ensure the contractor begins process to order/procure possible long lead items or items that require coordination such as pumps, motors, pump cans, PLC, ductile iron pipe, fittings, valves and other appurtenances. Long lead item procurement is essential to project schedule. 2 High
Explosive
Fumes
Z&K recommends that details for explosion proof fittings in the lift station due to potential explosive fumes are provided during the bid.
3 High Key Items
§ Z&K will closely monitor and ensure the following:
§ Ensure the contractor lubricants and bumps the motors prior to start up and commissioning to comply with manufacturer warranty protocols.
§ Contractor to provide bypass and secondary bypass plan for approval prior to installation. § Contractor must have onsite an approved and very robust spill plan with action plans as well as emergency notification protocols
§ Require contractor to screen all bypass operations from public view. § Require contractors to verify all equipment ( pumps, stand by generators, emergency lighting ) meets San Marino codified ordinances for noise and DBA levels.
§ Require inspection staff to monitor and memorialize ( record ) DBA readings during all bypass activities. § Notifications must go out to all residences within 1,000 feet of all bypass operations ( due to noise ) § Require contractor and consultant ( inspection staff ) to be on call 24 hours for emergency response. § Verify all SCADA connections and requirements.
§ Specify hydraulic testing requirements ( 200 PSI for 2 hours ) for all DIP material and restrained fittings installed. § Ensure all lighting for access is enclosed and protected from damage. § Access ladders must be OSHA approved
§ Resident notifications for the project as well as posted project signage ( approved byCity staff prior to installation) § Any traffic plans must be submitted for approval.
§ Coat all fittings and DIP pipes for final inspection. § Lighting , venting must be on an automatic switch prior to staff entering any confined space. § Sump pump must be on a sensor to notify city staff when the sump pump is activated via SCADA if available. 4 High
Access,
Staging,
Work
Restrictions
Items to further develop:
• Access, staging, utility availability, entry points, and work restrictions. •Construction limits, Storage yards, Office Trailers, storage containers, adequately shown and defined (needed for both access and construction limits).
5 High Traffic
Control
Z&K understands that traffic control is a critical item for the community. Due to the location of the project directly adjacent to the City of Artesia the contractor shall coordinate both lane restrictions and lane closures with the City of Artesia. This will include notifications with Fire, Law Enforcement, Postal delivery, and refuse pick up. Contractor will strictly adhere to lane/street closure hours of operation as stated in the specifications for both morning lane closures as well as afternoon/evening closures. Contractor will notify and coordinate with the residents along Ohio Ave for traffic control and accessibility.
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# Occurrence
Probability
Risk
Description Response Strategy
6 High Jobsite
Security
Our team has worked extensively in the City of San Bernardino. We have held multiple contracts with the City of San Bernardino Public Works from 2019 and we currently still work as an extension of staff providing both Project Management and Construction Inspection. Our team fully understands the increased jobsite security required for this location. Our team will deploy all necessary jobsite safety procedures and will ensure that the Contractor has adequate jobsite security as well.
7 High
Design,
Construction,
& Delivery of
the Reservoir
The footing for the reservoir has been designed and approved. We will ensure that the design and delivery of the reservoir is closely monitored and does not delay the project. 8 High PreConstruction
Prior to the start of any excavation or asphalt cutting or removal the contractor shall provide confirmation of notification to dig alert as well as the marking of all utilities. Contractor shall notify Z&K prior to the contractor completing the required video of the existing jobsite conditions prior to the start of construction. Z&K will provide our own video as well as drone footage of site conditions of public and private property prior to construction as well as at the completion of the project.
9 High Community
Outreach
Contractor shall notify the City as well as Z&K for planned and required inspections where the City will be present as well as Z & K. This will include water main pressure testing, hydro testing of new pipe installation as well as all hot tapping operations. Contractor shall notify both the City engineering office as well as Z & K four days prior to the start of construction activities.
10 High Safety
All steel plates used to cover trenches or excavations must have a non-slip coating or be finished with a non-slip surface. This is to protect vehicular, bicycle, and pedestrian traffic from slip and fall accidents while traversing the steel plates.
11 High Quality
Assurance
Contractor shall coordinate with Z & K for all inspections concerning coating of rebar with approved erosion protections and coatings for erosion protection for all DIP connections and fittings. 12 High Agency
Coordination
Our Team will ensure that all agencies affected by this Project are invited to the pre-construction conference and informed of the Project schedule and progress. Z&K will ensure that the Project complies with all permit requirements and environmental mitigation measures.
13 High Utility
Coordination
We will ensure that the Contractor coordinates with Underground Service Alert and all utilities are marked prior to the start of construction. We will track existing utilities marked by Underground Service Alert to ensure that mark outs are recorded and documented. After mark outs, contractor will be required to pothole. Additionally, contractor shall notify all utility agencies to performing any work. If the contractor hits a utility, they will not be able to claim that the City is liable for the cost of repairs.
14 High Change
Orders
Z&K will closely monitor the work and proactively manage the change order process. We will identify potential change orders early and proactively develop solutions.
15 High
Pedestrian
Access during
Construction
The contractor is responsible to always maintain pedestrian access through the project. We will ensure that the contractor accounts for pedestrian access when staging their work. 16 Medium Job Site
Housekeeping
We will have the contractor commit to street sweeping during all construction activity. This item should not be left to the discretion of the Contractor but rather a specific directive from the City to the Contractor.
PAGE 113 of 352
SECTION 2:
FINANCIAL AND RELATED
INFORMATION
PAGE 114 of 352
FINANCIAL AND RELATED INFORMATION
FINANCIAL STATEMENTS
Z&K Consultants, Inc. is financially qualified to undertake the Services defined by this RFQ/RFP. We understand that to be considered qualified, the City may request from Respondent and any team member of any proposed consortium or joint venture, audited and/or reviewed financial statements for the most recently completed three fiscal years.
Z&K Consultants, Inc. does not have any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract. Z&K Consultants, Inc. does not have any current clients who may have a financial interest in the outcome of this contract or any City construction project that may follow.
Z&K Consultants, Inc. is in a strong financial position and does not have any conditions that may impede our firm’s ability to provide the services requested in this proposal.
Z&K Consultants, Inc. accepts the terms and conditions for the City standard Professional Services Agreement. Z&K Consultants, Inc. does not have any proposed deviations or modifications to the agreement to note.
CLAIMS AND LITIGATION HISTORY
Z&K Consultants, Inc. has ZERO (0) claims and ZERO (0) litigation history, including threatened, since being founded.
LETTER FROM INSURANCE BROKER
Z&K Consultants, Inc. meets the insurance requirements set forth in the RFP and commits to meet these requirements for the duration of the contract. See attached for proof of insurance.
PAGE 115 of 352
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG
OTHER: $
COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$
OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
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.
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).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
5/17/2023
(714) 505-5550 (714) 975-8966
25674
Z & K Consultants, Inc.
22295 Jessamine Way
Corona, CA 92883
31194
A 1,000,000
6802J978123 5/18/2023 5/18/2024
5,000
1,000,000
2,000,000
2,000,000
A 1,000,000
BA6W8120541 5/18/2023 5/18/2024
A 5,000,000
CUP7W800864 5/18/2023 5/18/2024
0 5,000,000
A
UB-9K77696A-23-47-G 5/18/2023 5/18/2024 1,000,000
1,000,000
1,000,000
B E&O Aggregate $2M 0105963601 7/10/2023 Ded $0 2,000,000 Insured Purposes Only
PROOF OF COVERAGE ONLY
Z&KCONS-01 SOPHIAGONZALEZ
NFP Property & Casualty Services, Inc.
1551 North Tustin Avenue
Suite 500
Santa Ana, CA 92705
Travelers Property Casualty Company of America
Travelers Casualty and Surety Company of America
Aggregate
7/10/2024
X
X
X
X
X
PAGE 116 of 352
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PAGE 122 of 352
SECTION 3:
RESPONSE FORMS
PAGE 123 of 352
1 Exhibit H
PROPOSAL AUTHORIZATION
NAME OF RESPONDENT_______________________________________________________
1. The above-named Respondent is a Respondent to the Request for Qualifications / Request for Proposals of City of San Marino Construction Management/Inspection Services for the Lift Station Improvement Program Project No. 21-8022 for Project Manager Services (“RFQ/RFP”) and possesses the legal authority to submit this Proposal.
2. The undersigned is authorized to conduct all negotiations for and legally bind the respondent in all matters relating to this proposal submittal.
3. The undersigned has reviewed, understands, is able to comply with and agrees to be bound by the General Conditions Governing this RFP described in Section 7 of the RFP.
4. The undersigned grants City a right to conduct reference checks and reasonable investigation of all information provided by Respondent.
5. The undersigned certifies that this Proposal is irrevocable until 120 days after its submission date.
Signature: ________________________________________________________________ Print Name: ________________________________________________________________ Title: ________________________________________________________________ Date: ___________________________________
PAGE 124 of 352
1 Exhibit I
ACKNOWLEDGMENT OF ADDENDUM FORM (“ACKNOWLEDGMENT”)
TO CITY OF SAN MARINO
THIS ACKNOWLEDGMENT IS SUBMITTED BY:
_____________________________________________________________________________ (Firm/Company Name)
1. In submitting this Proposal, Proposer represents that the Proposer has examined all of the Contract Documents and the following Addenda (receipt of all of which is hereby acknowledged).
Addendum Number Addendum Date Signature of Proposer
1 October 18, 2023
PAGE 125 of 352
ADDENDUM NUMBER 1 TO REQUEST FOR QUALIFICATIONS/REQUESTS FOR
PROPOSALS
Date: October 18, 2023
LIFT STATION IMPROVEMENT PROGRAM CONSTRUCTION
MANAGEMENT/INSPECTION
PROJECT NO. 21-8022
A. This Addendum shall be considered part of the proposal documents for the above-mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith. Where provisions of the following supplementary data differ from those of the original proposal documents, this Addendum shall govern and take precedence. BIDDERS MUST SIGN THE ADDENDUM AND SUBMIT IT WITH THEIR PROPOSALS.
B. Prospective proposers are hereby notified that they shall make any necessary adjustments in their estimates as a result of this Addendum. It will be construed that each proposal is submitted with full knowledge of all modifications and supplemental data specified herein.
Except as described below, the original RFQ/RFP document remains unchanged. The documents are modified and/or clarified as follows:
1. Section 1.2 of the RFP/RFQ (Brief Description of Project) is revised to read as follows:
The project will perform operational and functional
upgrades to the City’s sewage lift station located on
Avondale Road, with potential upgrades to the City’s other two sewage lift stations (located on Orlando Rd and
Monterey Rd) as additive alternates. Work includes fulltime project management and construction inspection services for the project.
An Administrative Notice to Proceed is tentatively
scheduled for January 2024, with a Construction Notice to Proceed scheduled for December 2024 due to anticipated long lead times for furnishing the new pump station control
panels included in the design. The Project’s time for
completion may range from 80 Working Days (Base Bid only) to 200 Working Days (Base Bid and both Additive Alternates) from the Construction Notice to Proceed. Should the City award a combination of the Base Bid and Additive Alternate # 1 or the Base Bid and Additive Alternate #2, the time for completion will be either 130 or 150 Working Days,
respectively.
PAGE 126 of 352
2. Exhibit C (Milestone Schedule) is revised to read as follows:
Respondent to propose a timely schedule. Project is planned for the following amounts of working days, pending the
combination of Base Bid and Additive Alternates awarded:
Avondale Lift Station (Base Bid only): 80 Working Days
Base Bid and Monterey Lift Station (Additive A): 130
Working Days
Base Bid and Orlando Lift Station (Additive B): 150 Working Days
Base Bid, Alternate A, and Alternate B: 200 Working Days Acknowledgement Required Below
PROPOSER MUST ACKNOWLEDGE THIS AMENDMENT BY SIGNING BELOW AND ATTACHING THE SIGNED ADDENDUM TO THE PROPOSAL:
Company Name ______________________________________
Contact Person _______________________________________
Signature ____________________________________________
Date ________________________________________________
Amber Shah, PE
Director of Park and Public Works / City Engineer
City of San Marino
[email protected]
(626) 300-0765
Crystal Fraire
11/6/23
Z&K Consultants
PAGE 127 of 352
1 Exhibit E
ACCEPTANCE OF FORM OF PROFESSIONAL SERVICES AGREEMENT
NAME OF RESPONDENT_______________________________________________________ The above Respondent hereby agrees to sign Professional Services Agreement substantially similar to the form of Professional Services Agreement attached to the RFP as Exhibit D, or has attached proposed modifications to the form of Professional Services Agreement as an Addendum to this signed Acceptance.
[Respondent must check one of the following boxes, and complete if applicable] Respondent’s proposed modifications to the Professional Services Agreement are attached as Attachment[s] ________________________ [complete as applicable] to this signed Acceptance, pursuant to the “Strikeout”/“Underline” format described in RFP Section 3.1. Respondent has no proposed modifications to the Professional Services Agreement.
Signature: ________________________________________________________________ Print Name: ________________________________________________________________ Title: ________________________________________________________________ Date: ___________________________________
PAGE 128 of 352
1 Exhibit F
ACKNOWLEDGMENT OF RECEIPT OF RFQ/RFP FORM
In acknowledgment of receipt of this Request for Qualifications / Request for Proposal of the City for Project Manager Services (“RFP”), the undersigned Respondent agrees that he/she/it has received a complete copy, beginning with the Title Page and Table of Contents and ending with Exhibit I.
This Acknowledgment of Receipt of RFQ/RFP Form must be signed and returned to the Project Manager indicated below no later than (time/date) pursuant to Section 4.1 of the RFQ/RFP. Only interested parties who elect to return this Acknowledgment of Receipt of RFQ/RFP Form completed with the indicated intention of submitting a proposal will be placed on the distribution list for any and all Addendum/Addenda to this RFQ/RFP. The name and address provided below will be used for all written correspondence related to this RFQ/RFP.
Firm: ________________________________________________________________ Contact Name: ________________________________________________________________ Title: ________________________________________________________________ Telephone: ________________________________________________________________ Facsimile: ________________________________________________________________ E-mail: ________________________________________________________________ Address: ________________________________________________________________ City: _______________________ State: _____________ Zip: ____________ Signature: ________________________________________
Print Name: ________________________________________________________________ Title: ________________________________________________________________ Date: ___________________________________
This entity does /does not intend to respond to this RFQ/RFP [check appropriate box].
Respondent must return this signed form to the project manager identified in RFQ/RFP Section 1.2.
PAGE 129 of 352
SECTION 4:
DISCRETIONARY
SUPPLEMENTAL MATERIALS
PAGE 130 of 352
SAMPLE DOCUMENTS
WEEKLY NEWSLETTER
INSPECTORS DAILY REPORT
PAGE 131 of 352
EMPLOYEE INTERVIEW FORM WEEKLY STATEMENT
MONTHLY QUANTITY
OF WORKING DAYS
SHEET
CONTRACT CHANGE ORDERS
PAGE 132 of 352
1 of 14
PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
Z&K CONSULTANTS
473 E. Carnegie Drive, Suite 200
San Bernardino, CA 92400
This Professional Service Agreement (“the Agreement”) is made as of January 10, 2024 (the “Effective Date”), by and between Z&K CONSULTANTS, Incorporated (“Consultant”), and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).
PAGE 133 of 352
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RECITALS
A. City desires certain professional services as specified in this Agreement.
B. Consultant represents that it is qualified and able to provide City with such services.
NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows:
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services (“Services”) set forth in the attached Exhibit A.
1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations.
1.4. Consultant shall not be compensated for any work performed unless it is specified in Exhibit A or City authorizes such work in advance and in writing. Any work so authorized by City shall become part of the Services for purposes of this Agreement.
2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through December 31, 2025 unless sooner terminated as provided in Section
5.0 of this Agreement.
3.0 Consultant’s Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit B but in no event will the City pay more than $253,000. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B, unless otherwise approved by City in writing. Pursuant to Section 02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services of greater than thirty thousand dollars ($30,000.00).
4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end PAGE 134 of 352
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of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed charges within 30 days of receiving Consultant’s invoice.
City will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for two years following the expiration or earlier termination of this Agreement.
5.0 Termination
5.1. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least thirty (30) calendar days before the termination is to be effective.
5.2. Consultant may terminate this Agreement for cause in the event City fails to cure a default under this Agreement within thirty (30) days after Consultant has given City notice of such default.
5.3. Upon termination of this Agreement, Consultant shall cease all work under this Agreement and deliver to City all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect. City shall pay Consultant for all services satisfactorily rendered through the last working day this Agreement is in effect; provided that in no event, including but not limited to termination, shall Consultant be entitled to receive more than the maximum compensation set forth in Section 3. Neither party shall have any other claim against the other party by reason of termination pursuant to this Section 5.0.
6.0 Reports, Information, and Work Product
6.1. Consultant shall deliver to City: (1) any reports on the status of the Services upon City’s request and in such time and in such form as City may require; and (2) all material furnished to Consultant by City upon City’s request and/or upon the expiration or termination of this Agreement.
6.2. Unless the Parties agree in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including without limitation any website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final PAGE 135 of 352
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payment being made. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Consultant hereby assigns to City all rights of ownership to the Work Product, including but not limited to any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to this paragraph.
6.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose.
Consultant shall defend, indemnify, and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim, or liability in any way related to a claim that any use by the City of any of the Work Product violates federal, state, or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents, or other means of protecting intellectual property rights, and/or interests in products, ideas, or inventions.
Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret, or trademarked documents, materials, equipment, devices, or processes in connection with its provision of the Work Product produced under this Agreement. If any use by city of any of the Work Product or other deliverables is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using such Work Product and/or other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become noninfringing while remaining in compliance with the requirements of this Agreement.
6.4. Consultant’s obligations under this Section 6.0 shall survive the expiration or termination of this Agreement.
7.0 Party Representatives
7.1. City’s representative for purposes of this Agreement is the City Manager or the person designated in writing by the City Manager. The City Manager’s designee may exercise the authority of the City Manager provided in this Agreement excepting approval of any expenditure that would exceed a total compensation allowed under the Agreement.
7.2. Crystal Fraire is Consultant’s representative for purposes of this Agreement.
8.0 Notices
8.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:
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To City: City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attn: City Manager
To Consultant: Z&K Consultants
473 E. Carnegie Drive, Suite 200
San Bernardino, CA 92400
Attn: Crystal Fraire
8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.0 Independent Consultant
9.1. Consultant is an independent contractor and not an employee of City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
9.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s personnel practices. 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 Section. All duties of Consultant under this Section
9.2 shall survive termination of this Agreement.
9.3. In the event that Consultant provides any of the Services by or through any employee or any person whose work under this Agreement becomes cause for any payment or contribution required by law, including but not limited to the California Public Employees' Pension Reform Act (PEPRA), to the Public Employee Retirement System, Consultant shall be solely responsible for all such payments or contributions.
Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s failure to make any such payment or contribution. City shall have the right to offset against the amount of PAGE 137 of 352
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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 Section. All duties of Consultant under this Section
9.3 shall survive termination of this Agreement.
10.0 Subcontractors
Unless otherwise specified in Exhibit A, no portion of this Agreement shall be subcontracted without the prior written approval of the City Manager. Consultant is fully responsible to City for the performance of any and all subcontractors, if any.
11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City Manager. Any purported assignment without such consent shall be void and without effect.
12.0 Insurance
12.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements, including but not limited to additional insured endorsements, effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City, if requested. All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
12.2. General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
12.3 Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.
12. 4 Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in PAGE 138 of 352
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the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
12.5 Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.
12.7. Proof of insurance. Consultant shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
12.8 Duration of coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or sub-consultants.
12.9 Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.
12.10 Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Agency may cancel this Agreement.
12.11 Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact PAGE 139 of 352
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business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
12.12 Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.
12.13 Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.
12.14 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
12.15 Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the Agency immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
12.16 Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
12.17 Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.
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12.18 Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions.
12.19 Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor.
Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to Agency for review.
12.20 Agency’s right to revise specifications. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant’s compensation.
12.21 Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
12.22 Timely notice of claims. Consultant shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
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12.23 Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
13.0 Indemnification, Hold Harmless, and Duty to Defend
13.1. To the maximum extent permitted by law, Consultant shall defend, indemnify, and hold City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively “Indemnitees”) free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, its agents, or its subcontractors in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant’s own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement.
13.2. Consultant must obtain executed indemnity agreements with provisions identical to those in Section 13.1 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of the Services. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless, and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged, or threatened, arising or claimed to arise out of, pertaining to, or relating to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their respective officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
14.0 Equal Opportunity
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ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
15.0 Labor Certification
15.1. By its signature hereunder, Consultant certifies it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code. Consultant shall provide evidence of such coverage before commencing the performance of the Services.
15.2. Consultant certifies that in the performance of the Services, Consultant shall not, in any manner, employ any person or contract with any person so that any Services so performed by such person would be subject to the workers’ compensation laws of the State of California unless and until Consultant gives City a certificate of consent to self-insure or a certificate of Workers' Compensation Insurance Coverage.
15.3. In the event Consultant hires a subcontractor who has employees to perform the Services or any part thereof, then Consultant shall either require the subcontractor to obtain Workers’ Compensation Insurance Coverage, or must obtain Workers’ Compensation Insurance Coverage for the subcontractor’s employees.
15.4. Any Workers’ Compensation Insurance Coverage required by or for this Agreement shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, its agents, and its subcontractors.
16.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
17.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.
18.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
19.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.
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20.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
21.0 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
22.0 Force Majeure
Consultant shall not be liable for any failure to perform any obligation under this Agreement if Consultant presents that City in its sole judgment deems acceptable that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
23.0 Final Payment Acceptance Constitutes Release
Consultant’s acceptance of City’s final payment under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for the Services or anything done or furnished relating thereto. Neither City’s payment to Consultant nor approval of payment constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such or payment or approval be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
24.0 Prohibited Interests; Conflict of Interest
24.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.
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24.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
24.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection.
25.0 Attorneys’ Fees
If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.
26.0 Exhibits
Each exhibit referenced in this Agreement is hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
27.0 Corporate Authority
27.1. Each person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of Consultant and that by his or her execution, Consultant is formally bound to the provisions of this Agreement.
27.2. Consultant certifies it is aware of the requirements of Sections 313 of the California Corporations Code. If Consultant is a corporate entity, it shall either:
(a) provide City written proof that each person executing this Agreement on Consultant’s behalf is duly authorized to bind Consultant; or (b) provide two signatories to this Agreement, of whom the first must be Consultant’s chairman of the board, president, or a vice president and the second must be Consultant’s secretary, an assistant secretary, its chief financial officer, or an assistant treasurer.
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the Effective Date.
CITY OF SAN MARINO
By:_________________________
Philippe Eskandar
City Manager
Attest:
By:_________________________
City Clerk
Approved as to Form:
By:_________________________
Joseph Montes
City Attorney
CONSULTANT
By:_____________________________ (Sign)
Name: __________________________ (Print)
Title: __________________________ (Print)
By:_____________________________ (Sign)
Name: __________________________ (Print)
Title: __________________________ (Print)
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Exhibit A
Scope of Services
Scope of Services found on following page
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Z&K will take a proactive approach with the Contractor and the Design Engineer to ensure the quality of the RFI process is maintained. Finally, Z&K regularly performs internal audits of its field operations to ensure the proper implementation of procedures for Z&K’s quality assurance program.
INFORMATION MANAGEMENT | Proper information flow is crucial to the success of a project. A construction project generates a large amount of information, which must be distributed to all parties on a timely basis. The source of this information will cover the full spectrum including contracts, meeting minutes, drawings and specifications, submittals, requests for information (RFIs), pay requests, invoices, inspection reports, and so forth. Z&K, as CM, will act as the hub for the management of all information flow. Z&K has extensive experience providing document management solutions for its clients. Z&K’s approach to information management also includes building a communication framework to continually foster partnering and teamwork relationships for all the project stakeholders. Z&K builds this framework from the start of the project with an all-inclusive kick-off meeting where the lines of communication and project responsibilities will be clearly explained to all the project stakeholders.
The emphasis on project communication continues throughout the project with the weekly construction meetings. At each weekly meeting, all ongoing issues will be reviewed and discussed. All project stakeholders will be invited to the meetings.
An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, RFIs, submittals, testing and inspection reports, non-conformance notices, environmental monitoring, change orders, three-week-look-ahead schedule, pay requests, and so forth. Unresolved issues will be carried over to the next week’s meeting until a final resolution is obtained.
CODES & PROCEDURES MANAGEMENT | Z&K has a strong knowledge of the City, County, State, and Federal codes and procedures that are required to deliver a successful project. Z&K will ensure that all codes and procedures are properly followed for the City’s Project.
Some of the requirements are as follows:
o Project Construction Documents
o City Standards and Design Manuals
o California Building Code
o California Plumbing Code
o California Mechanical Code
o California Electrical Code
o California Building Energy Efficiency Standards
o Title 24, Part 2, 2.5, 3, 4, 5, 6, 11
o California Fire Code
o California Residential Code
o California Green Building Code
o California Disabled Regulations
o City Codes & Ordinances
o City Grading Code & Manual
o APWA “Greenbook” Standard Specifications for
Public Works Construction
o Caltrans Standards, Specifications, and
Procedures
o Caltrans Construction Manual
o Caltrans Safety Manual
o OSHA Construction Safety
Orders
o 10/30-hr OSHA Training Certification
o Local Assistance Procedures
Manual (LAPM)
o State and Federal Building Codes (Site
Accessibility)
o County Procedures and Guidelines
o Work Area Traffic Control Handbook (WATCH)
Manual
o Manual of Uniform Traffic Control Devices
(MUTCD)
o Project Safety Plan (PSP)
o Site Health and Safety Plan
o Activity Hazard Analysis (AHA)
SCOPE OF SERVICES
Our Team’s relevant experience allows them to provide overall administration of the construction process based on their unique ability to fully understand the construction process, work proactively to identify problems early, and to mitigate each risk before it affects the project performance goals. Z&K has thoroughly reviewed the RFP; we confirmed our team will provide all scope of work tasks as outlined in the RFP scope of services. The Z&K Team will provide excellent Construction Inspection, services for the City of San Marino’s Street Rehabilitation Program.
Z&K acknowledges our ability to meet the contract requirements for the work listed under the scope of services, along with any additional services that the City should require. The Z&K Team, at a minimum, will perform the following:
PRE-CONSTRUCTION PHASE
Preconstruction Conference | Z&K will schedule, coordinate, and conduct a pre-construction conference with the City, affected agencies, and the Contractor, as well as the design engineer, utilities and other agencies. An agenda will be prepared in advance to notify attendees of key items for discussion. At the pre-construction conference, we will discuss special contract and/or concerns, and establish the protocol to be used throughout the project. The meeting will highlight the contractor’s responsibility for items such as order of work, permit and environmental agreements, safety and access, progress pay requests, labor compliance, submittals, RFIs, CCOs, quality control, materials certification, schedule updates, and weekly meetings. Z&K will review the baseline schedule and verify that it meets all the required information prior to issuing the Notice to Proceed to the Contractor. Z&K will prepare and promptly distribute meeting minutes to all attendees.
Z&K has carefully selected this "A-Team" of and committed our most qualified staff for the duration of the contract to deliver a successful project. All assigned Z&K Inspectors and Construction Managers are committed to provide their services at all times required by the contract. Our proposed personnel have successfully provided construction management and inspection for a variety of projects. The Z&K Inspectors are on site daily to observe construction operations and materials and compare them with the project plans and specifications.